official minutes of marion county board of county … › migrate › minutes1120… ·...

44
Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS November 20,2012 The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:03 a.m. on Tuesday, November 20, 2012 at the Marion County Governmental Complex located in Ocala, Florida. Commissioners - The Honorable David B. Eddy, Administrative Judge of the Fifth Judicial Circuit, administered the Oath of Office to Commissioners David Moore, Stan McClain and Earl Arnett. Commissioner Arnett thanked his family for their support during the campaign process and noted it was a privilege to represent and serve the citizens of Marion County. Commissioner McClain stated he was honored to serve the citizens for another term, noting it was his hope to continue the tradition of fiscal responsibility. Commissioner Moore stated he was looking forward to working with the other Commissioners in serving the community. He commented on the importance of establishing priorities during fiscally challenging times in order to meet the needs of citizens and achieve goals that would prepare the community for a brighter future. Commissioner Moore thanked staff for their time and for providing the information needed to begin his service as prepared and informed as possible. The meeting opened with invocation by Commissioner Zalak, and the Pledge of Allegiance to the Flag of our Country. Upon roll call the following members were present: Chairman Kathy Bryant, District 2; Vice-Chairman Carl Zalak, District 4; Commissioner David Moore, District 1; Commissioner Stan McClain, District 3; and Commissioner Earl Arnett, District 5;. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Lee A. Niblock. Commissioners - Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12.C.). Proclamations/Projects & Programs - (1.A. through D.) - Upon motion of Commissioner McClain, seconded by Commissioner Zalak, the Board approved the following: A. Presentation of the "Fire Prevention Month 2012 Poster Contest Winners". B. Presentation by the American Heart Association. C. Presentation by Commissioner Zalak. D. Proclamation designating November 29, 2012 as "Community Legal Services of Mid-Florida Day". Districts/Projects & Programs/Schools - (1.A.) - Assistant County Administrator of Public Safety M. Stuart McElhaney, Fire Marshal Paul Nevels and Public Information Officer Jessica Green, on behalf of Marion County Fire Rescue (MCFR), presented the following recommendation regarding the Fire Prevention Month 2012 Poster Contest Book R, Page 297

Upload: others

Post on 30-Jun-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

Official Minutes of MARION COUNTY BOARD OF COUNTY

COMMISSIONERS

November 202012

The Marion County Board of County Commissioners met in regular session in Commission Chambers at 903 am on Tuesday November 20 2012 at the Marion County Governmental Complex located in Ocala Florida

Commissioners - The Honorable David B Eddy Administrative Judge of the Fifth Judicial Circuit administered the Oath of Office to Commissioners David Moore Stan McClain and Earl Arnett

Commissioner Arnett thanked his family for their support during the campaign process and noted it was a privilege to represent and serve the citizens of Marion County

Commissioner McClain stated he was honored to serve the citizens for another term noting it was his hope to continue the tradition of fiscal responsibility

Commissioner Moore stated he was looking forward to working with the other Commissioners in serving the community He commented on the importance of establishing priorities during fiscally challenging times in order to meet the needs of citizens and achieve goals that would prepare the community for a brighter future Commissioner Moore thanked staff for their time and for providing the information needed to begin his service as prepared and informed as possible

The meeting opened with invocation by Commissioner Zalak and the Pledge of Allegiance to the Flag of our Country

Upon roll call the following members were present Chairman Kathy Bryant District 2 Vice-Chairman Carl Zalak District 4 Commissioner David Moore District 1 Commissioner Stan McClain District 3 and Commissioner Earl Arnett District 5 Also present were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

Commissioners - Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12C)

ProclamationsProjects amp Programs - (1A through D) - Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board approved the following

A Presentation of the Fire Prevention Month 2012 Poster Contest Winners B Presentation by the American Heart Association C Presentation by Commissioner Zalak D Proclamation designating November 29 2012 as Community Legal

Services of Mid-Florida Day

DistrictsProjects amp ProgramsSchools - (1A) - Assistant County Administrator of Public Safety M Stuart McElhaney Fire Marshal Paul Nevels and Public Information Officer Jessica Green on behalf of Marion County Fire Rescue (MCFR) presented the following recommendation regarding the Fire Prevention Month 2012 Poster Contest

Book R Page 297

November 20 2012

Winners DescriptionBackground Every year during Octobers Fire Prevention Month activities a poster contest is held in the 33 public elementary and large private schools in Marion County Each school selects one winner per grade level (K-5) who receives a medal These winning posters are then pooled together and an overall county-wide winner is chosen for each grade by Marion County Fire Rescue (MCFR) officials The theme for this years contest was Get Down Get Out Get on the Phone The six overall county-wide winners are presented with a trophy and MCFR public education materials for their outstanding efforts in interpreting the fire prevention contest theme in their posters This year MCFR partnered with two community businesses Best Buy and Easy Street to provide $23 worth of gift certificates for each student totaling $138 collectively Historically the presentation is made by the county commissioners at a regular meeting in the presence of the winners families and school officials BudgetImpact Expenditure of $831 for medals and trophies from the Public Education Operating Supplies account funded by Illegal Burn Fines revenue as provided by Marion County Code Chapter 8 Article III Section 8-36 Recommended Action Presentation of the trophies and goody-bags to the county-wide poster contest winners by Commissioners The 2012 Fire Prevention Month poster contest winners are Kindergarten Aiden Hendrix Shady Hill Elementary Grade 1 Aubrey Brand Ward Highlands Elementary Grade 2 Megan Griggs Madison Street Academy Grade 3 Emily Keo Wyomina Park Elementary Grade 4 Caroline Merriman Dr NH Jones Elementary Grade 5 River Thompson Wyomina Park Elementary

Projects amp Programs - (1C) - Commissioner Zalak on behalf of the Board of County Commissioners (BCC) thanked Major George Patterson Salvation Army for the work performed throughout the community He stated Marion County was excited about continuing its support for the Salvation Army Kettle Drive as well as the Thanksgiving Turkey Drive Commissioner Zalak requested citizens support the organizations Christmas Turkey Drive for those in need throughout the community

Major Patterson thanked Marion County for its generous support and provided an overview of the organizations upcoming events

County EmployeesProjects amp Programs - (18) - Human Resources amp Benefit Services Director Drew Adams presented the following recommendation upon being awarded and recognized as a Fit-Friendly Worksite by the American Heart Association

DescriptionBackground Marion County Board of County Commissioners is being awarded and recognized as a Fit-Friendly Worksite by the American Heart Associations My Heart My Life initiative The Fit-Friendly program is intended to be a catalyst for positive change in the workplace across America and right here in Marion County It recognizes worksites for making the health and wellness of their employees a priority The Marion County Health Happens well ness program implemented this past year through Risk and Benefit Services encourages healthy eating physical

Page 298 Book R

November 202012

activity and a healthy emotionally balanced lifestyle for employees Marion Countys Wellness Coordinator Lisa Dunham is responsible for the programs overall success and for championing the American Heart Association Fit Friendly Worksite application process BudgetImpact None Recommended Action Accept presentation and award from American Heart Association Risk and Benefit Services Manager Sheri Wiley provided a brief overview of the

Fit-Friendly program and thanked Marion Countys Wellness Coordinator Lisa Dunham for her efforts in implementing the program

Stacy McDonough American Heart Association Regional Director presented the BCC with the American Heart Associations Fit-Friendly Worksites Gold Seal and advised that the award was based on an organizations commitment to proactive employee wellness She noted Marion County was one of only six organizations within the County to receive the recognition

Projects amp Programs - (2A1) - Roger Knechtel SE 9yth Terrace Road Summerfield addressed the Board in regard to a decrease in the unemployment rate for Marion County and commended formerCommissioner Mike Amsden for his efforts He commented on the Marion County Citizens Academy and thanked Executive Administrative Manager Jeannie Rickman Office of Strategic Services for her efforts with that program

Minutes - (3A through C) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt the meeting minutes of October 16 23 and November 12012 The motion was unanimously approved by the Board (5-0)

GrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Certificate of Acceptance of Subgrant Award No 2013-JAGC-MARI-4-D7-237 with the State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement (FDLE) awarding an Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $10000 for the Marion County DUI Court covering the period of October 1 2012 through September 30 2013 It was noted that matching fund were not required The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff - (4B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve and execute the Equitable Sharing Agreement and Certification Report to be electronically submitted to the Department of Justice and the Department of Treasury as requested by Sheriff Dean Marion County Sheriffs Office (MCSO) It was noted that the total amount received under the Federal Equitable Sharing Agreement during fiscal year (FY) 2011-2012 was $191481 and earned interest in the amount of $48953 was accumulated during the year The motion was unanimously approved by the Board (5-0)

Projects amp ProgramsResolutionsSheriff - (4C) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-Rshy520 approving the Marion County Comprehensive Emergency Management Plan

Book R Page 299

November 20 2012

(CEMP) to be electronically submitted to the Florida Division of Emergency Management (FDEM) in accordance with Rule 27P-6006(10) Florida Administrative Code (FAC) The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 12) - Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted the following Buqget Amendment Resolutions as presented by Clerk Ellspermann

1 12-R-521 transferring $1226340 within the Local Housing Assistance Trust Fund for the State Housing Initiative Partnership Act

2 12-R-522 transferring $68233 within the Silver Springs Shores Special Tax District - Reserve for Cash to be Carried Forward

3 12-R-523 transferring $28000 within the General Fund for Industry Development

4 12-R-524 transferring $176334 within the General Fund for the Sheriffs Department - Jail

5 12-R-525 transferring $1250 within the General Fund for the Sheriffs Department - Emergency Management

6 12-R-526 transferring $2077 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

7 12-R-527 transferring $5911 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

8 12-R-528 transferring $20000 within the General Fund for the Animal Services Department

9 12-R-529 transferring $175678 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

10 12-R-530 transferring $138073 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

11 12-R-531 transferring $649653 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

12 12-R-532 transferring $41000 within the General Fund for Clerk to County Commission

(Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigative Division)

Clerk - (5B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve the request by Clerk Ellspermann to dispose of records held by Marion County agencies in accordance with record retention schedule (GS1-SL) as approved by the State of Florida Bureau of Archives amp Records Management Section 2831 Florida Statutes The motion was unanimously approved by the Board (5-0)

BudgetsMunicipalities - (5C) - Clerk Ellspermann presented copies of letters from the Cities of Dunnellon and Ocala requesting payment of Tax Increment Financing District (TIFD) Funds

Letters were received from Dunnellon Finance Officer Jan Smith requesting payment of $4257292 and from Ocala Deputy Director Cindy Kelley requesting payment of $19185006

In response to Commissioner Zalak Clerk Ellspermann advised that if there was

Page 300 Book R

November 20 2012

an increase in the assessment of property values received from the Property Appraisers Office for specific taxing districts then the monies collected by Marion County were returned to that district

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve payments to the Cities of Dunnellon and Ocala The motion was unanimously approved by the Board (S-O)

ClerkCommissionersResolutions - (SD) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to ratify adoption of Resolution 12-R-S19 providing SunTrust Bank as the Countys designated depository with facsimile signatures of Chairman Bryant and Clerk Ellspermann The motion was unanimously approved by the Board (S-O)

BudgetsBuildings amp GroundsClerk - (SE) - Clerk Ellspermann presented a memo dated November 20 2012 regarding the summary of the unaudited fiscal year (FY) 2011-12 excess funds retumed to the Board of County Commissioners by Constitutional Officers as follows

The following is a summary of the unaudited 2011-2012 excess funds retumed to the Board of Count Commissioners b the Constitutional Officers

Constitutional

Officer

Funds Returned

Excess

Budget

Excess

Fees

Total Amount

Returned

Clerk of the Circuit Court

Property Appraiser

Sheriff

Regular

Bailiff

Jail

Emergency Management MSTU

Total Sheriff

Supervisor of Elections

Tax Collelttor

Total All Officers

$

$

$

$

$

$

$

28453733

27995703

52100793

3303826

99163722

20420215 255532981

430521537

59179

30535337

517565489

$

$ 546380

=-$____

11554

$

$

$

$

28544888

28569722

52100793

3303826

99163722

20420215 32981

605559

Clerk Ellspermann advised that the carry-forward amount was $S 18777043 and included funding from grant commitments restricted funds and subsequent year budgets He stated no motion was necessary to accept the fiscal year 2011-2012 excess unaudited funds returned to the Board of County Commissioners by Constitutional Officers

Book R Page 301

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 2: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Winners DescriptionBackground Every year during Octobers Fire Prevention Month activities a poster contest is held in the 33 public elementary and large private schools in Marion County Each school selects one winner per grade level (K-5) who receives a medal These winning posters are then pooled together and an overall county-wide winner is chosen for each grade by Marion County Fire Rescue (MCFR) officials The theme for this years contest was Get Down Get Out Get on the Phone The six overall county-wide winners are presented with a trophy and MCFR public education materials for their outstanding efforts in interpreting the fire prevention contest theme in their posters This year MCFR partnered with two community businesses Best Buy and Easy Street to provide $23 worth of gift certificates for each student totaling $138 collectively Historically the presentation is made by the county commissioners at a regular meeting in the presence of the winners families and school officials BudgetImpact Expenditure of $831 for medals and trophies from the Public Education Operating Supplies account funded by Illegal Burn Fines revenue as provided by Marion County Code Chapter 8 Article III Section 8-36 Recommended Action Presentation of the trophies and goody-bags to the county-wide poster contest winners by Commissioners The 2012 Fire Prevention Month poster contest winners are Kindergarten Aiden Hendrix Shady Hill Elementary Grade 1 Aubrey Brand Ward Highlands Elementary Grade 2 Megan Griggs Madison Street Academy Grade 3 Emily Keo Wyomina Park Elementary Grade 4 Caroline Merriman Dr NH Jones Elementary Grade 5 River Thompson Wyomina Park Elementary

Projects amp Programs - (1C) - Commissioner Zalak on behalf of the Board of County Commissioners (BCC) thanked Major George Patterson Salvation Army for the work performed throughout the community He stated Marion County was excited about continuing its support for the Salvation Army Kettle Drive as well as the Thanksgiving Turkey Drive Commissioner Zalak requested citizens support the organizations Christmas Turkey Drive for those in need throughout the community

Major Patterson thanked Marion County for its generous support and provided an overview of the organizations upcoming events

County EmployeesProjects amp Programs - (18) - Human Resources amp Benefit Services Director Drew Adams presented the following recommendation upon being awarded and recognized as a Fit-Friendly Worksite by the American Heart Association

DescriptionBackground Marion County Board of County Commissioners is being awarded and recognized as a Fit-Friendly Worksite by the American Heart Associations My Heart My Life initiative The Fit-Friendly program is intended to be a catalyst for positive change in the workplace across America and right here in Marion County It recognizes worksites for making the health and wellness of their employees a priority The Marion County Health Happens well ness program implemented this past year through Risk and Benefit Services encourages healthy eating physical

Page 298 Book R

November 202012

activity and a healthy emotionally balanced lifestyle for employees Marion Countys Wellness Coordinator Lisa Dunham is responsible for the programs overall success and for championing the American Heart Association Fit Friendly Worksite application process BudgetImpact None Recommended Action Accept presentation and award from American Heart Association Risk and Benefit Services Manager Sheri Wiley provided a brief overview of the

Fit-Friendly program and thanked Marion Countys Wellness Coordinator Lisa Dunham for her efforts in implementing the program

Stacy McDonough American Heart Association Regional Director presented the BCC with the American Heart Associations Fit-Friendly Worksites Gold Seal and advised that the award was based on an organizations commitment to proactive employee wellness She noted Marion County was one of only six organizations within the County to receive the recognition

Projects amp Programs - (2A1) - Roger Knechtel SE 9yth Terrace Road Summerfield addressed the Board in regard to a decrease in the unemployment rate for Marion County and commended formerCommissioner Mike Amsden for his efforts He commented on the Marion County Citizens Academy and thanked Executive Administrative Manager Jeannie Rickman Office of Strategic Services for her efforts with that program

Minutes - (3A through C) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt the meeting minutes of October 16 23 and November 12012 The motion was unanimously approved by the Board (5-0)

GrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Certificate of Acceptance of Subgrant Award No 2013-JAGC-MARI-4-D7-237 with the State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement (FDLE) awarding an Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $10000 for the Marion County DUI Court covering the period of October 1 2012 through September 30 2013 It was noted that matching fund were not required The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff - (4B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve and execute the Equitable Sharing Agreement and Certification Report to be electronically submitted to the Department of Justice and the Department of Treasury as requested by Sheriff Dean Marion County Sheriffs Office (MCSO) It was noted that the total amount received under the Federal Equitable Sharing Agreement during fiscal year (FY) 2011-2012 was $191481 and earned interest in the amount of $48953 was accumulated during the year The motion was unanimously approved by the Board (5-0)

Projects amp ProgramsResolutionsSheriff - (4C) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-Rshy520 approving the Marion County Comprehensive Emergency Management Plan

Book R Page 299

November 20 2012

(CEMP) to be electronically submitted to the Florida Division of Emergency Management (FDEM) in accordance with Rule 27P-6006(10) Florida Administrative Code (FAC) The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 12) - Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted the following Buqget Amendment Resolutions as presented by Clerk Ellspermann

1 12-R-521 transferring $1226340 within the Local Housing Assistance Trust Fund for the State Housing Initiative Partnership Act

2 12-R-522 transferring $68233 within the Silver Springs Shores Special Tax District - Reserve for Cash to be Carried Forward

3 12-R-523 transferring $28000 within the General Fund for Industry Development

4 12-R-524 transferring $176334 within the General Fund for the Sheriffs Department - Jail

5 12-R-525 transferring $1250 within the General Fund for the Sheriffs Department - Emergency Management

6 12-R-526 transferring $2077 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

7 12-R-527 transferring $5911 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

8 12-R-528 transferring $20000 within the General Fund for the Animal Services Department

9 12-R-529 transferring $175678 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

10 12-R-530 transferring $138073 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

11 12-R-531 transferring $649653 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

12 12-R-532 transferring $41000 within the General Fund for Clerk to County Commission

(Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigative Division)

Clerk - (5B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve the request by Clerk Ellspermann to dispose of records held by Marion County agencies in accordance with record retention schedule (GS1-SL) as approved by the State of Florida Bureau of Archives amp Records Management Section 2831 Florida Statutes The motion was unanimously approved by the Board (5-0)

BudgetsMunicipalities - (5C) - Clerk Ellspermann presented copies of letters from the Cities of Dunnellon and Ocala requesting payment of Tax Increment Financing District (TIFD) Funds

Letters were received from Dunnellon Finance Officer Jan Smith requesting payment of $4257292 and from Ocala Deputy Director Cindy Kelley requesting payment of $19185006

In response to Commissioner Zalak Clerk Ellspermann advised that if there was

Page 300 Book R

November 20 2012

an increase in the assessment of property values received from the Property Appraisers Office for specific taxing districts then the monies collected by Marion County were returned to that district

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve payments to the Cities of Dunnellon and Ocala The motion was unanimously approved by the Board (S-O)

ClerkCommissionersResolutions - (SD) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to ratify adoption of Resolution 12-R-S19 providing SunTrust Bank as the Countys designated depository with facsimile signatures of Chairman Bryant and Clerk Ellspermann The motion was unanimously approved by the Board (S-O)

BudgetsBuildings amp GroundsClerk - (SE) - Clerk Ellspermann presented a memo dated November 20 2012 regarding the summary of the unaudited fiscal year (FY) 2011-12 excess funds retumed to the Board of County Commissioners by Constitutional Officers as follows

The following is a summary of the unaudited 2011-2012 excess funds retumed to the Board of Count Commissioners b the Constitutional Officers

Constitutional

Officer

Funds Returned

Excess

Budget

Excess

Fees

Total Amount

Returned

Clerk of the Circuit Court

Property Appraiser

Sheriff

Regular

Bailiff

Jail

Emergency Management MSTU

Total Sheriff

Supervisor of Elections

Tax Collelttor

Total All Officers

$

$

$

$

$

$

$

28453733

27995703

52100793

3303826

99163722

20420215 255532981

430521537

59179

30535337

517565489

$

$ 546380

=-$____

11554

$

$

$

$

28544888

28569722

52100793

3303826

99163722

20420215 32981

605559

Clerk Ellspermann advised that the carry-forward amount was $S 18777043 and included funding from grant commitments restricted funds and subsequent year budgets He stated no motion was necessary to accept the fiscal year 2011-2012 excess unaudited funds returned to the Board of County Commissioners by Constitutional Officers

Book R Page 301

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 3: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

activity and a healthy emotionally balanced lifestyle for employees Marion Countys Wellness Coordinator Lisa Dunham is responsible for the programs overall success and for championing the American Heart Association Fit Friendly Worksite application process BudgetImpact None Recommended Action Accept presentation and award from American Heart Association Risk and Benefit Services Manager Sheri Wiley provided a brief overview of the

Fit-Friendly program and thanked Marion Countys Wellness Coordinator Lisa Dunham for her efforts in implementing the program

Stacy McDonough American Heart Association Regional Director presented the BCC with the American Heart Associations Fit-Friendly Worksites Gold Seal and advised that the award was based on an organizations commitment to proactive employee wellness She noted Marion County was one of only six organizations within the County to receive the recognition

Projects amp Programs - (2A1) - Roger Knechtel SE 9yth Terrace Road Summerfield addressed the Board in regard to a decrease in the unemployment rate for Marion County and commended formerCommissioner Mike Amsden for his efforts He commented on the Marion County Citizens Academy and thanked Executive Administrative Manager Jeannie Rickman Office of Strategic Services for her efforts with that program

Minutes - (3A through C) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt the meeting minutes of October 16 23 and November 12012 The motion was unanimously approved by the Board (5-0)

GrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Certificate of Acceptance of Subgrant Award No 2013-JAGC-MARI-4-D7-237 with the State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement (FDLE) awarding an Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $10000 for the Marion County DUI Court covering the period of October 1 2012 through September 30 2013 It was noted that matching fund were not required The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff - (4B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve and execute the Equitable Sharing Agreement and Certification Report to be electronically submitted to the Department of Justice and the Department of Treasury as requested by Sheriff Dean Marion County Sheriffs Office (MCSO) It was noted that the total amount received under the Federal Equitable Sharing Agreement during fiscal year (FY) 2011-2012 was $191481 and earned interest in the amount of $48953 was accumulated during the year The motion was unanimously approved by the Board (5-0)

Projects amp ProgramsResolutionsSheriff - (4C) - A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-Rshy520 approving the Marion County Comprehensive Emergency Management Plan

Book R Page 299

November 20 2012

(CEMP) to be electronically submitted to the Florida Division of Emergency Management (FDEM) in accordance with Rule 27P-6006(10) Florida Administrative Code (FAC) The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 12) - Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted the following Buqget Amendment Resolutions as presented by Clerk Ellspermann

1 12-R-521 transferring $1226340 within the Local Housing Assistance Trust Fund for the State Housing Initiative Partnership Act

2 12-R-522 transferring $68233 within the Silver Springs Shores Special Tax District - Reserve for Cash to be Carried Forward

3 12-R-523 transferring $28000 within the General Fund for Industry Development

4 12-R-524 transferring $176334 within the General Fund for the Sheriffs Department - Jail

5 12-R-525 transferring $1250 within the General Fund for the Sheriffs Department - Emergency Management

6 12-R-526 transferring $2077 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

7 12-R-527 transferring $5911 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

8 12-R-528 transferring $20000 within the General Fund for the Animal Services Department

9 12-R-529 transferring $175678 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

10 12-R-530 transferring $138073 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

11 12-R-531 transferring $649653 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

12 12-R-532 transferring $41000 within the General Fund for Clerk to County Commission

(Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigative Division)

Clerk - (5B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve the request by Clerk Ellspermann to dispose of records held by Marion County agencies in accordance with record retention schedule (GS1-SL) as approved by the State of Florida Bureau of Archives amp Records Management Section 2831 Florida Statutes The motion was unanimously approved by the Board (5-0)

BudgetsMunicipalities - (5C) - Clerk Ellspermann presented copies of letters from the Cities of Dunnellon and Ocala requesting payment of Tax Increment Financing District (TIFD) Funds

Letters were received from Dunnellon Finance Officer Jan Smith requesting payment of $4257292 and from Ocala Deputy Director Cindy Kelley requesting payment of $19185006

In response to Commissioner Zalak Clerk Ellspermann advised that if there was

Page 300 Book R

November 20 2012

an increase in the assessment of property values received from the Property Appraisers Office for specific taxing districts then the monies collected by Marion County were returned to that district

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve payments to the Cities of Dunnellon and Ocala The motion was unanimously approved by the Board (S-O)

ClerkCommissionersResolutions - (SD) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to ratify adoption of Resolution 12-R-S19 providing SunTrust Bank as the Countys designated depository with facsimile signatures of Chairman Bryant and Clerk Ellspermann The motion was unanimously approved by the Board (S-O)

BudgetsBuildings amp GroundsClerk - (SE) - Clerk Ellspermann presented a memo dated November 20 2012 regarding the summary of the unaudited fiscal year (FY) 2011-12 excess funds retumed to the Board of County Commissioners by Constitutional Officers as follows

The following is a summary of the unaudited 2011-2012 excess funds retumed to the Board of Count Commissioners b the Constitutional Officers

Constitutional

Officer

Funds Returned

Excess

Budget

Excess

Fees

Total Amount

Returned

Clerk of the Circuit Court

Property Appraiser

Sheriff

Regular

Bailiff

Jail

Emergency Management MSTU

Total Sheriff

Supervisor of Elections

Tax Collelttor

Total All Officers

$

$

$

$

$

$

$

28453733

27995703

52100793

3303826

99163722

20420215 255532981

430521537

59179

30535337

517565489

$

$ 546380

=-$____

11554

$

$

$

$

28544888

28569722

52100793

3303826

99163722

20420215 32981

605559

Clerk Ellspermann advised that the carry-forward amount was $S 18777043 and included funding from grant commitments restricted funds and subsequent year budgets He stated no motion was necessary to accept the fiscal year 2011-2012 excess unaudited funds returned to the Board of County Commissioners by Constitutional Officers

Book R Page 301

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 4: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

(CEMP) to be electronically submitted to the Florida Division of Emergency Management (FDEM) in accordance with Rule 27P-6006(10) Florida Administrative Code (FAC) The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 12) - Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted the following Buqget Amendment Resolutions as presented by Clerk Ellspermann

1 12-R-521 transferring $1226340 within the Local Housing Assistance Trust Fund for the State Housing Initiative Partnership Act

2 12-R-522 transferring $68233 within the Silver Springs Shores Special Tax District - Reserve for Cash to be Carried Forward

3 12-R-523 transferring $28000 within the General Fund for Industry Development

4 12-R-524 transferring $176334 within the General Fund for the Sheriffs Department - Jail

5 12-R-525 transferring $1250 within the General Fund for the Sheriffs Department - Emergency Management

6 12-R-526 transferring $2077 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

7 12-R-527 transferring $5911 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

8 12-R-528 transferring $20000 within the General Fund for the Animal Services Department

9 12-R-529 transferring $175678 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

10 12-R-530 transferring $138073 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

11 12-R-531 transferring $649653 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

12 12-R-532 transferring $41000 within the General Fund for Clerk to County Commission

(Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigative Division)

Clerk - (5B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve the request by Clerk Ellspermann to dispose of records held by Marion County agencies in accordance with record retention schedule (GS1-SL) as approved by the State of Florida Bureau of Archives amp Records Management Section 2831 Florida Statutes The motion was unanimously approved by the Board (5-0)

BudgetsMunicipalities - (5C) - Clerk Ellspermann presented copies of letters from the Cities of Dunnellon and Ocala requesting payment of Tax Increment Financing District (TIFD) Funds

Letters were received from Dunnellon Finance Officer Jan Smith requesting payment of $4257292 and from Ocala Deputy Director Cindy Kelley requesting payment of $19185006

In response to Commissioner Zalak Clerk Ellspermann advised that if there was

Page 300 Book R

November 20 2012

an increase in the assessment of property values received from the Property Appraisers Office for specific taxing districts then the monies collected by Marion County were returned to that district

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve payments to the Cities of Dunnellon and Ocala The motion was unanimously approved by the Board (S-O)

ClerkCommissionersResolutions - (SD) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to ratify adoption of Resolution 12-R-S19 providing SunTrust Bank as the Countys designated depository with facsimile signatures of Chairman Bryant and Clerk Ellspermann The motion was unanimously approved by the Board (S-O)

BudgetsBuildings amp GroundsClerk - (SE) - Clerk Ellspermann presented a memo dated November 20 2012 regarding the summary of the unaudited fiscal year (FY) 2011-12 excess funds retumed to the Board of County Commissioners by Constitutional Officers as follows

The following is a summary of the unaudited 2011-2012 excess funds retumed to the Board of Count Commissioners b the Constitutional Officers

Constitutional

Officer

Funds Returned

Excess

Budget

Excess

Fees

Total Amount

Returned

Clerk of the Circuit Court

Property Appraiser

Sheriff

Regular

Bailiff

Jail

Emergency Management MSTU

Total Sheriff

Supervisor of Elections

Tax Collelttor

Total All Officers

$

$

$

$

$

$

$

28453733

27995703

52100793

3303826

99163722

20420215 255532981

430521537

59179

30535337

517565489

$

$ 546380

=-$____

11554

$

$

$

$

28544888

28569722

52100793

3303826

99163722

20420215 32981

605559

Clerk Ellspermann advised that the carry-forward amount was $S 18777043 and included funding from grant commitments restricted funds and subsequent year budgets He stated no motion was necessary to accept the fiscal year 2011-2012 excess unaudited funds returned to the Board of County Commissioners by Constitutional Officers

Book R Page 301

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 5: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

an increase in the assessment of property values received from the Property Appraisers Office for specific taxing districts then the monies collected by Marion County were returned to that district

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve payments to the Cities of Dunnellon and Ocala The motion was unanimously approved by the Board (S-O)

ClerkCommissionersResolutions - (SD) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to ratify adoption of Resolution 12-R-S19 providing SunTrust Bank as the Countys designated depository with facsimile signatures of Chairman Bryant and Clerk Ellspermann The motion was unanimously approved by the Board (S-O)

BudgetsBuildings amp GroundsClerk - (SE) - Clerk Ellspermann presented a memo dated November 20 2012 regarding the summary of the unaudited fiscal year (FY) 2011-12 excess funds retumed to the Board of County Commissioners by Constitutional Officers as follows

The following is a summary of the unaudited 2011-2012 excess funds retumed to the Board of Count Commissioners b the Constitutional Officers

Constitutional

Officer

Funds Returned

Excess

Budget

Excess

Fees

Total Amount

Returned

Clerk of the Circuit Court

Property Appraiser

Sheriff

Regular

Bailiff

Jail

Emergency Management MSTU

Total Sheriff

Supervisor of Elections

Tax Collelttor

Total All Officers

$

$

$

$

$

$

$

28453733

27995703

52100793

3303826

99163722

20420215 255532981

430521537

59179

30535337

517565489

$

$ 546380

=-$____

11554

$

$

$

$

28544888

28569722

52100793

3303826

99163722

20420215 32981

605559

Clerk Ellspermann advised that the carry-forward amount was $S 18777043 and included funding from grant commitments restricted funds and subsequent year budgets He stated no motion was necessary to accept the fiscal year 2011-2012 excess unaudited funds returned to the Board of County Commissioners by Constitutional Officers

Book R Page 301

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 6: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

BudgetsResolutions - (5F1 through 25) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Budget Amendment Resolutions to the prior (2011-12) fiscal year budget as provided for in Florida Statute Section 12906 and presented by the Clerk It was noted that the amendments did not require additional taxes or revenues The motion was unanimously approved by the Board (5-0) The motion adopted the following Budget Amendment Resolutions

1 12-R-533 transferring $575084 within the General Fund for the Supervisor of Elections

2 12-R-534 transferring $195223 within the Series 2003A Debt Service Fund for Series 2003A

3 12-R-535 transferring $6133 within the Series 2003B Debt Service Fund for Series 2003B

4 12-R-536 transferring $51853 within the Series 2004A Debt Service Fund for Series 2004

5 12-R-537 transferring $34387 within the Series 2004B Debt Service Fund for Series 2004B

6 12-R-538 transferring $30900 within the Series 2004C Debt Service Fund for Series 2004C

7 12-R-539 transferring $186597 within the Series 2005A Debt Service Fund for Series 2005A

8 12-R-540 transferring $96706 within the Series 2006A Debt Service Fund for Series 2006A

9 12-R-541 transferring $145408 within the Series 2007A Debt Service Fund for Series 2007 A

10 12-R-542 transferring $119032 within the Series 2007B Debt Service Fund for Series 2007B

11 12-R-543 transferring $233783 within the Series 2008A Debt Service Fund for Series 2008A

12 12-R-544 transferring $171356 within the Series 2008B Debt Service Fund for Series 2008B

13 12-R-545 transferring $145924 within the Series 2009A Debt Service Fund for Series 2009A

14 12-R-546 transferring $86176 within the Series 2010A Debt Service Fund for Series 2010A

15 12-R-547 transferring $71410 within the Series 2011A Debt Service Fund for Series 2011A

16 12-R-548 transferring $264993 within the Series 2007B Capital Projects Fund - for Improvements 2007B

17 12-R-549 transferring $71689 within the Series 2008B Capital Projects Fund - for Improvements 2008B

18 12-R-550 transferring $305391 within the Series 2013A Capital Projects Fund - for Improvements 2013A

19 12-R-551 transferring $31944 within the Series 2009A Capital Projects Fund - for Improvements 2009A

20 12-R-552 transferring $4995 within the Series 2011A Capital Projects Fund - for Improvements 2011A

Page 302 Book R

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 7: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

21 12-R-553 transferring $132746 within the General Fund for the Tax Collector

22 12-R-554 transferring $1507975 within the General Fund for Legislative 23 12-R-555 transferring $4129 within the County Transportation

Maintenance Fund for Road amp Street Facilities 24 12-R-556 transferring $348263 within the Public Improvement Debt

Service Fund for Finance amp Administrative 25 12-R-557 transferring $305391 within the County Transportation

Maintenance Fund for Transportation

BudgetsClerk - (5G) - Clerk Ellspermann presented recommendation of Finance Director John Garri regarding the use of a portion of the Clerk excess funds returned to upgrade finance software and add payroll to imaging system at a total cost of $41000 ($36000 Finance Plus upgrade and $5000 for payroll imaging)

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve utilization of Clerk excess funds returned to upgrade Finance software and add payroll to imaging system The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-on) - County Administrator Niblock presented the following recommendation regarding a proposed Resolution providing for a one-time loyalty incentive for employees

DescriptionBackground It is the desire of the Marion County Board of County Commissioners to provide a one-time Loyalty Incentive to express encouragement to county employees to continue their dedication hard work and ongoing service The Board recognizes its employees as the most professional and qualified group of employees dedicated to serving all citizens of Marion County Marion County has seen declining budgets reduced revenues and reduction in staffing levels however our dedicated employees continue to exceed expectations by doing more with less This is a way to recognize the efficiencies and efforts produced by the employees in implementing cost saving measures throughout county government This one-time loyalty incentive is being made available to employees as outlined in the attached resolution BudgeUlmpact $756026 as outlined in the attached financial breakdown Recommended Action Motion for Board approval of the attached resolution providing a one-time loyalty incentive for county employees Clerk Ellspermann advised that the County Administrator worked jointly with local

Constitutional Officers to bring forward the request County Administrator Niblock stated the request was a direct reflection of loyal

employees who had continued to do more with less by working within the budget noting the monies would come from carry-forward dollars He reiterated it would be a one-time incentive payment to full time and part-time employees

Clerk Ellspermann noted that representatives from all Constitutional Offices were present in support of the recommendation He requested that if the Board approved the Resolution the motion also include approval of the Budget Amendment Resolutions that would disperse the appropriate funds to each department

In response to Commissioner McClain Clerk Ellspermann stated the payment to employees would coincide with the first payroll check in December

Book R Page 303

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 8: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

A motion was made by Commissioner McClain seconded by Commissioner Zalak to adopt Resolution 12-R-558 with direction to place the matter as an agenda item on the December 42012 Consent Agenda

Clerk Ellspermann clarified that the direction was to place the matter on the next Consent Agenda after the Budget Amendments were executed by the Chairman Commissioner McClain stated that was correct He thanked staff for their hard work and efforts to help the community

Chairman Bryant commended the Constitutional Officers for making the appropriate budget adjustments in order for the Board to receive turn back funds She expressed gratitude to staff and hoped the incentive payment would help them during the upcoming holidays

Clerk Ellspermann advised that approval would be needed to allocate monies to the appropriate funds for disbursement

Commissioner McClain expressed concern that the request was presented as a walk-on item noting he was in favor of approving the incentive payment however he would be more comfortable if the matter was presented (for informational purposes only) as a regular agenda item at the next BCC meeting

Clerk Ellspermann stated he could withdraw the request and bring the matter back on the next agenda

General discussion ensued Commissioner McClain clarified that his motion was to approve the Resolution

and allow the transferring of funds to the appropriate budgets The motion was unanimously approved by the Board (5-0) Resolution 12-R-558

was entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA PROVIDING A LOYALTY INCENTIVE FOR EMPLOYEES AND PROVIDING AN EFFECTIVE DATE (Ed Note This matter was again discussed later in the meeting)

Upon motion of Commissioner Zalak seconded by Commissioner McClain the Board acted on the Consent Agenda for Economic and Small Business Development item 7A1 Facilities Management item 7B1 Fire-Rescue item 7C1 Growth Management items 7D1 and 2 Human Resources item 7E1 MSTU items 7F1 and 2 Procurement Services items 7G1 through 8 Transportation - County Engineer items 7H1through 7 and Utilities item 711 as follows

GrantsProjects amp ProgramsResolutions - (7A1) - Accepted the following recommendation from Assistant County Administrator of Public and Administrative Services Bill Kauffman on behalf of the Office of Economic and Small Business Development to adopt Resolution 12-R-579 repealing Resolution 10-R-255 between Ewers Technology LLC dba (doing business as) Fire Programs Software LLC and Marion County terminating the Economic Development Financial Incentive Grant (EDFIG) Contract Agreement dated July 72010 between the two parties

DescriptionBackground Recently the County received a letter from the President of FirePrograms Software LLC requesting that Marion County rescind an earlier Economic Development Financial Incentive Grant (EDFIG) awarded to the company on July 7 2010 The company succeeded in relocating its facility and 13 full-time employees from Citrus County Florida to a new facility located

Page 304 Book R

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 9: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

near the Ocala International Airport in 2010 However due to the prolonged weakened municipal market and the national economy the company has been unable to achieve the original employment projections of 28 new to Marion County jobs required in the contract agreement between the company and Marion County Approval of this Resolution will repeal the original Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010 The $28000 EDFIG grant awarded to FirePrograms Software LLC was designed to support the creation of 28 new to Marion County jobs by the company Upon repeal of the original resolution the obligated funds will be transferred back to the EDFIG fund for future re-allocation BudgetImpact $28000 in previously obligated funds returned to the EDFIG Grant account 001-1020-581317 Recommended Action Motion for Board approval to repeal Resolution 10-R-255 dated June 15 2010 and the related EDFIG Contract Agreement between Ewers Technology LLC dba Fire Programs Software LLC of Ocala Florida and Marion County dated July 7 2010

Refunds - (7B1) - Accepted the following recommendation from Facilities Management Director Andy Race to approve and execute the Application for Refund and authorize payment of $124032 to Commercial Metals Company for check erroneously issued to Facilities Management that should have been paid to Marion Correctional Institute

DescriptionBackground Commercial Metals Company mistakenly issued check to Marion County Facilities for recycled metals Per Commercial Metals Company the check should have been issued to Marion Correctional Institute and they are requesting refund to correct error Vendor provided documentation BudgetImpact $124032 refunded from 001-36992010 to Commercial Metals Company Recommended Action Request motion to approve attached Refund Application and authorize Chair and Clerk to execute same

GrantsProjects amp ProgramsResolutions - (7C1) - Accepted the following recommendation from Assistant County Administrator of Public Safety McElhaney on behalf of MCFR to adopt Resolution 12-R-580 authorizing submission of an application to the State of Florida Department of Health Bureau of Emergency Medical Services (EMS) and execution of the EMS Grant Application

DescriptionBackground Each year the Marion County Board of County Commissioners is eligible to receive funding from the Florida Department of Health Bureau of Emergency Medical Services to improve emergency medical services in Marion County Funds for this program are derived from surcharges on the fines for various traffic violations pursuant to Chapter 401 Part II Florida Statutes Florida counties forward the surcharges for deposit into the State EMS Trust Fund the sole source of funds for all the state EMS grant programs No funds are obtained from any tax levied upon the general public or from federal funds and no matching funds are required

Book R Page 305

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 10: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Annually Counties are eligible to receive 45 of its EMS Trust Fund deposits Funds are awarded via the EMS County Award Grant Application process to each eligible countys Board of County Commissioners in proportion to each countys contribution On-going costs for EMS and replacement of equipment cannot be funded under this grant program Projects funded with EMS County Grant Funds are limited to improving and expanding pre-hospital EMS in Marion County pursuant to Chapter 401 This year staff is requesting use of the County Awards Grant to purchase replacement In Motion boxes which were purchased by the former transport provider EMSA Purchasing the equipment will allow the agency to continue to provide quality prehospital emergency medical treatment to the citizens and visitors of Marion County BudgeUlmpact Budget Neutral revenue $43622 Recommended Action Motion to allow the Chairman to sign the attached application and resolution for the EMS County Awards Grant

Advisory CommitteesOrdinances - (701) - Accepted the following recommendation from Acting Growth Services Director James Couillard on behalf of Code Enforcement to approve and execute the Partial Release of Lien on Parcel No 4089-159-000 only regarding Code Enforcement Case No 435380JB It was noted that the lien against all real and personal property of Lanny H Lambert shall remain in full force and effect

DescriptionBackground The unsafe structure located at 15290 SW 90th Ave reference case 435380 IB has been removed at the County expense pursuant to a violation notice dated January 25 2005 and a Certification and Claim of Lien was notarized on November 292005 and recorded on December 22005 The Property was sold at Tax Deed Sale and the new owner was unaware of the lien attached The new owner Mr Steven Colley is requesting a Partial Release of Lien releasing parcel 4089-159-000 to him but leaving the Claim of Lien against the previous owner Mr Lanny H Lambert As of November 202012 the total amount due is $1055002 BudgeUlmpact None Recommended Action Motion to Approve the Partial Release of Lien for Case No 435380 lB

Advisory CommitteesOrdinances - (702) - Accepted the following recommendation from Acting Growth Services Director Couillard on behalf of Code Enforcement to approve and execute the Rescission and Release of Lien against Southern Property Management LLC regarding Code Enforcement Case No 654057

DescriptionBackground On September 22 2010 an Order of the Marion County Code Enforcement Board was entered for the violation of 2007 Florida Building Code 1051 and Marion County Code Chapter 55 Article II Sections 55-31 (a) and (b) and 55-35(b) permit required by building without permits on real property located at 12203 NW 35th Street Ocala Marion County Florida The Order imposed a fine of $5000 per day beginning on September 172010 to a maximum of $300000 On March 4 2011 Southern Property Mgmt LLC filed Suggestion of Bankruptcy in association to complaint of Contract amp Indebtedness court case 10-4279

Page 306 Book R

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 11: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

(Chapter 7) On June 8 2012 a trustees deed was recorded transferring ownership of the property to ROADWAY HOLDING INC On August 10 2012 the Code Enforcement Board Secretary received a Request to Appear from Edward G Milgrim PA at the October 10 2012 Code Enforcement Board hearing for a rescission and release of lien on case no 654057 RH2 On October 10 2012 the Code Enforcement Board created an Order which stated that the Prior Order dated September 29 2010 the Board recommends to the Marion County Board of County Commissioners that the Prior Order should be amended to rescind the fine as levied upon Southern Property Mgmt LLC in its entirety once the violation is cleared and the property is in compliance On October 29 2012 Code Enforcement officer Robin Hough re-inspected the property and found the violation was cleared and filed an affidavit of compliance and the case has been forwarded to the Board of County Commissioners for approval BudgetImpact None Recommended Action Motion to Approve the Rescission and Release of Lien for Case No 654057 RH2

County EmployeesResolutions (7E1) - Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 12shyR-581 deleting one (1) Grounds Maintenance Technician position and reclassifying one (1) Recreation Aide position to a new position of General Maintenance TechnicianLifeguard and reclassifying the position of Recreation Monitor to Recreation Leader 1 within the Silver Springs Shores Municipal Service Taxing Unit (MSTU) Department

DescriptionBackground The MSTU Director requests the Deletion of One (1) Buildings and Grounds Technician Position Pay Grade 5 the reclassification of One (1) Recreation Aide Pay Grade 1 to a new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the Position of Recreation Monitor Pay Grade 1 to the position of Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department During the annual Budget Workshops in July 2012 the MSTU Director was given direction to reduce the Silver Spring Shores MSTU budget due to reductions in revenue We respectfully request your review and approval of the attached resolution and new job description included as Exhibit A Budget Impact Approval of this request will result in savings of $3275336 Recommended Action Board motion to approve the attached resolution deleting one (1) Grounds Maintenance Technician Position Pay Grade 5 the reclassification of one (1) Recreation Aide Pay Grade 1 to the new position of General Maintenance TechnicianLifeguard Pay Grade 5 and the Reclassification of the position of Recreation Monitor Pay Grade 1 to Recreation Leader 1 Pay Grade 4 in the Silver Springs Shores MSTU Department as set forth in Exhibit A

DrainageRoadsSubdivisions (7F1) Accepted the following recommendation from MSTU Director Myra Tedder to accept petitions and place the Carriage Hills Subdivision on the road assessment list for future road and drainage

Book R Page 307

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 12: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

improvements DescriptionBackground The Carriage Hill property owners requested that the MSTUAssessment Department forward petitions to affected property owners to determine if the property owners within this area wished to have road improvements and the installation of Miami curbing per the property owners request using the road assessment process The petition process was completed the first time on June 22 2012 The first petition failed The property owners requested a second petition The second petition process was completed October 23 2012 The petitions were sent by certified mainreturn receipt and tabulated by the Internal Auditor for the Marion County Clerk of the Circuit Court The following represents a tabulation of the petitions

TOTAL PROPERTY OWNERS 55 TOTAL OWNERS RESPONDING TIMELY 34 TOTAL OWNERS RESPONDING IN FAVOR 24 TOTAL OWNERS RESPONDING NOT IN FAVOR 10 TOTAL PERCENTAGE IN FAVOR 706

BudgeUlmpact All costs associated with the proposed road assessment shall be borne by the affected property owners Recommended Action Motion to accept the petitions and place Carriage Hills Subdivision on the road assessment list for future road and drainage improvements

Contracts amp AgreementsRoadsSubdivisions - (7F2) - Accepted the following recommendation from MSTU Director Myra Tedder to approve and execute the Promissory Note and Individual Guaranty Agreement with Counts Construction Co Inc and Glenn D Counts

DescriptionBackground In 2010 the Silver Springs Shores MSBU for Road Improvements project was bid and Counts Construction Co Inc was the low bidder for this project From June 1 2010 to April 4 2012 asphalt overlay improvement services were provided and at least two (2) additional purchase orders were created as funds were collected on the property tax bills The work was satisfactorily completed on time within budget and Counts Construction Co Inc was timely paid for the work completed However because the Silver Springs Shores MSBU for road improvements was an on-going project with work added as revenues were collected the total amount of the retainage during this time was not caught in the system and Counts Construction Co Inc was overpaid $6578415 this amount must be paid back to the County Mr Counts has agreed both professionally and personally to guarantee payment of the overpaid amount in equal monthly payments in the amount of $500000 with the first payment due on November 25 2012 and the final one due on September 25 2013 as documented in the attached promissory note BudgeUlmpact Revenue of $6578415 Recommended Action Motion to approve the attached promissory note from Counts Construction Co Inc and authorize the Chair and Clerk to execute same

Page 308 Book R

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 13: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

Contracts amp AgreementsRights of Way - (7G1) - Accepted recommendation of Procurement Services Director Susan Olsen on behalf of the Office of the County Engineer (OCE) to approve and execute the Agreement Between County and Contractor upon approval by Legal with the following a) Ciraco Underground Inc b) Croft Contracting Inc c) John L Finch Contracting Corp d) Magnum Construction Solutions LLC e) Papy Brothers Inc f) Pospiech Contracting Inc and g) Rainey Construction Co as qualified contractors for miscellaneous road right-of-way drainage and related work engineering services pursuant to Request for Qualifications (RFQ) No 13Q-019 It was noted that the approval carried no immediate expense as fees would be determined when Task Orders were assigned and those exceedillg $50000 would be brought back before the Board for review and approval as separate project amendments

Contracts amp AgreementsUtilities - (7G2) - Accepted recommendation of Procurement Services Director Olsen on behalf of Marion County Utilities (MCU) to approve and execute the First Amendment to the Agreement upon approval by Legal with a) A-Able Septic and b) American Pipe amp Tank for Utilities Waste Water Treatment Plant (WWTP) bio-solids handling and disposal with an annual estimated cost of less than $217500 pursuant to Bid No 09B-142

Contracts amp AgreementsRoadsSubdivisions (7G3) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Second Amendment to the Agreement upon approval by Legal with DAB Constructors Inc (Contractor) for the 2011 Marion Oaks Municipal Services Benefit Unit (MSBU) Road Overlay Program not to exceed $743927 pursuant to Bid No 11 B-049

Contracts amp AgreementsDrainageSubdivisions - (7G4) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Commercial Industrial Corporation for the Ocala Highlands Estates Stormwater Retrofit Project with an estimated cost of $12859765 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-033

Contracts amp AgreementsDrainageRoads - (7G5) - Accepted recommendation of Procurement Services Director Olsen on behalf of the County Engineer to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon

52ndapproval by Legal with Commercial Industrial Corporation for the SE Street Stormwater Retrofit Project at an estimated cost of $18075901 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-043

Contracts amp AgreementsRoadsSubdivisions (7G6) Accepted recommendation of Procurement Services Director Olsen on behalf of the MSTUAssessment Department to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Art Walker Construction Inc for the Combined Road Improvement Program - Countryside Estates Southeast (SE) and Fort King (Ft King) Forest at an estimated cost of $301655 (up to a 10 contingency may be added to the Purchase Order) pursuant to Bid No 13B-025

Book R Page 309

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 14: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

Contracts amp AgreementsRoads - (7G7) - Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement upon approval b~ Legal with Guerra Development Corp (Engineer) for Post Design for the NW 35th49t Street Roadway Improvements - Phases 1A amp 1 B project (from NW 35th Avenue to North US Highway 441) at a cost not to exceed $225250 pursuant to RFO No 060-098

Contracts amp AgreementsProjects amp Programs - (7G8) - The Board considered the recommendation of Procurement Services Director Olsen in regard to the Second Amendment to the Agreement with GOLD amp Associates Inc (Agency) for advertising services not to exceed $25530 (covers the service fees for the extension of the contract) pursuant to Request for Proposals (RFP) No 11 P-193

Chairman Bryant clarified that the funding request was for advertising services for the Tourist Development Council (TDC)

In response to Commissioner McClain Mr Niblock stated this would be the last request to extend the contract noting a new solicitation was currently being advertised

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and execute the Second Amendment to the Agreement upon approval by Legal with GOLD amp Associates Inc The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDeeds (7H1) Accepted the following recommendation from County Engineer Mounir Bouyounes Office of the County Engineer to approve and execute the Deed to Old Avenue Investments LLC an adjacent property owner along with the Sale and Purchase Agreement with same regarding Parcel No 2313-002-074

DescriptionBackground This is a request to declare Parcel 2313-002-074 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Old Avenue Investments LLC This 017 acre parcel was acquired by Marion County in 2003 for the NW 60th Avenue Road Project and is no longer needed for County use Our department has notified all adjacent owners by certified mail calling for bids with only one responding The bidder chose to place a bid as an adjacent owner in order to combine the parcel with his own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The current Assessed Value is $1800 and the bid amount is $1500 Staff recommends approval of this Bid Budget Impact Revenue of $1500 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 2313shy002-074 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDeeds (7H2) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the Deed to Dean E Hamilton and Latalia N Robinson adjacent property owners along with the Sale and Purchase Agreement with same regarding Parcel No 1814-021-027

Page 310 Book R

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 15: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

DescriptionBackground This is a request to declare Parcel 1814-021-027 as surplus and approve the attached Sale and Purchase Agreement and FS 125 Deed between Marion County and Dean E Hamilton amp Latalia N Robinson This 024 acre parcel was acquired as a Tax Deed in 2004 and is not needed for County use Our department has notified all adjacent owners by certified mail calling for bids and this was the higher of the two (2) that responded The bidder chose to place a bid as an adjacent owner in order to combine the parcel with their own prohibiting it from being utilized as an individual parcel for residential construction in the future and making it of use to only an adjacent owner The 2012 Assessed Value is $1700 and the bid amount is $1800 Staff recommends approval of this Bid Budget Impact Revenue of $1800 - Sale of Surplus Land - 000001-36400022 Recommended Action Motion to approve the request to declare Parcel 1814shy021-027 as Surplus and to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsRoads - (7 H3) - Accepted the recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with Marvin and Phyllis Sheppard in the amount of $7587545 which included $87545 for projected closing costs and was supported by an appraisal prepared by Albright and Associates for Parcel No 4505-007-007 (a portion of) to acquire necessary right of way associated with the CR 25 Turn Lane Addition Project

Contracts amp AgreementsRoadsUtilities - (7H4) - Accepted the following recommendation of County Engineer Bouyounes Office of the County Engineer to approve and execute the Purchase Agreement with George P Raney Trustee for Parcel No 13144-000-00 (a portion of) to acquire necessary right of way associated with the Utilities Expansion Project at 1-75 and Highway 326

DescriptionBackground This is a request to approve a purchase agreement associated with an Easement for the Marion County Utilities Expansion Project at Interstate 75 and Hwy 326 The scope of the project includes an interconnection of the existing water systems on both sides of Interstate 75 and an extension of the existing central sewer from the west side of the Interstate to the east side This project will increase the redundancy and reliability of the water system as well as provide central sewer services to the east side of 1-75 to accommodate future growth Due to right of way limitation in the area of 1-75 and 326 it was determined that the best route would require additional easements Budget Impact Utilities- Engineering and Construction - 7160-563101 - $6000 Recommended Action Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same

Contracts amp AgreementsDistricts - (7H5) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to approve and execute the First Amendment to Agreement Between the Southwest Florida Water Management District (SWFWMD) and Marion County for SW 16th Place and SW 14th Street Stormwater Retrofit (W409)

Book R Page 311

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 16: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

DescriptionBackground This item is Amendment 1 of the above referenced grant and is a request to extend the expiration date to February 28 2013 The Countys agreement with Southwest Florida Water Management District (SWFWMD) is scheduled to expire on November 30 2012 This construction project is a joint effort by the County and SWFWMD to increase the quality of primarily untreated stormwater runoff discharging into a karst feature located south of SW 16th Place and to wetland north and east of the Rainbow Park (Unit 8) The project was awarded to Magnum Construction Solutions at the August 212012 Board meeting BudgeUlmpact Neutral if approved loss of up to $280000 credit to Grant Revenue Account 189000-33431010 if not approved Recommended Action Motion to approve the attached amendment and authorize the Chairman and the Clerk to execute same

Licenses amp PermitsSubdivisions - (7H6) - Accepted the recommendation from County Engineer Bouyounes Office of the County Engineer regarding moratoriums on specific parcels within Kingsland Country Estates Forest Glenn Subdivision as follows

DescriptionBackground Research of documentation on moratoriums in the Kingsland Country Estates Forest Glenn Subdivision revealed errors and conflicts in agenda items previously presented to the Board for approval The Office of the County Engineer based on a comprehensive review of this subdivision recommends the proposed actions listed below to correct these errors and conflicts in addition to imposing andor releasing the moratorium on specific parcels BudgeUlmpact None Recommended Action Motion to approve the items listed below 1 Maintain moratorium on the following parcels These parcels are adjacent to a

cul-de-sac that has not been constructed on SW 64th Court south of SW 62nd Avenue Road in Block 1 These parcels are identified in magenta on the attached map

3505-001-135 3505-001-139 3505-001-136 3505-001-140 3505-001-137 3505-001-141 3505-001-138 2 Activate andor maintain moratorium on the following parcels These parcels

are designated as drainagewater retention areas or contain a drainage conveyance system per the construction plans However many of these parcels are platted lots and individually owned These parcels are identified in blue on the attached map

3505+000-001 3505+001-050 3505-000-002 3505+001-084 3505-000-003 3505+001-11 0 3505-001-005 3505-001-132 3505-001-006 3505-005-010 3505+001-036 3505-005-011 3505-001-043 3505-007-021 3505-001-044 3505-007 -027 3505-001-045 3505-007-083

Page 312 Book R

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 17: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

3505-008-014 3505-009-026 3505-008-019 3505-009-033 3505-008-020 3505-009-034 3505-009-002 3505+009-047 3505-009-012 3505-009-091 3505-009-013 3505+009-092 3505-009-024 3505+010-039 3505-009-025 3 Release moratorium on the following parcels Release of these parcels in the

past either cannot be definitively confirmed or the parcels have not yet been released from moratorium Subdivision infrastructure abutting these parcels has been constructed These parcels are identified in orange on the attached map

3505-001-002 thru 3505-001-004 3505-008-015 thru 3505-008-018 3505-001-007 thru 3505-001-042 3505-008-021 thru 3505-008-032 3505-001-046 thru 3505-001-049 3505-009-001 3505-001-111 thru 3505-001-131 3505-009-003 thru 3505-009-009 3505-002-001 thru 3505-002-008 3505-009-022 3505-005-001 thru 3505-005-009 3505-009-027 3505-005-012 3505-009-029 thru 3505-009-031 3505-005-027 3505-009-052 3505-005-030 3505-009-066 3505-005-034 3505-009-073 thru 3505-009-075 3505-005-037 thru 3505-005-053 3505-010-001 3505-006-002 3505-01 0-020 3505-006-006 thru 3505-006-008 3505-010-021 3505-006-021 3505-010-025 3505-007-001 thru 3505-007-020 3505-010-026 3505-007-022 thru 3505-007-024 3505-01 0-034 3505-007 -026 3505-01 0-055 3505-007 -042 thru 3505-007-082 3505-010-057 thru 3505-010-064 3505-008-001 thru 3505-008-013

County PlanningDistricts - (7H7) - Accepted the following recommendation from County Engineer Bouyounes Office of the County Engineer to authorize staff to work with Southwest Florida Water Management District (SWFWMD) St Johns River Water Management District (SJRWMD) and the With lacoochee Regional Water Supply Authority (WRWSA) to expand the Northern District Model to encompass the entirety of Marion County and participate in funding of the project

DescriptionBackground Marion County is divided between the Southwest Florida Water Management District (SWFWMD) and St Johns River Water Management District (SJRWMD) Regional groundwater models have been developed by SJRWMD SWFWMD and the United States Geological Survey that cover portions of Marion County Currently a regional model covering the entire extent of Marion County does not exist This effort will expand the active domain of an existing model to provide enhanced simulation capabilities for the area of Marion County and the Silver and Rainbow Spring basins Creation of one county-wide model will assist in water supply planning efforts by Marion

Book R Page 313

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 18: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

County and improve consistency between water management districts Marion County the water management districts and the With lacoochee Regional Water Supply Authority have developed a Scope of Work (attached) to be used by SJRWMD as the lead agency to request proposals from qualified consulting firms The project is expected to cost $15000000 with each cooperator (Marion County WRWSA SRJWMD and SWFWMD) contributing 25 of the total Up to $50000 was approved for this effort in the Water Resources budget for FY 201213 Actual costs will be determined after proposals have been received and a selection has been made SJRWMD expects to award the contract in January of 2013 Completion of Phase 1 is expected approximately six months from the date of award and Phase 2 is expected to be complete within 24 months of award BudgetImpact Budget Impact -Neutral (expenditure of up to $50000 as approved in the FY 12-13 budget for Water Resources 001-2715-531109) Recommended Action Motion to authorize staff to work with SJRWMD SWFWMD and WRWSA to expand the Northern District Model to encompass the entirety of Marion County and to participate in the funding of this project as described above

BudgetsUtilities - (711) - Accepted the following recommendation from Utilities Director Flip Mellinger to approve the re-appropriation of project funds within the Capital Improvement Plan (CIP) budget

DescriptionBackground To transfer previously allocated funds from the Silver Springs Regional Wastewater Treatment Facility project to the Silver Springs Shores Wastewater Treatment Facility project within the Utilities CIP The scope of the project was redefined and approved by the Board through a project amendment at its meeting of September 1S 2012 BudgetImpact None Recommended Action Motion to approve the project re-appropriation and transfer the project budget to the appropriate project code

Contracts amp AgreementsUtilities - (SA) - County Attorney Matthew G Minter presented the following recommendation regarding the Developers Agreement with Stice-Hill Holding LC regarding the Salt Springs Dollar General

DescriptionBackground The attached is a Utility Developers Agreement entered into between Marion County and Stice-Hill Holding LC for Marion County to provide water and wastewater service to the Property in Salt Springs BudgetImpact None Recommended Action The Board is requested to approve the attached Developers Agreement and authorize Chair and Clerk to execute same County Attorney Minter advised that the Developers Agreement was subject to

the sale of the property which should occur within the next 10 days noting if the sale fell through the agreement would be void

A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Developers Agreement with Stice-Hill Holding LC The motion was unanimously approved by the Board (5-0)

Page 314 Book R

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 19: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Contracts amp AgreementsGarbageMunicipalitiesSolid Waste - (8B) - County Attorney Minter presented the following recommendation regarding the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Florida Quality Development (FQD)

DescriptionBackground The Villages of Marion Quality Development (the development) is a gated community and the portion of the Villages Developments of Regional Impact located in Marion County and is home to 5000+ residents All of these residents are within the Marion County Solid Waste MSBU and each property pays an annual solid waste assessment to Marion County Pursuant to the Developer Agreement the Developer has the option of performing the collection and disposal of solid waste from the development or alternatively it can contract with a third-party hauler that holds a Marion County Franchise All of the properties within the Villages communities are subject to Declarations of Restrictions permitting the Developer to designate the exclusive solid waste provider for those properties Currently Sumter Sanitation Inc is the company designated by the Villages of Lake Sumter Inc (Villages) that holds the rights to perform solid waste collection services within all of the Villages communities both in Sumter and Marion counties The North Sumter County Utility Dependent District (the District) is a dependent special district with its jurisdictional area in Sumter County Florida It currently provides utility services to the Villages communities within Sumter County The Villages and the District have been in negotiations with respect to the purchase of Sumter Sanitation Inc by the District such that the District would acquire the right to perform solid waste collection and disposal within the Villages communities It has been represented to the County that the Villages will only agree to this transaction if it is a global transaction ie if it involves the collection and disposal rights of all of the Villages communities both in Sumter and Marion counties Because the jurisdictional boundaries of the District are limited to Sumter County it would not have the legal authority to provide operations within Marion County without an interlocal agreement pursuant to Section 16301 Florida Statutes Because of this the District has proposed for Board consideration an Interlocal Agreement that would provide authorization for the District to perform solid waste collection and disposal services in Marion County but only within the Villages of Marion Quality Development The District desires to finance the purchase of these collection rights from the Villages by means of a bond issue The proposed agreement involves no expenditure or commitment of funds from Marion County It does however grant permission from Marion County to the District to exercise a limited governmental function within Marion County for a thirty year period Although many times the County may require a provision in a multi-year service agreement enabling the County to terminate the agreement for any reason upon reasonable (12-months) notice in this case the District has indicated that the agreement would only be subject to termination within the 30shyyear term by mutual agreement of the parties This is because the repayment of the bonds will be secured in part by projected revenues from the Villages of Marion Quality Development property owners We required a number of changes to the first draft of the Agreement that was originally presented to the County Administrator Those changes include (1) The term was reduced from 99 years

Book R Page 315

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 20: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

to 30 years (2) the District agreed to use a Marion County franchised hauler (3) the Agreement is subject to Chapter 16 of the Marion County Code which governs our Solid Waste operations (4) the District agrees to deliver all municipal solid waste (MSW) to the Marion County landfill or a Marion County transfer station (not including yard waste and recyclables) (5) all of the properties will continue to pay the Marion County annual solid waste assessment (6) Because the Marion County residents are not voters in Sumter County in order to avoid a circumstance similar to the on-going utility dispute between Rainbow Springs residents and the City of Dunnellon where the City acquired a utility system in the unincorporated area and then immediately raised utility rates for Rainbow Springs residents higher than the rates of city customers - here the District agrees that Marion County residents will not pay higher rates or fees for the same service than those charged to residents of Sumter County One caveat is noted While we have resolved the contractual terms of the Agreement as described above to address issues of concern it should be noted that no one from the County has had any involvement in or opportunity to conduct any financial feasibility due diligence assessment of the merits of the purchase and sale transaction Le whether the District is paying an appropriate price for the collection and disposal rights Although we have provided contract terms that protect the Marion County residents from subsidizing the service received by Sumter County residents by providing that they will all be charged the same rates and charges if the District pays too much for the purchase then all of the customers will be paying too much for this service for many years into the future If the Board decides to approve this Agreement on this point it will have to rely on the sufficiency of financial due diligence the District has performed before entering into this transaction BudgetImpact None Recommended Action Because this Agreement is not a County generated item the County Attorney makes no recommendation as to Board action County Attorney Minter stated this item was placed on the agenda at the request

of the North Sumter County Utility Dependent District He advised that if the request was approved it would provide the District with the legal authority to provide solid waste collection and disposal services within the Villages of Marion FQD Mr Minter clarified the agreement would take the collection service out of private hands and place it into a governmental operation for approximately 5000 Marion County residents

In response to Commissioner Arnett Mr Minter advised that in the Sale and Purchase Agreement between The Villages and Sumter Sanitation Inc one of the provisions provided that the purchaser would impose rates that were equivalent to or perhaps even higher than the current rates in order to adequately fund the debt service bonds

Commissioner Zalak expressed concern with the 30 year term of the Agreement and noted a workshop may be needed to allow for further discussion He commented on yard waste and reCYciables noting Marion County had recently entered into an Agreement with ACMS a Class I landfill in Sumter County to dispose of its waste

In response to Commissioner McClain Gary Moyer Vice President of Development The Villages of Lake-Sumter Inc and Officer for Sumter Sanitation advised of Deed Restrictions within the community to assure property owners that they would continue to receive the same high level of service (LOS) as when their property

Page 316 Book R

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 21: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

was first purchased He noted it was a sustainability issue that needed to be addressed since the development was close to completion

Janet Tutt District Manager for the North Sumter County Utility Dependent District advised that there were currently no requirements or conditions regarding rate increases for solid waste within the community noting the District would have qualified electors that would guarantee rates would stay the same throughout the community

In response to Commissioner Zalak Ms Tutt stated the District was buying the rights to provide services to The Villages at the current rate for the next 2 years She advised that during that time the District would be looking for alternatives for disposal services at the most economical rates

Commissioner McClain opined the request was no different than the City of Ocala City of Belleview etc having its own garbage collection services for their citizens

Mr Minter advised that in addition to collection costs the Marion County Solid Waste Municipal Service Benefit Unit (MSBU) assessment would still be applicable to those residents who resided in the Marion County portion of The Villages

In response to Mr Minter Mr Moyer stated Sumter Sanitation owned a transfer station and was currently under contract with Waste Management Inc for disposal of solid waste except for the Marion County portion of the development

In response to Commissioner Zalak Ms Tutt stated each resident received 4 waste pickups per week (2 for garbage 1 for recyclables and 1 for yard waste) at a rate of $1790 per month

In response to Chairman Bryant Mr Minter advised that under the proposed Interlocal Agreement solid waste from the Marion County portion of the community would still be required to be brought to the Marion County landfill with the exception of recyclables

General discussion ensued In response to Commissioner McClain Marion County Solid Waste Director Mike

Sims advised that it could be feasible for Sumter Sanitation Inc to direct haul its waste to the ACMS Landfill depending on compatibility of the scale systems

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve and execute the Interlocal Agreement with the North Sumter County Utility Dependent District related to solid waste collection and disposal within the Villages of Marion Quality Development The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsPublic Health - (9A) - County Administrator Lee A Niblock presented the following recommendation from Human Resources Director Drew Adams Risk amp Benefit Services regarding the discount prescription card program

DescriptionBackground Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark The program offers prescriptions at discounted prices to citizens of Marion County Recently various discount prescription drug programs including NACo began offering rebates to counties based upon each prescription filled at program-participating pharmacies In evaluation of the NACo proposed rebate program Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County Coast2Coast (Financial Marketing

Book R Page 317

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 22: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Concepts Inc) provides rebates at $125 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program NACo provides rebates at $100 per prescription and requires county personnel to handle many of the administrative functions Coast2Coast also provides many other discounted services to citizens such as dental vision hearing aids diabetic supplies lab imaging testing and veterinary services The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6709 to a monthly low of 1537 In 2011 the monthly average was 3400 which could generate estimated rebate revenue at 125 per prescription of approximately $51000 Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 Recommendation is to piggyback on Polk County RFP 11-073 for a Discount Prescription Drug Card program with Financial Marketing Concepts InclCoast2Coast RX Card Attached is a Coast2Coast comparison of Program Benefits BudgetImpact Budget Impact - None Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund Recommended Action Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance fund and allow staff to issue and upon approval by Legal authorize the Chairman to execute contracts with Financial Marketing ConceptsCoast2Coast for these services and to send a cancellation notice to current vendor In response to Commissioner McClain Risk and Benefit Services Manager Sheri

Wiley advised that the Wellness Fund was part of the Insurance Fund which was used to provide different employee incentives and programs (ie Diabetes Program)

Commissioner McClain commented on the high cost of healthcare and noted the importance of maintaining a healthy workforce

Chairman Bryant addressed the many other discounted services and benefits offered by the new program versus the current company

A motion was made by Commissioner Zalak seconded by Commissioner Arnett to approve and execute contracts upon approval by Legal with Financial Marketing Concepts InclCoast2Coast for the discount prescription drug card program and authorize staff to send a cancellation notice to NACo The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsUtilities - (98) - County Administrator Niblock presented the following recommendation from Procurement Services Director Olsen regarding the Salt Springs Wastewater Treatment Facility

DescriptionBackground On April 19 2011 the Board approved the design of a new wastewater treatment plant to replace the badly deteriorating Salt Springs facility The design goal was to achieve nutrient removal to less than 3 rngL nitrate while lowering operating costs The design engineers preliminary design report compared an estimated capital cost of $135 million for a traditional treatment process and the alternative using a membrane bio-reactor (MBR) treatment process The report showed the MBR plant has a higher capital cost

Page 318 Book R

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 23: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

(estimated at $146 million) but lower operating costs offering a savings of $129000 over 15 years After comparing financial analysis inspecting an existing MBR plant and evaluating nutrient removal performance staff authorized the design engineer to proceed with completing the design using MBR technology The subject bid opening was conducted by Carrie Hyde representing Procurement Services Four (4) firms responded and the low bidder exceeded the estimate staff and the design engineer value engineered the project including Owner Direct Purchase (ODP) for the membrane process equipment and d d t t t $1 472881 Th fit b Ifmiddot r d b I re uce proJec cos s 0 e Ina a u a Ion IS Iste eow Firm Name Bid Value Engineered to Mack Concrete Industries shy

$1881327 $1472881Astatula Sawcross Inc - Jacksonville $1938000 Brandes Design-Build Inc shy

$2053190Clearwater TLC Diversified Incshy

$2197300Palmetto Flip Mellinger Utilities Director recommends approval of award to Mack Concrete Industries All work is expected to be completed within 270 days Attached for review is the contract draft pending approval at todays meeting it will be forwarded to the contractor for execution as written and upon return will be processed for the County Attorney Clerk of the Court and Chairmans signatures BudgeUlmpact Budget impact - neutral project costs including ODP total $1472881 up to ten percent (10) contingency can be added to the purchase order as allowed for in the Countys Procurement Ordinance Per Department provided information sufficient funds exist between charge accounts 7160138shy563102 7160080-563101 7160132-562630 7130059-563101 7160132shy562102 Recommended Action Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Mack Concrete Industries the lowest responsive responsible bidder for bid 12B-214 Mr Niblock addressed the projects long term benefits including a reduction in

operating costs He noted that no local vendors had bid on the project Commissioner Zalak commented on the importance of the project due to the

facilitys close location to Lake Kerr and Salt Springs In response to Commissioner McClain Utilities Director Flip lVIellinger advised

that he had spoken to several local contractors who had performed prior services for the County noting those companies endorsed Mack Concrete Industries

Chairman Bryant commended Commissioner Zalak for his efforts on the project A motion was made by Commissioner Zalak seconded by Commissioner

McClain to approve and execute the Standard Fixed Price Agreement Between Owner and Contractor upon approval by Legal with Mack Concrete Industries for the Salt Springs Wastewater Treatment Facility project The motion was unanimously approved by the Board (5-0)

Book R Page 319

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 24: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Advisorv CommitteesDistricts - (10A) - Clerk Ellspermann announced the results of the Commissioners ballots for the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council

A motion was made by Commissioner McClain seconded by Commissioner Zalak to reappoint Constance Reed and Calvin Richie as members of the RLE MSD Advisory Council with four (4) year terms The motion was unanimously approved by the Board (5-0)

Advisorv CommitteesDistricts - (10B) - Clerk Ellspermann announced the results of the Commissioners ballots for the Silver Springs Shores Special Tax District Advisory Council

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reappoint Donald Siver and appoint Stanley Saint-Louis as members of the Silver Springs Shores Special Tax District Advisory Council until residents could elect council members at the next general election The motion was unanimously approved by the Board (5-0)

BondsPrOjects amp Programs - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule a workshop on Tuesday December 11 2012 at 900 am to discuss the Marion County Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)

ResolutionsSuits - (11B) - A motion was made by Commissioner Zalak seconded by Commissioner McClain to schedule a closed meeting pursuant to Florida Statute (FS) 286011(8) on Tuesday December 4 2012 at 1 30 pm to discuss settlement negotiations andor litigation strategy in the case of Teresa Fletcher vs Marion County The motion was unanimously approved by the Board (5-0)

Comprehensive PlanOrdinances - (11C) - A motion was made by Commissioner McClain seconded by Commissioner Moore to schedule the adoption public hearing on Tuesday December 18 2012 at 600 pm to consider the 2012 Second (2nd

) Cycle Large Scale Comprehensive Plan Amendments and approval of the 2012 annual update of the Five-Year Schedule of Capital Improvements for FY 20122013 through 20162017 The motion was unanimously approved by the Board (5shy0)

Commissioners - (12A) - Chairman Bryant presented the Commission Liaison Charts for 2012-2013 to each Commissioner

CommissionersAdvisory Committees - (12B1) - Commissioner Moore appointed Paul Skinner to the FireRescue Advisory Board Linda Norman to the Dog Classification Board Brandy Osborne to the Regulatory Review Board (RRB) and Brent Malever to the Parks and Recreation Advisory Council (PRAC)

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Paul Skinner Linda Norman Brandy Osborne and Brent Malever The motion was unanimously approved by the Board (5-0)

Page 320 Book R

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 25: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

CommissionersHospitals - (12B2) - Commissioner McClain advised that he attended a recent Hospital District Board of Trustee meeting noting he was pleased with the progress being made He requested Chairman Bryant send a letter to the Hospital Trustees thanking them for their hard work and urging expediency in resolving the lease process for the benefit of citizens Commissioner McClain addressed the upcoming changes in healthcare laws and noted there could be funds coming into the County if Munroe Regional Medical Center (MRMC) was leased which would need to be discussed by residents of the community in regard to the best way to appropriate those funds

CommissionersAdvisory Committees - (12B3) - Commissioner Arnett appointed Randy McVay to the FireRescue Advisory Board and Linda Gygax to the Dog Classification Board He noted these were the only 2 appointments he had at this time

A motion was made by Commissioner Zalak seconded by Commissioner McClain to accept the appointment of Randy McVay and Linda Gygax The motion was unanimously approved by the Board (5-0)

Commissioners - (12B4) - Commissioner Zalak stated he was looking forward to working with the new Commissioners

Legislature - (Walk-On) - Chairman Bryant presented the following recommendation regarding a request to schedule a workshop to discuss 2012-13 Legislative Priorities

DescriptionBackground To prepare for the 2012-2013 legislation a workshop may be in line for the Board of County Commissioners to discuss and propose the top legislative priorities for Marion County Attached for historical reference are the approved 2011-12 and 2010-2011 Legislative Priorities and supportive documentation including the monitoring report of various legislative action for both sessions In order to present Marion Countys Legislative Priorities at the Legislative Delegation meeting scheduled for Tuesday January 8 2013 a workshop is recommended for Thursday December 6 2012 at 200 pm Attached is the initial draft of the proposed 2012-13 State Legislative Priorities for review and consideration Budget Impact None Recommended Action Discussion and Consideration of Proposed 2012-13 Legislative Priorities Chairman Bryant opined that with 2 new Commissioners coming onboard it

would be her recommendation to direct staff to schedule a workshop to discuss the 2012-13 State Legislative Priorities

Commissioner McClain requested Commissioner Zalak bring information to the workshop regarding compressed natural gas (CNG) for discussion as to whether or not to consider placing the matter on the list of Legislative priorities

A motion was made by Commissioner Moore seconded by Commissioner McClain to schedule a workshop on Thursday December 6 2012 at 200 pm to consider the proposed 2012-13 State Legislative Priorities The motion was unanimously approved by the Board (5-0)

Book R Page 321

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 26: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

(Ed Note This matter was again discussed later in the meeting)

Commissioners - (12C) - The Chairman acknowledged receipt of the November and December 2012 and January 2013 Commission calendars

Projects amp Programs - (12D1) - Roger Knechtel SE 9th Terrace Road Summerfield suggested that the new Commissioners attend the Citizens Academy classes He also expressed his appreciation for the services provided by the Salvation Army

Hospitals - (12D2) - Carl Crabtree NW 11Sth Avenue commented on an article in the Star Banner newspaper regarding the disposition of funding from the hospital (MRMC) sale or lease

In response to Mr Crabtree Commissioner McClain advised that at this point the money would be overseen by the Hospital District Trustees

Mr Crabtree expressed concern that there were currently no guidelines in place in regard to how the Trustees managed the funds

Commissioner Arnett advised that research was still being performed in regard to how the proceeds from the hospital lease would be distributed

Solid Waste - (12C1) - Mr Niblock advised that Executive Administrative Manager Jeannie Rickman Office of Strategic Services in conjunction with ACMS Landfill would be hosting a receptionpresentation on Thursday November 29 2012 at the Florida Association of Counties (FAC) Legislative Conference regarding the possibility of forming a solid waste authority with other counties

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence item A and B from County Administrator Niblock and items C and D from Clerk Ellspermann

County Administrator A General Information Items

1 Present Growth Services Department Monthly Report for October 2012

2 Present results of the petition process from property owners -Meadowood Acres Subdivision

3 Present Solid Waste Monthly Operations Report for October 2012 B General Information Items

1 Marion County Health Department - For the latest edition of Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Present outside counsel fees 3 Present Alcalde amp Fay Federal Legislative Alert - November 2012

C Clerk of Court 1 Present report of activity in the Drug Abuse Trust Fund for period

ending September 302012 2 Present two letters from Florida Department of Revenue dated

October 17 2012 for the Marion County Board of County Commissioners stating that TRIM (Truth in Millage) certification and

Page 322 Book R

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 27: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

maximum millage levy calculation final disclosure requirements are in compliance

3 Present two letters from Florida Department of Revenue dated October 172012 for the Rainbow Lakes Estates Municipal Service District stating that TRIM (Truth in Millage) certification and maximum millage levy calculation final disclosure requirements are in compliance

4 Present Homesteaded parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197 502(6)(C) Florida Statues and 120shy13063(5)(2) of the Florida Administrative Code

5 Present parcel which the County may purchase (within 90 days from 10312012) for the opening bid amount pursuant to Chapter 197502(6)(C) Florida Statues and 120-13063(5)(2) of the Florida Administrative Code

6 Present the Acquisition or Disposition of Property Forms authorizing changes in status as follows 36788 40102 40106 402504104341045410464107041185412244124741307 41312 41547 42528 42592 an attached list of items from the Clerk of the Circuit Court

7 For the month ended October 312012 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

8 Present regular report of Utilization for Reserve for Contingencies 9 Present monthly report for the Building Department Budget and

Actual 10 Present Internal Auditor Report 2012-07 regarding EDFIG

Compliance Review of Qualcomm Atheros Inc 11 Present letter from Secretary of States Office advising that

Ordinance 12-25 (Zoning) was filed 12 Present letter dated October 22 2012 received from Department of

Revenue (DOR) notifying Marion County of pending reduction to the countys Revenue Sharing distributions

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - October 1 2012 2 Development Review Committee (DRC) - October 15 22 and 29

2012 3 Marion County Hospital District Board of Trustees (MCHD) shy

September 24 2012 4 Southwest Florida Water Management District (SWFWMD) - For

minutes and agendas visit the website at httpwwwWaterMattersorg

5 st Johns River Water Management District (SJRWMD) - For minutes and agendas visit the website at httpwwwfloridaswatercom

Book R Page 323

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 28: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

6 Zoning Commission - September 24 2012 7 Transportation Planning Organization (TPO) - For minutes and

agendas visit the website at httpwwwocalaflorgtpo 8 With lacoochee Regional Water Supply Authority (WRWSA) - For

minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 06 am The meeting reconvened at 204 pm with all members present Also present

were Clerk David R Ellspermann County Attorney Matthew G Minter and County Administrator Lee A Niblock

CommissionersLegislature - (Walk-On) - Chairman Bryant advised of a conflict in the scheduling of a workshop earlier in the meeting She noted the workshop was originally set for Thursday December 62012 at 200 pm but would be rescheduled to Friday December 7 2012 at 900 am

A motion was made by Commissioner Zalak seconded by Commissioner McClain to reschedule the workshop to Friday Decernber 7 2012 at 900 am to discuss the 2012-13 Legislative priorities The motion was unanimously approved by the Board (5-0)

BudgetsCounty EmployeesResolutions - (Walk-On) - Chairman Bryant noted clarification was needed with regard to earlier action to adopt Resolution 12-R-558 which provided a one-time loyalty incentive for employees

Commissioner McClain clarified that his motion included authorization for the Chairman and Clerk to sign the necessary budget amendment resolutions to implement the Resolution

A motion was made by Commissioner McClain seconded by Commissioner Zalak to authorize the Chairman and Clerk to sign the necessary budget amendment resolutions to implement Resolution 12-R-558 The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000765047 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on November 5 2012 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Growth Services Director Gregory Stubbs PlanningZoning Manager Sam Martsolf Senior Planner Chris Rison Executive Staff Assistant Jan Stevens Staff Assistant Stephanie Soucey and County Attorney Matthew G Minter were present

OrdinancesZoning - (14A) - PlanningZoning Manager Sam Martsolf advised that the seven (7) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission He stated the consent agenda item would be acted on in one motion as follows

ITEM NO OWNERS NAME FROM-TO ACREAGE 1121101Z Martin amp Martha Gonzalez A-1 to R-E 100 2121102SU Martin amp Martha Gonzalez Special Use Permit in R-E 100 3 1211 03SU Karen C Tilton Special Use Permit in A-1 116

Page 324 Book R

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 29: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

4 121106SU Karen DeConna Special Use Permit in 8-4 406 5 121107SU Peninsular FL District Council

of Assemblies of God Special Use Permit in A-1 40 6121108SU Michael Spellman Trustee

Shuaney Irrevocable Trust Special Use Permit in PUD 300 7121109Z Charles amp Cynthia Glaze 8-5 to A-1 54 of total

521 acres Molion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 2010-R-114) 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 Motion passed 5 to O There was no public comment Commissioner Zalak requested Item 14A6 (121108SU) by the School Board of

Marion County (Michael Spellman Trustee Shuaney Irrevocable Trust) be pulled for discussion

Chairman Bryant noted that no one had signed up to speak on any of the Consent agenda items

A motion was made by Commissioner Zalak seconded by Commissioner McClain to approve consent agenda items 14A1 through 5 and 14A7 based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses were consistent with the Comprehensive Plan and would 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

Zoning - (14A) - 1 - (Zoning Commission 121101Z - Consent) - The Board granted a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from A-1 to R-E on approximately 10 acres for the intended use of a 1 acre division and 20 goats on the remaining 9 acres on Parcel Account No 45919-001-04

ResolutionsZoning - (14A) - 2 - (Z C 121102SU - Consent) - The Board adopted Resolution 12-R-582 granting a petition by Martin and Martha Gonzalez (ownersapplicants) 9926 SE Sunset Harbor Road Summerfield FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for 20 goats on approximately 9 acres of a 10 acre parcel in an R-E zone on Parcel Account No 45919-001-04 Resolution 12-R-582 contained the following Conditions

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

2 The site shall be limited to a maximum of twenty (20) goats

Book R Page 325

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 30: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

3 Open pasturegrazing area shall be provided at a minimum ratio of 1 acre per six goats or calculated fraction thereof In the event fewer goats are maintained the area of open pasture grazing area may be reduced subject to compliance with the minimum ratio as listed

4 Fencing surrounding the required open pasturegrazing area shall be provided and maintained to ensure the minimum open pasturegrazing areas are provided and that the goats remain on the subject property

5 Animal waste shall be removed from the property in accordance with the Marion County Land Development Code provisions

6 The owner(s) (Martin amp Martha Gonzalez) shall reside on-site 7 The Special Use Permit shall run with the property owner(s) (Martin amp

Martha Gonzalez) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 3 - (Z C 121103SU - Consent) - The Board adopted Resolution 12-R-583 granting a petition by Karen C Tilton (ownerapplicant) 3600 NE 133rd Street Anthony FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for an assisted living facility with 4-5 residents on approximately 116 acres in an A-1 zone Parcel Account No 0803-003-001 Resolution 12-R-583 contained the following Conditions

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

2 The assisted living facility shall be limited to five (5) residentsclients 3 The assisted living facility shall maintain the existing single-family

residential facadecharacter 4 The assisted living facility operation is limited to the existing structures as

depicted on the concept plan Expansion of the structure andor an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit Application for review and consideration for an expansionincrease

5 Signage provided shall comply with Marion County Land Development Code regulations for home occupation signs

6 Prior to commencing the assisted living facility use the ownerapplicant shall complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

7 The Special Use Permit shall run with the owneroperator (Karen C Tilton) and not the property

8 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 116-acre size

9 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 4 - (Z C 121106SU - Consent) - The Board adopted Resolution 12-R-584 granting a petition by Karen DeConna owner (Eric amp

Page 326 Book R

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 31: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

Crystal Petteway applicants) 13450 NW 198th Street Road Micanopy FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code for a bishymonthly general merchandise auction on approximately 406 acres in an B-4 zone on Parcel Account No 02118-001-00 Resolution 12-R-584 contained the following Conditions

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

2 The auctioning of general merchandise shall take place within the existing packing house structure (3075SF) located in the western portion of the subject property as indicated in the submitted conceptual plan and Findings of Fact General merchandise shall include but not be limited to antiques furniture appliances etc

3 The auctioneering activities shall take place no more than twice per month with the auction hours limited from 9 am to 10 pm

4 Access to the site shall be via US Hwy 441 5 Prior to commencing the auction activities the ownerapplicant shall

complete a Change of UseOccupancy Review for the project including obtaining necessary permits and applicable reviews (eg building zoning impact fee right-of-way etc)

6 The Special Use Permit shall run with the owneroperator (Karen DeConna under contract to purchase) and not the property

7 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 406-acre size

8 The Special Use Permit shall expire on November 20 2015 however a new Special Use Permit application may be submitted to request to renewextend the Permit

ResolutionsZoning - (14A) - 5 - (Z C 121107SU - Consent) - The Board adopted Resolution 12-R-585 granting a petition by Peninsular FL District Council of the Assemblies of God Family Life Ministries owner (Jay B Schwab applicant) 12404 SE 11 ih Avenue Road Belleview FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for a private after school program with a maximum of 25 children on approximately 4 acres in an A-1 zone on Parcel Account No 44997-004-01 Resolution 12-R-585 contained the following Conditions

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

2 Access to the site shall be via SE 112th Avenue Road 3 The after-school program may accommodateenroll a maximum of 25

studentschildren per day however a new Special Use Permit application may be filed for consideration to increase the number of studentschildren No authorization for a daycarenursery school use is provided with this Special Use Permit

4 The after-school program dayshours of operation shall be Monday thru Friday from 1 pm to 7 pm

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 4-acre size

Book R Page 327

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 32: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

6 The Special Use Permit shall run with the church currently titled Family Life Ministries (Peninsular Florida District Council of the Assemblies of God Inc)

Zoning - (14A) - 7 - (Z C 121109Z - Consent) - The Board granted a petition by Charles and Cynthia Glaze owners (Scott amp Kimberly Hatcher applicants) 16132 SE 4th Ave Summerfield FL requesting a Zoning Change Article 5 of the Marion County Land Development Code from B-5 with conditions on a 54 portion of approximately 521 acres to A-1 zone with all permitted uses on Parcel Account No 44752-001-01

ResolutionsZoning - (14A) - 6 - (Z C 1211 08SU) - The Board considered a petition by the School Board of Marion County (David K Herlihy applicant Michael Spellman Trustee Shuaney Irrevocable Trust owner) 512 SE 3rd Street Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for establishing a public school campus on a 30 acre portion of approximately 1288 acres in a PUD zone on Parcel Account No 37506-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 100 =0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to agree with staffs findings and recommendation and recommend approval of Consent Agenda items 121101Z 121102SU 121103SU 121106SU 121107SU 121108SU 121109Z removing Approval Condition 9 from item 121106SU (repealing Resolutions 2009-R-417 and 201 0-R-114) 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Special Use Permit with the following Conditions

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

2 Access to the site shall be via Oak Road 3 The Special Use Permit shall run with the Marion County School Board

not with the property Commissioner Zalak inquired as to concurrency roads etc Senior Planner Chris

Rison stated the site was within the Silver Springs Shores project which was a Chapter 380 vested Development of Regional Impact (DRI) project and was not subject to concurrency within the general development He noted the developer would still have to meet access requirement standards along Oak Road the main and principal access Turn lanes and other access points would need to be provided for as they went through the development review process Commissioner Zalak questioned capacity on Oak Road Mr Rison stated he did not have those figures and noted staff tended not to provide traffic counts on internal roads inside the Shores In response to Commissioner Zalak Mr Rison advised that he was confident that capacity existed Mr Rison noted the School Board was looking for this kind of school with a lot of walking traffic from the

Page 328 Book R

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 33: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

surrounding residential neighborhoods reducing the need for school buses or vehicles coming in and out of the area

District Planning and Governmental Relations Manager David Herlihy Marion County Public Schools described the 30 acre site which was intended for a middle school He noted a K8 middle school type was listed in the work plan for a number of years and opined that this site was a good location that could be a substitute for Lake Weir Middle School since that school was aged and required a lot of repairs Mr Herlihy advised that there was no money available to build the school noting enrollment at the middle school level was not such that another facility was currently needed He noted impact fee monies were available for use for this purpose and they were looking to acquire future sites in good locations

Mr Hurlihy commented on the number of students in the area noting they were being bused to Lake Weir Middle School It made good sense to put a school in the midst of where the students were located

Commissioner Zalak questioned the impact on the new elementary school that was under construction Mr Hurlihy stated it would not impact Legacy Elementary (new school on Juniper Road) noting he did not know the attendance area that would be associated with this project as it was a number of years out and could not tell if this would be a replacement for Lake Weir Middle or in addition to that school

In response to Commissioner Zalak Mr Hurlihy noted Legacy Elementary was within the Belleview service area and they were currently working on an Interlocal Agreement to provide water and sewer services Mr Rison stated staffs understanding was that lines were being extended north out of the SummerCrest Development up to Legacy Elementary

There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 12-R-586 granting the Special Use Permit with Conditions 1 through 3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

SubdivisionsZoning - (14B1) - PlanningZoning Manager Martsolf presented the following recommendation from Development Review Committee (DRC) Chairman Bouyounes regarding the family division waiver as requested by Lonzo and Edna Mae Hope relating to Parcel No 37352-000-00

DescriptionBackground The owners request the family division to deed three acres to daughter so she can place a manufactured building and live there The property is located in the southeast portion of the County and is 50 acres in size with one single family residence DRC action on October 22 2012 by a vote of 5-0 was to approve the waiver request subject to the following conditions 1 - no guest cottages for the resulting parcels 2 - meeting access requirements 3 - completing the family division within a year 4 - no encroachments on the property lines 5 - a tract width of 150

Book R Page 329

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 34: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

6 - at least a minimum of two acres for the new parcel 7 - sharing the driveway to 10th Court BudgetImpact None Recommended Action Motion to approve the requested family division as recommended by DRC Mr Martsolf commented on the request and DRC recommendation for approval

He noted the applicant was present should the Board have any questions The applicant advised from his seat in the audience that he had no comments at

this time A motion was made by Commissioner McClain seconded by Commissioner

Zalak to agree with DRC and approve the family division subject to no guest cottages for the resulting parcels meeting access requirements completing the family division within a year no encroachments on the property lines a tract width of 150 at least a minimum of two acres for the new parcel and sharing the driveway to 10th Court The motion was unanimously approved by the Board (5-0)

ResolutionsSubdivisions -- (14B2) -- The Board considered the following recommendation from County Engineer Bouyounes Office of the County Engineer to consider adopting a Resolution vacating certain language of the Plat of Raven Hill Subdivision as recorded in Plat Book S Page 101 Parcel No 2984-006-004 and petitioned by the City of Ocala

DescriptionBackground This is a request to approve a Resolution pertaining to a Petition by the City of Ocala to vacate certain language of Raven Hill Subdivision In accordance with Chapter 177 FS the Petitioner has submitted all the necessary documentation and requests that the language of the Plat be vacated in order to make the lots marketable This request was considered by the Development Review Committee on October 15 2012 and it was the Committees recommendation that the petition be granted Budget Impact Revenue of $350 -- Transportation -- Plat Vacate -- 105000shy34190013 Recommended Action Motion to adopt the attached Resolution to vacate certain language of the Plat of Raven Hill Subdivision as recorded in Plat BookS Page 101 and to authorize the Chair and Clerk to execute the same In response to Commissioner Zalak Mr Martsolf stated the lots were dedicated

prior to there being any central services available however the City had since gone in and provided those services

A motion was made by Commissioner Moore seconded by Commissioner Zalak to adopt Resolution 12-R-587 vacating a portion of the Plat of Raven Hill Subdivision as petitioned by the City of Ocala The motion was unanimously approved by the Board (5shy0)

(Ed Note The Deputy Clerk received Proof of Publication entitled Notice of Intention to Vacate Plat or Portion of Plat of Raven Hill Subdivision published in the Star Banner newspaper on October 23 and 29 2012)

Contracts amp AgreementsZoning -- (14C) -- 1 (Z C 121111Z) -- The Board considered a petition by TW amp P Investments LLC owner (Jose Tamariz Manager applicant) PO Box 770010 Ocala FL requesting a zoning change Article 5 of the Marion County Land Development Code from A-1 on approximately 5592 acres and A-

Page 330 Book R

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 35: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

3 on a portion of 6078 acres to PUD with commercial and high density residential use on Parcel Account No 41200-083-01

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 1 of 18 = 6 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Arnett to agree with staffs findings and recommendation and recommend approval 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 Motion passed 5 to O Senior Planner Rison stated both Planning Division staff and the Zoning

Commission recommended approval of the Zoning Change He noted the site received a mixed land use designation through a land use blending overlay (LUBO) and had a combination of limited commercial commercial and high density residential designations The applicant was requesting the PUD rezoning to essentially initiate the development process for this site with the combination of land uses and establishing the development standards for the project Mr Rison noted the developer would need to complete the Developers Agreement related to this site He stated DRC also recommended approval of the PUD rezoning

Mike Radcliffe Radcliffe Engineering SE Lake Weir Avenue representing the applicant was present and advised they were in agreement with staffs recommendation as well as the Zoning Commission approval

In response to Commissioner Zalak Mr Radcliffe stated the project would tie into Marion County Utilities which would be part of a separate Developers Agreement He noted he had spoken with Utilities Director Flip Mellinger about the matter

Upon call for public comment Michelle Shearer SE 85th Street President of the Shady Greenway Conservation Alliance noted she was interested in the impact to CR 475A which was a scenic road Mr Rison clarified that this segment of CR 475A was removed from the Scenic Roads Ordinance Commissioner Zalak questioned if all roadways would be identified with adjustments made for entrances and exits then the study would be brought back for Board approval with a PUD Mr Radcliffe stated that was correct noting it would go through the Master Plan process for approval Mr Rison stated the project proposed one entrance to Highway 475A and would provide for parallel access to the north and south along their frontage road further into the project

Ms Shearer inquired if the developer would be required to 4-lane CR 475-A from the greenway down Chairman Bryant stated it would be discussed when the Developers Agreement came back to the Board Mr Rison stated those projections had not been completed however the developer was providing for rights-of-way (ROW) dedications along CR 475-A as well as a wider project entrance so those improvements could be phased as the project proceeded

Chairman Bryant noted no one had signed up to speak on this item and advised that public comment was closed

A motion was made by Commissioner McClain seconded by Commissioner Zalak to approve the Zoning Change from A-1 to A-3 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with the surrounding land uses was consistent with the Comprehensive

Book R Page 331

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 36: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

Plan and would not adversely affect the public interest The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 2 - (Z C 1211 05SU) - The Board considered a petition by Paule Sabrina and Sheena Sylvain (ownersapplicants) 8058 SE 62nd Loop Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code for renewal of Special Use Permit 090906SU for 2 horses for personal use on approximately 3298 acres in an R-1 zone on Parcel Account No 9032 -0000-05

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 5 of 119 = 4 ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Mr Arnett to disagree with staffs findings and recommendation and recommend continuance of the Renewal Special Use Permit for one year with Alternate Approval Conditions amending Condition 8 to expire in one year (November 20 2013) and adding a condition to require that a Certificate of Occupancy be received on or before November 20 2013 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 Motion passed 5 to O Senior Planner Rison stated this request was for a Special Use Permit renewal of

an existing permit (Resolution 09-R-419) which was due to expire for the keeping of 2 horses for personal use on a 32 acre overall site (approximately but was concentrated in the southern portion of the parcel where an existing home had been under construction since 2005 and had not yet received a Certificate of Occupancy (CO) Planning Division staff recommended denial as the house continued to remain incomplete and the pasture requirements had not been fully met He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside

on the subject property 7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 8 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Page 332 Book R

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 37: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted that the Zoning Commission recommended approval with the following Alternate Approval Conditions as revised

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

2 A maximum of two (2) horses may be kept on the property Foals may be kept on-site until weaned

3 For the keeping of horses the minimum square footage of pasture area provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The single family residence under construction (BP 2005010122) shall

be completed and a Certificate of Occupancy issued on or before November 20 2013 The owner(s) (Sabrina Paule amp Sheena Sylvain) of the horses shall reside on the subject property

7 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina Paule amp Sheena Sylvain) and not with the property

8 The Special Use Permit shall expire on November 20 2013 however a new Special Use Permit application may be submitted to request to renewextend the Permit

9 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

Mr Rison noted the Special Use Permit would expire in 1 year and the applicants would need to provide a CO within 1 year

Commissioner McClain questioned whether the Board originally made the finishing of the house a condition of the Special Use Permit Mr Rison stated the discussion at that time was that the house was under construction and was expected to be reasonably completed and the applicants were to be residing on-site He noted the applicants were still not residing on-site

In response to Commissioner Zalak Mr Rison advised that no complaints had been received

Paule Sylvain SE 62nd Loop applicant was present Chairman Bryant advised the applicant of Conditions proffered by Planning staff regarding the 1 year time limit and that the house would be completed and a CO obtained in order to continue to have the Special Use Permit renewed Ms Sylvain inquired if she would have to reapply in 1 year Chairman Bryant concurred

Mr Rison stated these were the uses the Board typically established timeframes on noting the prior Special Use Permit had a 3 year limit Because of the circumstances of this request the Zoning Commission recommended the 1 year timeframe and Planning staff recommended denial He stated at this point staff would agree with the Zoning Commission recommendation noting staff was looking for that residential occupancy at the site characteristic to observe and care for the animals

Ms Sylvain advised that they were on the site from 800 am to 800 pm She stated they were working on the home and had some finishing to do such as trimming

Book R Page 333

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 38: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

but had not located a good carpenter Ms Sylvain commented on problems with subcontractors and work having to be redone

Mr Minter commented on the Zoning Commission hearing where another representative appeared and advised of vandalism and damage to the residence which caused delay He stated the Board could eliminate the requirement if it so chose noting the applicants were kind of in violation of the previous Special Use Permit

Chairman Bryant questioned staffs concerns Mr Rison advised that there was no residential component to the applicants residing on-site due to the R-1 zoning classification and the residential subdivision nature of Silver Springs Shores Another concern was that the applicants had currently not expanded the pasture area to meet the open pasture requirements for horses which were part of the original Conditions of the Special Use Permit and were typically 22000 square feet for the first horse and 20000 square feet for the second horse The horses had been contained within a smaller pasture area although the applicants indicated that the horses were allowed outside the fence to wonder when they were present In response to Chairman Bryant Mr Rison reiterated that there had been no official Code Enforcement filings nor had there been any complaints as to the care of the horses He advised that the most recent inspection occurred on November 12 2012 for heating ventilation and air conditioning (HVAC) which was passed

Commissioner Zalak noted his only concern was with the applicants previously agreeing to meet pasture requirements which had not yet occurred and questioned why the permit should be renewed Ms Sylvain stated they had been trying to find someone who was reasonable to clear the property but noted the area was fenced Chairman Bryant addressed the importance of following through with the Conditions of the Special Use Permit

Chairman Bryant noted no one had signed up to speak on the matter Upon call for public comment Richard Wasicek Oak Lane Track voiced his

concern with allowing horses in an R-1 zoning classification and health concerns Jamie Wasicek Oak Lane Track stated they had never seen the horses outside

of their little stables Chairman Bryant stated public comment was closed A motion was made by Commissioner Zalak seconded by Commissioner

McClain to adopt Resolution 12-R-588 granting the Special Use Permit with Alternate Approval Conditions as added and revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included allowing 120 days to build the proper paddocks noting County staff would inspect the property and if not completed the Special Use Permit would be revoked

General discussion ensued with regard to fencing Commissioner McClain stated 43000 square feet of pasture was required for the

horses He noted the Board was allowing 120 days (4 months) to get the trees removed and the pasture growing In response to Ms Sylvains question regarding grass Chairman Bryant stated the pasture had to be cleared and the fence up noting it would be difficult to have lush green grass at this time of year Chairman Bryant reiterated that the applicant would have to the 43000 square feet of pasture cleared and the fence must be in good repair within 120 days She inquired if that was a condition that could

Page 334 Book R

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 39: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

be adhered to by the applicants Ms Sylvain stated she could Commissioner Zalak stated his motion stood and noted the time period would be

for 3 years Mr Rison questioned Condition NO6 regarding the CO Commissioner Zalak

stated Condition NO6 could be deleted Resolution 12-R-588 contained the following Conditions 1 The site shall be developed and operated consistent with the submitted

conceptual plan and the conditions as provided with this approval 2 A maximum of two (2) horses may be kept on the property Foals may be

kept on-site until weaned 3 For the keeping of horses the minimum square footage of pasture area

provided shall be 22000 square feet for the first horse with an additional 20000 square feet for each additional horse

4 Animal waste shall be removed from the property on a bi-weekly basis 5 The Special Use Permit is effective for the total 3298 acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant(s) (Sabrina

Paule amp Sheena Sylvain) and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

8 Special Use Permit 20090906SUResolution No 2009-R-419 is hereby repealed and replaced with this Special Use Permit

9 The minimum horse pasture area shall be established within 120 days of this approval in the event the pasture is not established as required the Special Use Permit is revoked

The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 3 - (Z C 12111 OSU) - The Board considered a petition by Zanetti Chiropractic Inc owner (Dina DeBolt applicant) 4817 NE 2nd Loop Ocala FL requesting a Special Use Permit Section 52 of the Marion County Land Development Code to modify conditions of a existing Special Use Permit 040209SU for wellness center and professional chiropractic office to expand hours of operation to Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm on approximately 2 acres in an R-1 zone on Parcel Account No 2742-001-020

PERCENT WRITrEN OPPOSITION WITHIN 300 FEET 12 of 45 =27 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Colen to agree with staffs findings and recommendation and recommend approval with the modified conditions based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses Motion passed 5 to O Senior Planner Rison stated the request was for a Special Use Permit

modification for a site currently used for the Zanetti Chiropractic Inc operations The applicant was seeking to modify the hours and days of operation as well as provide for a new Special Use Permit which would extend the operation approval He advised that

Book R Page 335

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 40: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

both Planning Division staff and the Zoning Commission recommended approval with the following Conditions

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

2 The maximum hours of operation for the professional office use (namely chiropractic care massage therapy yoga and personal training) as well as the wellness center conference amp reception room shall be Monday through Saturday from 600 am to 1000 pm and Sunday from 700 am to 700 pm

3 Any expansion of the existing facilities (office workout buildings courts etc) will require obtaining a new Special Use Permit

4 The Special Use Permit shall run with the owneroperator (Dr Dina Zanetti DeBolt) and not the property

5 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the overall property from its 2-acre size

6 Special Use Permit 20040209SUResolution No 2004-R-51 is hereby repealed and replaced by this Special Use Permit

Dina Zanetti DeBolt East Ft King Street applicant was present and advised that this was an unusual piece of property and all the information was explained in the booklet provided

2ndUpon call for public comment Johanna Fresneda NE Loop voiced her support for the Special Use Permit

Martin Musgrave NE 49th Avenue advised that he lived about 5 houses away from the site in Leonardo Estates and wished to voice his support of the Special Use Permit

Chairman Bryant stated public comment was closed A motion was made by Commissioner McClain seconded by Commissioner

Zalak to adopt Resolution 12-R-589 granting the Special Use Permit with Conditions 1 through 6 based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with 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)

ResolutionsZoning - (14C) - 4 - (Z C 121104SU) - The Board considered a petition by William Cretul (ownerapplicant) 8149 NW Highway 225A Ocala FL requesting a Special Use Permit Section 53 of the Marion County Land Development Code to allow 2 FEMA (Federal Emergency Management Agency) park trailers to be used for security residences on approximately 135 acres in a B-5 zone on Parcel Account No 13786-000-00

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0 ZONING COMMISSION RECOMMENDATION Motion was made by Mrs Mangram seconded by Mr Jinks to disagree with staffs findings and recommendation and recommend approval of the request After clarification of the motion Mrs Mangram withdrew her original motion and Mr Jinks withdrew his second Mrs Mangram then made a motion to disagree with staffs findings and recommendation and recommend approval of the request with Alternate Approval Conditions for two (2) FEMA trailers based on the following findings of fact

Page 336 Book R

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 41: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

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 Motion passed 3 to 2 with Mr Colen and Mr Arnett dissenting Senior Planner Rison stated this request was for a Special Use Permit to place 2

security residences (former FEMA trailers) on a commercial site which was currently zoned B-5 He noted Planning Division staff recommended denial as most of these type requests provided for one security residence and the applicant requested 2 residences however the Zoning Commission recommended approval He stated if the Board granted the Special Use Permit staff recommended the following Alternate Approval Conditions

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

2 Access to the site shall be via CR 25A aka NW Gainesville Road through existing driveway entrances

3 The number of security residences shall be limited to one (1) FEMA park trailer located at the north end of the existing on-site retail building as indicated on the submitted conceptual plan

4 Existing vegetation shall be maintained on the subject property 5 The Special Use Permit is effective for the total 135-acre site and shall

terminate if there is a division or subdivision of the property 6 The Special Use Permit shall run with the ownerapplicant (William Cretul)

and not with the property 7 The Special Use Permit shall expire on November 20 2015 however a

new Special Use Permit application may be submitted to request to renewextend the Permit

Mr Rison noted that the site was zoned B-5 which was the highest commercial zoning classification and ordinarily it did permit the retail sale of these types of units but did not allow them to be inhabited

In response to Chairman Bryant Mr Rison stated there was a similar site along the roadway but did not believe it was this parcel Mr Martsolf advised that it was back further closer to town (around the 4200 block of Gainesville Road) and noted the Board approved a FEMA trailer security residence for a limited time He stated that individual did not have a commercial zoning classification like this applicant

Commissioner Arnett asked if the trailers were occupied by residents full time William Cretul NW County Highway 225A stated it was a security

shackbuilding He stated people came and stayed overnight to protect the property noting there had been numerous break-ins and even cut a hole in the back of the building trying to get inside The only way he knew how to curb this was to put someone on the property Mr Cretul noted this was not something he wanted but rather something he needed He commented on the amount of money to repair damClges noting he had alarms which did not stop intruders Mr Cretul stated he was trying to protect the interests of the people who were in the building In response to Chairman Bryant Mr Cretul stated he had someone who was there full-time at night but at their job (or wherever) during the day The trailer was hooked up to electric with water and sewer

Book R Page 337

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 42: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

Mr Cretul presented an 8x10 photograph Commissioner Zalak inquired if those who provided security were paid Mr Cretul stated he did not collect rental income from the individual who lived in the trailer and provided security

Commissioner Zalak questioned why the applicant would not hire a security firm to provide security and why two trailers were needed Mr Cretul stated the one trailer watched the front of the property and the other watched the front of the building facing it and back of the building In response to Commissioner Zalak Mr Cretul stated he did not have police reports for all of the break-ins that had occurred on the property

Chairman Bryant inquired if this was the result of a Code Enforcement action Mr Martsolf stated it was and noted it was an anonymous call which prompted the applicant to come in and request a Special Use Permit

Chairman Bryant questioned how the applicant was able to hook up to sewer and water without obtaining the proper permits Mr Martsolf stated he had an on-site sewer treatment plant that served the laundromat and rest of the plaza that the applicant hooked into without a permit as well as the on-site well Chairman Bryant inquired if that would comply with the original permits for water and sewer Mr Martsolf stated he was not sure but noted if the Special Use Permit was approved the applicant would have to seek approval for the hookups through inspections

Commissioner Arnett inquired if this was the beginning of an Recreational Vehicle (RV) Park Mr Cretul stated it was not

General discussion ensued Commissioner Arnett asked if one unit was sufficient Mr Cretul stated it was

possible but noted they could not see all sides of the building at one time Discussion continued In response to Commissioner McClain Mr Martsolf stated the trailers would not

have to be skirted but the applicant would have to show the Building Department that they were properly hooked up and tied down He noted skirting could be made a part of the Conditions of the Special Use Permit

Chairman Bryant questioned the Countys liability should the Board approve the Special Use Permit Mr Minter stated he did not see that granting of the Special Use Permit for this purpose (trailer or construction of a guard house) would create a liability on the part of the County He noted should the applicant as the owner of the property permit children then he would be subject to all kinds of liability himself Mr Minter further stated the granting of this Special Use Permit was not purporting to grant permission to perform any illegal activity on the property which would not expose the County to liability

Commissioner Arnett stated it was not a residential area and opined that one unit was reasonable for a security shack

General discussion ensued Chairman Bryant noted no one had signed up to speak on the matter There was no public comment Chairman Bryant stated public comment was closed Commissioner McClain commented on a previous Special Use Permit for a

security trailer noting there was precedence but opined there was no precedence for two trailers

In response to Chairman Bryant Mr Cretul stated he had someone living in the trailer on the south side of the parcel She stated the trailer to the north would be more appropriate

Page 338 Book R

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 43: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 20 2012

A motion was made by Commissioner Zalak seconded by Commissioner McClain to adopt Resolution 12-R-590 granting the Special Use Permit with Alternate Approval Conditions 1 through 8 as revised (see below) based on the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses was consistent with the Comprehensive Plan and would not adversely affect the public interest

Commissioner Zalak stated his motion included approval for one (1) trailer on the north side of the property Commissioner Zalak commented on screening the trailer Mr Cretul advised that an 8 foot chain link fence currently existed Commissioner McClain suggested opaque fencing along the back of the property Mr Rison stated a Type E Buffer was normally required for a commercial site along the roadway however this was an older site and it was not required at this time unless it was fully redeveloped or the Board wanted to make it a Condition of the Special Use Permit Chairman Bryant noted the only problem she saw with that was with the gate going in and out Commissioner Zalak questioned the number of days to allow the applicant to remove the second trailer Chairman Bryant stated it did not need to be removed as the applicant could sell the trailer Commissioner Zalak stated the applicant needed to put the trailer up for sale but there could be no residents Commissioner McClain stated the trailer needed to be disconnected

Commissioner Zalak asked the applicant how much time he needed to remove the trailer from the property Mr Cretul questioned if he had to take the trailer off the property or if he could just sell the trailer Commissioner Zalak stated the applicant could sell the trailer but it had to be disconnected from the sewer and it should not be a residence on the property

Chairman Bryant clarified that the Special Use Permit would be approved for the one (1) trailer to the north the trailer to the south would have to be disconnected from water and sewer within 90 days sell and remove the trailer from the subject property Mr Cretul stated that was not a problem

In response to Commissioner Arnett Chairman Bryant advised the applicant that once the Board ~pproyed the$peeial Use Permit the County would come out and he would have to GoiTIe into compliancewith the permitting etc on the trailer that would remain on the subject site

Condition NO8 The south FEMA trailer shall be disconnected from utility services and removed from the property within 90 days of this approval The motion was unanimously approved by the Board (5-0)

ResolutionsZoning - (14C) - 5 - The Board consider~d letterdaf~d -October 15 2012 received from Elite Resorts Eduard Mayer Managing Partner Plaza Lodge LLC regarding Special Use Permit Nos 041008SU and 060513SU granted by Resolutions 04-R-432 (Pacific Ocala Corp) and 06-R-201 (PacificOcala Corporations) requesting release of the Special Use Permits It was noted that the owner of record included predecessor owner Pacilic Ocala Corporation and successor owner Plaza Lodge LLC and Elite Resorts Management Inc as manager of the properties and permits

Mr Martsolf advised that the request was to terminate two Special Use Permits on a property that was located in front of the Salt Springs Shopping Plaza noting it was the same parcel that the Board made water and sewer agreements with earlier in the

Book R Page 339

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R

Page 44: Official Minutes of MARION COUNTY BOARD OF COUNTY … › migrate › Minutes1120… · presentation is made by the county commissioners at a regular meeting in the ... year, through

November 202012

meeting regarding the Dollar General He stated the property had the old residual Special Use Permits on the property which the owner now wished to terminate

The applicant was not present Chairman Bryant noted no one had signed up to speak in regard to the matter There was no public comment Chairman Bryant stated public comment was closed A motion was made by Commissioner Moore seconded by Commissioner

McClain to adopt Resolution 12-R-591 terminating Special Use Permit Nos 041008SU and 060513SU (Resolutions 04-R-432 and 06-R-201) The motion was unanimously approved by the Board (5-0)

OrdinancesZoning - (140) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting

Upon motion of Commissioner McClain seconded by Commissioner Zalak the Board adopted Ordinance 12-26 amending the Marion County Zoning Map pursuant to the individual decisions made by the Board on each application heard in the public hearing and 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 329 pm

~~~ athy Bry t C air an

Attest

Page 340 Book R