Official Minutes of MARION COUNTY BOARD OF COUNTY

Transcription

Official Minutes of
MARION COUNTY
BOARD OF COUNTY COMMISSIONERS
June 17, 2014
The Marion County Board of County Commissioners met in regular session in
Commission Chambers at 9:04 a.m. on Tuesday, June 17, 2014 at the Marion County
Governmental Complex located in Ocala, Florida.
The meeting opened with invocation by Commissioner McClain and the Pledge
of Allegiance to the Flag of our Country.
Upon roll call the following members were present: Chairman Carl Zalak, District
4; Vice-Chairman Stan McClain, District 3; Commissioner David Moore, District 1;
Commissioner Kathy Bryant, District 2; 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 Zalak addressed upcoming scheduled meetings as
listed on the Commission Calendar (Item 12B).
Proclamations/Projects & Programs - (1.A. through D.) - Upon motion of
Commissioner Bryant, seconded by Commissioner Moore, the Board approved and/or
ratified the following:
A. Presentation of 2013 Florida Association of County Engineers and Road
Superintendents (FACERS) Team Project of the Year Award.
B. Presentation recognizing Marion County School Teachers, Volunteer of
the Year and Youth Conservationist of the Year.
C. Presentation of awards to the Marion County Florida Walks Team.
D. Presentation regarding the Ocala/Marion County Chamber and Economic
Partnership (CEP) Quarterly Update.
County Engineer/Projects & Programs - (1.A.) - The 2014 Florida Association of
County Engineers and Road Superintendents (FACERS) Team Project of the Year
Award for the SW 42 nd Street Flyover Project was presented to Assistant County
Engineer Don Atwell, Office of the County Engineer. The award was based on criteria
including need and timeliness, innovation, leadership, impact on budget and impact on
the community. Acceptance of the award would occur during the FACERS business
meeting on Friday, June 20, 2014 at 11 :00 a.m. in Orlando.
Mr. Atwell thanked everyone involved in the successful project and presented a 1
page handout, which included a map and project description. He briefly commented on
the work performed by Marion County staff, noting the project was a culmination of
several phases of projects over the last 15 to 20 years and was designed to help
alleviate traffic congestion.
Projects & Programs - (1.B.) - Marion Soil & Water Conservation District
Supervisor Thomas Cartwright recognized Marion County School Teachers, Volunteer
of the Year and Youth Conservationist of the Year. He advised that the program's
Teacher of the Year award at the high school level was Jill Stevens, North Marion High
Book T, Page 563
June 17, 2014
School; Teacher of the Year award at the elementary school level went to Holly Yokum,
South Ocala and Belleview Santos Elementary Schools; Volunteer of the Year award
went to Emily Bishop, Belleview Middle School; and the Youth Conservationist of the
Year award went to Alice Bishop, Belleview Middle School.
County Employees/Projects & Programs - (1.C.) Health and Wellness
Coordinator Brittney Bruner, Risk & Benefit Services, presented the following
recommendation in regard to presentation of Certificates and Awards for the Florida
Walks Team:
Description/Background: From October 1,2013 to May 31, 2014, 23 employees
of various BCC and Constitutional Officer departments represented Marion
County in the first ever Florida Walks challenge, sponsored by the Florida Health
Department in partnership with the Florida Association of Counties. The
challenge consisted of a 242 day trek from Pensacola all the way down to Key
West, a total distance of 729 miles, against 70 teams made up of 67 counties
and 3 state departments throughout the state of Florida! Marion County's "Health
Happens" Wellness Coordinator, Brittney Bruner, coordinated the program and
encouraged participation throughout the eight month challenge.
Marion County consistently remained in first or second place throughout the
entire Challenge. The Challenge ended on May 31, 2014 with Marion County's
team in a close second with an average of 3,518,670 total steps!
Marion County Florida Walks Team
Angello, Vanessa
Heitmuller, Dean
McCain, Michael
Atwell, Don
Herbst, Lee
McClain, Stan
Bruner, Brittney
Hyde, Carrie
Rodriquez, Tirsa
Calvert, Kristen
Lychako, Beverly
Schwartz, Lee
Cauthen, Diana
Martin, Richard
Schwietert, JeriLynn
Crosby, Todd
Martinez, Jorge
Stoldt, Kenneth
Fiorello, Tim
Mauloni, Anthony
Weaver, Cheryl
Frye, Ne'Shay
Mason, Tana
Budget Impact: None.
Recommended Action: Board presentation of certificates and awards to Florida
Walks Team.
Ms. Bruner thanked team members for their hard work and dedication throughout
the challenge.
Projects & Programs - (1.0.) - Business and Communications Liaison Danielle
Damato Doty presented the following recommendation regarding the quarterly
performance update presentation by President/Chief Executive Officer (CEO) Kevin
Sheilley, CEP:
Description/Background: The Ocala/Marion County Chamber and Economic
Partnership (CEP) provides a monthly activity report and performance matrix to
the BCC. After receipt from the CEP, staff submits these reports for BCC review
under the Notation for Record portion of the BCC agenda. The most recent
reports from May 2014 are included under Notation for Record in today's agenda.
Additionally, Kevin Sheilley, President/CEO of the CEP has requested to
personally update the BCC regarding the CEP's quarterly performance and the
Power Plan Incubator.
Page 564, Book T
June 17, 2014
Budget/Impact: None.
Recommended Action: None. Presentation Only.
Mr. Sheilley provided a 2 page handout entitled, "CEP Performance Matrix 2014"
and a 4 page (double sided) handout entitled, "Power Plant Business Incubator". He
introduced Angela Busler, Director of the Power Plant and Ryan Lilly, Director of
Business Creation.
Ms. Busler addressed the Power Plant Business Incubator and provided a brief
history of the building. that housed the Plant. Built in 1916, the Power Plant allowed for
the electrification of the City of Ocala. Today the building was a business incubator for
startup companies with new ideas and real job growth potential.
Mr. Lilly advised that 80% or more of small businesses failed in the first 3 to 5
years; however, 84.7% of companies that go through the Business Incubator process
succeed in that same time span. He advised that there have been 8 graduates from the
Power Plant, noting all 8 businesses were continuing to operate in Marion County and
created approximately 80 new jobs. Mr. Lilly referred to the handout entitled, "Power
Plant Business Incubator" and noted there were currently 15 companies in the program,
several of w~lich were started by young entrepreneurs and within those 15 companies,
another 60 jobs had been created.
Ms. Busler advised that the City of Ocala obtained a United States Department of
Agriculture (USDA) Grant in the amount of $200,000, which was designed for expansion
of the Power Plant by producing 6 additional offices, as well as replacement of old
mechanical infrastructure (i.e., air conditioning units).
Mr. Lilly advised that accessing capital was the number one challenge for new
and growing small businesses, noting the Power Plant offered an opportunity for micro
loans up to $50,000 for working capital, supplies, etc. He invited residents to take a tour
of the Business Incubator.
Commissioner Moore questioned whether the Business Incubator was self
sustaining. Mr. Sheilley advised that the Power Plant covered its operating bills (electric,
water, maintenance, etc.); however, it did not generate enough to cover staffing costs.
In response to Commissioner McClain, Mr. Sheilley stated access to other types
of funding for the new businesses, outside of micro loans, were also being developed.
Projects & Programs - (2.A.1.) - Suzanne McGuire, Homeless Children Liaison,
addressed the "Stuff the Bus Campaign" and asked for the continued support of the
Board and Constitutional Officers. She advised that this was the program's twelfth year
and noted they would return on August 5, 2014 to collect items should the Board accept
the request. The program provided for school supplies and everything children needed
to start the school year.
Chairman Zalak advised that the general consensus of the Marion County Board
of County Commissioners (BCC) was to participate in the "Stuff the Bus Campaign".
County Property/Roads - (2.A.2.) - Roger Knechtel, SE 9yth Terrace Road,
Summerfield, addressed the Board in regard to recent articles in the Ocala Star Banner
newspaper regarding road safety and the lack of revenue to repair roads in Marion
County.
Commissioner Moore out at 9:32 a.m. and returned at 9:33 a.m.
Mr. Knechtel suggested the BCC sell County owned parcels to help generate
revenue.
Book T, Page 565
June 17, 2014
Chairman Zalak requested the County Administrator bring back more information
regarding County owned properties.
In response to Chairman Zalak, Assistant County Administrator of Public Works
and Growth Services Mounir Bouyounes, Office of the County Engineer, advised that
there were approximately 403 miles of poor or failed roads, noting the 80% Gas Tax
was the funding mechanism dedicated for road rehabilitation and generated
approximately $3.5 million annually.
Minutes - (3.A. and B.) - A motion was made by Commissioner Bryant,
seconded by Commissioner Moore, to adopt the meeting minutes of May 15 and 20,
2014. The motion was unanimously approved by the Board (5-0).
Legislature/Sheriff - (4.A.) - A motion was made by Commissioner McClain,
seconded by Commissioner Bryant, to approve the request of Sheriff Blair, Marion
County Sheriff's Office (MCSO), to expend $11,000 from the Law Enforcement Trust
Fund, as follows: $5,000 to the Marion County Children's Alliance to assist victims of
domestic violence; $5,000 to the University of Florida C.A. Pound Human Identification
Laboratory (CAPHIL), which had been valuable in helping the MCSO investigate cold
cases that involved conducting searches, recoveries and skeletal analyses on over 25
cases; and $1,000 to the National Law Enforcement Museum in Washington, DC. It was
noted that the request met requirements of Chapter 932 of the Florida Statutes and
there would be no recurring expenses in subsequent fiscal years. The motion was
unanimously approved by the Board (5-0).
Purchasing/Sheriff - (4.B.) - Sheriff Blair appeared to address the Board of
recent events, which he opined made it clear that the law enforcement community was
in dire need of a specially-designed tactical piece of heavy duty equipment called a
"Rook". The Rook had many design purposes in dealing with barricaded or hostage
situations that were becoming more commonplace events and further provided a much
higher level of security and protection for respective responding Special Weapons and
Tactics (SWAT) officers. In conjunction with Ocala Police Department (OPD) Chief Greg
Graham, he requested expending $255,000 from the Law Enforcement Trust Fund for
the immediate purchase of the RooK to better serve the citizens of Marion County, as
well as the needs of all law enforcement countywide.
Sheriff Blair advised that the funds would come from the Law Enforcement Trust
Fund at no cost to taxpayers. He clarified that the forfeiture funds came from seized
property. Sheriff Blair commented on the safety and tactical advantages provided by the
Rook.
A motion was made by Commissioner McClain, seconded by Commissioner
Bryant, to approve expending $255,000 from the Law Enforcement Trust Fund to
purchase the specially-designed tactical piece of heavy duty equipment called a "Rook".
The motion was unanimously approved by the Board (5-0).
Budgets/Resolutions - (5.A.1. through 12.) - Upon motion of Commissioner
McClain, seconded by Commissioner Bryant, the Board adopted the following Budget
Amendment Resolutions presented by Clerk Ellspermann:
1. 14-R-279 transferring $1,221,389 within the Rainbow Lakes Estates MSD
for the RLE MSTU for Road Construction.
Page 566, Book T
June 17,2014
2. 14-R-280 transferring $1,086,012 within the Rainbow Lakes Estates
MSTU for Road Improvements for contracted road construction.
3. The Budget Amendment Resolution transferring $13,450 within the
General Fund for Health was pulled for discussion in relation to Item 706.
4. 14-R-281 transferring $25,025 within the MSTU for Law Enforcement for
the Sheriff's Department - Patrol & CID.
the Law Enforcement MSTU.
the Sheriff's Department - Patrol & CID.
7. 14-R-284 transferring $4,765 within the General Fund for the Clerk to
County Commission.
8. 14-R-285 transferring $46,900 within the General Fund for the Animal
Services Department.
9. 14-R-286 transferring $50,000 within the General Fund for the Water
Resources Department.
10. 14-R-287 transferring $900 within the General Fund for the Planning and
Zoning Department.
11. 14-R-288 transferring $8,426 within the General Fund for the Facilities
Management Department.
12. 14-R-289 transferring $13,574 within the General Fund for Human
Resources Department.
(Ed. Note: RLE is the abbreviation of Rainbow Lakes Estates; MSD is the
acronym for Municipal Service District; MSTU is the acronym for Municipal Service
Taxing Unit; and CID is the acronym for Criminal Investigation Division.)
Budgets - (5.B.) - Clerk Ellspermann presented the proposed fiscal year (FY)
2014/2015 Budget.
Budget Director Michael Tomich presented a large spiral bound document
entitled, "Proposed Line Item Budget Fiscal Year 2014-15", and a binder entitled,
"Proposed Budget Fiscal Year 2014-15". He advised that the budget documents
included requested expenditures not only from County departments, but those of the
Constitutional Officers and outside agencies, as well as, any of the required
expenditures such as Medicaid costs, etc. Mr. Tomich noted each year the BCC
scheduled a series of budget workshops for purposes of review and adjustments to the
proposed annual budget for the upcoming fiscal year. He stated the maximum millage
rates were due to be set on or before August 4, 2014 and then 2 public hearings would
be set for adoption, which were tentatively scheduled for the evenings of September 11
and 25, 2014. Mr. Tomich advised that the budget documents, as well as, the workshop
schedule would be available on the Clerk's website at www.marioncountyclerk.org.
A motion was made by Commissioner Bryant, seconded by Commissioner
Moore, to accept the budget documents as presented. The motion was unanimously
approved by the Board (5-0).
Budgets - (5.C.) - Clerk Ellspermann presented the proposed 2014/15
2018/19 Capital Improvement Program (CIP) along with a small binder entitled,
"Proposed Capital Improvement Program Fiscal Year 2014/15 - 2018/19".
Mr. Tomich advised that the document served to provide the BCC with an
Book T, Page 567
June 17, 2014
overview of funding for Capital Improvement needs of the County over the next five
years. The CIP served only as a capital outlay funding plan and did not represent an
official appropriation of County funds.
Moore, to accept the Capital Improvement document as presented. The motion was
Budgets - (5.0.) - Clerk Ellspermann presented the detailed budget workshop
schedule for Monday, July 7; Tuesday, July 8; Wednesday, July 9; Thursday, July 10
and Monday, July 14, 2014. All of the following dates and times will be reserved for
budget workshops although the final schedule may not utilize all such times.
Monday, July 7,2014 (All Day)
Tuesday, July 8, 2014 (All Day)
Wednesday, July 9, 2014 (Morning)
Thursday, July 10, 2014 (Afternoon)
Monday, July 14, 2014 (Morning)
9:00
9:00
9:00
1:30
9:00
AM.
AM.
AM.
P.M.
AM.
-12:00 P.M. /1 :30 P.M. - 5:00 P.M.
- 12:00 P.M. /1 :30 P.M. - 5:00 P.M.
- 12:00 P.M.
- 5:00 P.M
- 12:00 P.M.
Moore, to approve the recommended dates and times for budget workshops. The
motion was unanimously approved by the Board (5-0).
Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the
Board acted on the Consent Agenda for Administration item 7.A.1., Dunnellon Airport
item 7.B.1., MSTU item 7.C.1., Procurement Services items 7.0.1. through 7., and
Transportation - County Engineer items 7.E.1. through 8., as follows:
Projects & Programs/Resolutions - (7.A.1.) - Accepted the following
recommendation from Assistant County Administrator of Administrative Services Bill
Kauffman to adopt Resolution 14-R-290 amending Resolution 13-R-048 relating to R+L
Carriers, Inc.'s qualifications as a target industry business:
Description/Background: On February 19, 2013 Resolution No. 13-R-048 for R+L
Carriers, Inc. was approved for an appropriation of up to $100,000 as Marion
County's local ten percent participation in the Florida Qualified Target Industry
Tax Refund Program (QTI).
On May 20, 2014, R+L Carriers, Inc. submitted a request to the Department of
Economic Opportunity for a one-year extension from their original 2013 reporting
date to a 2014 start date. DEO is requesting Marion County and the City of Ocala
to confirm their support of the R+L Carriers, Inc. QTI Certification prior to June
30, 2014. The City of Ocala has responded in agreement.
Upon approval, staff will notify DEO of Marion County's continued support of the
project, allowing R+L Carriers to proceed with a revised QTI Certification.
BudgeUlmpact: Neutral, expenditure of up to $100,000 as approved in FY 12/13
budget.
Recommended Action: Motion to approve the Amended Resolution relating to
R+L Carriers Inc.'s Qualification as a Target Industry Business with the
Department of Economic Opportunity.
Airports/Contracts & Agreements/Grants/Resolutions - (7.B.1.) - Accepted the
following recommendation from Airport Manager John Helms to adopt Resolution 14-RPage 568, Book T
June 17, 2014
291 approving the Joint Participation Agreement (JPA) with the State of Florida,
Department of Transportation (FDOT) for construction of the Airport Administration and
Customer Service Building:
Description/Background: The attached Joint Participation Agreement, (JPA),
provides 80% funding for the construction of a 3,500 sq. ft. building to include: a
lobby and greeting counter, Airport Manager office, two (2) additional offices,
conference room, pilot briefing room, restrooms, break area and installation of an
emergency generator, airport entrance monument sign, directional sign and a
new parking lot that will tie into the airport entrance road. The building and its
location will reduce vehicle and pedestrian traffic on aircraft movement areas
allowing for a safer and more secure airport environment.
BudgeUlmpact: Budget Impact - Neutral; FDOT Maximum participation amount
of 80%, not to exceed $608,000, has been approved in the current fiscal year
budget. Total estimated construction cost of $760,000 with $608,000 paid by
FDOT Aviation and $152,000 paid by Airport Authority Funds.
Recommended Action: Motion for Board approval of the Joint Participation
Agreement and attached Resolution; and authorization for the Chairman to sign
any related supplemental agreements and Clerk to execute the same.
(7.C.1.)
Accepted
Contracts & Agreements/Roads/Subdivisions
recommendation received from MSTU Director Myra Tedder to accept construction of
improvements for the EI Dorado Road Improvement Project pursuant to Bid No. 13B
227 and executed letter to Art Walker Construction, contractor, advising that the
Performance Bond or Letter of Guarantee would remain in effect through the warranty
period or until June 16, 2015.
Contracts & Agreements/Buildings & Grounds - (7.D.1.) - Accepted the
recommendation of Procurement Services Director Susan Olsen to approve and
execute the Project Amendment to the Agreement, upon approval by Legal, with ACA
Construction Group, LLC (Construction Manager), for the re-roof of Rotary Sportsplex,
Carney Island, Shocker Park and Heagy Burry Caretaker's Houses, Horseshoe Lake
Cabin 1 and the Reddick Health Department projects with an expenditure of $74,573
(up to a 10% contingency may be added to the Purchase Order), pursuant to Request
for Qualifications (RFQ) No. 09Q-013.
Contracts & Agreements/Projects & Programs - (7.D.2.) - Accepted the
recommendation of Procurement Services Director Olsen to approve and execute the
First Amendment to the Agreement, upon approval by Legal, with Spherion Staffing,
LLC (Contractor), for temporary labor services pursuant to Request for Proposals (RFP)
No. 13P-155. It was noted that the actual expenses would be dependent on each
departments needs with required funding established in the appropriate account(s).
Contracts & AgreementsNehicles (7.D.3.) - Accepted the recommendation of
Procurement Services Director Olsen to approve and execute the First Amendment to
the Agreement, upon approval by Legal, with iPlacement, Inc. doing business as (d/b/a)
Source2 (Contrator), for employee leasing services pursuant to Piggyback contract (PB)
No. 13PB-203. It was noted that the actual expenses would be dependent on each
departments needs with required funding established in the appropriate account(s).
Book T, Page 569
June 17, 2014
Contracts & AgreementsNehicles - (7.0.4.) Accepted the recommendation of
Procurement Services Director Olsen to approve and execute the First Amendment to
the Agreement, upon approval by Legal, with Stone Petroleum Products, Inc. (Supplier),
for motor oil with an estimated annual expenditure of less than $26,000 pursuant to PB
No. 14PB-034.
Jails/Utilities - (7.0.5.) - Accepted the recommendation of Procurement Services
Director Olsen, on behalf of Facilities Management, to approve the request to
standardize the sewage grinder located at the Marion County Jail for the Muffin Monster
Sewage Grinder, which would not exceed annual budgeted amounts, pursuant to
Standardization (ST) No. 14ST-113. It was noted that purchases exceeding $50,000
would be brought back for Board approval.
Contracts & Agreements/Projects & Programs - (7.0.6.) - The Board considered
the recommendation of Procurement Services Director Olsen regarding the Sixth
Amendment to the Agreement with the Marion County Children's Advocacy Center, Inc.
(d/b/a Kimberly's Center) pursuant to Contract No. 10C-050.
A motion of Commissioner Moore, seconded by Commissioner McClain, to
approve and execute the Sixth Amendment to the Agreement with the Marion County
Children's Advocacy Center, Inc. (d/b/a Kimberly's Center). The motion was
unanimously approved the Board (5-0).
Budgets/Resolutions - (5.A.3.) - A motion was made by Commissioner Moore,
seconded by Commissioner McClain, to adopt Budget Amendment Resolution 14-R-292
transferring $13,450 within the General Fund for Health. The motion was unanimously
approved the Board (5-0).
Contracts & Agreements/Purchasing - (7.0.7.) - Accepted the recommendation
of Procurement Services Director Olsen to approve and execute the contract
amendments with the following: a) Ciraco Underground, b) Commercial Industrial
Corporation (CIC), c) Croft Contracting, d) Eagle Underground, e) GWP Construction, f)
Hamlet Underground, g) Rainey Construction, h) Salser Construction and i) T&C
Underground for underground utility contractors pursuant to RFO No. 110-141; j) Art
Walker Construction Co., Inc., k) CIC, I) GWP Construction, m) Hamlet and n) Salser
Construction for miscellaneous road, rights-of-way (ROW) and drainage contractors
pursuant to RFO No. 120-064; 0) Ciraco, p) Croft, q) John L Finch Construction, r)
Magnum Construction, LLC, s) Papy Brothers, t) Pospiech Contracting and u) Rainey
Construction for additional miscellaneous road, ROWand drainage contractors
pursuant to RFO No. 130-019; v) A&A Trucking, w) Cross Construction, x) Cross
Environmental for demolition contractors pursuant to RFO No. 110-140; y) H&J
Landscape and z) ProScape for irrigation and landscaping contractors; aa) Mid State
Electric and bb) Stokes Electric for sports field lighting contractors pursuant to RFO No.
130-040; and cc) Ciraco Electric and dd) Central Florida Electric for Utilities electrical
contractors pursuant to RFO No. 120-011.
Contracts & Agreements/Roads - (7.E.1.) - Accepted the recommendation of
Assistant County Administrator of Public Works and Growth Services Mounir
Bouyounes, on behalf of the Office of the County Engineer, to approve and execute the
Page 570, Book T
June 17,2014
Purchase Agreement, as well as the Real Estate Purchase Addendum with Federal
National Mortgage Association (Fannie Mae), in the amount of $24,500, which included
$500 in closing costs, for Parcel No. 1558-001-014 associated with the NE 35 th Street
Road Improvement Project.
Contracts & Agreements/County Property/Deeds/Surplus Property - (7.E.2.)
Accepted the following recommendation of Assistant County Administrator of Public
Works and Growth Services Bouyounes, on behalf of the Office of County Engineer, to
approve and execute the Deed to Ronald William Woods, Charles Ralph Woods, Robert
Walter Woods, Richard Eugene Woods and William Reuben Woods, Grantees:
Description/Background: This is a request to approve the attached F.S. 125
Deed from Marion County to Ronald William Woods, Charles Ralph Woods,
Robert Walter Woods, Richard Eugene Woods and William Reuben Woods, the
heirs of Ralph Redding and Josephine M Redding. This parcel was deeded to
Marion County in 1962 to be utilized as a polling place and Marion County no
longer needs or uses this parcel for the stated purpose. In accordance with the
original deed to Marion County, the parcel shall revert back to the Grantor, their
heirs or assigns if use is discontinued for longer than one (1) year.
Recommended Action: Motion to approve the attached F.S. 125 Deed and
authorize the Chair and Clerk to execute the same.
Contracts & Agreements/Subdivisions - (7.E.3.) - Accepted the following
recommendation from Assistant County Administrator of Public Works and Growth
Services Bouyounes, on behalf of the Office of the County Engineer, to approve and
execute the Release of Subdivision Improvement Agreement with Pulte Home
Corporation, developer, Stone Creek by Del Webb - Arlington Pinnacles Phase V; and
authorize the Clerk's Office to release the Performance Bond in the amount of
$340,310.88 issued by Bond Safeguard Insurance Company:
Description/Background: This is a request to approve the Release of a
Subdivision Improvement Agreement with Surety Bond associated with Stone
Creek by Del Webb Arlington Pinnacles Phase V. The improvements were
inspected on January 11, 2011 and a Certification of Satisfactory Completion
letter has been sent to the Developer and the release will be recorded in the
Public Record for completion and satisfaction of the surety bond.
Recommended Action: Motion to adopt the attached Release and to authorize
the Chair and Clerk to execute the same.
Districts/Resolutions/Water - (7.EA.) - Accepted the following recommendation
of Assistant County Administrator of Public Works and Growth Services Mounir
Bouyounes, on behalf of the Office of the County Engineer, to adopt Resolution 14-R
293 supporting and authorizing staff to submit the application for local funding
assistance to With lacoochee Regional Water Supply Authority (WRWSA) for FY
2014/2015:
Description/Background: As a member of the With lacoochee Regional Water
Supply Authority (WRWSA), the Board is eligible to apply for Local Government
Water Supply Funding Assistance as a reimbursement for local water use
Book T, Page 571
June 17, 2014
efficiency programs. The grant will reimburse Lip to 50% of the dollars spent on
water use efficiency initiatives identified by the County. The requested amount of
cooperative funding for FY 2014-2015 is $32,350. To complete the application, a
Resolution is required which confirms that the Board will budget matching funds.
Background materials include a copy of the Resolution and the completed grant
application.
Budget/Impact: Budget Neutral; credit up to $32,350 ($26,250 in Grant Revenue
for Fund 001-2715 (Water Resources) and $6,100 in Grant Revenue for Fund
452-7140 [Utilities - Water Operations]).
Recommended Action: Motion to authorize the Chair and Clerk to execute the
attached WRWSA Water Supply Funding Assistance Resolution as presented
and to authorize staff to submit the application for Local Government Funding
Assistance to WRWSA.
Contracts & Agreements/Districts/Water - (7.E.5.) - Accepted the following
recommendation of Assistant County Administrator of Public Works and Growth
Services Bouyounes, on behalf of the Office of the County Engineer, to approve and
execute the Cooperative Funding Agreement (2) Between the Southwest Florida Water
Management District (SWFWMD) and Marion County for Village of Rainbow Springs:
Description/Background: This construction project is a joint effort by the County
and SWFWMD, to provide improved water quality treatment for stormwater
discharges to the Floridan aquifer system and to reduce flooding. The
improvements are generally described as Project 33 from the Stormwater Capital
Projects Prioritization Report (2013/2014).
The Village of Rainbow Springs Stormwater Retrofit Project is currently under
construction with an awarded construction cost of $370,480 including
contingency. This grant will reimburse 50% of the dollars .spent for construction
(up to a total reimbursement amount of $185,240).
Budget/Impact: Credit of up to $185,240 to the Grant Revenue Account 189000
33436010.
Recommended Action: Motion to approve and authorize the Chairman to sign the
agreement.
ResolutionslTraffic Control - (7.E.6.) - Accepted recommendation of Assistant
County Administrator of Public Works and Growth Services Bouyounes, on behalf of the
Office of County Engineer, to adopt Resolution 14-R-294 terminating the existing fifty
five (55) mile per hour (mph) speed limit and establishing a forty-five (45) mph speed
limit on NE Jacksonville Road from 50 feet south of NE 3th Lane to 600 feet north of
NE 45 th Place and from 170 feet south of NE 53 rd Street to 1200 feet north of NE 63 rd
Street.
ResolutionslTraffic Control - (7.E.7.) - Accepted recommendation of Assistant
Office of County Engineer, to adopt Resolution 14-R-295 terminating the existing thirty
(30) mph speed limit and establishing a twenty (20) mph speed limit on SE 134th
Avenue from SE Sunset Harbor Road to SE 15th Lane.
Page 572, Book T
June 17,2014
Deeds/Rights-of-Way/Roads - (7.E.8.) - Accepted recommendation of Assistant
Office of County Engineer, to accept the Quit Claim Deed from the Stonecrest Center
Owners Association, Inc. associated with the Stonecrest Center Municipal Service
Benefit Unit (MSBU) project:
Description/Background: This is a request to approve and accept a Quit Claim
Deed from Stonecrest Center Owners Association, Inc., a Florida non-profit
corporation to Marion County, a political subdivision of the State of Florida
associated with the MSBU for SE 109 Terrace from SE 176 Place Road to its
end, SE 174 Place from US 441 to SE 109 Terrace Road, SE 175 Place from US
441 to SE 109 Terrace Road and SE 172 Street from US 441 to SE 109 Terrace
Road. The Office of the County Engineer recommends approval and acceptance
of the right of way and roadways described within the Quit Claim Deed.
Budget/Impact: None
Recommended Action: Motion to approve and accept the attached Quit Claim
Deed from Stonecrest Center Owners Association, Inc., a Florida non-profit
corporation to Marion County, a political subdivision of the State of Florida.
Contracts & Agreements/Utilities - County Attorney Matthew G. Minter presented
a status report regarding the acquisition of Windstream Utilities. He advised that last
week staff attempted to complete the closing relating to the acquisition of Windstream
Utilities; however, at the last minute, the seller requested additional terms be included in
the Agreement, which staff found problematic. Mr. Minter advised that the Board had 3
options to consider: 1) take the contract to Court and seek specific performance of that
signed agreement; 2) walk away from the deal; or 3) continue negotiations with the
seller. He noted it was staff's recommendation to allow more time for the acquisition
terms to be addressed and resolved.
Chairman Zalak advised that in exchange for approving the seller's additional
terms, the County could seek a lower purchase price. He stated the seller was
attempting to mitigate its tax ramifications as it related to the sale of the utility.
Mr. Minter opined that staff could work through the details.
In response to Commissioner McClain, Mr. Minter stated staff would need the
services of Bond Counsel in order to allow for tax exempt financing.
It was the general consensus of the Board to allow the Chairman and staff to
continue negotiations in order to achieve acceptable acquisition terms with the seller of
Windstream Utilities.
Animal Control/Projects & Programs - (Walk-On) - A motion was made by
Commissioner McClain, seconded by Commissioner Bryant, to consider the Walk-On
Item presented by County Administrator Lee A. Niblock regarding a pilot project as it
related to Marion County Animal Services. The motion was unanimously approved by
the Board (5-0).
Public Information Officer Elaine McClain, Office of Public Information, advised
that the County's Animal Center was an open admissions shelter that accepted any
animal that came to its door. She noted summertime was a very busy time for shelters
and the number of cats and kittens coming into the shelter skyrocketed all over the
Country. Ms. McClain commented on a program implemented in other areas that
reduced adoption fees for cats and kittens during the summer months. She requested
Book T, Page 573
June 17, 2014
the Board allow Marion County Animal Services to offer an Adopt a Shelter Cat Summer
program; thereby offering a reduction in adoption fees through the end of July 2014. Ms.
McClain noted standard adoption policies would still apply to ensure the animals went to
good homes.
Chairman Zalak opened the floor for public comment.
Roger Knechtel, SE 9yth Terrace Road, Summerfield, opined that the normal
adoption rate of $40 could be an obstacle for many citizens.
In response to Chairman Zalak, Ms. McClain stated the adoption fees covered
the cost of a rabies vaccine, county license, microchip and spay/neuter surgery for the
pet.
Chairman Zalak advised that the public comment portion was now closed.
A motion was made by Commissioner Moore, seconded by Commissioner
McClain, to approve the request for a reduction of adoption fees from $40 to $5 for cats
and kittens from the Marion County Animal Services for a trial period ending July 31,
2014. The motion was unanimously approved by the Board (5-0).
Parks & Recreation/Projects & Programs - County Administrator Niblock
presented an update regarding the Carney Island Citrus Grove, which was previously
maintained by MCSO. He noted staff had reviewed several options including
professional management, possible Interlocal Agreement with the Future Farmers of
America (FFA) organization, the 4-H Club, etc. Mr. Niblock stated there had been
interest shown by non-profit and private sector organizations in regard to taking over the
citrus growing responsibilities.
Commissioner McClain suggested the Board allow staff to contact the University
of Florida (UF) to review the groves to determine their condition, noting there may be a
potential for some good citrus production. He requested staff contact MSCO to find out
how many boxes of oranges were produced over the last 5 years.
Chairman Zalak agreed that a value analysis would need to be performed. It was
the general consensus of the Board to concur.
Advisory Committees - (1 O.A.) - Clerk Ellspermann advised that the applicant for
the License Review Board received the appropriate votes.
Moore, to appoint Ronald Gaylord, Sr. as an alternate member of the License Review
Board to serve an unexpired term ending in November of 2017. The motion was
Advisory Committees/Hospitals - (10.B.) - Clerk Ellspermann announced the
results of the Commissioners' ballots for the Marion County Hospital District (MCHD)
Board of Trustees.
McClain, to appoint H. Randolph Klein, Samuel M. McConnell, III, and Dr. Ram
Vasudevan to serve as members on the MCHD Board of Trustees for 4 year terms.
Commissioner McClain requested that Mr. McConnell and Dr. Vasudevan be
allowed to begin serving their terms immediately to fill the open positions, noting Mr.
Hanratty would continue to serve as a Trustee until his term expired in July, at which
time Mr. Klein would begin his term.
The motion, as amended, was unanimously approved by the Board (5-0).
Page 574, Book T
June 17, 2014
Advisory Committees/Resolutions - (10.0.) - A motion was made by
Commissioner McClain seconded by Commissioner Moore, to adopt Resolution 14-R
296 creating the Golden Hills Turf and Country Club MSTU for Road Improvements
Advisory Council; and authorized advertising for applicants. The motion was
unanimously approved by the Board (5-0). Resolution 14-R-296 was entitled:
RESOLUTION ESTABLISHING THE GOLDEN HILLS TURF AND
COUNTRY CLUB MUNICIPAL SERVICE TAXING UNIT FOR ROAD
IMPROVEMENTS
ADVISORY
COUNCIL;
PROVIDING
FOR
MEMBERSHIP AND TERMS; FOR MEETINGS OF THE ADVISORY
COUNCIL; FOR VACANCIES; PROVIDING FOR OFFICES; FOR
DUTIES OF THE COUNCIL; AND REPEALING PRIOR RESOLUTIONS.
Advisory Committees - (10.C.) - A motion was made by Commissioner Bryant,
seconded by Commissioner Moore, to ratify the appoint of Tim Cowart to serve on the
Public Safety Coordinating Council (PSCC) in the seat designated for a representative
of a substance abuse treatment program. The motion was unanimously approved by the
Board (5-0).
Projects & Programs - (11.A.) - The Board considered the request to schedule a
Ribbon Cutting Ceremony of the outdoor fitness area and walking trail on Friday, June
27,2014 at 9:00 a.m.
Commissioner Bryant requested Agenda Items 11A, 11 Band 11 C be
rescheduled to Thursday, June 26,2014, noting a public hearing was already scheduled
for that date. She recommended the Ribbon Cutting Ceremony be held at 9:00 a.m. and
the 2 closed meetings could be held immediately following the public hearing scheduled
for June 26 th at 10:00 a.m.
Mr. Niblock stated he would meet with Executive Assistant Teresa Darnell,
Commissioners Office, to verify that all Commissioners would be available.
(Ed. Note: This matter was again discussed later in the meeting.)
Insurance/Suits - (11.B.) - The request to schedule and advertise a closed
meeting to discuss settlement negotiations and/or litigation strategy in the case of
Michael Meginley vs. Marion County was addressed later in the meeting.
Insurance/Suits - (11.C.) - The request to schedule and advertise a closed
meeting to discuss settlement negotiations and/or litigation strategy in the case of
James Hooker vs. Marion County was addressed later in the meeting.
Advisory Committees/Districts/Water - (11.0.) - A motion was made by
Commissioner Moore, seconded by Commissioner Arnett, to appoint Commissioner
McClain to serve as the Commission designee on the St. Johns River Alliance Board.
Cornmissioner McClain advised that St. Johns River Alliance Board meetings
were scheduled for July 24, September 25 and November 13, 2014, which would be
held in Palatka, Florida and requested approval to attend those meetings.
Moore, to approve out of County travel for Commissioner McClain to attend the St.
Book T, Page 575
June 17, 2014
Johns River Alliance Board meetings. The motion was unanimously approved by the
Board (5-0).
Projects & Programs/Insurance/Suits - (11.A., 11.B. and 11.C.) - Mr. Niblock
advised of a conflict with the proposed date of Thursday, June 26, 2014, noting he
would bring back another date.
(Ed. Note: This matter was again discussed later in the meeting.)
Clerk/Supervisor of Elections - (12.A.1.) - Commissioner Arnett commented on
the June 3, 2014 BCC meeting, where the Board approved the request of current
Supervisor of Elections Wesley Wilcox to name the Supervisor of Elections building the
"Dee Brown Supervisor of Elections Building" in honor of Former Supervisor of Elections
Dee Brown who served from 1986 through 2012. He stated after further discussion, Mr.
Wilcox advised that it was not his intention to name the building, per se, but rather to
place a plaque inside the building in her honor. Commissioner Arnett suggested a
plaque also be placed in the Supervisor of Elections building in honor of Former
Supervisor of Elections Helen McNeal who served from 1973 to 1986.
A motion was made by Commissioner Arnett, seconded by Commissioner
McClain, to consider the request to place plaques inside the Supervisor of Elections
building.
Chairman Zalak clarified the plaques would be in place of renaming the building.
Commissioner Arnett concurred.
There being none, Chairman Zalak advised that the public comment portion was
now closed.
McClain, to approve the request to place plaques inside the Supervisor of Elections
building in honor of Former Supervisors of Elections Dee Brown and Helen McNeal. The
Mr. Niblock advised that he would meet with Mr. Wilcox to arrange the
appropriate action. He questioned whether the cost to purchase the plaques would
come from the Reserve for Contingency Fund. Commissioner Arnett opined it should
come out of the Supervisor of Elections budget. It was the general consensus of the
Board to concur.
Clerk - (12.A.2.) - Commissioner Arnett congratulated Clerk Ellspermann's wife
Jayne Ellspermann on being named Principal of the Year by the Florida Association of
School Administrators (FASA). He noted Ms. Ellspermann would represent Florida in
the 2015 National Principal of the Year competition.
Advisory Committees/Hospitals - (12.A.3.) - Commissioner McClain addressed
the 'recent BCC workshop held to interview applicants for the Marion County Hospital
District (MCHD) Board of Trustees. He commented on the extremely high quality of
applicants, noting it had been a very difficult decision for the Board to make.
Judicial Center - (12.A.4.) - Commissioner McClain advised of a request to
honor retired Marion County Judges, noting it would be appropriate for a plaque to be
Page 576, Book T
June 17,2014
placed in the Courthouse in their honor. He noted a Courtroom could also be named in
honor of Judges.
In response to Commissioner McClain, Clerk Ellspermann advised of the
possibility of utilizing a large plaque and adding the Judges names as they retired. He
stated he would bring back a list of the names of retired Judges for Board consideration.
It was the general consensus of the Board to concur.
Mr. Niblock stated he would work with the Clerk to develop a policy regarding the
matter.
Commissioners/Legislature - (12.A.5.) - Commissioner Moore thanked the
community for the continued prayers and support for his family.
Commissioner Moore commented on the County's lobbying firm as well as
County departments that had staff travel to Tallahassee to lobby on their behalf, noting
he recently requested the County Administrator bring back information as to the cost of
those lobbying services versus the return on investment (ROI).
Commissioner McClain noted lobbying was not always about asking for money,
which could make it difficult to determine the ROI.
Chairman Zalak questioned how much time was allotted for staff to travel to
Tallahassee in regard to Association meetings, lobbying efforts, etc. Mr. Niblock advised
that the Library Director was a member of the Florida Library Association, which held its
annual meeting in Tallahassee to address State funding issues. He noted Extension
Services Director David Holmes spent quite a bit of time in Tallahassee representing
Marion County and the University of Florida/Institute of Food and Agricultural Science
(UFIIFAS) program.
Chairman Zalak addressed the matter from a Policy standpoint, noting it was
important that staff was representing the policies of the BCC and not those associated
with their organization. He advised that anytime staff was advocating as an employee of
Marion County, those items or policies should first be approved by the Board.
Mr. Niblock stated as the County Administrator he was responsible for those
employees and was quite comfortable that staff was not advocating for anything
contrary to the Board.
General discussion ensued.
It was the general consensus of the Board to direct staff to bring back the
information requested by Commissioner Moore prior to the upcoming budget
workshops.
Commissioners - (12.A.6.) - Commissioner Bryant thanked the Board for
allowing her to attend the National Association of Counties (NACo) Leadership Institute
in Washington, DC as a representative of the Florida Association of Counties (FAC).
GrantsNeterans - (12.A.7.) - Chairman Zalak invited everyone to support its
veterans as Marion County hosted a community rally in an effort to have a State
Veterans Nursing Home come to Marion County. The event would take place at the
proposed site at On Top of the World (OTOW) and everyone was encouraged to attend
the upcoming event scheduled for Friday, June 20, 2014 at 9:30 a.m. at the northeast
corner of SW 80 th Street and SW 80th Avenue. He advised that the facility would be
financed by the Florida Department of Veterans Affairs (FDVA) at 65% and 35% public
and/or private funds. This facility would employ approximately 190 healthcare personnel
Book T, Page 577
June 17, 2014
and have an annual operating budget of $7,000,000. Capital investment by the State of
Florida would be $17,000,000 for this state-of-the art, 120-bed nursing home facility.
Currently, there were only six Veterans Nursing Homes in the State of Florida.
Chairman Zalak requested Board support in committing $500,000 in order to
make the proposal as competitive as other counties. He advised that the funding would
come in the form of an Economic Development Financial Incentive Grant (EDFIG).
Bryant, to consider the request by Chairman Zalak to utilize EDFIG funds for the project.
In response to Commissioner McClain, Mr. Niblock advised that the BCC
budgeted $1.2 million annually to Economic Development Incentive Grant (EDIG) and
EDFIG projects, noting very little of those funds had been expended this year.
Clerk Ellspermann commented on tile EDFIG funds previously awarded to
CitraPac, Inc., which had voluntarily withdrawn from the grant award. Chairman Zalak
directed staff review the matter and bring back more information and recommendations.
There being none, Chairman Zalak advised that the public comment portion was
now closed.
Bryant, to authorize the Chairman and staff to move forward with the appropriate
paperwork to include the commitment of $500,000 in EDFIG funds as an addendum to
the original application for the FDVA State Veterans Nursing Home Program. Tile
Commissioners - (12.B.) - The Chairman acknowledged receipt of the
Commission calendar covering the period of June 16 through July 24, 2014.
Legislature - (12.C.1.) - Carl Crabtree, NW 115th Avenue, addressed the
lobbying process. He questioned whether any of the funds were going to the US
Chamber of Commerce in Washington DC.
Chairman Zalak advised that the Board provided the CEP with a certain amount
of funds each year and a portion of those funds went to the Business Incubator and a
portion went to the CEP.
Mr. Crabtree recommended County funds be utilized in Marion County and not
the US Chamber of Commerce.
Chairman Zalak stated staff would review the matter and bring that information
back to the Board.
Communications - (13.) - For information and record, the Chairman
acknowledged receipt of the following Notation for Record correspondence, items A and
B from County Administrator Niblock, and items C through D from Clerk Ellspermann:
County Administrator:
A. County Administrator Informational Items:
1. Present Growth Services Department and One Stop Shop
Customer Service Center Monthly Report for March 2014.
2. Present Growth Services Department and One Stop Customer
Service Center Monthly Report for April 2014.
Page 578, Book T
June 17,2014
3. B. C. D. Present Monthly Performance Matrix and Activity Report for the
Ocala/Marion County Chamber and Economic Partnership for May
2014.
General Informational Items:
1. Marion County Health Department - For the latest edition of
'Marion
Scripts',
visit
the
website
at
http://www.doh.state.fl.us/chdMarion/services/newsletters.html.
2. Present outside counsel fees.
3. Present Alcalde & Fay's Grant Alert for Local Governments - May
23,2014.
4. Present letter from Florida Department of Transportation re US 27
Section 36010 - May 12, 2014.
Clerk Ellspermann:
1. Present regular report of utilization for Reserve for Contingencies.
2. Present Monthly Report for the Building Department Budget and
Actual.
3. Present memorandum from David R. Ellspermann, Clerk of Circuit
Court and Comptroller, regarding the filing of Ordinances 14-11
(Rainbow River), 14-12 (Paradise Farms MSBU for Roadside
Mowing), 14-13 (Stonecrest Center MSBU for Road Maintenance),
14-14 (Grey Oaks MSBU for Road Maintenance), 14-15 (Small
Scale Amendment to the Marion County Comprehensive Plan) 14
16 (Zoning) and 14-17 (Golden Hills Turf & Country Club MSTU for
Road Improvements) with the Secretary of State's Office.
4. Present the Acquisition or Disposition of Property Forms
authorizing changes in status, as follows: 12954, 33449, 33450,
33451, 33452, 33453, 33454, 37020, 44455, 44666, 44972 and
45007.
5. For the months ended April 30, 2014 and May 31, 2014 a list of
checks drawn on Commission accounts, pursuant to Chapter
136.06, Florida Statutes, are located at the following website
address:
http://www.marioncountyclerk.org/public/index.cfm?Pg==boardcheck
registers.
6. Present homesteaded parcel which the County may purchase
(within 90 days from 05/21/2014) for the opening bid amount,
pursuant to Chapter 197.502(6)(C), Florida Statues and 12D
13.063(5)(2) of the Florida Administrative Code.
Present for information and record, minutes and notices received from the
following committees and agencies:
1. Board of Adjustment (BOA) - May 5,2014.
2. Land Development Regulation Commission (LDRC) - May 21,
2014.
3. Parks & Recreation AdviSOry Council (PRAC) - March 19,2014.
4. Planning & Zoning Commission - April 28, 2014.
5. Southwest Florida Water Management District (SWFWMD) - For
minutes
and
agendas,
visit
the
website
at
http://www.WaterMatters. org.
Book T, Page 579
June 17, 2014
6. 7. 8. St. Johns River Water Management District (S..IRWMD) - For
minutes
and
agendas,
visit
the
website
at
http://www.floridaswater.com.
Transportation Planning Organization (TPO) - For minutes and
agendas, visit the website at http://www.ocalafl.org/tpo.
With lacoochee Regional Water Supply Authority (WRWSA) - For
minutes and agendas, visit the website at http://www.wrwsa.org.
There was a recess at 10:30 a.m.
The meeting reconvened at 2:01 p.m. with all members present, except
Commissioner Bryant.
Comrnissioners - Chairman Zalak noted the Board had a couple of
housekeeping items to address from this morning's meeting prior to zoning. Assistant
County Administrator of Public Safety M. Stuart McElhaney addressed the 3 items
under Notation for Action (11A, 11 Band 11 C), which were originally requested to be
scheduled for Friday, June 27, 2014 at 9:00 a.m., 10:00 a.m. and 10:30 a.m.,
respectively. He advised that Executive Assistant Teresa Darnell, BCC, spoke to
Commissioner Bryant who stated she would be able to appear. Mr. McElhaney stated
the dates could not be rescheduled since other attorney's were involved. He advised
that they were now back to the original dates and times as requested.
Commissioner Bryant arrived at 2:02 p.m.
In response to Chairman Zalak, Corn missioner Bryant stated the dates and times
were fine.
Projects & Programs - (11.A.) - A motion was made by Commissioner McClain,
seconded by Commissioner Bryant, to schedule a Ribbon Cutting Ceremony of the
outdoor fitness area and walking trail on Friday, June 27, 2014 at 9:00 a.m. The motion
was unanimously approved by the Board (5-0).
Resolutions/Suits - (11.B.) - A motion was made by Commissioner McClain,
seconded by Commissioner Bryant, to schedule and advertise a closed meeting
pursuant to Florida Statute (F.S.) 286.011 (8) on Friday, June 27, 2014 at 10:00 a.m. to
discuss settlement negotiations and/or litigation strategy in the case of Michael
Meginley vs. Marion County. The motion was unanimously approved by the Board (5-0).
Resolutions/Suits - (11.C.) - A motion was made by Commissioner McClain,
seconded by Commissioner Bryant, to schedule and advertise a closed meeting
pursuant to Florida Statute (F.S.) 286.011 (8) on Friday, June 27, 2014 at 10:30 a.m. to
discuss settlement negotiations and/or litigation strategy in the case of James Hooker
vs. Marion County. The motion was unanimously approved by the Board (5-0).
Roads - Chairman Zalak commented on the significant outcry from his District in
regard to Jacksonville Road. As an update, he advised that a lot of trees were removed
by the utility company. In speaking with the neighbors and working with Duke Energy in
regard to mitigation they were able to protect one area of trees as you came into
Anthony; however, some trees were taken down that was outside of the permit. County
Page 580, Book T
June 17, 2014
staff put together some mitigation numbers for Chairman Zalak in order for him to
properly deal with Duke Energy to mitigate some of the loss.
Ordinances/Zoning - (14.) - Deputy Clerk Bonvissuto presented Proof of
Publication No. A000826597 entitled, "Notice of Intention to Consider Adoption of an
Ordinance" published in the Star Banner newspaper on June 3, 2014. The Notice stated
the Board would consider adopting an ordinance approving zoning changes and Special
Use Permits.
Also present were: Assistant County Administrator of Public Works & Growth
Services Mounir Bouyounes, Growth Services Director Gregory Stubbs, Planning &
Zoning Manager Sam Martsolf, Planner II Natalia Cox, Planning Technician II Andrew
Serrano, Administrative Staff Assistant Stephanie Soucey, Staff Assistant Patricia
Marino and County Attorney Matthew G. Minter.
Ordinances/Zoning - (14.A.) - Planning & Zoning Manager Sam Martsolf advised
that the four (4) petitions listed on the consent agenda were recommended for approval
by both the Planning Division and the Planning & Zoning (P&Z) Commission. He stated
the consent agenda items would be acted on in one motion, as follows:
ITEM NO.
OWNER'S NAME
1. 140601Z Robert J. Burke
2. 140603Z French E. Hodges
3. 140606SU Ashley Farms Golf and
Country Club
4. 140513SU Nina Russom, LLC
FROM-TO B-2 to RR-1
M-1 to B-4
Special Use Permit in a PUD
1.04
2.13
2.37
Special Use Permit in 8-2
0.87
Motion was made by Mr. Gaekwad, seconded by Mr. Stacy, to agree with staff's
findings and recommendation, and recommend approval of the remaining
Consent Agenda items (140601Z, 140603Z, 140606SU, and 140513SU), 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 0 with Mr. Jinks abstaining because of a conflict of interest with item 140606SU. Chairman Zalak opened the floor to public comment. There was no public comment. Chairman Zalak advised that the public comment portion was now closed. Chairman Zalak inquired as to what was located next to Item 14A4 by Nina Russom, LLC in regard to the car lot. Mr. Martsolf advised that the Special Use Permit
was for used car, camper and motorcycle sales, noting the fence company was located
next door in a B-5 zone and also had some outside storage.
Commissioner McClain noted that Mr. Hodges (Item 14A2) was a relative of his
wife and inquired if he needed to abstain from voting although he had no personal gain
or involvement in the property. Mr. Minter concurred since the applicant was an
Uncle/family relative. Chairman Zalak advised that Item 14A2 by French
Hodges
would be pulled from the Consent Agenda and acted on separately.
A motion was made by Commissioner Moore, seconded by Commissioner
McClain, to approve consent agenda items 14.A.1., 14.A.3 and 14.A.4., based on
Planning Division staff and the P&Z Commission findings and recommendations that the
Book T, Page 581
June 17,2014
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 - (14.A.) - 1. - (P&Z Commission 140601Z - Consent) - The Board
granted a petition by Brett & Cynthia Burke and Robert & Dorothy Burke
(owners/applicants), 17930 S. Highway 25, Weirsdale, FL, requesting a Zoning Change,
Articles 1, 2 and 4, of the Marion County Land Development Code, from B-2 to RR-1 on
approximately 1.04 acres of Parcel Account Nos. 50063-001-03 and 50063-001-02.
Resolutions/Zoning - (14.A.) - 3. - (P&Z Commission 140606SU - Consent)
The Board adopted Resolution 14-R-297 granting a petition by Ashley Farms Golf &
Country Club Master Association/Ocala 623 Land Development, LLC/Oscar D. Harper
(owners/applicants), 19800 McArthur Boulevard, Suite 700, Irvine, CA, requesting a
Special Use Permit, Articles 1, 2 and 4, of the Marion County Land Development Code
for temporary signage in a PUD zone on approximately 1.73 acres of Parcel Account
No. 13688-200001. Resolution 14-R-297 contained the following Conditions:
1. The sign shall not exceed the square footage, height and general location
as shown on the conceptual site plan.
2. The sign shall be limited to advertising of the Trilogy at Ocala Preserve
development only.
3. The Special Use Permit shall run with Trilogy at Ocala Preserve
development, Ocala 623 Land Development LLC/Ashley Farms Golf &
Country Club Master Association, and not with the property.
4. The Special Use Permit shall expire and the sign removed by February
28 th , 2015.
Resolutions/Zoning - (14.A.) - 4 - (P&Z Commission 140513SU - Consent)
The Board adopted Resolution 14-R-298 granting a petition by Nina Russom, LLC
(owner) I Margit Crabtree (applicant), 13900 CR 455 #107-113, Clermont, FL,
requesting a Special Use Permit, Articles 1, 2 and 4, of the Marion County Land
Development Code for used car, camper and motorcycle sales in a B-2 zone on
approximately 0.84 acre of Parcel Account No. 4511-001-000. Resolution 14-R-298
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. Ingress/egress to the site shall be limited to E. Highway 25 via a paved
driveway apron suitably permitted by the Office of the County Engineer.
3. The vehicle display area shall be located along the eastern portion of the
site consistent with the submitted conceptual plan.
4. A maximum of 20 vehicles in aggregate (cars, recreational vehicles,
motorcycles) shall be displayed on the subject property at any time.
5. No Loud speaker activities shall take place on-site.
6. The southern and western boundary of the site shall be buffered with a
continuous Modified Type B Buffer (20' wide and an opaque vinyl privacy
fence, a minimum 6' in height, may be provided in lieu of a buffer wall).
Page 582, Book T
June 17,2014
7. 8. 9. 10. 11. A Type C Buffer shall be provided and maintained along the northern
boundary, along E. Highway 25.
Any security lighting provided shall not exceed 15' in height, and shall be
planned and shielded consistent with the LDC commercial lighting
requirements, including, but not limited to, not casting light directly offsite.
Any refuse containers provided shall be screened from public view.
The Special Use Permit will run with the owner/agent(s) Nina Russom,
LLC and Margit Crabtree) not the property.
The Special Use Permit shall expire on June 17, 2017. The applicant may
submit a new Special Use Permit Application for consideration to renew
and extend this permit in the future.
Zoning - (14.A.) - 2. - (P&Z Commission 140603Z - Consent) - A motion was
made by Commissioner Arnett, seconded by Commissioner Moore, to grant the petition
by French E. Hodges (owner) / Concept Development, LLC & Concept Construction of
North Florida, Inc. (applicants), 5711 NE 25 th Avenue, Ocala, FL, requesting a Zoning
Change, Articles 1, 2 and 4, of the Marion County Land Development Code from M-1 to
B-4 on approximately 2.13 acres of Parcel Account No. 29881-000-00.
Commissioner McClain advised that he would recuse himself as the applicant
was his wife's Uncle and he would prepare the appropriate paperwork.
The motion was approved by the Board by a vote of 4-0, with Commissioner
McClain abstaining.
(Ed. Note: Form 8B appears on the following 2 pages.)
**REMAINDER OF PAGE INTENTIONALLY LEFT BLANK**
Book T, Page 583
June 17, 2014
FORM 8B MEMORANDUM OF VOTING CONFt.ICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
COUNTY
U OTHER LOCAL AGENCY
K-~00
U APPOINTIVE
WHO MUST FILE FORM SS
ThiS form is lor use by any person serving at the county, city, Dr other local ievel of government on an appointed G{ elected board. council
commissio[\ authority. or committee It apples to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under SectiDn 112.3143, Florida Statutes,
Your responsibili:ies under the law when faced with votrng on a measure 1n which you have a conflict of Interest will vary greatly depenting
on whemer you hold an elective Of appointive position, For thiS reason, please ;lay close attention to the Instructicns on this form before
completing and liling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112_3143, FLORIDA STATUTES
A person holding elective or appointive county. muniCipal, or olher local publiC office MUST ABSTAIN from voting on a measure which
would Inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a rreasure which would inure to the special gain or loss 01 a principal (other Ihan a governmert agency) by whom he or she is retailled
(Includmg the parent SUbsidiary. or Siblirg organization of a prinCipal by which he or she IS retained) to the special private gain or loss of a
a buSiness associate, Commissioners of community redevelopment agencies (eRAs) under
relative or to the special pnvate gain or loss
Sec. 163,356 or 163357. F S .. an::! officers of Independent speCial tax dislricts elected on a one-acre. one-vote basis are not prohibIted
from voting in that capacity.
or
For purposes of this law, a relative" i~cludes only the officer's father. mother, son, daughter, husband wife, brother. sister. father-in-law,
mother-In-law. son-in-law, and daughter-In-law A 'business assoclale' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, loint venturer. coowner of property, or corporate sharehoider (where the shares of Ihe corporal'on
are not listed on any na:ionai Of regional stock exchange),
ELECTED OFFICERS:
In addition to abstaining from voting In the Situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly Slating to ihe assembly the nature of your interest in the measure on whiCh you are
abstaining from voting 8/10
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filng this form with the person responsible for recording the
minutes of the meeting who should incorporate the form III Ihe minutes,
APPOINTED OFFICERS:
Although you must abstain from voting In the SItuations descflbed above, yOll are not prohibited by Section 1123143 from otherwise
partiCipating In these matters, However, you must disclose the nature of the connict before making any attempt :0 influence the decision.
whether orally or in writing and whether made by you or at yo~r directIOn.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN
You must complete and file this form (before making any atlempt to inOuence the deCision) with lhe person responsible for recording the
minutes of the meeting. who will incorpor~te the form on the minutes. (Continued on page 2)
CE cORM 8B . EH '112013
Adopled by refe'&'"IC€ "' Rule 3~-7 a1 Oil ).f!. FAr:
Page 584, Book T
PAGE 1
June 17, 2014
APPOINTED OFFICERS (continued)
A copy of the form must be provIded immediately to the other members of the agency The form must be read pubhcly at Ihe next meeting after the form is fried IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING
You must diSClose orally the nature of your GonHJC1 In the measure be'ore participating
You must complete the form and file it withm 15 days after the vote occurs with the person responsIble for recordIng the minutes of the
meet:ng, who must incorporate the Form in the minutes. A copy of the fOI m must be provided Immediately to the other membars of the
agency and the form must be read publicly at the next meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER'S INTEREST
- =~-"'t.Al:.P=-=: : ,~_ _ _ _ _ .
I._""S-=::...t'l'!:-w"'--------'M--'-'-_(
hereby disclose that on_---=l...,,,"'--+1-1[_1+-_ _ _ _ _ _ _ _ , 20
1<f
(a) A measure came or will come before my agency whIch (Check one or 1I10re)
inured to my special private gam or loss,
Icuree to :he special gain or lOSS of cny bUSiness associate. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. / inured to the special gain or loss of n'ly relallve, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
inured to the special gain or loss of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
by
whom I am retained: or
inured 10 the soecial gain or loss of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . which
is the parent subsidiary. or Sibling organization or subsidiary 01 a principal which has retained me.
(0) The measure before my agency and the nature of my conflictmg interest in the measure is as follows
7o~-:C~~ ~",~~. "F~~-\ I'\cD$..cs I~ ky iv:rf.t~ O~ Q.£ .
If disclosure of specIfic information would VIolate confIdentiality or pnvllegs pursua"t to law or rules governing aUorneys a public officer.
who is also an attorney. may comply with the dIsclosure requirements of this sectior by disclosing the nature of the interest In such a way
as to provide the public with notice of the conflict.
ul \'1 Ill{
Date Filed
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAilURE TO MAKE ANv REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY \JOT TO EXCEED $10,000.
PAGE 2
Cf FORM 86 ' EFF 1112013
Adopted by re'erence ,n RlJle 34·7 0101,1)(0 FA C
Book T Page 585
I
June 17, 2014
Resolutions/Subdivisions/Zoning - (14.B.1.) - Senior Planner Rison presented
the following recommendation from Assistant County Administrator of Public and
Growth Services Bouyounes, on behalf of the Office of the County Engineer, in regard
to vacating a portion of the plat of Thoroughbred Acres 1st Addition in order to divide the
property through the family division process as requested by Madelynn M. Donoher
regarding Parcel No. 21358-009-00:
Description/Background: This is a request for approval of a Resolution by
Petitioner Madelynn M. Donoher to vacate Lot 9 of the Plat of Thoroughbred
Acres 1st Addition in order to perform a family division. This request was
considered by the Development Review Committee on April 28, 2014 and the
Committee recommended that the petition be granted.
Budget/Impact: Plat Vacate - 105000-34190013 - $350.
Recommended Action: Motion to adopt the attached Resolution to vacate Lot 9
of the Plat of Thoroughbred Acres 1st Addition as Recorded in Plat Book K, Page
54 and to authorize the Chair and Clerk to execute the same.
Mr. Martsolf commented on Development Review Committee (DRC) item, noting
it was a request to adopt a Resolution vacating Lot 9 of the plat of Thoroughbred Acres
1st Addition in order to accommodate a family division.
Chairman Zalak questioned why this was being requested. Mr. Martsolf stated
the platted lot could not be further subdivided because of its situation in the land use
and the fact that it was bound by the plat. The County typically allowed those that were
appropriate to vacate from the plat, which then made it available as if it were an
unplatted piece of property for the family division. He noted one was previously
approved across the street in 2006. DRC heard the case and recommended approval.
Chairman Zalak opened the floor to public comment.
There was no public comment.
Moore, to adopt Resolution 14-R-299 vacating a portion of the plat of Thoroughbred
Acres 1st Addition as petitioned by Madelynn M. Donoher.
In response to Commissioner Arnett, Chairman Zalak advised that the
Budget/Impact of $350 was the application fee.
(Ed. Note: The Deputy Clerk received Proof of Publication entitled, "Notice of
Intention to Vacate Plat or Portion of Plat of Thoroughbred Acres 1st Addition" published
in the Star Banner newspaper on May 2 and 9, 2014.)
Zoning - (14.C.) - 1. (P&Z Commission 140604Z) - The Board considered a
petition by Chetram Shamnarine and Jagdesh Baijnauth (owners) / Concept
Development, LLC & Concept Construction of North Florida, Inc. (applicants), PO Box
1010, Ocklawaha, FL, requesting a Zoning Change, Articles 1, 2 and 4, of the Marion
County Land Development Code from B-2 to RAC on approximately 5 acres of Parcel
Account No. 39651-003-00.
PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 11 = 0%.
PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made
by Mr. Jinks, seconded by Mr. Stacy to agree with staff's findings and
recommendation, and recommend approval with conditions based on the
following findings of fact:
Page 586, Book T
June 17,2014
1.
Will not adv~rsely affect the public interest.
2.
Is consistent with the Marion County Comprehensive Plan.
3.
Is compatible with the surrounding land uses.
The motion passed 6 to O.
Planning Technician II Andrew Serrano advised that both Planning Department
staff and the P&Z Commission recommended approval of the Zoning Change. Staff
recommended approval of the request from B-2 (Community Business) to RAC (Rural
Activity Center) to establish a general retail store. The Land Development Code (LDC)
provided that a vacant property zoned for commercial in the Rural Activity Center, such
as the subject property, must rezone to RAC before developing.
Chairman Zalak questioned the minimum square footage of a general store that
the applicant would have to build. Mr. Serrano advised that there was no minimum; the
applicant would only have to meet the setbacks for the RAC.
Chairman Zalak opened the floor to public comment. There was no public comment. Chairman Zalak advised that the public comment portion was now closed. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to approve the Zoning Change from B-2 to RAC based on Planning Department
staff and the P&Z Commission findings and recommendations that the proposed use
was compatible with the surrounding land uses, was consistent with the Comprehensive
Plan and would not adversely affect the public interest. The motion was unanimously
approved by the Board (5-0).
Resolutions/Zoning - (14.C.) - 2. - (P&Z Commission 140602SU) - The Board
considered a petition by Kenneth Dale Wetherington (owner/applicant), 8986 NE 151 st
Avenue, Silver Springs, FL, requesting a Special Use Permit, Articles 1, 2 and 4, of the
Marion County Land Development Code for 20 chickens, 8 roosters, 9 ducks, 6 rabbits
for food and education for son in an R-4 zone on approximately 1.72 acres of Parcel
Account No. 16479-002-00.
PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 19 ;;; 5%. PERCENT IN FAVOR WITHIN 300 FEET: 3 OF 19;;; 16% PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord, seconded by Mr. Jinks to disagree with staff's findings and recommendation, and recommend approval with 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. The motion passed 6 to 0 with the following amended alternate conditions: (12 Hens, 1 Rooster, 5 Ducks, 3 Rabbits). Planning & Zoning Manager Martsolf stated the original request by the applicant was for 20 chickens, 8 roosters, 9 ducks and 6 rabbits in a subdivision located in the
northern portion of Scrambletown. The lot butted up to the National Forest and one lot
from Lake Joe to the east. Pam Bright lived immediately west of the applicant and
appeared at the P&Z Commission meeting in opposition, as she was the most affected
by the location of the cages. A reduction in the number of animals was requested and it
was pointed out that it was the competing roosters that were causing the problem as
they crowed continuously. The applicant agreed to reduce the number of animals to 12
Book T, Page 587
June 17, 2014
chickens, 1 rooster, 5 ducks and 3 rabbits. The neighbor to the west felt that was an
appropriate number of animals; however, Ms. Bright sent staff an email yesterday
regarding issues as to the proximity of cages to her house and odors being
experienced. The applicant was proposing to move the cages 23 feet further away from
the neighbor's house by eliminating the cages to the very west. He noted that Ms. Bright
would not be able to appear today, but asked that he advise the Board that she wanted
the cages moved further away to the northwest side of the property.
Planning Division staff recommended denial; however, the P&Z Commission
recommended approval with the following Alternate Approval Conditions, as amended:
conceptual plan and the conditions provided with this approval.
2. Animals shall be limited to twelve (12) chickens (hens), 1 rooster, 5 ducks
and 3 rabbits.
3. All animals shall be kept within enclosed structures as indicated on the
conceptual plan.
4. Animal waste shall be removed from the property on a bi-weekly basis.
5. The Special Use Permit is effective for the total 1.72 acre site, and shall
terminate if there is a division or subdivision of the property.
6. This Special Use Permit shall expire on June 17,2017. The applicant may
submit a new Special Use Permit application for consideration to renew
and extend this permit in the future.
The applicant was present.
In response to Chairman Zalak, Mr. Martsolf advised that IVIs. Bright was a
permanent resident. Commissioner Bryant opined that the residence on the other side
was not a permanent resident.
Kenneth Dale Wetherington, applicant, NE 151 st Avenue, Silver Springs, advised
that in addition to eliminating the 1 pen (cage) he would install a privacy fence starting
tomorrow.
Commissioner McClain referred to the map drawn and submitted by the applicant
with his packet and inquired if the privacy fence would be placed between his property
and Ms. Bright's. Mr. Wetherington stated that was correct. He pointed out the pen
where he once had 100 roosters/chicks, which would be eliminated and the pens would
start where labeled "10 hens laying pen".
Commissioner Bryant referred to the plat map, noting it appeared that Ms. Bright
was located to the applicant's west, closest to the lake. Mr. Wetherington stated it was
just the opposite; Ms. Bright was to the east of him. Commissioner Arnett noted the
drawing was upside down.
Commissioner Bryant noted an easement existed between the applicant's
property and the property that sat along the lake. IVIr. Wetherington stated that was on
the other side of the property, noting he and the Bright's shared an easement.
Commissioner McClain asked if there was 20 feet between the applicant and Ms.
Bright's property. Mr. Wetherington stated there was 20 feet between where the pens
were located. He clarified that he came over 20 feet and down and the Bright's property
was at the edge of that 20 feet and in a sense there was 20 feet, 12 feet and another 23
feet to the first pen.
Page 588, Book T
June 17, 2014
In response to Commissioner McClain, Mr. Martsolf advised that the applicant
had more animals on the property at this time, which would be reduced and may assist
with the odor.
Commissioner Bryant noted the neighbor did not have an objection to the
animals, but wanted the cages moved due to the odor and asked if that was something
he could do. Mr. Wetherington stated he did not want to if he did not have to because if
he tore it down he would not want to rebuild. He advised that this whole thing started
because he complained about them parking on the easement. Mr. Wetherington thought
he was zoned agriculture until he went to see Mr. Martsolf, who informed him that he
was not agriculture as it was changed in 1980. He stated the problem had escalated
from there with the animals, noting the pens had been there for almost 4 years.
Moore, to adopt Resolution 14-R-300 granting the Special Use Permit with Alternate
Approval Conditions 1 through 6, based on and the P&Z 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 McClain inquired as to how long it would take to get the stock
down to the correct numbers. Mr. Wetherington advised that he had 4 ducks, 3 chickens
and a couple of roosters more than he was allowed in the Special Use Permit.
Commissioner McClain stated he would allow the applicant 30 days to get rid of the
extra animals, noting staff would check to ensure the numbers were correct. In
response to Commissioner McClain, Mr. Wetherington advised that he understood the
Conditions that had to be met.
Commissioner Bryant questioned whether the privacy fence would be added as a
condition. Commissioner McClain stated he would not make it a condition since the
applicant was volunteering to install the fencing. Mr. Wetherington stated the privacy
fence would be installed regardless of the outcome.
In response to Chairman Zalak, Mr. Martsolf advised that staff would check on
the applicant at the end of the 30 days and provide an update to the Board at a future
zoning meeting.
Resolutions/Zoning - (14.C.) - 3. - (P&Z Commission 140605Z2SU) - The
Board considered a petition by 15 West Street Realty, LLC (owner) / Eric Markus, Jr.
(applicant). 242 Suffolk Street, Holyoke, MA, requesting a Special Use Permit, Articles
1, 2 and 4, of the Marion County Land Development Code, for a graphics studio and
retail sales inside a fully enclosed building in an R-O zone on approximately 0.64 acre of
Parcel Account No. 29675-000-02.
PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 18 == 0%.
PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made
by Mr. Colen, seconded by Mr. Gaekwad, to agree with staff and applicants
request to reduce the application to include a Special Use Permit for Tract B
only, with alternative approval conditions and that staff re-advertise the
application change before the BCC meeting:
1.
Will not adversely affect the public interest.
2.
Is consistent with the Marion County Comprehensive Plan.
Book T, Page 589
June 17, 2014
3.
Is compatible with the surrounding land uses. The motion passed 6 to O. Planning & Zoning Manager Martsolf commented on the request for a Special Use Permit in an R-O (Residential Office) zone, which was located in front of Indian
Pines along Baseline Road (SR 35/SE 58 th Avenue) and described the area. He
advised that the request started out as a rezoning and opined that staff gave the
applicant bad advice when he came into the office. The applicant had been in the
building for a year where he did graphic work for a specific industry, but wanted to
branch out and do retail sales of banners, etc. to the public. In so doing, staff did not
think the request fit within the R-O zoning classification and the applicant was originally
steered to the B-2 zoning classification. Once staff looked at the request it proved to be
incompatible with the residences behind or what was being conducted up and down that
particular strip. Staff asked the applicant to down zone the request to a Special Use
Permit, which he did before the P&Z Commission hearing; however, the legal ad had
already been sent out.
The P&Z Commission, along with the applicant went along with the Special Use
Permit and Conditions that were proffered, which was re-advertised for today's public
hearing as a Special Use Permit.
Planning Division staff and the P&Z Commission recommended approval with
staff and applicant's recommendation to change the request from a Zoning Change to a
Special Use Permit with Tract B only with the following Conditions:
conceptual plan and conditions as provided with this approval.
2. The ingress/egress shall be limited to the existing driveway on Baseline
Road.
3. No outdoor display of merchandise.
4. The Special Use Permit will run with the owner/agent(s) (15 West Street
Realty LLC & Eric Markus, Jr.) not the property.
5. The Special Use Permit shall expire 6/17/2019. The applicant may submit
a new Special Use Permit application for consideration to renew and
extend this permit in the future.
6. The Special Use Permit should only be approved for parcel number:
29675-000-02 (.64 acres), this is the improved parcel with an existing
building and paved parking.
7. The business should be limited to a graphics design artist office/retail
store with no tractor/trailer vehicles or other delivery trucks parked on the
site.
Commissioner McClain questioned what drove the applicant to request a Special
Use Permit. Mr. Martsolf advised that the R-O zoning classification was for medical
office, office type uses and the applicant wanted to do retail some of the studio graphic
work he performed.
Chairman Zalak questioned the difference between a doctor's office and retail
sales. Mr. Martsolf stated it was traffic, noting R-O did not allow it; however, some fairly
intense retail uses were allowed in a B-2. Chairman Zalak questioned what changed
from what the applicant was doing to that of a doctor's office or an insurance office. Mr.
Martsolf stated there may be deliveries, but for staff it was basically the unknown.
Commissioner Moore referred to Condition No. 3 and inquired if the applicant
could not put up a banner outside the building. Mr. Martsolf advised that the applicant
Page 590, Book T
June 17, 2014
had a display area inside and would change the sign outside to advertise his business,
noting the applicant could place a temporary sales event sign outside for 21 days; the
same as any other business was allowed.
The applicant was present and advised from his seat in the audience that he had
nothing to add unless the Board had questions.
There was no public comment.
Moore, to adopt Resolution 14-R-301 granting the Special Use Permit with Conditions 1
through 7, based on Planning Division staff and the P&Z 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 McClain referred to Condition No.4, which stated the Special Use
Permit would run with Mr. Markus, and inquired if the applicant also operated the
business or the owner of the property.
Eric Markus, Jr., applicant, SW 63 rd Loop, stated he operated the business, but
did not own the property. Commissioner McClain opined that the Special Use Permit
should run with Mr. Markus, noting if he ever went out of business or decided to move
then the Permit would go away and there was no reason to have a time limit.
Commissioner Arnett amended his motion to amend Condition No. 4 and
eliminate condition No.5, as noted below. (Ed. Note: Condition Nos. 6 and 7 were
renumbered since Condition NO.5 was eliminated.)
CONDITIQN, NO.4,: The Special Use Permit will run with the agent (Eric Markus)
not the 'property.
'.
CONDITION NO.5: The Special Use Permit should only be approved for parcel
number: 29675-000-02 (.64 acres), this is the improved parcel with an existing
building and paved parking.
CONDITION NO.6: The business should be limited to a graphics design artist
office/retail store with no tractor/trailer vehicles or other delivery trucks parked on
the site.
The motion was unanimously approved by the Board (5-0) .
.'.,'
~
Resolutions/Ordinances/Zoning - (14.C.) - 4. - (Z. C. 140304SU) - Mr. Martsolf
advised that this item was previously addressed on March 18, 2014 at which time the
Board directed staff to provide an update at today's meeting regarding the petition by Jill
Yates (owner) / Nakea Darisaw (applicant), P.O. Box 1293, Ocklawaha, FL, whereby
the Board adopted Resolution 14-R-200 granting outside storage of appliances, on
approximately 1.15 acres, in an B-4 zone, on Parcel Account No. 4855-013-000. The
Board directed staff to provide an update as to the screening of the outdoor storage
area of appliances.
Mr. Martsolf stated the applicant appeared to have a very successful appliance
business, noting the volume of clients were unbelievable. Staff tried to get the
appliances corralled into one area and the Board wisely saw that more space on the
property was needed. The Special Use Permit was granted provided that the applicant
showed that he was able to screen the appliances from view pursuant to Condition No.
6. He noted the fence was extended to 8 feet in height and the screening was
Book T, Page 591
June 17, 2014
completely opaque.
Commissioner McClain advised that he had been by there and could not see the
appliances. Chairman Zalak noted he had driven by twice and did not notice anything.
Mr. Martsolf stated he initially thought that it was junk appliances, but noted the turnover
was amazing.
Chairman Zalak asked if the applicant had done everything that they agreed to
accomplish. Mr. Martsolf stated that was correct.
Ordinances/Zoning - (14.D.) - The Deputy Clerk presented Affidavits of Mailing
and Posting of Notices received from Planning & 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 Bryant, seconded by Commissioner Moore, the
Board adopted Ordinance 14-18 amending the Marion County Zoning Map pursuant to
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 2:33 p.m.
carl~
Attest:
Page 592, Book T

Official Minutes of MARION COUNTY BOARD OF COUNTY

Transcription

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