Board of County Commissioners - Regular Meeting
The Marion County Board of County Commissioners recognized local champions, addressed a public health threat regarding kratom, and approved a general obligation bond referendum for the November ballot.
About this meeting
- Government Body
- Board of County Commissioners
- Meeting Type
- Board Of County Commissioners
- Location
- Marion County, FL
- Meeting Date
- August 18, 2026
Transcript
1042 sections
Thank you.
Good morning, ladies and gentlemen, and welcome to the Board of County Commissioners meeting. If you all please stand with me as Commissioner Bryant leads us in the invocation and the prayer.
All righty, bow your heads. Father God, we come to you today with hearts of thanksgiving. First and foremost, we thank you for the privilege of living in the community, Marion County, that we all, most of us anyway, call home. And we are very privileged to live in such a beautiful place. We're privileged to live here in this country where we are free to make choices on many different things and to worship you. Father, we know that for some, this has been a season that culminates today. And we ask that you have your hand on everything that goes on today and make sure everything runs smoothly and that when all is said and done, everyone moves on and is happy about what has happened. We love you, God. We appreciate all that you do for us. And in the Lord Jesus' name we pray, amen.
Amen.
All right.
Good morning, ladies and gentlemen. A couple announcements. If you would please just make sure that all your phones and anything that rings or dings is on silent. And if you have to If you have to have any conversations, if you would please kindly take them out into the foyer, we would appreciate that. We do have a few announcements. Of course, today, this afternoon, we have our regular schedule planning and zoning hearing. At 9 a.m., we have an ordinance to amend the land development code on the 26th of August. September 1st, we have our regularly scheduled commission meeting, and then at 1.50 we'll convene the Marion County Community Redevelopment Agency. Those are some of the upcoming meetings. Also, you can go online and get our agenda. With that, commissioners, we have the roll call.
Thank you. Chairman Zalek?
Here.
Vice Chairman McLean?
Here.
Commissioner Curry?
Here.
Commissioner Bryant? Here. Commissioner Stone? Here.
Alright, we're all here. Now, commissioners, we're on to our proclamations and presentations. Second. I have a motion by Commissioner McLean, second by Commissioner Stone. All those in favor, signify by saying aye. Aye. Any opposed? That passes unanimously. Alright, we're excited today. We've got the juice in the house. If you guys would all come up to the stage. Come on down.
Alright. Alright.
That's awesome.
Good morning.
You gotta smile. I know it's early, but come on. Not that bad.
Alright, we need half of y'all on this side and half on this side.
all right we got their video here we go
Love it.
Congratulations, guys. It is my distinct honor today to honor the Marion County Jews 14U flag football team champions. The Marion County Jews 14U flag football team has earned the honor of representing the Tampa Bay Buccaneers at the 2026 NFL flag national championships in Westfield, Indiana. After winning the regional championships, Throughout this outstanding teamwork, dedication, perseverance, and sportsmanship, the Marion County Jews captured the 2026 NFL flag 14U National Championship, earning national recognition while proudly representing Marion County on ESPN and ABC. This extraordinary accomplishment reflects the commitment of the players, the coaches, and the families, the volunteers, and the Marion County NFL Flag League, whose collective efforts have helped develop exceptional young athletes and leaders within our community. These young champions have represented Marion County with integrity, character and excellence through the country, bringing great pride to our community and serving as an inspiration for future generations and young folks all over our community. Now, therefore, be it proclaimed by the Board of County Commissioners of Marion County that the Marion County Jews 14 year old 14U flag football team head coach Mr. Davis, assistant coach Scott Ward, and Marion County NFL flag league are hereby recognized for winning the 2026 NFL flag 14U national championship and commends the team for its remarkable achievement and for the positive example they have set forth for the youth of Marion County. This certification and recognition shall be furnished to Marion County Jews 14U flag football team and shall be made part of the public record. permanently in Marion County, Florida, in the minutes of the Board of County Commissioner meeting for Marion County, certified by all five county commissioners and attested to by our clerk, David.
Nope.
Clerk Greg C. Harrell. Wow. That was a long shot. I guess I was thinking about history today. All right, tell us a few words. Thank you for the work that you guys are doing.
Thank you for having us. First of all, thank you to the commissioners for having us here and honoring these young men for all their hard work, especially Commissioner McLean, who actually brought it to my attention that this was something that you guys would like to do for us. Also up here Jimmy Cowan reason I brought Jimmy Cowan up here a property appraiser He was one of the guys that helped NFL flag get started here in Marion County a lot of you guys don't know that But he was with us every step of the way Helped us get going funny story about Jimmy Yeah, there's a lot of those But he was actually a coach in our league as well and there's a young man who unfortunately was unable to be here today Drake Eason He was the Super Bowl MVP up there at the championships. Drake has been playing in our league since age six, and he was the MVP of the league in 6U, Marion County NFL flag. They were the favorites going into the championship game, but a rock star coach by the name of Jimmy Cowan pulled one out of the bag at the end and won the championship for the 6U Super Bowl in that game. Funny story there, but all these guys, they've been playing in our league forever. Like I said, Drake was with us since age six. The rest of these guys since like ages nine, ten years old. And that's one of the things that makes our league a lot different than a lot of other leagues out there. All of our kids are homegrown. We don't go out and rent kids from out of the county, out of the area. Um, you know, we don't, we don't cheat to do that. Uh, and that's something that we're really proud of. And that's the thing that really sets us apart from all, a lot of the other teams that were up there. Um, you know, they just go and find the top kids for one year to build a team. These kids have been playing together since ages nine, 10. So a lot of continuity in this group and we're proud of them for that. So, and, and coach Davis, he's been with them every step of the way to now Davis, he's been working with these kids since ages nine, 10. So, um, Most of the credit goes to that guy right there. So give these guys a round of applause.
Yeah, these are my guys. Like I said, I've coached them since right at 2021. That's when we all came together. Like I said, there's a few people missing here. Duke's not here. He's a big part of this. And like Coach Scott, he's not here. Drake. And then like the ones we lost on the way, Eli. Gabe, it was bigger than us. Sherrod, we started this thing, and this was the goal. Like I said, we fought and lost people along the way, but we stuck to it, and we made it happen.
It's the great thing about youth sports, right? It teaches you how to grind. It teaches you how to do things that you didn't think you could do and that you'd be part of a team and that you suffer the wins and losses together. And obviously, winning championships feels really good. So congratulations to you all. Thank you for what you do. Thank you, John and the team and even you, Mr. Property Appraiser. You've been involved in youth sports for a long time, though. We appreciate you. And hopefully you guys are enjoying the new fields. So, yeah, pretty nice. All right, we're going to get a pitcher. Mark, arrange us so we can get a good pitcher.
All right, so next we are going to deliver a proclamation for National Fentanyl Prevention and Awareness Day. Ivan, you and your team want to go ahead and come on up? We're going to see if I can get through this one. Cheryl, I hope you came with some stats.
Good morning.
All right. How's that working?
Okay, so this is going to be a proclamation, as I said earlier, for National Fentanyl Prevention and Awareness Day. And, you know, I truly believe that we are taking something that has been devastating and horrible for a lot of people and a lot of families out there, and we are turning it into a more positive story, as positive as it can be. So this is a proclamation by the Board of County Commissioners of Marion County, Florida. Whereas fentanyl, a synthetic opioid up to 50 times stronger than heroin, has become a leading cause of overdose deaths nationwide with devastating impacts on families and communities. And whereas Marion County recognizes the urgent need to increase public education and awareness about the dangers of fentanyl, including counterfeit pills and accidental exposure to save lives and protect our residents. And whereas through the stewardship of the Regional Opioid Settlement Committee, Marion County is actively working to allocate regional opioid settlement funds received from the state of Florida toward evidence-based prevention, treatment, recovery, and education programs to abate the opioid crisis. And whereas entities including local law enforcement, the city of Ocala, Marion County Fire Rescue, Ocala Fire Rescue, SMA Healthcare, Marion County Children's Alliance, Marion County Hospital District, and the Department of Health are essential in expanding access to resources, enhancing public safety, and equipping residents with life-saving knowledge. And whereas it is only through ongoing education, prevention, and community-wide collaboration that Marion County can effectively combat the fentanyl epidemic and protect the health and well-being of all its citizens. Now, therefore, the Board of County Commissioners of Marion County, Florida, by virtue of the authority vested in us, do hereby proclaim that August 21st, 2026 be known as National Fentanyl Prevention and Awareness Day and encourages all citizens of our community to join in the effort to educate, prevent, and support initiatives that address the dangers of fentanyl in our community. Duly proclaimed this 18th day of August 2026, signed by all five county commissioners and attested to by Mr. Gregory C. Harrell, our clerk of court. All right. So who is going to hold the proclamation while we do this? So as everyone knows, it's no big secret. I have a personal story. Lost my brother to a drug overdose with a drug that was laced with fentanyl. And not only does it take that life, but it affects families forever. I told you I was going to try to get through this. Anyway, and when I say that, I mean, listen, mothers never get over the losses of their children. As a sister, it's a different loss for me, but it's a loss that I'll never get over. And it's weird. It comes in waves. It's been 10 years. And it still hits me differently. And I'm not the only one in our community. There are many, many, many who have experienced... Whoops. I didn't follow the instructions. who have experienced losing, that was a God thing so that I can't cry. Anyway, who have experienced losing a loved one. So the work that has been done through the Opioid Settlement Committee and all of the partners that you see standing up here today, and we don't have a couple of them with us, but I will tell you that work is making a difference. The proclamation says that those funds are coming down from the state. Well, they're coming from lawsuits that have been filed for companies that sold these opioids for many, many years. and said that they were safe. And now we know they weren't safe. They were highly addictive and they changed many, many lives, not just in Marion County, but in our state and throughout our country. So. I'm going to be leaving my post. Commissioner Curry is going to be stepping into that post to chair that committee. But it's an important, a very important committee within our community. And our partners have come up with some very, very innovative ways to educate and to make sure that the people out there who have these addictions can get the help that they need. I think another thing to really point out when we're talking about fentanyl is you don't have to be an addict to overdose on fentanyl. Fentanyl is showing up everywhere. It's showing up in many, many spaces that it didn't show up before. And I hope that for the public that may be listening, for any of our younger public that may be listening, that It can show up in that street drug that you buy that you think is nothing. You never know what you're getting when you take that chance. And there have been lives that have been lost in that avenue as well. So that is my speech today. And now I'm going to turn it over to Ivan and Robin, whoever else wants to speak, to give us some more information.
Well, thank you, Commissioner, and it's truly a pleasure to be here, and I appreciate you providing this proclamation. It's a very important topic. I, like you, have had family dealing with addiction my entire life. I've made behavioral health my goal in life, is to provide as much service as I can. I've been in the field for about 30 years. About six years ago, I met Kurt Broman, who really wanted to bring the services here in Marion County to another level. And I'm so grateful for the partnership and for everyone here on the Commission for you guys to wrap your arms around this very tough topic. It's not easy to talk about. But truly, there are so many people and so many lives that are across every single fabric of our society. So to be part of it and to watch the progress that we made here from so many that have given their souls to it, I'm just so grateful. So thank you. Thank you for having us here today. I'm going to turn this over to Robin real quick.
Good morning. So quickly, I wanted to say thank you to our funders and the community for all their support. Through them, including the hospital district, the opioid settlement dollars, we have been able to have our peer support program serve over 2,800 people and make 2,800 contacts to unique individuals in the community, which is so important. They're meeting them in the ERs. Anytime there's an overdose, they go meet with the person. and try to convince them to get into treatment. And through that, we've been able to serve, we currently have 550 people in our medication-assisted treatment program, which is incredible. Another thing I want to talk about is we are having our first annual SMA Soiree. And as many of you know, because we were here, we opened a women's residential program in Marion Oaks, and it allows the women who are coming for treatment to bring their children with them, which is very important. And so we bought the lot across the street and we're developing a playground. And so this foray will raise the money to build and finish that playground and a green space for the ladies to be outside. So if you know anyone who might want to sponsor it or if you're interested in attending, there will be entertainment. It is an illusionist, Kevin Viner. He'll be there. So please come and enjoy. It's October 24th and neither FSU or Florida has a football game that day. So you don't have an excuse not to go. I will try.
I'm going to say this so everybody can hear it. So I just want the public to understand also what we've been doing because a lot of this goes on behind the scenes and they don't understand. And it might be you or Kurt that needs to answer this question. But compared to just a few short years ago, how many beds do we have available in our community for treatment? Who wants to take it? Okay.
So I can speak for SMA. So when we first came on board, we had 34 beds total for men and women when SMA first came to Marion County. Currently, we have seven residential treatment beds, and I'm only talking residential treatment, not crisis or detox beds. at Beacon Point, and then we've got 45 men's beds out at the Airport Road Campus, and then we bought the new property, and we have 45 beds for women. So we went from 34 beds total to 97.
Kurt's going to add to that.
So the nuance to that that's very difficult is, so we had 30-some beds that were available previously. But not all of those beds had funding for personnel where you could actually put a human being that needed treatment in that bed. That's the key difference. That's the number of certified beds that they had. In terms of actual beds that we could utilize that were available for someone, particularly if they did not have insurance, We had two that were available that were community beds at the time, so if you didn't have insurance, and that's where the hospital district got involved. Our first responders came to us and said, we're picking up people. There are no available beds for someone underinsured, and so we're having to send out transport for an entire day to another community and bring our citizens there. That was the first thing that we did, was we worked on a plan to build capacity just about five years ago. And that's the thing that we focused on so heavily. Our base funding was around $9.5 million at that time. And I always lose track because we built so many programs to draw in additional dollars. but we're probably by the end of the year somewhere closer to 30 million of funding of resources that are coming into the community. So it's a massive turnaround. We're never sitting back, though. We're constantly filling the gaps and identifying what else do we need to do to capture people, especially when they're at their most vulnerable so they don't overdose, and we can go upstream and get a hold of them before an addiction takes hold.
This is just a smidge of the work that is being done to combat not just addiction in our community, but mental health. Because at the end of the day, addiction issues are driven by mental health issues. And our state... that those programs don't exist anymore. And so basically it's up to each community to step in and fill the gap for its residents to make sure that we are doing the best that we can for those who are in need. So I say all that, if you or someone you love has an addiction, there are resources out there. There's no reason for you not to seek out and get the help that you need. There's no shame in saying that you have an addiction and addiction happens in all walks of lives. Everybody. It could be somebody sitting right here in this auditorium today. You don't know. And people wear that mask and a lot of the times they wear it well. A lot of times it is evident and you can tell, but there are times when it's not. So I just encourage you if you have issues. Seek out and get the help that you need because I can tell you as a family member of someone who lost their life due to an addiction, it's not just you. It's everybody around you who cares for you and loves you. And if you want to volunteer or get involved in making a difference in our community, there's lots of ways to do that too. So thank you all for letting me talk this morning. It's the last time I get to do it. So anyway, I appreciate you allowing me the time.
All right, and I think Jimmy Cowan again. Where's Jimmy at? Yeah, I think so. Ah, so anybody on the bowling teams, come on down. Come on up. And then Betts helping Betts, right? Yeah. Awesome.
Yeah, wherever you want to do it, Jimmy.
Once again, I'm Jimmy Cowan, the Marion County Property Appraiser and also the President of the City-County Bowling League. We have Tom, who's our Sergeant of Arms. We've got Sherry, our Vice President. And we've got the lovely lady right here, Debbie, that is our Secretary and does a very good job. Usually by the time we get home, our stats are already up. She's awesome. I want to thank Woods Printing. They do the big check for us every year. The price of bowling has dramatically gone up over the last couple years. We have not raised our rates. We voted at our meeting. The last couple years, we've given to animal services. And instead of giving money or prizes, the first place team does get jackets. And the same team won again this year, Scott Burge's team from the Sheriff's Department. He's retired now. So they get nice jackets. The rest of the money goes to a charity. So we vote. The last two years, it was animal services. This year we have voted as a league to go veterans helping veterans. So it's been roughly about $2,000 a year the last couple years and it's down this year. So we might need to raise the rates a little bit so we give a little bit more back. But I want to thank the city and county employees for doing this and giving back to a charity. I want to thank Audrey for getting it around her office at the clerk's office, Amanda and Tracy and Bobby Perez for getting it around the city or the county, excuse me. City is starting to get a little more click up on some stuff, so we're doing great. But right now we'd like to give a check to Veterans Helping Vets to Todd. This year it's only $1,405.10, but every little bit helps.
Thank you. All right, good job. Thank you, sir.
Good morning. This is going to go straight into our food pantry. As you know, when I replaced Hank, we were pushing out about 2,500 pounds of food a month. That sounds like a lot. We're up over 13,000 pounds a month now. So every little bit helps. And we are very, very grateful to Jimmy and your Bowling League for this support because the need is there. And I'm going to go straight to Walmart and Publix with this after I vote. But we're very, very grateful because this is going to go a long way to help feed the at-risk and homeless veterans here in Marion County. So thank you.
That's a real check. Take that one. Do I get to keep the big one? That's awesome. All right. Perfect. Let's get all you guys behind the sergeant at arms, secretary. There we go. All right, perfect. That looks way better.
So this is just a certificate of gratitude because it's important to say thank you. And this goes to the city, county, Bowling Lake, for your tireless devotion and unwavering commitment to enhance the lives of homeless and at-risk veterans throughout Marion County. Your steadfast generosity, your passionate can-do attitude, and fervent spirit serve as a gold standard for all of us to emulate. We are grateful. Presented on this 18th day of August, 2022.
Honorary Bowling Champion?
Thank you. Thank you, Jimmy. That's awesome.
You know, it's great. Last week or a couple weeks ago when we had it, we did the bus brigade, right? And our teams show up and all of our employees showed up. Our employees continue to show up and partner. And then, you know, when you unite everybody between the city, the county, and the constitutional officers, there's just nothing we can't do in Marion County. So thank you for what you all do. Appreciate it.
All right, Mark, we good?
All right, perfect. Thank you all. All right, ladies and gentlemen, let's jump into the agenda. We start off with public comment. We have a few people signed up. We have two podiums, so I'll call you to each podium. If you'll please come to the podium, give your name and address, and then you'll have two minutes to speak. Alexis, I'm not going to try. And then Joseph, if you can come to the other podium. Joseph Petrie, Petrie, yep. You can come up. And then Allison and Hibby Fulton will be on deck. Yes, ma'am.
I can start?
Yep. Name and address. You'll see the lights come on. When you get to yellow, you've got 30 seconds left. When you get to red, your time has expired.
OK. I'm Alexis Nikotopoulos, 7559 Southwest 102nd Loop, Ocala, Florida. I am here as a member of this community. I'll leave the legalese to those more suited to that type of discussion and just speak from my heart of what I've seen and what I feel. I discovered the existence of kava bars during nursing school. I did every bit of my schoolwork at an ethnobotanical tea bar in St. Petersburg because it was a peaceful place full of people that were valuing their sobriety and their community. When I moved to Ocala five years ago, I found Muddy Lotus Tea within days of arriving here. It quickly became the one place in this town that I felt that I could go and nourish my mind and my soul by sharing in conversations with other people of like mind, the one place I could go after my 12-hour nursing shifts and not be surrounded by people that are intoxicated, be surrounded by people that value the community and their sobriety there as well. During my career as a critical care registered nurse, I have seen many, many patients with life-changing or life-ending medical issues directly related to the use of substances. I have never once seen one of those issues related to the use of natural botanical leaf kratom. And with that, I make this impassioned plea to you to please stop any attempt to ban kratom as a whole without considering the difference between natural botanical leaf kratom and the harmful 7-OH and synthetic versions. Thank you for your time.
I appreciate that. These folks that are signed up for agenda item 8-1, I apologize, commissioners. Thank you.
Thank you.
Yes, sir. And then, Allison, you can make your way up to the next button. Good morning.
Good morning. My name is Joseph Petrie. Address is 6281 Northwest 41st Way, Coconut Creek, Florida. Thank you, Chair, Vice Chair, commissioners. My name is Joseph Petri, and I'm here today hoping to give you an off ramp before any action is taken to ban natural kratom. Since I only have two minutes, I must limit myself and state in the most respectful way possible, while remaining clear and direct, the county attorney's memorandum dated August 11, 2026 is critically flawed in numerous ways, including the scientific and pharmacological depiction of kratom on which the memorandum is built, culminating in the mistaken determination that natural kratom is a public health threat. It is not. Essentially, the memorandum recognizes the perceived surges in medical emergencies are linked to enhanced kratom products, like 7-OH, but wrongly conflates the risks of these chemically altered synthetic or semi-synthetic lab-made products, which are often mislabeled as kratom. with the recognized safety profile of natural kratom leaf. There is a distinction. Any policy that fails to reflect that distinction risks causing unintended consequences that negatively impact your constituents. My opinion is based on over 20 years of treating drug and alcohol addiction in Florida. Having studied addiction while treating well over 10,000 patients, I, like Dr. Nora Volkow, director of the National Institute of Drug Abuse, see natural kratom leaf as a valuable harm reduction tool in the battle against opioid addiction. My concern is that should this board enact any ordinance that prohibits natural kratom, this board will unwittingly force people back to dangerous opioids, including dangerous street drugs laced with fentanyl. The memorandum references a Sarasota ordinance, but Sarasota, despite their best intentions, got it wrong. Just because Sarasota got it wrong doesn't mean that Marion County needs to get it wrong, too. Further, no ordinance is even needed. This is a state issue. And Kratom is already regulated under Section 500.92 Florida Statutes, titled the Florida Kratom Consumer Protection Act. Florida's Attorney General has already extended an emergency rule addressing 70H and the other chemically altered products that are responsible for the harms this Board seeks to prevent. Nothing is needed by this Commission at this time. Certainly not at any ordinance that seeks to ban natural kratom. Thank you for your time and attention to this important matter. I ask that you move Item 8.1 up, if possible. I would like to be available to answer any questions and help you, if I can. Thank you very much. Thank you.
Good morning. My name is Allison Smith. I live at 623rd Street, Northeast Washington, D.C. Got in very late last night, so I'm happy to be here with you all. Excuse me. So I'm the Director of Government Affairs for the Global Kratom Coalition. We are a nonprofit advocacy organization that is working to implement regulations on Kratom while also banning concentrated synthetic high-potency drugs. Traditional kratom is the leaf of the Mitragyna speciosa tree, which has been used for centuries in Southeast Asia. As these leaves oxidize, a small portion of Mitragynine, the primary alkaloid in kratom, breaks down to what is called 7-hydroxymitragynine, otherwise known as 7-OH. However, this is only trace amounts and not to a level that would cause the opioid-like effects that you see in concentrated products. The industry standard for the differentiation between these two products is 2%. Any product less than 2% 7-OH is considered traditional or natural. And that's because if you pluck a kratom leaf off the tree and test it, you will never find it with a 7-OH concentration of higher than 2%. And then likewise, any product higher is concentrated synthetically altered. And they are considered adulterated under the Dietary Supplement Health and Education Act, otherwise known as DSHEA, which is a federal law. In recent years, manufacturers have begun producing these high potency and addictive drugs for financial gain. It is in the interest of these drug manufacturers to confuse and conflate both regulators and consumers. They use deceptive marketing practices to conflate these products as quote unquote kratom, despite being pharmacologically, psychologically completely different from each other. So please make no mistake, these products are different, and the concentrated 7-OH products are what is driving the public health crisis that you are seeing today. Recognizing this distinction, I'll try to be quick, the DEA issued a notice of intent to schedule concentrated 7-OH products and other synthetic derivatives as of July 6th of last month. So sometime this month, that will go into effect. And this movement, again, specifically targets those types of drugs. The state has also done so. I'm my time is up, but I'm here and I'm happy to answer any questions and give any background. We have draft policies that would be more than happy to share with your legal team. And I'm just here for any resources whenever this comes up.
So when they make that guideline, I do have a question for you, if you don't mind. So when they make that guideline, does it take it off the shelves, the concentrated synthetic versions and the gas stations and things like that?
When you're talking about the NOI. Yes. So the notice of intent is basically putting the manufacturers, distributors, and even consumers on notice. They're saying this will be a Schedule 1 substance, and you have within – you have 30 days minimum to get rid of these products. So once the DEA finalizes that, yes, these products will be taken off the shelves.
That's what will cause them to come off the shelves.
Yes, which they already should be because of the AG ruling that the Florida AG already did.
Yeah, the Florida already.
Yes, but now you'll have federal resources. Sorry.
Any other questions?
No, that was my question. Did you have another question, Commissioner?
No, that was exactly my question. And so just to be clear, that will pull the synthetic kratom off of the shelves across the nation? Yes. Yes. That is the intention.
Until they change the formula. Until they change the formula.
Right. Well, that is why they – in the NOI, and I will share it with whoever if you would like to review it, it says 7-OH and then it addresses other synthetic derivatives because that is a problem that we're seeing not just with kratom but with cannabis and hemp. I mean people are taking it and chemically altering it because – They can. And so rather than playing whack-a-mole and just going forward and banning individual substances until we start banning salt and pepper, they said any synthetic derivatives, not. If it doesn't reflect the natural composition of the plant, then you cannot be selling it.
Mr. Chair, go ahead. Well, is there some sort of timeline other than it was 30 days from the notice of intent and that was July the 6th? Yes. Did you say?
Yes. So full transparency, it's August recess in D.C. So a lot of people are out of town. So I anticipate that's probably part of the reason why we're having a little bit of a delay here. But I'm not privy to the conversations within the DEA as to why they haven't formally submitted that notice. But essentially it – is they have 30 days minimum. Our hope is within the next few weeks, they will finally issue that and get these products off the shelf. I anticipate it's because the industry is so large that they're trying to give them a little bit more time because when it goes in, this won't be a Schedule 2, Schedule 3. This will be a Schedule 1 substance on par with fentanyl and heroin. So this is going to be a very big deal if you're caught with possession of it. You're facing federal prison time and massive fines. So I anticipate that's part of the reason why they're giving a little bit of grace before they formally schedule it.
Well, I certainly appreciate you coming all the way from our nation's capital to be here this morning. Of course.
It's lovely being here. Thank you. Welcome to Florida.
Thank you. I really enjoyed it. Thank you.
It's okay. Well, just for clarification, I wanted you to reiterate. So they have finally put language within that states all synthetic substances because that has been the problem with all of these synthetic drugs that are being produced and sold as things that are safe. is that as soon as something is banned, they just change the formula.
Yeah, absolutely. And I think I need to start by saying if there's a will, there's a way. If somebody wants to make an illicit substance, they're going to do so. And I think that goes for anything. That being said, the intention of this language is to clear a majority of those. I mean like 97% of them. Like I said, I'll give you the language. I know it's 7-OH and there's like four or five other synthetic derivatives that they explicitly mention that say you cannot have these concentrated products or variables sold on the shelves.
So it identifies the specific synthetic derivatives. Yes. Okay. So they can.
And then it says any other derivative, right?
Let me look at the language. Let me just double check.
Can you send that to us? Yeah, absolutely.
Is there a business card or something?
Someone will get it to you, Tracy. Okay. Someone will help you.
Thank you.
Yeah, of course.
And we'll get it to our legal team because they'll want to look at it, I'm sure.
Yeah, definitely.
Fabulous. I'll send this to you right now. Thank you. Yes, ma'am. And then Sonya is up next.
Hello.
Name and address for the record. My name is Kibi Fulton, and it's 520 Northeast 1st Avenue, Ocala. Okay. So you know how you write something and then you hear all this other things and you go, okay, well, that changes that thought and that changes that thought. So I'm really not going to follow what I was going to say. I want to tell you a couple of things. The fentanyl, the recognition of fentanyl today. I have a story about somebody who works with me who actually just helped a police officer capture somebody and a bag of fentanyl fell out. And he helped probably save this police officer's life. I'm going to go out on that limb. And we're all very proud of him, and he's my manager. And I'm very proud of him. I might get in trouble for telling you this story. Yep. But he is an awesome, an awesome gentleman that we have working for us. And he was at his karate dojo and the police officer got saved by a karate man. So it's an awesome story. But I also want to let you know that before Chief Graham died, and I wish he'd got recognized today about the fentanyl because he's one of the ones that started the program here in Ocala. He's our friend. Because when we first opened, we went to him and we said, hey, this is what we do. This is who we are. And we just brew the leaf. And he says, if you're here to help people, I'm here to support you. Unfortunately, anyone that knows him knows he was really funny. And unfortunately, he passed away three months after that. But where do you go whenever you want to quit doing something you shouldn't probably be doing that's not healthy for you? Where do you socialize? We come to Money Lotus Tea because we embrace people. We help people. We're compassionate. We've never sold synthetic 70H, and we never will. I never supported it. Could have made a lot of money, but that's not who I am at the end of the day. I don't want to be collateral damage. Please understand, I love my community as much as you do, and I'm always going to be here to answer questions with you. Thank you for your time.
Thank you. Good morning, everybody.
I'm Sonia Ritchie. I am one of the co-owners of Muddy Lotus Tea.
I need your address for the clerk. I'm sorry? I need your address, if you don't mind, please.
Sure, sure. It's 520 Northeast First Avenue, Ocala, Florida. Thank you. Do you need the zip code?
No. OK. We'll figure it out.
We're all in the same circle, I believe. As I said, I'm one of the co-owners of Muddy Lotus Tea. We are an alcohol-free bar. We are the only one here in Ocala. For eight years, we have provided a place where adults can gather without alcohol. We have employees with families who depend on the income of our business provides. We follow Florida law, check identification, and serve traditional kratom leaf. only to adults 21 and older. When new regulations were discussed, we began making changes before they were required to be responsible practices matter to us. We support enforcing Florida law concerning isolated, concentrated 70H. Traditional leaf represents approximately 40% of our revenue. A blanket ban would close our doors, eliminate jobs. remove an alcohol-free community space from Ocala. Our employees, customers, and business should not suffer because of manufactured products we have never sold. Any regulation should identify specific product-causing problem and measure the effect of lawful businesses before decisions are made. My question is, before directing staff to write an ordinance that would close a lawful eight-year local business, Will you require an honest business impact study and meet with the businesses, employees, and customers who will be affected? I appreciate your time this morning.
Thank you. Appreciate your testimony. Thank you. Marina will be up next. Yes, sir.
Hello, my name is Dylan Aldridge. My address is 2950 Northeast 14th Street, Apartment C12, Ocala, Florida. I'm here today to discuss the discussion of Kratom. Funny enough, the manager that my boss referenced, Kibbe, I'm the gentleman that worked with the Ocala PD officer to wrestle the guy that was on fentanyl and trying to attack the people around him. I'm here because the discussions on kratom directly affect my livelihood and a legitimate business here that I care about deeply. I want to say that I support Florida's existing regulations on kratom. Muddy Lotus Tea operates responsibly and legally, transparently under those guidelines. Muddy Lotus Tea, we have never sold extracts, synthetics, or concentrated derivative products. We serve whole leaf botanical kratom, the actual plant in its natural form. We don't manufacture it. We don't chemically alter it or concentrate individual alkaloids. This distinction is fundamental. We card our customers and we follow Florida's age requirements. We don't sell to minors. We don't manufacture extracts, alter products, or mislabel what we sell. We are a small, compliant Marion County business following the rules of the state of Florida has already established. So I understand the concerns about higher risk or concentrated products, but I don't believe responsible businesses like ours should be treated the same as companies selling products that are fundamentally different from what we provide. Florida already has a regulatory framework for Kratom. If there are gaps, address those gaps. If there's specific products are creating a problem, regulate those products. But please don't punish small businesses because they're irresponsible ones. I'm not asking for special treatment. I'm asking you to recognize the difference between whole leaf, kratom, and concentrated extracts and synthetic products and allow businesses that are already following the law to continue to do so. I don't have this wrote. written down, but I'll add this last bit. I come from a family of addiction, of everything you can imagine. Your personal story resonated with me. My family has a big problem with opioids. This is, in my opinion, a safe alternative to that, the whole leaf. So appreciate your time, committee. Thank you.
Thank you. Hillary, you'll be up next.
Serena Mojica, 2820 Southeast 7th Avenue. Good morning, Chairman and Council. Thank you. Today you're going to hear the name Muddy Lotus Tea come up a lot alongside Kratom. That's because we're the only business in this county that a ban on Kratom would cause to close its doors. Smoke shops can sell it and just move on to the next thing. It really only affects us, and that'd be a travesty, so let me tell you why. You've obviously heard the synthetic Kratom story, but what's more important is that we're a business built on respect. We respect others, we respect health, and we respect freedom. We respect others, so we sell quality. We respect the chemistry and how the body processes things, so we sell quality. And we respect an adult's informed right to choose. That's why we support freedom. It isn't the leaf that's the problem. It's the standards, realistically. And we need better standards around this. It's Muddy Lotus Tea that sets the standard currently in this quality and care that we give to people. And they should have the right to choose that. We've kept, for the last eight years, I'm an employee there, so I say we, our community safe, healthy, and informed because we keep them informed of these bad players out there that are an infestation of the alternative industry, and they are distributed by really vile entities that are looking to make a quick buck at the health and the expense of other people. So when we come before you today, we just really ask you to consider the standard and make better standards for that. A ban on a whole-leaf quality product is not ideal, but a standard holds these bad players super accountable to their actions. If we ban it, they can just move on to the next thing. We had Spice and these other things. A ban will just make us close our doors and see them walk away scot-free, but a standard would hold people accountable to their actions. So just asking that you consider that. Thank you.
you very much.
Hi, Hillary Westerberg, 129 Marion Oaks Drive, Ocala. Good morning and thank you. I'm here as a citizen of Marion County and a recovering alcoholic and someone who happens to drink the brewed whole leaf kratom tea at Muddy Lotus. It's my safe place. It's my home away from home. It's also the safe place of my husband who unfortunately couldn't be here. He's a combat veteran with pretty severe PTSD. He's very uncomfortable in most public settings. But Muddy Lotus is a place where he has found he can be himself. He can relax. He doesn't have to constantly be looking over his shoulder. So it's really important to our family. I want to begin by saying that I understand the sincere concern that has brought this issue before you. I've read the attorney's memo and all of the state regulations. And I don't think anyone should dismiss the risks associated with the products containing concentrated kratom extracts, synthetic 7-OH, or the analogs of 7-OH. Those products are a legitimate health concern, and I support efforts to keep dangerous products from harming our community. But the memo also makes an important distinction, and several of us have, between the traditional kratom leaf and the concentrated synthetic kratom products, identifying the latter as posing the greatest public health risk. I'm simply asking you, as you move forward with this discussion, to give careful consideration to the principles of justice and individual liberty, which are so important to our nation. A policy can be really well intentioned and still have unjust consequences. and a blanket ban that does not distinguish between concentrated or synthetic products and tea brewed from natural kratom leaf would unjustly restrict peaceful citizens and responsible businesses which are not causing the harm that you're trying to prevent well thank you thank you very much and mr walker don't i have signed up for this part
Commissioners, my name is Joseph Walker. I live at 18820 Southeast 54th Place, Oklahoma, Florida 32179 in District 1. Today I'm going to talk about two different committee items. 10.1 is the first one here. That's to regard Code Enforcement Board We're going to appoint four more of them. We're having a problem with code enforcement keeping board members there. We were short the other day here on Wednesday last week that they had to stop the meeting to get enough. One of them had to go to the restroom or whatever it was so we couldn't continue. But we need to change something here. Something's wrong in our code enforcement board where we can't even get members on here that stay on it. And then our problem is, another problem is here, is the way our agenda is written up. Do this for me. You take a look at the agenda there, and you see the numbers on there? You see the violations number? It's somebody's name on there. There's no way we know what it is. How do we know? How does a person know what it is, the violation or whatever is in your community? You have no idea. We need to change something here to get it so we can know what areas are here so our neighbors and stuff can go in there and make sure they enforce the laws and get to maintain the properties there and get it maintained. All we're doing now is running a little... Mickey Mouse deal here on it, you know, on there, and we bring them in there, and they violate again and again and again. Well, we need our code enforcement board in there, at least to get it in there so we can get our members to stay on the board and continue on this. So, all right. Thank you. Thank you, Mr. Walker. I don't have time for the other one, right? Yeah, you have time.
We should have had five minutes. That was only two. Was that only two? Yeah, so we should have given five. Yes, sir. Go ahead.
All right. We got the one here regarding our mowing contracts. We have a problem with our community with getting the mowing completely the full width you know like my neighborhood there it's got 50 feet wide it's supposed to be mowed well every couple of weeks it gets a little shorter every time they mow they move in a little closer and i've got some places over my house where we got it right up against the asphalt because we can't even walk alongside there because they're not maintaining it we need somebody in charge in here that's going to go over here on it i have one over there in Merry Camp Dust Bowl area. I'm going to get my paperwork up. I'm not very well planning for this film. Mary Camp, Dust Bowl area. See that picture there? Well, that's supposed to be maintained by the county right-of-ways you got there. You know, it took me 24, 25, and this year I finally made a complaint, and I finally got them on that fire hydrant to put a number on it. You know, when it's so hard getting a number on a hydrant, it should be out there, we bring it out there, set it up, it should have a number on it. But we're not doing that on it. The only reason why I noticed it here is we got this picture on the same parcel. That's the way it was left. This is what we got in our community. They mowed right over that. The contractor did that. I should say the International Properties maintains the area in there. He mows once a year and this is where we end up with here on it. But we need to have something changed on this here and get these Over here, where we have enforcement over these right-of-ways that come along here and mow. We're paying them. They're getting paid to mow 50 feet on a lot of them on the right-of-ways, and some are wider, some are less. But we need to get it maintained all the way along here. We can't keep on having people walk up right away to get on there, I should say, right on the pavement to get around to get through there so they can't walk or nothing alongside the properties. I appreciate you guys getting something in here and get it going here on it.
Thank you, Mr. Walker.
Yeah. It takes us three, four years, you know, on there, and I'll keep working on it.
Thank you, sir.
You're welcome.
All right, that was everybody that signed up. Commissioners, we have three sets of minutes. I have a motion by Commissioner McLean, second by Commissioner Curry. All those in favor, signify by saying aye. Aye. Any opposed? That passes unanimously. One constitutional officer from the sheriff, 4-1.
So moved.
Motion by Commissioner Stone, second by Commissioner McLean. All those in favor, signify by saying aye. Aye. Any opposed? That passes unanimously.
Mr. Clerk, good morning, sir. Good morning, Mr. Chair. I'd like to present for the board's consideration an adoption budget amendment resolution items 511 through 5120. Three of the budget amendment resolution items relate to other items. Specifically, item 5111 relates to consent agenda item 741 concerning public transportation. Item 5.1.12 relates to consent agenda item 7.4.2 related to the airport improvement program. And item 5.1.16 relates to consent agenda item 7.7.4 related to the Oak Run lift station.
Okay.
Thank you, Mr. Clerk. Commissioners, does anybody want to pull any of those consent items?
I see no. We'll take a motion including the 7.4.1, 7.4.2, and 7.7.4. I make a motion to approve. I have a motion to approve by Commissioner Stone, second by Commissioner Curry. All those in favor, signify by saying aye. Aye. Any opposed? That passes unanimously. On to project adjustments, 521. Yes, sir. Nothing to add there.
So, Mr. Chair, this also relates to a consent item 753.
Oh, yes. Thank you, Commissioner.
If there's anyone who doesn't need to pull that, I'll make a motion to approve the 521 along with 753.
All right. Motion by Commissioner Stone. Second. Second by Commissioner McLean. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously.
Next. 5-3. Yes. Thank you, Mr. Chair. A request for disposition of miscellaneous property is item 5-3-1.
I moved.
Motion by Commissioner Stone. Second by Commissioner Curry. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously.
Yes, finally, Mr. Chair, is what is sometimes an annual exercise for a reappropriation of budgeted funds that were not expended in the last fiscal year to be used for those same purposes in the fiscal year ahead.
All right. Commissioners, any questions or issues with that?
No issues. I'll make a motion to approve.
Motion to approve by Commissioner Stone. Second. Second by Commissioner McLean. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. All right. Move on to our consent agenda. Commissioners, as you've noted, you have your revisions in front of you. There was a name change for 721 and 733 as well. If you have any issues, we can pull those. If not, we'll move the revisions with the consent agenda. Start to my right. Commissioner Curry, anything to pull?
Commissioner McLean.
I don't have anything to pull. I just do want to highlight 773 and just thank Mr. Cahoon and the County Engineer's Office for securing this $19 million grant that's going to multimodal safety and access management there on Baseline Road all the way up to 108th Terrace. I hear from a lot of people out there about safety along that roadway. And this is a huge, a huge grant. So I don't know if maybe Mr. Cahoon during his update wants to just kind of give us an overview of that. But I just wanted to say thank you and great job securing that grant. Excellent. Well done.
Commissioner Stone?
No, all my questions were answered. I had a long meeting yesterday. I want to thank staff for bearing with me for all my questions.
All right. And Commissioner Bryant?
I wanted to pull 721.
Okay.
I just want to hear from our chief as far as staffing is concerned because we're always worried about not having enough staff to cover the shifts that we have to cover and we're pulling 40 something people for this.
Okay. So we'll pull that one. Anything else? We'll move the balance of the consent commissioners with the revisions. I move. Second. I have a motion to move those with the revisions by Commissioner Stone. Second by Commissioner Bryant. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. All right. 71. Chief? Commissioner Bryant?
He knows what I want to know.
Good morning, Commissioners. James Panta, Fire Chief, Marin County Fire Rescue. So as our staff builds out the needs for the Rock the Country event, we look at available staffing and then what we think with the amount of ticket sales and so forth that we're going to need to support the event. Each one of the positions will be filled by overtime, and then this contract allows us to bill the vendor to cover those costs. We are at a, I would say, historic low on the average daily overtime with the additional staffing we've been adding into the system. So I don't see any significant detriments to the 911 system because of the additional staff needed to cover this event.
Okay. Thank you. Can you say that again? Historic low on overtime?
Do we move it or do we need a motion?
We have to move it. I'll move 7-2-1.
I have a motion by Commissioner Bryant.
Second.
Second by Commissioner McLean. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. All right. Mr. Minter, good morning. Yes.
On 7-2-1, maybe I missed it. It says 82,810. Wasn't it 88,000?
It has been revised. It's in revision. It will be closed to 88,000. Everybody good?
All right, Mr. Minter.
Okay, good morning.
Good morning, sir.
So I've got this item to be a vehicle for board discussion and direction regarding the Kratom issue that you've already heard about this morning. I'm not sure exactly what glaring errors Mr. Petrie is referring to in the memo. The memo does not propose any particular ordinance that acknowledges that a draft ordinance had been prepared roughly based on an ordinance in Sarasota County, which is the only county in the state of Florida that has such an ordinance. I would note, and I think some of the speakers noted that the Florida statute 500.92, which is the Florida Kratom Consumer Protection Act, does not distinguish between the leaf product and the synthetic product as far as the definition of kratom product. Both of them are included within that definition and the statute makes it unlawful to sell any kratom product to anyone under 21 years of age. So the Florida statute doesn't distinguish between them, at least as far as being able to sell them to kids, whether it's the tea or the synthetic product. I've also included in the documents regulations including from the Florida Attorney General regarding requirements to label Kratom products. Most of these, in contrast to the statute, do focus on the synthetic compounds, but they regulate it. So they provide for permits to sell this stuff. They provide for concentrations that would be allowable and concentrations that are not allowable. And then they provide for certain compounds that you might call adulterants that should not be lawfully in any such products that could be sold. So that's kind of the state of play right now in the state of Florida. You have limited options locally as far as what we could do. We could try to adopt an ordinance to focus on the synthetic products, which would not include the leaf products. However, if you're going to focus on the synthetic products, then you're going to have to have a laboratory that's going to be able to test the synthetic products to be able to prove that what's in the product that you have confiscated and you're trying to prosecute on. And again, all these court administrative code sections that are attached list a number of these products. synthetic products. If, in fact, the federal government, my understanding was that the DEA had filed a notice of intent to temporarily place concentrated synthetic 70H as a Schedule 1, and that rule was going to become effective August 5th of 2026, as opposed to sometime in July, but at least as of the information I had, so far that had not taken effect yet, even that temporary rule. I think it certainly would be to everybody's benefit if the federal government does go ahead and do that. Not only at the federal level, but the state level, because for whatever reason, the state of Florida hasn't so far chosen to treat this as like a Schedule I controlled substance. Because the issue had been brought up at the Opioid Task Force for many valid reasons, a number of people there, it's my understanding, made reference to tragic situations they had in their own families. So people are crying out for some kind of regulation for this because it is a public health and safety issue. But it's very, very challenging to regulate at the local level. So I'm just bringing it to you for whatever discussion you want to offer to us.
So Mr.
Chair,
This got pushed along much more quickly than it was intended to be pushed along. And I think there was some misinterpretation of the direction at that meeting. And as we have all received many emails We've had testimony here regarding the difference in synthetic and the natural leaf and what they both do. And I don't think there's anybody that doesn't agree that the synthetic product is the problem. And based on the testimony that we've heard today, I think it would probably be in this board's interest to just hit pause and follow up on the DEA ruling and what's coming down from the federal government and then maybe have some communication with our attorney general to see if they're going to change anything before we move forward with doing anything. As we heard today, we might not need... to do anything. This board has always been really, really well, has always done a very good job of making common sense, logical decisions, and not putting things in place that we can't enforce because we just, we understand that when we do that, law enforcement's gonna come to us and they're gonna say, hey, you just did that and there's nothing we can do to enforce that or it doesn't make sense. So, I would have been the one that would have brought this forward anyway as that was the seat that I sat on and So that would be my request today Commissioner Bryant first of all just to clear up a
Misconception. I had on the opioid settlement with your replacement, I had volunteered to do that, but Commissioner Stone had requested that, so I had backed off, and she's going to take over that.
The chair is going to make that decision.
Sure.
Whatever you guys want to do.
Whatever. Just don't be taking my money and using it for things that we've already discussed.
The other thing, and my comments here, I don't mean to abdicate any responsibility of the commission. But in conversations with our mayor, Ben Marciano, I know he serves, I guess, on the Opioid Settlement Committee. And the first I heard of this was from him, actually, in the news media. And it seems like he has and is spending an inordinate amount of time on this topic. He's visited with the attorney general twice, among a host of other meetings, in charge of the police department. And I'm sure our sheriff is probably doing his due diligence as well. But I want to throw it out. Is the proper place to To study this, put it under the microscope, and bring back recommendations, would it be the mayor's position at this point, or the opioid settlement committee? Because I'm a little lost myself. I mean, I'm just trying to figure it out. And then all of a sudden, we kind of jumped the gun, and we're talking about the ordinance. And I think it... Went a little quicker than like Commissioner Byant said that we intended. But does it make sense, rather than everybody studying the same thing in hyper time, to go ahead and throw ourselves in with the mayor's effort and get a recommendation from his research?
Mr. Chair, Mr. Mentor also wants to weigh back in on this conversation.
I was just going to say I spoke with Will Sexton, the city attorney, yesterday, and I think my understanding from him is that right now the city's position is similar to what Commissioner Bryant was indicating, that they're kind of putting it on hold as far as moving forward with actually taking any action. Certainly they're not contemplating adopting an ordinance at this point in time. And I would emphasize that even though I made reference to Mr. Schwartz preparing a draft ordinance. I did not attach a proposed ordinance to this, so this memo was not proposing the board adopt an ordinance.
I have a discussion.
Mr. Chair, I too have had a lot of conversations with The mayor regarding this, he is, to Commissioner Curry's point, talking to the attorney general on how maybe Marion County could even pilot an opportunity to test those synthetics because that seems to be the biggest issue of enforcement. is how do you test between the natural kratom versus the synthetic kratom? So the testing abilities aren't even available as of yet. Now, that's not to say that the state and whomever may put something together to allow it to be tested, differentiated for law enforcement's sake. So to that point, I would just say I appreciate Commissioner Bryant. She has served this community well. She has served this board well in sitting on the opioid task force. And I understand why it's a big deal. And I certainly support let's find a way to do what we can to help keep people safe and alive here. But to just take a pause on it would be our best bet in my estimation as well. And coordinate somewhat with the mayor to find out where that next step may be. My understanding is he was going to be talking with the attorney general and our sheriff as well as the Ocala police chief to bring everybody in. Yeah, to determine how best to address this as a Berrien County slash city issue. So I'm happy to continue to discuss that along those lines if that be the course of this board.
Mr. McClain? Yeah, thank you, Mr. Chair. I'm in agreement with Commissioner Bryant as well and the rest of y'all to hit a pause on this. Personally, I'm not interested in banning any plant or leaf synthetic derivatives. Certainly very concerning. But yeah, how do you enforce that becomes the issue. And I think that this is more of a statewide national issue that they're going to eventually figure some of this stuff out. And really, they're going to have to go after the people who are manufacturing this stuff. And that's where you're going to stop this. So I don't know that an ordinance that we do is going to do a whole lot. You know, the other thing I've asked staff yesterday to look into was actually get some stats from the medical examiner's office to see how many deaths we have had, at least in our local circuit, due to this stuff. One death is obviously too many, but at the same time, I don't believe that it's necessarily our job to go in on something like this if it's just a handful of issues. So anyway, I know that some of those numbers are going to come back to us. I'll share those with you when we get them, or staff will, just so that you can see them. But that's kind of where I'm at. Yes.
So the synthetic stuff is definitely a problem and it's not just how many deaths have we had but it's Yeah, near deaths, other things, and I'm not contradicting anything you're saying, Commissioner McLean. I'm just saying that is the issue, is the synthetic stuff. And hopefully what the federal government is sending down, hopefully the state will jump on board. And, you know, there's always unintended consequences for everything that happens. But I think getting to the point where you're pulling the synthetic stuff off of the shelves and it can't be sold anymore, That's a huge win. So I think that's probably where the focus should be working with the state to make sure that they are going lockstep into what's being passed down.
And, Commissioner, one more point, too. I've already been talking to staff about this for a while now, and my understanding is it is working through the process. But one thing that we can do is the currently in our code, smoke, vape shops, those types of things are still allowed to be built near schools. And if we can regulate some of those things where some of those places are, at least they're not falling into children's hands, which I think we should be looking at with the tobacco stuff anyway, as well as the convenience stores. If we can have some sort of something in our code to say that these things will not be near schools, near churches, near places where kids are going to be, I think that will help too. My understanding is that is working through the process and should be coming to us soon.
So, Commissioner Tracy Straub, Assistant County Administrator, you should actually see that item at your public hearing on August 26th. So, it's been through LDRC. It does not touch exactly on that point, but we can continue to make edits.
And I want to apologize to the board because I'm sure that you were all caught off guard. I was caught off guard when it went as quickly as it did. So, anyway, that was never the intention.
Well, it was a good conversation. Thank you. So we'll tap pause on it. Hopefully the DEA will finalize their rulings and take the stuff that is hurting our community off the shelves and allow the good players to keep doing what they're doing. All right. 9-1, my favorite topic of the day. Thank you all. Appreciate you being here. Stephen Cahoon and Rhodes.
We always love talking about roads.
Good morning, Stephen Coon, County Engineer. I think the claps were for the road update, right? Oh, sure. Yeah, they were clapping for roads. That's right. Thank you for the opportunity. Just a quick reminder as well, this is just a snapshot of some of the things that we've got going on. If you go to the agenda, we've got a map there, also lots of additional information about projects. We've got going on in the county highlighting today's agenda 7.7.2. I'm sorry, it's 7.7.3, the $19 million grant that we got from the federal government for Maricamp. Lots of access management that will happen through that project. There's still going to be a little bit of time before we can get that designed and then constructed. But multimodal improvements, access management, progression along the corridor to get people moving from point A to point B more efficiently and safely, that's the intent of this particular grant. Also, in the last 30 days, we've awarded almost $30 million worth of road projects. So getting things done, I think, has been a testament to some of the things that we've done at the Office of the County Engineer with the board's support, of course. Southwest 49th Avenue Segment F. So this is the roadway that is just to the east of the industrial park off of 484. We did have our first Coffee with Construction event on July the 29th. Successful. Had quite a few residents come out. Even with the heat, we did it early in the morning, but We had an opportunity to educate a lot of the public about what was going on there. It was in the field. Successful event. We do anticipate having similar events for some of the other larger projects. Well attended. on a weekday, it was good. For this particular project, we're about 75% complete with the asphalt paving and curbing. We've also got one of our traffic signals installed there. Sidewalk well underway. And paving of the pedestrian facilities is also anticipated to happen in the coming weeks. Two of the three DRAs are also completed. So lots has been going on on this project. Get a chance to go out and check it out. We're almost done. Southwest 80th Avenue Segment 1. So this is the section of 80th Avenue between Southwest 90th Street and Southwest 38th Street as well. This project was split into two phases. BID is one project. Phase 1A is that section between 90th Street and 80th Street. well underway that picture you see there is from that project so we're nearing completion with the westerly road construction you'll see a traffic shift happen after that's completed and then the contractor will start again on the east side moving up the corridor further to the north that way they can start wrapping this phase 1a in with the phase 1b and it'll appear a seamless one and done type project Stormwater pipe nearly completed. Lime rock curb and gutter also based on this picture you can see they're just about ready to start laying some asphalt too. Phase 1B, we're still moving through the eminent domain processes. You see some agenda items popping up for those property acquisitions. Also very close on an interlocal agreement with the city of Ocala as it relates to that spray field on Southwest 38th. So we do need some additional property there. Good coordination. I expect to have something to this board in the very near future. And then last but not least, the Marion Oaks Manor Extension Project. So we did have a neighborhood meeting on October 25th. Our engineers have completed the preliminary alternative analysis. Also, we have got the preliminary recommended alternatives put together. They're in the process of getting all of that compiled in a final document for presentation to the public and the board as well. We've been doing a lot of coordination with various property owners along the corridor, identifying areas where property owners may want to work with us on early out DRA locations. Some of those have already been successful. We've brought some purchases to this board as well. Cultural and environmental documents are almost complete, as well as a noise report being underway. So part of the PD&E process is checking the box off for some of these additional items. That way we comply with federal requirements, keeping in mind we do have to cross over I-75 with this new bridge, so we want to check all the boxes and open the door up for any kind of potential, hopefully $20 or $30 million grants to go towards this project. With that, again, just a snapshot of some of the things that we've got going on, and I'm available for any questions. Great work.
I have a question. Yeah. Mr. Cahoon, so going back to project number two.
Yes, ma'am.
Can you just tell me when they're going to start driving on that new roadway?
I would say within the next two months is my hope. I'm hesitant to say it's definitely going to be in two months, but based on the images that I'm seeing and some of the progress that we're making, again, between 80th and 90th Street, I expect that transition to the westerly side to happen very soon. So knock on the dice here. Hopefully in two months you'll be able to drive on that westerly side.
Only because I'm getting inquiries and I keep flipping them over to you. But if you want to give me something that I can save you time and effort on, then I can save you time and effort by answering those myself.
We'll get something put together. Thank you. Yes, ma'am.
Very much.
Great, great work. Y'all got a lot going on and this community is going to be better because of it. And I know you'll be ready to move to some other ones as well.
It's a testament not only to the team, but also the local contractors we've got here in the county. Absolutely. It is an absolute testament to that.
Yeah. Good job.
Great job, Stephen. Thank you.
Yes, sir. Yes, ma'am.
Legislative priority commissioners and Mr. Creighton.
Did you get your question answered on the baseline multimodal you wanted to talk about?
I didn't have any question. Maybe you can just highlight for us maybe what some of that, what that's going to go towards and what it's going to look like.
But right now a sea of asphalt is what we've got and we don't have consistent shared use of facilities for all different modes of travel. So this grant really is going to focus on trying to eliminate some of the movements that happen out there on the corridor that have resulted in crashes. Not only with vehicles but also with pedestrians. It's one of the highest crash rated corridors in the county. That was part of the reason that we went after this grant. coordination with TPO as well on their prioritization list, made us successful. Reducing serious injury and fatality crashes is the goal of this particular grant. Thank you. Yes sir.
What project will change the intersection there?
I appreciate you bringing that up. So DOT has been working on, they've actually went through the process to select a design team for the intersection of 441 and Maricamp, State Road 464, i.e. Maricamp. So that is tentatively awarded to a design contractor. That will move through the process. That's at least another 30 million in projects there at that intersection. All of that should tie in very nicely in the coming years.
What about eventually Mary Camp and Baseline?
Mary Camp and Baseline? That being that particular intersection, yes, sir.
Is that the one you're talking about? You said 441. I just wanted to make sure. I wasn't sure which one. Misspoke.
Absolutely. Got you.
Okay. Because I know they're doing the other project on 441 and Mary Camp too, right? Correct.
It's baseline 464, Mary Camp. The northbound lefts, very, very heavy. In the AM, the eastbound rights, also very, very heavy in the PM. So coming up with a new interchange design that optimizes the level of service, looking at a B or a C out to future year 2040, I believe. That would be awesome. Yes, sir.
Thank you, Stephen. Appreciate it. Mr. Creedle.
Good morning, Mr. Chair, commissioners. Matt Creedle, your legislative manager. So I have before you today the proposed 2027 BCC priorities for the state legislative session. As usual, we have the appropriations request, which we will get submitted pending your approval once the forms are available, and we'll identify sponsors in the meantime for that. The legislative language change request will be submitted to FAC for statewide consideration, and then we also have local priorities and supported organizations as well.
All right.
So first I'll pick up right where Stephen left off. The first appropriation that we have is funding for roadway construction on the Marion Oaks Manor Extension Project. You just heard about that project. We are asking for $2 million for planning, design, and right-of-way acquisition costs associated with that project. The second one is one you're familiar with as well, funding for the Lowell Municipal Drinking Water Project. We're requesting $2.5 million for construction costs on that. We've been very successful in securing SRF funding for that project. Tony and Josh and his team have worked very well with Eric up at the SRF program with DEP. And so we have seen some good funding for that program. And Commissioner Bryant, without spending one dime of our own money on that.
But we still have to ask. Yes. Which is annoying and I don't think appropriate. It is a state problem. The state should be taking care of it without us having to ask. That's the last time I will say that. Thank you.
I concur, Commissioner Bryant. The next two is one you are familiar with. It is funding for the Florida Department of Health, Marion's Bellevue Clinic. You were presented a couple different options that we could approach for funding. We are asking for $1 million for the construction of a new facility in Bellevue. So we've coordinated with Director Goodspeed and his team to make sure we have all the specs on that so we can relay it to the state so they can understand what the impact would have on that. And finally, well, actually not finally, and next is funding for the improvements to the Bradford Ma Barker House. I am pleased to say that 237 we were appropriated in a previous session has been released. And so I know Jim and his team are anxious to get working on that. And this would further the improvements that they can do out there. We've also, of course, coordinated with George Albright, our tax collector, to make sure he's involved in lending his support to that as well. The final two appropriations requests I have for you, commissioners, funding for the Marion County Utility Southeast Regional Water Treatment Plant, also known as Utopia. We're asking for $30 million for planning, design, and construction of that plant. And then finally, we have funding for the Southwest Regional Water Reclamation Facility Expansion. That's the Oak Run. We're also asking for $30 million for planning, design, and construction of that facility expansion. So, board, that is the appropriations request I have for you. If it's okay with you, I can move on now to the legislative language change request.
Any questions?
I'll just say I had a lot of conversation about those last two with those dollar value requests. But after reading them and the priorities of the state for the water, I'm going to support them. So thank you again, staff, for helping me get there. Let's just hope that the state legislators are able to look at them as openly as we are.
Well, I was going to comment on that. So you have information that maybe I didn't get or maybe I forgot, but I would like to hear whatever that is because, yeah, looking at those dollar amounts, I'm not sure that it – I was going to say it might be better to approach this in a phased way, go after money for design, go after money for parts of it. But if there's something I don't know, then –
Well, I mean, just the – hey, I'm all for if we want to break it up. I mean, these are huge dollar values, and I – so it was a lot of conversations. So Commissioner McClain?
You all know how much time I spent up there, and I don't – you don't often see dollar figures like that for – Local projects. Local project requests. But anyway, that's just a comment. And it doesn't mean that we can't submit this request like this and then as we're having conversations say, hey, well, maybe we can, if you can get this piece, maybe we can fund a phase or something like that. It's just a matter of how you present it.
Yeah. Indeed. They're well written to support why we want to ask for these dollar values. It's just not our norm that Marion County has ever gone after this type of funding.
Commissioner, this is presented for this discussion in direction from the board. Through the process, I assure you that at the end of the day, the final request probably will be less than $30 million for each of those projects. Usually when we sit down with our lobbyists and start going over our priorities, that's when we start making changes. And we will keep you in the loop as we step by step before we finalize anything. I doubt we will. I have no doubt in my mind we will not get $30 million if this project even approved. But we've got to start somewhere. And the $30 million reflects the cost of that project.
Even if the property owners are willing to enter into a voluntary agreement? Currently, counties, whether it's Marion or any of the other 66 around the state, cannot enter into that. This would add language to where if the property owners voluntarily entered into it, then the county would be able to assess for different projects.
Commissioner, this has a huge impact on our road assessment projects. Even if the subdivision wants to do that assessment, if we have one property that is AG exempt, we cannot assess them. And we cannot divide that assessment over on the other property owners. The county will have to come up with additional money to be able to do that project. So the language we are proposing, if the property owner is willing for the assessment to accept the assessment, then we can get it done.
Yeah, I was going to say, and we'll take this all the way to FAC as well, right?
Yes, ma'am. These will go to FAC. Yes, ma'am. And that's the critical languages we added in. or when a neighborhood or group of property owners have voluntarily requested a special assessment for their benefit. So this allows them if they do. Yes, ma'am. So the third one on the list, Marion County requests legislation removing revenue offset requirements for the fire rescue surtax. Currently, the way that statute is worded, if the county were to institute a fire rescue surtax, it would need to then drop by whatever the amount of revenue collected its ad valorem or non-ad valorem assessments related to fire rescue. And so we're asking that we remove that offset language so that the county wouldn't have to drop the funds should this language get in there or should the county decide to institute a fire rescue surtax.
My two cents on this, I think it's probably too early to be asking for this at this time. With all what's going on with taxes, we may want to delay it one year and see what happens with the property tax.
Well, we could at least put it on FAC's radar to make sure that it doesn't get forgotten for some reason in the next year.
We can.
That would be my thought.
Okay. And Board, also, just like with the appropriations, we'll still have to find a sponsor that would be willing to submit the language as well.
I would say let's take it to legislative and kind of hammer it out there before we send it up the line would be my thoughts.
Oh, to have a discussion with our legislators first?
Exactly. And with the FAC team as well versus Marion County standing on our own asking for this. I'd rather it be something the entire state of Florida would get behind. Okay. Would be my suggestion.
Are you saying just make this an FAC kind of priority?
Possibly. Yeah.
And we support both, right? If they would support it.
Well, I think we should absolutely ask the Florida Association of Counties for those that are watching because this does impact the entire state of Florida across the line.
I think we should try to also take out the forever clause on Senate Bill 180. Yeah, for sure. So that should be both our priority and a priority for the Florida Association.
That's not on our list.
I'll put it on the list.
We need to add it right now. Okay.
I mean, listen, this is not our, I'm not going to be here. So if the three of them want it on there, I think we need to try to take, I've talked to multiple representatives that are going, said that they're going to be working on Senate Bill 180 this year. I think we as a county should talk about what affects us locally and how those pieces are coming into play, as well as advocate that FAC also advocate for that. And at bare minimum, at least get rid of the preemptive clause that will, I mean, if a hurricane comes within 100 miles of any corner of Marion County, it goes another year. And that's a forever clause then on Senate Bill 180. And so I think we need to work to get that clause, if nothing else, out of it.
I think that's a very...
I guess I'm just... This feels more like these are going to be our priorities that we're going to go try and talk to our local legislators about. I feel like that Senate Bill 180, I mean, that's a known issue that FAC's already got in there. Absolutely. I don't know that I necessarily want to go try and find a local delegation member here to sponsor that legislation. And that's kind of how I view this, which is the same thing with the surtax. I was saying, do we want to just take stuff to FAC and say this is a... Priority that we support, or are we going to go actually talk to our delegation?
However you want to do it, Commissioner. No, I get it. And we've done it both ways. So whatever you guys' preference is.
I think SB 180 is a known statewide issue. I don't know that we need to put it on our list. Okay. Fair enough.
But thanks for reminding us to have the conversation anyway.
But also things on our list, and I have learned this through dealing with FAC. If it's our priority and we take it to FAC, they do support the priority, but they rely on the county to lead that effort and to have somebody to sponsor the bill. Unless FAC decide to take on that bill, and they have not done in the past.
Some of them they have taken on, like the CNA. They supported us. Okay.
They supported us.
But they didn't get a bill drafted.
Yeah. Yeah. Just keep that in mind as we go through the process.
All I was saying, if you want to, I think our team should have language ready to at least start the conversation with our legislators and FAC or however you want to do it, but to change that clause in Senate Bill 180.
All right, we've taken that.
We're going to have another same probably conversation with, we haven't had the conversation yet as a team, but the Ag Enclave Bill is going to impact Marion County as well. And so that Ag Enclave Bill needs to be adjusted. And so we should write another draft that talks about that. It will impact our urban growth boundary and how Marion County moves forward for sure.
And I think it needs to go to the Florida Association of Counties. Absolutely.
But I think that's something we should have, with all due respect, that maybe we should try to get one of our team members to carry that bill because it's their community too.
Sure.
So have at it. Good luck.
I was going to say. We'll be watching.
We'll be watching. From afar.
Are we adding it to the list or not?
Commissioner, I get it. But both of those issues are already very well known. OK. And I'm confident that they're going to be working on.
The rural county? I'm sorry, the rural zoning? You think the agricultural is zoned? Which one? Number two. Yeah.
What was the – Mr. Minter, what's the name – what's the statute that we're – with the ag enclave that we were just talking about yesterday?
What's the statute number?
Yeah. Do you remember by chance?
I don't remember.
Like 686. 686 was the Senate bill. Okay. I think it's 686. So that's – You can have conversations with the team.
There's several more on here even. I mean, the statutory definition for the term rule. I mean, these are things that the state level needs to be. identified not just for Marion County's benefit for across the state I mean we have a lot of rural counties out there that could be missing out the benefit of some of this too so or the urbans I guess I should say those counties they have a lot of rural areas as well that could be missing out on some of those funding opportunities so we didn't we didn't identify what's going to the Florida Association of Counties And that's where I wanted another one.
Right. What's that? Didn't you submit things for FAC?
We had not yet. No, sir. Once I get these approved, I take this is the list I take in the direction I get from y'all. And then that gets we have until the first week in September. The submission portal is open. So any direction I get from y'all, if it requires changes, I can make the changes and get with Moneer to make sure that it is.
Satisfactory to what you asked for and they get that so I think that'd be great I mean we could take all of this stuff that we're talking about Send it through FAC or or you can talk to Jeff and see which things other counties already doing if there's other counties already doing it we can and then See what happens at legislative conference and then whatever doesn't that we still want to advocate for advocate for and Right.
But I want to use the whole state as much as possible on some of these. And I guess that is my point. I don't want us to be so tunnel vision into just what Marion County wants to support.
Yes, ma'am. It's my it's my understanding that all of the legislative language changes would be submitted to FAC. And Jeff is good. He's good about reaching out if another county has submitted something either nearly verbatim or in the same arena opening the same statute about asking to have a conversation. Do we want the other county to carry it? Do we want to co-sponsor it? How would we like to proceed? So I can pass that along to Monir with any conversation I have with Jeff.
I guess that was kind of my point, commissioners, is these right here are good to go to FAC for us to try and work on. The other two, those are already in FAC. I know FAC is already lobbying on those two. They're already done. They're going to find a bill sponsor for those if they need. Gotcha. All right. All right.
Well, I'm good with all six of what is in these language change requests at the local level and going to the Florida Association of Counties because it impacts the entire 67 counties.
Can you run through four, five, and six real quick, though, just so everyone can hear? Yes, sir.
And this is one Commissioner Stone mentioned earlier. This is the one that we do not have language yet for. Excuse me. because we're working with delegate member staff to understand how best to capture Marion County's unincorporated rural areas. But we're requesting legislation offering a clear statutory definition of the term rural. Currently, there's about four or five, whether they go through DOH, DEP, Florida Commerce that have their own, yet very, very few areas in Marion County are included in those because they're not incorporated or they don't have it, so we're deciding should it include census blocks or zip codes or something of that nature, density levels into that definition. So we will work on language before we submit to FAC for that one, but that is one of the priorities that we have.
And that was even in discussion with our senator. Correct. He believes this is an issue that needs to be addressed as well.
Yes, ma'am. And so we're working with his staff. We're working with Ryan and Damon as well to make sure we understand how, because there are other counties, to your point, that would want to get involved in this one because they probably face very similar situations as it comes to state level programs. They're unable to even apply for areas that desperately need because we all know there are areas in Marion County that could desperately use some attention. But because of the way the statute is worded, they're precluded from even getting a look. So the next one, board, Marion County requests legislation allowing state-designated community transportation coordinator, Sovereign Immunity, when operating public transit. I know there have been some conversations. This originated out of the budget workshops that we had. And so we have statutory language ready. So that way it is narrow in scope. There was a bill submitted last year by Senator Leak and it was a little too broad was the understanding of the language kind of captured a few more people than the legislature was OK with. And so we work to really narrow that down to make sure it is a state designated community transportation coordinator for a county then would receive that sovereign immunity while they were operating public transit. And then finally, board Marion County requests legislation updating the length of continuous residence for RV parks related to tourist development tax assessment. Currently, if an RV park has 50% capacity plus one that stay there three months, they are they are. ineligible to be, they do not collect a tourist development tax or a heads and beds tax, we're asking to move that to six months. So we're asking that six months would be the recommended language they would change statute to, that if 50% plus one of an RV park is continuously there for six months, then they are exempt from that. If it's less than six, then they would be.
Have we done any kind of a financial analysis on this?
No, ma'am, not that I'm aware.
No, we have not. I mean, I think that it might be a little short-sighted to ask for a change on that without some kind of a financial analysis on that, in my opinion. Well, because the TDT taxes wouldn't be from those people that are staying six months, because most of them can't stay more than six months. I mean, we do have people that come down from up north and stay in RV parks in the winter, or snowbirds. No. Okay. We'll capture more. Yes, ma'am. The whole point is to capture more. I'm sorry.
Yes, ma'am. Currently it's three months. We're asking to extend it to six months. Okay.
So we capture more. I misunderstood what you said, Matt. It's a huge loophole. What happens is in a lot of these RV parks, the whole thing gets opted out. No. Correct. Under these regulations.
I'm fine with it as long as it's – I was thinking of it the other way. Sorry.
Yes, ma'am.
I had a senior moment.
So those are the language change request board. Again, with your approval, I will start working to get those submitted to FAC before the deadline, and I'll let Monir know as that process moves along. This is a very brief conversation. There are some value adjustment board statutes that may need some attention, but I just wanted to bring it to your attention very briefly. I did have conversations with Dana Oleski and Mr. Minner's office and Mr. Dobbins, the VAB attorney as well. And his concern, Mr. Dobbins, is one of the proposed rule changes. And to be clear, these rule changes have not been adopted. They're simply proposed. So Marion County does have the option to address the proposed changes if you so choose. But it would add in the phrase interactive access by members of the public that wouldn't normally have, even if they were in person, wouldn't have the ability to have interactive access on that. So that is one of them. They were scheduling of a notice or conducting the hearings by electronic media. They also added in video conference as well. And operationally, I have spoken to staff and it would not be a heavy lift to incorporate that in. We already do stream as it is now. And so it would just be adding in components of what we already have and then potential staff time as well to make sure that is being monitored. That's just the actual proposed timeline right there if you'd like to see it. And then there's two statutes as well that are not in agreement. One is related to public notifications in a newspaper when it comes to statutes 500.011 Florida statutes. That is the one that allows counties If anything is required by a statute to be in a circulated newspaper, that allows them to move to a publicly accessible website. However, Statute 196-194 specifically states in a newspaper. And so just they are not in agreement. If there was a language change request, this one would come from. And then the other one is there's three statutes that are not agreement related to fees. And I can turn it over to Clerk Carroll, who has a little more information on that, if you'd like.
Sure. Thank you, Matt. The gist of that is that for years and years the VAB petition filing fee was $15. One of those three statutes raised the maximum level to $50 last year, but two of the remaining statutes seem to suggest that 15 is still appropriate for particular types of petitions. But it's really just seeking clarity so that counties not just ours as the commissioner noted before this is an issue that affects not only us but all counties equally so it's just trying to get clarity statewide about what the appropriate fee is
Mr. Chair?
Mr. Clerk, so is anybody from your organization picking up these as well?
Yeah, thank you. So we will have sort of an omnibus housekeeping type bill, and that will be part of our bill as well, most likely. Thank you. Thank you.
Good question. As their chair as well, president.
Yes, ma'am.
So that was just a quick conversation about the VAB to understand where there are some potential statutory cleanup. But again, we already have some underway and just to make you aware as well. We have two supported local priorities. The first, of course, is continued support for funding septic sewer program. We ask our delegate members as they move forward with any kind of funding or any kind of program design that Marion County be considered. for any of the septic sewer programs because we definitely have a lot of need for those type of programs in Marion County. So we like to keep that on their radar to understand that we are definitely one of the counties that we would like to be considered again as they build those programs out. And the second one is allowing, once again, at Silver Springs, it seems like all of the legislative hurdles have been hurdled to this point. The permits have been issued, and they should be now moving to the construction process, but we want to make sure we had a good meeting with Chuck Hatcher and his team, And we want to make sure that we can support them in any way that they need for us. And so it's just to keep it, again, on their radar as any requests may come down from Tallahassee to us that we're aware. And I'll make sure that Monir is in the loop and y'all are as well. And finally, Board, we have our supported local organizations, the Fort King Heritage Foundation, and of course, any of these we will provide any correspondence, other support as needed. Fort King Heritage Foundation, Marion Senior Services, Marion County Honor Guard and other veterans organizations, and the Institute for Human and Machine Cognition. Those are the four, but of course, those are not the only four. If I'm given direction by Moneer to work with an organization or by the board, I'm more than happy to work, whether it's sitting down and filling out an appropriations form, understanding how to go about that so they can identify a sponsor for some of their requests. But it just gives me the ability to work with them as they need. That's all I have for you. If there's any questions, discussion, or direction, otherwise I can sit down and be quiet.
Commissioners, any other questions?
I would just ask, so I know like the College of Central Florida, they always have requests. Would it be appropriate for this board to just give direction if the chair were to get that request in advance that they can go ahead and make that letter of support for that organization and then allow it to be ratified so it doesn't hold them up? It's usually just a letter of support.
That's the only thing that they ask for. They're not actually asking Matt to draft anything.
Yeah, I wouldn't see that they need Matt's ability.
Anything else? All right. Thank you, Matt. Thank you, Chair. Thank you, Commissioners.
Have a good day, Matt.
Thank you, Commissioner. You as well. Low key. Very low key. Low key.
I'm surprised you're here and not on the corner. You know, at lunchtime, you should be out on a corner. Just so we can see a sweat. Waving. Sign waving. Yes, you should have to do what everyone else has had to do.
Oh my God. Thank God. Praise the Lord we don't have to do that this time. All right.
Monir. 9-3 is the resolution authorizing the placement of a general obligation bond for parks and recreation. We have had so many different workshops and discussion, and we get to the final step. All right. The one before the final step.
I think we should just pull the whole project and be done with it.
All right, Ms. Couillard. Good morning, Chairman, Commissioners, Jim Couillard, your Parks and Recreation Director. Just real quick before I get started, I just want to compliment our assistants from the Trust from Public Land, Peggy Hanrahan and her team. And the full team behind the scenes that have worked hard and with us lockstep getting us to this point. I would like to recognize Mr. Will Aberger from the Trust for Public Lands in the audience with us today. He is the Vice President of Conservation Finance. And last time we worked with him was with Tracy Straub and former County Commissioner McClain on Amendment 1 back in 2014. So we have a long relationship with him as well. I'm here before you today to formally request approval of the resolution on the agenda before you today, which authorized placing a countywide general obligation bond referendum on the November 3rd general election ballot. If approved by the board today, this action places the choice in the hands of Marion County voters to decide whether to authorize up to $140 million in general obligation bonds. These funds will be dedicated to acquiring and approving lands for parks, trails, recreation facilities, as well as protecting drinking water sources, springs, rivers, lakes, farms, and forests. The measure carries the tax levy not to exceed 0.35 mil. I would like to emphasize three key operational points embedded in the resolution. First, there's no immediate fiscal impact. Passing this resolution today does not issue debt or levy any tax. It strictly authorizes placing the question on the ballot. Second, it provides the board with discretion and flexibility. It's one of the key things about this document. Approval of the referendum authorizes bonds, but it does not mandate them. The board maintains full discretion to utilize bond financing, use a pay as you go model, or a combination of both based on economic conditions. Lastly, it provides strict public transparency. The resolution mandates rigorous accountability mechanisms, including clear spending allocations, percentage limits, public program planning, citizen oversight, and mandatory annual audits and web reporting. Adoption of this resolution simply gives our citizens the opportunity to decide on the future of Marion County's parks and conservation infrastructure. Staff recommends a motion to approve the resolution authorizing placement of the bond on the November 3rd general election ballot and authorize the chairman and the clerk to execute the same. Once signed by the chair and the clerk, we'll be hand delivering this official document to the supervisor of elections with the respective Spanish translation of the ballot language. I appreciate all of your support in this initiative. It's been a long road, but we've been working together well today, and I really appreciate all the support.
Great job, Jim. Commissioners, any questions for Jim? You know, this has been a long road. We've been talking about parks funding for, I don't know how many years, but for quite a long time. I'm glad that, you know, after today's discussion, if we move this forward, you know, I believe that the people of Marion County should decide what that looks like, whether it's the conservation elements, protecting our water, the parks. You know, a great example is those kids that were standing up in front of us today. Absolutely. national champions for Marion County because of the facilities that have been provided to them by this community. And so I'm glad that the community is going to decide whether they support enhanced parks, conservation, and those other elements. And so great work, commissioners. I think it'll be a legacy well-deserved to this board. Commissioners, any other questions or comments? Otherwise, we'll take a motion.
For approval.
I have a motion for approval by Commissioner Bryant, second by Commissioner Curry. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. All right, Jim.
We want to see your happy dance now. Oh, you're not going to see it anymore.
Because we know you're doing it.
I'm going to walk away peacefully and respectfully. I really appreciate everything. It's been great working with every one of you.
Look, you actually turned red. Congratulations, Jim. Hey, Angel, great work. You don't get enough kudos for the work that you've done, and I know that you often stay behind the scenes, but this is a big lift for you and your team, and you should be congratulated for bringing this forward and making it happen. Absolutely. Thank you, sir. Thank you for your hard work, sir. All right. You too, Mounir.
Next. Thank you. Thank you, Commissioner. Animal activity permitting and Mr. Roussel.
All right. Great. What a segue. So good morning, Commissioners. Angel Roussel, Assistant County Administrator for the record. So today we want to talk about animal activity permitting, but more importantly we want to talk about how we continue to support and expand our network of responsible animal rescue partners in our community. There are really three pieces that come together in this discussion. You have animal services that manages the animal permitting and animal welfare requirements. You have gross services that manages the land use, special use permitting process. And you have the county attorney's office provide the guidance related to all the ordinance that govern both of those. Our goal today is to bring those pieces together, explain what we are hearing from our rescue partners, and ask for direction on whether there are opportunities to make the process more workable while still protecting animal welfare and the surrounding community. So, in seeking to improve our community and animal well-being, last year we made several revisions to the Code of Ordinances, as well as the Land Development Code. In the Code of Ordinances, we added... Can I ask you a quick question?
Yes, sir. Did you design the cat and the dog?
So all the graphics here were made by my AI helper, which I call Edna. Edna. So all the graphics are homegrown, if you will, with the AI help.
She did a great job.
Yeah. So you'll see the color schemes are Marion County colors. So you'll see it through the presentation. And they are very much on point and relevant to our processes, what we do, our partners, what our partners do too. I didn't know you were such an artist. AI has made me one, I guess. So going back, in the code of ordinance we added the animal permit requirements as well as the standards of care for animals. The motivation for those changes was to make sure animals are kept in a proper environment with proper care. In addition, we made some changes to the Land Development Code that correlated to the revised Code of Ordinance. So it was mainly to marry the both together so they both represent and can be worked in unison. Those changes were made for good reason. We want the animals to be cared for responsibly, and we also have an obligation to protect neighbors from potential nuisance impacts. So since those changes were adopted, a lot has happened. On May 21st of this year, we moved into the new shelter. Thanks to all you guys for your support. Then on July 22nd, we held an animal rescue partner open house. Our staff provided a, I'm going to say, quote unquote, state of the county type presentation, but for specifically for MCAS. But more importantly, we had an opportunity to hear directly from our rescue partners. During that discussion, several concerns came forward relating to permitting, particularly special use permitting requirements, animal related permitting requirements, and the cost associated with the application process.
I should not have clicked that quickly.
While our rescue partners support the county's commitment to responsible animal care, there is a concern with some aspects of the current process which make it more challenging for responsible rescue organizations to continue operating or to expand their capacity. So I did want to pause for a second to talk about the importance of animal rescue organizations and what it means to our shelter. So before we talk about possible solutions, we think it is important to explain why this partnership matters so much. Rescue organizations function as an extension of our shelter capacity. They allow us to help more animals without requiring our county shelter to provide every service or every animal entirely on our own. They take animals that can sometimes be most difficult from a municipal shelter to place, like seniors, newborns, animals requiring medical care, animals needing behavior rehabilitation. They provide foster homes, which can give animals a quieter environment and help us better understand their personalities before adoption. They promote animals through their own networks, websites, social media, and adoption events. They often share veterinary and rehabilitation costs. They help us reach adopters who may never walk through the doors of our county shelter. And when we experience an emergency, a natural disaster, a cruelty, hoarding case, or simply a sudden increase in animal intake, our rescue partners can provide additional capacity when we need it most. So when we talk about helping these rescue organizations, we're not talking about something separate from the work that our Animal Services Department does. These organizations are an important part of how we accomplish our mission.
They're an extension of us.
Absolutely. They are. Yes. So diving deeper into those concerns that they shared, so one of the main concerns involves the interaction between rescue organizations and the Land Development Code. So under the current framework presented here, rescue organizations, including 501 organizations, which are most of them, can fall within the definition of a kennel because of the compensation or income component of that definition. Once an organization is classified as a kennel, zoning becomes an important consideration. So right now, the kennels are permitted by right on M2. That's the only one that by right you can have a kennel. In A1, A2, A3, B4, B5, and RC1, they may be permitted through a special use permit. The challenge is that in practice, rescue organizations have historically operated in other zoning classifications other than the ones that I mentioned. That means an organization that may have been serving animals successfully can now find itself facing a land use process that it had not previously anticipated. Cost is also part of the concern. The special use permit application is $1,000 while the animal services permit for rescue organization has no fee. So we recognize that. So the question becomes, can we preserve the protections the county intended while creating a reasonable pathway for legitimate rescue organizations that partner with us? So how can we help on the zoning side? So one option for consideration is to look at the zoning side of the process. Rather than eliminating the special use permit process, an alternative could be considered allowing rescue organizations to apply for a special use permit and additional zoning classifications. That would still provide a review process. It would still give the county an opportunity to consider compatibility and potential impacts. But it could create a pathway for responsible rescue organizations operating in locations where their current zoning classifications do not provide one. At this stage, staff is not presenting that as a predetermined solution. We are asking That is an area the board would like us to explore further. So in other words, would you be open to us reconsidering where the special use permits specifically for kennels can be considered outside of the ones that are already listed?
I'm just thinking, I don't want to make, I want to make sure we don't have any unintended consequences. Would we open it up simply for the term kennels? not open up for special use permits of any sort in all these other zoning classes?
So it would be as defined as kennels. And I would have to, if legal is in the room, if you want to, implications of the definition.
Dana Oleski, Chief Assistant County Attorney. To answer your question, Commissioner, I think specifically you're asking if we were to open it back up, limiting it to just kennels. My recommendation would be the table specifically. What Mr. Roussel is referring to is that in your tables for your B4s, your B5s, you have the table that identifies kennels as being by special use permit or by right. In the residential categories, it is not listed at all. So the recommendation would be to include kennels in that table and then decide in what categories you would allow it by right, if at all, or by special use permit. So for instance, in the residential, you have the PMH, which is a mobile home park. That would probably not be an area where we would want an application for a special use permit for a kennel, whether that be a breeder or a rescue. So you would want to leave that particular item blank and not allow it by special use permit. The concern is that the way that the code is written today, it allows your growth services director, when you don't have a listed use in a category, for the growth services director on a case-by-case basis to decide, yes, I'll take your application or no, I won't. By simply putting it into the table, it takes away that subjectivity from the growth services director and says these are the areas where we've decided it would be prudent and reasonable for a rescue or a breeder, anyone operating as a kennel, to be especially in the residential areas.
Thank you. That answers my question that it's very finite and limited to kennel only. Right.
So, I mean, we're obviously trying not to put them in residential areas, right?
Well, not necessarily. We would be opening up the table for consideration for a special use permit in these other areas, A1, A2, A3, B4, B5. Those are existing, I'm sorry, but the R1s, R2s.
So if I may, Mr. Chair. So what occurred during that rescue meeting is that we realized that a lot of our partner rescues are located in residential areas. So today...
They're fostering.
Well, and not necessarily just fostering, but operating kennels. And they are... They've been in existence. They seem to be good neighbors. We haven't had many... complaints or issues with them. But the concern is that going through on a case-by-case basis, the growth services director may make a determination that they could not apply because of the residential nature. And then, so you would be expanding that in any of those situations, just like any other special use permit that comes to this board. You would have to look at compatibility with the surrounding land uses and whether or not that's the right place for a kennel to be. you have throughout the time approved breeders with small amounts of dogs in residential areas based on the type of neighborhood that it's been. But because of the way your code is written today, legal would recommend that we explore through your Land Development Regulation Commission and through those public hearings, do you want to expand it into any of those residential areas? You have approximately, I think it's, you know, A few rescues that we know about, I would say probably 20 to 30 rescues, at least a third, if not 40% of them, are in residential areas.
So, but is that term? Yeah.
I don't.
I'm on. I don't see any problem with exploring that. If staff can bring back a way to do it so that you do protect the neighboring properties and if we have an application come forward and neighbors are all in support of it a special use permit is a special use permit if you don't follow the rules the special use permit can be taken away so i mean that would just be what i would say because we have a lot of really great rescues they are an extension of what we do and we have people that want to do things and when we think of a rescue i know that immediately we might be thinking of somebody who has 20 or 30 dogs Well, you're liable to have somebody that only deals with cats. Maybe they have five cats or ten. You know what I mean? It might not be an innocuous use in that residential area. Unfortunately, we had a really, really bad player out there. And sometimes you put things in place and you have unintended consequences.
So I don't think it would hurt the sport to take another look at it.
I guess the women have spoken.
All right.
Thank you, commissioners.
So the other part of the presentation is related to the cost. So currently rescue organizations may not have an animal services permit but will face $1,000 special use permit applications. We see these organizations as volunteers, as fosters. We try to help them through their operation. so this this is something that we wanted to ask the question to the board if you would be open to whether it's a temporary exemption or reduction or something more permanent specifically for rescue organizations not entirely for kennels so I just wanted to be clear that that is not a anything that is kennel I'm just talking about rescue organizations that partner with us at our extension of us similar to volunteers similar to our fosters if there is a way that you would consider something?
I would support waiving their fees because what they're saving us by taking some of these animals in all of the areas as far as the care that we have to provide as well as possibly freeing up kennel space at our shelter, I think it's well worth it.
I agree. Thank you.
So I don't have a problem. I think that's a good thing. But I do want to quantify it. I think there should be a qualifier. Right. Like if you did one foster for us for a week, one time. Right. I just think there's a difference between people that are like legitimately our partners and then, you know, people that help us out on occasion. And I don't know how to distinguish that. I would just wish you would bring us back when you bring this stuff back. Like, OK, is can we is there something we could put to this to say, yeah, this is a qualified rescue partner.
I'm not asking for everybody. us like to include fosters. He's talking about legitimate rescues. And legitimate rescues, they have to go get a 501, is it a 501c3?
They're 501c3. I mean, they have to put... And that's fine, but we can put a list of those things together and say, hey, this is what a qualified rescue is, and we exempt those folks. In order to qualify for the exemption, they would have to meet certain... They'd have to meet whatever those requirements are.
I just think it should have something to it that is easy. Anyone can go get a 501c3 for... at the start and then not end up doing what they say they're going to do either, just to get a fee waived. So, I mean, that's the other thing.
That's a lot of trouble to go to just to get a fee waived. And I think that he can bring you back qualifiers that would make sense.
People start off with great intentions.
You'll bring us back something?
Yes, absolutely. Well, and honestly... If that's the case and they stop becoming, I think maybe to your point, we can put some language in the special use permit. That's the great thing about a special use permit. If you stop being a rescue, if you stop being a partner, then you have to apply for a regular permit or the exemption no longer applies to you.
You can terminate the special use permit.
We can terminate that special use permit and then they have to come apply for a regular one if they wanted one or they have to do something different.
And we can certainly bring back those alternatives to the board. Yep. Bring something back. And we can solve those issues. Solve that.
Absolutely. That's the great thing about a special use permit is that you can work on those requirements.
Or commissioners, I don't know how we do this, but instead of just making it a blanket, maybe it's up to the discretion of...
Marrying animal services?
Sure. Or whoever to determine that. I don't think they want that.
I don't think they want to decide whether this person is $500 and this is $1,000.
No, no, no. I mean fee or no fee. Oh, okay. Not dollars.
bring us back something yeah we'll we'll bring back some more defining ideas yes absolutely and um commissioners that that um the last slide oh we already talked about it all um but that's kind of our process right now if you are curious so i did create that with ai and all those little um flow charts um it is um pretty accurate i'm not going to say 100 accurate but it's pretty accurate what these rescue organizations have to go through right now that I'm trying to help through the process. So I do appreciate the board support and we'll bring you back something at a later date.
Thanks, Angel. Thank you. Appreciate the update.
Commissioner, I have one last thing to get some guidance from the board on related to data centers. You have directed that we do a moratorium for 12 months. Legal has worked on that. They do have a draft ordinance. It will be heard by Planning and Zoning Commission on August 31st in the regular meeting in the evening. And then we talked about October 6th to be heard by the Board of County Commissioners. We also have the opportunity to bring it to you on September 15. Two reasons for that. September 15 would be before the workshop that we have scheduled for September 21. I think it will probably help reduce down, calm down the intensity of the workshop. And at the same time, October 6, I'm not going to be available for that public hearing.
You can't bring it back September the 1st? Like at 10 o'clock?
September 1st is due. We have to advertise after PNZ. We need the time to advertise. I think it's 14 days or 10 days. So the earliest we can bring it back is September 15th. October 6th I won't be here. So it's for your guidance and direction what you would like me to do.
I'm good with September 15th.
I had a little apprehension about doing it before the workshop, but everybody's okay. That's fine.
I mean, I had the same. This is not following any kind of process, and that really bugs me, but whatever. Me too. It's okay. This thing just keeps coming up.
That's why you need to put it to bed for a little bit and have time to take a deep dive into it and fully understand it.
All right. So, commissioners? Everybody's good? 15. Good for 15? Yeah. Okay. Thanks. I think that's what everybody wanted to do, right? I don't like it, but we'll do it that way.
All right. All right. Thank you. All right. September 15 in the afternoon as part of planning and zoning.
Mr. Venture.
I've got something. I didn't bring this up earlier, but while I've been sitting here this morning, I've been getting emails from county attorneys from around the state. We got served with a federal lawsuit against the head of the Florida Department of Law Enforcement in multiple counties and cities. It's a constitutional lawsuit against registration of sexual offenders. So, as I said, there's 33 counties named in this lawsuit and 17 cities. And so the emails that I've been getting are just communications from other county attorneys and they're contemplating and expressing interest in a joint defense because many of the issues are going to be the same issues amongst the various defendants. For Marion County, there's two main claims to our current ordinances one of them is they simply say our ordinance is too vague to be enforceable and then the other one is that it's uh has an inappropriate um residence restriction on sex offenders so we're in lumped in groups of counties that have similar types of insufficiencies with their ordinances, according to this lawsuit. But anyway, I just wanted to let you know that a number of the county attorneys are looking into hiring a single firm to defend this. We've done that in similar things in the past.
That's usually a good idea. I think.
I get a consensus. I'll look into that and pursue that further.
Commissioner, are you okay with that? Yes. Ellie's looking into it. Will you bring it back to us before we make a decision? Okay. Then Guy. Yeah. What is the residency? I don't know enough about it, but don't you have to just submit where that person lives?
Well, it prohibits you from being in certain locations. The gist of this lawsuit on behalf of a large class of plaintiffs is it basically is making it where these people can't live anywhere. or you can't go on a vacation in a county even for four days because you're prohibited from being in so many places, and you can't be present in certain locations, and you can't go to public parks, you can't be anywhere near a public school, so on and so forth. So anyway, that's the general gist of the... Who's bringing the lawsuit?
It's a...
Public interest lawsuit by Florida Action Committee Inc. on behalf of many similar plaintiffs.
Can't wait for that. One more lawsuit to the pile. All right.
Mr. Harrell. Thank you, Mr. Chair. Committee items. Yes, committee items. Item 10.1 regarding the Code Enforcement Board is a request to appoint four full members to individual new terms ending August 2029. Frederick J. Krim, Jr., David W. Francis, Gary Ernst, and Clifford E. Wilson receive the appropriate votes.
So moved.
Second.
I have a motion by Commissioner Bryant and second by Commissioner Stone to adopt. All those in favor signify by saying aye.
Any opposed? That passes unanimously.
Thanks. Next is item 10.2 regarding the Land Development Regulation Commission. It is a request to appoint three full members for a new term ending August 2030. Jean Locito, Erica Larson, and William Nate Chambers receive the appropriate votes.
So moved.
Motion by Commissioner Bryant, second by Commissioner Stone to move the slate. All in favor signify by saying aye. Aye. Any opposed? That passes unanimously.
Item 10.3 is a request to reappoint the incumbent member to the Marion Oaks MSTU for Recreation and Facilities for a full term ending August 2030. Ms. Kathleen Martin, receive the appropriate votes.
So moved. I have a motion by Commissioner Bryant, second by Commissioner Stone. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. Thank you, Mr. Clerk. Thank you. Appreciate you. All right, notations for actions. Commissioners, any issues with the schedule?
Did we not move the Wednesday the 23rd to before our workshop on the 21st or after our works immediately following our workshop on the 21st? 21st is the moratorium. Or the workshop, workshop, yeah.
All right, they can bring it back. So let's move to 11-2, we'll bring it back this afternoon. Are we okay with 11-2? 11-2, the one thing that I would like to say about that is do one of two things there.
We're going to have, you're four days away from having two new commissioners sitting in here. So either invite them to that workshop, make sure that they know that they need to come and listen and learn, or hold that workshop after they're sworn in. Because they're going to be the ones that are going to be involved in that project.
Okay. And I'm okay with either way. We can invite them.
Or you can delay it and have them sitting on the dais.
Just delay it a couple days.
They're going to be the ones that are going to be doing it.
Unless there's a timeline.
No, there isn't. We'll bring you a new date if that's what you want.
I don't want to delay it. If you don't want to delay it, we'll do it. I don't know why we're doing that. If they can sit in the audience and hear the exact same stuff we're hearing.
Yeah, but they're going to have input, and if we direct staff to do anything, and I don't know that we'll be doing that that day, but if we direct staff to do something and they don't agree with it, then you could be— They're still out of— Their numbers won't matter. Or they might have a good idea.
You never know. I'm sorry. I couldn't resist.
Well, the next board meeting, they can bring it up under commissioner comments. They're going to have plenty of opportunity. I do not want to start doing that.
And I don't mean any disrespect to them, but I mean, we've got two great experience people right here. I just soon continue to do business.
All right. We'll do business. All right. I need a motion for 11-2 then. I'll move. I have a motion to move 11-2. Second by Commissioner Stone. Sorry. Motion by Commissioner McLean. Second by Commissioner Stone. All those in favor, signify by saying aye. Aye.
And I just want to reiterate because it's been said at a couple of things where I've said that it's important for the new commissioners to be involved in these decisions because they're going to be the ones that are going to be doing these things. It has nothing to do with not continuing to do business. We're still continuing to do business, and I don't want the public to think that that is any kind of a driving force.
I understand, Commissioner. I just don't want to delay this project by another four days. This is a really important road project. You don't delay it, not even by four days.
Oh, my gosh. I happen to know how important it is. It happens to be in the district that I represent. Four days is not going to make a difference.
Well, I'm not willing to take that chance.
all right we're just gonna have a great workshop thanks so much to catch up on that I just I love you guys let's just keep moving all right uh general public comments we got a few people signed up let's dive in uh Deborah I don't want to butcher your last name I apologize and then um Bob Burton will be on deck and on the next podium these are the folks that signed up for five minutes Bob Burton, is he here? Oh, OK. Perfect. Thank you. Yes, ma'am.
Good morning. My name is Deborah Stutz. I live at 4491 Northeast 112th Avenue. And I'm here today to speak on behalf of the residents of Connor Road in regards to increasingly unsafe conditions surrounding the public access to the Marjory Harris Cross Florida Greenways at the corner of Northeast 112th Avenue and County Road 314. And I want it to be very clear from the beginning that we as a neighborhood do not object to the public using the public land. We're not asking to block access to the river, and that's not the issue. The issue is that section of river between Turkey Landing and Connor Landing is currently being used as a developed recreation area without any appropriate infrastructure to handle the number of people that are now coming there daily. Both areas functioned as steamboat landings in the late 1800s to early 1900s, bringing both travelers and supplies to Ocala from Jacksonville and the St. Johns River and hold significant historical value to Marion County. At one point, it was a thriving hub with a hotel and a post office, but it is now a completely undeveloped section of Florida conservation land bordering a small residential neighborhood that is made up of the families and defendants of the original settlers in that area. There is no real parking area, no bathrooms, no trash service, and no infrastructure to handle those people. This summer, the amount of traffic has increased very quickly. On weekends, we are regularly seeing more than 50 vehicles, many with several people in each vehicle. Cars are parking from that corner on Northeast County Road 314 down 112th Avenue into residential yards and driveways and are often blocking the roadway or blocking visibility at an already very dangerous intersection. We have seen vehicles speeding and racing along the road, including past children waiting for the school bus. The stop sign has been hit more than once in the last few months. Our street sign has currently been stolen. Utility boxes have been driven over repeatedly, and markers that were just installed to identify underground high pressure gas lines for a county project were pulled up or run over within weeks. One of our biggest concerns is emergency access. If and when someone is hurt at that river, or if there is a fire or medical emergency, I do not know how quickly an ambulance or fire services could get through with the way cars are lined up along the road and around the entrance. We've documented trespassing onto residential property, damage from vehicles leaving the roadway, spinning tires through yards, trees knocked down, threats and attempted violence towards residents, repeated removal of no trespassing signs, and attempts to poison residents' animals. At the same time, vehicles are traveling across private property and state conservation land despite Greenway's signage prohibiting motorized vehicles. A barrier that was previously installed by FWC was removed by people attempting to drive through, and the environmental impact is becoming severe. Residents are routinely removing large amounts of garbage, including broken glass and discarded needles and syringes. We've found human waste, piles of abandoned fish and animal carcasses, and still warm remains of unattended fires. We're watching significant erosion occur along the riverbank at Turkey Landing and north towards Connor Landing, along with damage to native vegetation and wildlife habitat, including the destruction of two known gopher tortoise burrows. Residents have repeatedly contacted Office of Greenways and Trails, Florida Fish and Wildlife, Department of Environmental Protection, the Marion County Sheriff's Office, and multiple Marion County departments trying to determine who has the jurisdiction and what we are legally permitted to do to protect our property. Instead of getting a consistent answer, we've received conflicting or ambiguous ones. We have spoken with the property appraisers, code enforcement, and county engineering while trying to determine what rights actually exist here. Sheriff deputies have likewise given residents conflicting instructions, with some treating the parking and trespasses as a civil property matter, and others telling us that regardless of where our deed lines and our property maps are, we can't prevent vehicles from parking there. I am not asking the commission today to settle a private property dispute. I am asking the county to help resolve a public safety problem that has developed because no one seems to be able to tell residents or the public which agency is responsible for this location. First, we need an authoritative decision of the status of Northeast 112th Avenue. If the county does consider a public right-of-way to exist, we need to know the legal basis by which it was established and the defined lateral batteries of width of the right-of-way so that residents and law enforcement are working from the same information. Second, we need the county and appropriate state agencies to address the immediate public safety problems caused by roadside parking, blocking visibility, reckless driving, and inadequate emergency access. And finally, if Turkey Landing is going to continue to function as an authorized public access point to the Greenway, it needs to be treated as one. There is Greenway property adjoining the area that can provide designated parking rather than directing dozens of vehicles down a residential road. We are not asking to keep public away from public land. We are asking the county to help establish where the public rights begin and end and who is responsible before someone is seriously injured.
Thank you, ma'am. Thank you. Appreciate it. Moneer, will you work on the right-of-way end of things?
We will have to look into all of this, Commissioner.
And then we can write a letter to Greenway. Greenway or this. You can get me at least the information on the right-of-way. Okay. Thank you. All right. Thank you, ma'am. And we have her information. All right.
Everything's so nice, and then I come in as the wrecking ball.
Name and address for the record.
1-251 Southeast 105th Summerfield.
Pleasure. Good morning.
Good morning. I'm here to talk further about Ballard Partners and my history with the machine they're a part of, specifically to do with Watershed. History of that machine, an intimidation, fraud, election interference, including ghost candidates and dark money to include arrests, bribery, blackmail, color revolutions, both abroad and at home. And as it turns out, because all politics is local, hometowns such as ours. I've brought each commissioner and the local press, if they have a reporter here, only a few documents that hopefully will give them a taste of my concerns to show they are worthy of further investigation. I have decades of files. Falcom is tracking their shadowy, violent treachery and updating my investigation. Now, this is not Ballard themselves. This is what they're a part of, a larger machine. In updating my investigations into Ballard, I ran up on ongoing local color revolution as I've described it at the Jacksonville Electric Authority. There are many newscasts and board meetings covering that scandal. The targets of that color revolution are in great danger. At least one has taken leave of absence. I understand it is due to fear. I can tell her her family and her pets and anything dear to her is in grave danger. She herself is in danger. Much as I have described Metta, Oracle, and other billionaires making privatizations, the more common privatization of we the people's investments are local with domestically and abandoned in this case and abroad. In this case, it is Marion County Precious Life Giving Water. The non-profit government institutions involved even make monstrous profits by supporting both sides of every war. I provided each of you with a document showing our lobbyist fingerprints on artificial intelligence missile guidance chips supplied to Russia which are detonating on targets in Ukraine. The American taxpayers have invested $195 billion in that conflict. 118 Americans have been killed in that war. That is why we call it treason. But these are not the first missile guidance chips provided to the to American enemies by potential enemies. In my history with this machine, which Ballard is part, I hold record of Henry Nee providing Hellfire Missile Guidance Chips to China for which he was not arrested. He was deported back to China before an uninvestigation could implicate operatives of that machine. As for water management, I have involvement in the creation of this Menace Minimum Flows and Levels and later your Basin Management. By this same machine, so they can now privatize Florida's water, which in great part they have already done for the transnational corporate clients that have no alliance to the U.S. flag to which we pledge our allegiance. In this invasion to rob America of her natural resources, I have seen threats of gunfire, criminal coercion, murder, and I have seen malicious prosecutions and raids ordered by their operatives that hold positions of power such as attorney generals and the FDLE commissioner complaining he was being coerced to attack political adversaries of this machine. I showed him his name in an official deposition. He resigned after executing a paramilitary raid on my home where they pulled my late wife from the shower at the point of two M-16s as she was suffering seizures from the brain tumors that took her life. The charges for wiretap were abandoned two long, hard years later. gunfire into my home, recusal of seven judges, and the removal from office of two third-circuit states' attorneys, the second of which changed his name and fled to Arizona, only to be brought back by a Marion County private investigator. He was convicted and sent to prison. We all like to believe these things happen in third-world countries. That is incredibly naive. I have with me personal photos of the sabotage of water catchments with the intent to create minimum flows and levels and the intent to eventually privatize the people's water for foreign corporate interest. If you want representation in Tallahassee, I'm your man. As we now know from the Epstein regime, it's not who you know in Tallahassee, it's what you know about who you know. And while we're at it, perhaps we can clean up the problem causing love canal-type deformed fish that flows directly into Marion's most pristine Ocklawaha River. I am interested in how Ballard became known to the Marion County Commissioners. As to data centers, I'll be back. I have some photos that y'all may be interested in just of the sabotage, and I have a stack of files that deep on this machine. I've been in this game over 40 years. This is the deposition with minimum flows and levels where the commissioner of Florida Department of Law Enforcement resigned, but you guys are, and I believe it was you, Ms. Bryant, asked how I learn and know this stuff. I'm not, I hadn't owned a TV in 40 years. I'm not on Facebook. I read the policymaking think tank publications. It's all I do, and it's what I do with this, but I think y'all could benefit from some of my stuff.
Appreciate it. All right, thank you. Mr. Joseph Walker and then Mr. John King. Morning again, commissioners. Morning, sir.
My name is Joseph Walker. I live at 18820 Southeast 54th Place, Oklahoma, Florida 32179 in District 1. Today I'm going to go back in Marion Camp Dust Bowl area and talk about that. We had a problem back in 23 when I started on it. You know, with the... Regarding the... Regarding that corner... That's 7-Eleven there, right off of Mary Camp Road. This is the way it looked like on there. That's the way it looked like in 23 and also in 24. They finally cleaned it up. We've got it taken care of now, where they mow around the whole area, around the whole block, and got that taken care of. That was done to help, because part of it's WRA, code enforcement, You know, worked on it, solid ways to help out there. And then we also had the commissioner help. And then we also had international properties. He worked with that on that, John Buriani, I believe his name is. I don't pronounce it very good, so I try on that one. Then we got that taken care of. Now we get to move to another area in there that has the stop sign is not maintained. That's Kitty Corner across the street from where 7-Eleven is there on it. We've got that, you see the garbage is sitting there? The guy has a little can there? Well, we finally got him out of there last year. they had a, what do you call that, trespassed him over there, so he moves across the street and works away. You know, that's the way things are. But we have this this year again, it's the same thing there. We can't get the grass, weeds cut down or nothing here. That's in front of a stop sign. It's that way already again this year. Is it possible we can get somebody in there when you make up, you come along here and you give the developers access to it and they're supposed to maintain it. There's a possibility we can get them to mow one strip down that, you know, on them corners there and then we take care of also the fire hydrants. We get them taken care of. We got other areas in there, they got the sidewalk in there and the weeds are growing in front of that. You can't even see the sidewalk. So that's on Cedar Road over there. So what happens? Within the last month now, we had a homeless camp moved in there. And now code enforcement's going to take, I don't know how many, three to five years again to get it out of there? Because that's what we've been having with them. So, you know, on it. We'd appreciate it if you can get something done on here and get something when you're okay, somebody to come in, a developer comes in there, at least to maintain the stop signs, you know, on there and cut the weeds down in front of it on it. Here's another picture here. This is on the other side. Walmart's right in the background there. And Florida Credit Union's right there in the corner. They maintain their property there on it. But the ones that do the maintaining pulls in on the other side of the street. Right by that stop sign is there. And... There's no reason why they can't cut the weeds down in front of that. We have that, you know, 23, 24, 25, 26. We have the same corner there, and we can't get nobody to maintain it. What is wrong here on it, you know? We can't get the sidewalks done. You know, when we can't get the weeds cut down, we can't get the fire hydrants open. We finally got... right-of-ways there along Cedar, you finally got them sort of maintaining them now. But we have, I have to go in here and hold their hand for it, you know, as mounts do on it. There's no reason for this. I appreciate if we can get something in here and get established in here and get them so they can mow that, you know, and cut the weeds down in front of there. Also, if they do the mowing within, you know, within five feet of the sidewalks or the curb, I wouldn't be here. It was as simple as that. And this is what we got in our community. Why do we allow something like this to go on? Because, oh, we can't do nothing about it because it's private land. Well, you guys are okay that the first place developer is in there. Who's responsible? They don't want it. So I appreciate you guys getting something done on this if you can. I know it's hard. Any comments there?
Just thank you.
You're welcome.
All right. Mr. King, hey, good to see you, sir.
Good to see you. John King, 17450 Southwest 38th Avenue Road in the beautiful Marion County. I want to first, before I get started, thank you, Commissioner Zalek, Commissioner Bryant, for your years of dedicated service here in the county. I truly feel, in all my heart, the work that you've done here on the board has made Marion County a better place to live.
Thank you. And thank you for your continued service, even though you're not with the best agency. I'm just kidding. Yeah. We love the city.
Thank you. I'm here present before you, and thank you for the time to speak today because I have a shared interest and concern with the rest of my neighbors about the increased presence of ATVs, motorized off-road vehicles, trespassing, vacant commercial residential properties. County retention and drainage systems are electric utility easements in Marion Oaks and the greater Marion County community. What used to be just occasional riders have escalated into frequent and disturbing activity. Nights, weekends, riders frequently cut through the easements. They perform donuts and DRAs, acrobatic stunts. I watched them. even go up and down the utility roads that have these huge transmission distribution towers. And if one crashed or collided with one of those towers, which have been there for decades, The entire electric grid could go down. So it is of really serious concern that this is controlled in some type of way. The ATV traffic persists a critical danger and risk in many ways. I just want to mention three of them. First and foremost is a public safety concern. A misjudgment by one of these riders on one of these unpaved roads can be catastrophic. I just looked at some of the statistical data on deaths right in Marion Oaks and Marion County just recently. A few years ago, a 41-year-old man died after losing control of his Yamaha ATV on Southwest 153rd Loop. 2013, a 32-year-old man in Donella, he succumbed to fatal injuries after his ATV collided with a tree in Marion Oaks on Southwest 72nd Circle. Fox News reported that a 10-year-old boy, a student at Sunrise Elementary, he died after an ATV he was riding overturned on him. May 2023, Marion Oaks again, 41-year-old man was killed and his 40-year-old wife seriously injured their off-road vehicle hit a utility trailer. Recently, March 2026, right here in the county, an 18-year-old female passenger died, and the driver, 18-year-old friend, a boy, is now seriously injured after overturning his ATV. So it's not just an isolated incident. It's becoming more and more prevalent. These ATV drivers and the roads that they're prohibited to travel on, that's where they're at, and that's where these accidents are happening. Second, I'd like to talk about the risk that it poses to the electric grid again. These easements and access corridors exist to support critical infrastructure, and they're regulated and federally protected by the Federal Energy Regulatory Commission and NERC. These regulations require utilities to identify risk on these properties that are essential to what we do as far as providing electricity that's needed. Where would Florida be without electricity and AC? Right? So we need, right? We need it. And across the country, as you are aware, there have been threats to both water infrastructure and electric infrastructure. Thirdly, I'd like to talk about property ownership. They don't belong in the property because it's not theirs. It's private property. It's owned commercially, or it's county-owned property. I flagged down and talked to one of the ATV drivers. Long story short, he told me that no one's using that property. why can't I use it? I told them, do you see the trespassing sign there? You don't belong there. It's not your property. And people just don't get it. These properties should not be used for recreational activity. And although we have signage there, they still trespass it. They just don't care about law and order or anything else, especially the rights of others to pursue peace. So today I'm before you because I have no place else to go. I've contacted the Sheriff's Department, Deltona Corporation, Duke, Marion Oaks Civic Association. I talked to President Charbonneau, and she's even discussed her frustration because the golf course is used for ATV playgrounds. Your engineer just briefed you on the road development at the 49th extension. Well, that unfinished part of the extension, any night or weekend, that's the ATV playground. The riders are there on that unfinished road. So, Commissioner, is there anything that you can do to strengthen the ordinances regarding ATVs, work on property fences, barriers, especially to the electric infrastructure, How about surveillance? More police presence or sheriff presence? And I'm not saying call out the National Guard, but perhaps if they could frequent some of these places where these ATV riders congregate, that presence could mitigate them trespassing some of these protected roads. And fourthly and lastly, A coordinated public education effort, sometimes a simple campaign, possibly through the county's website, alerting citizens on the prohibitions and the penalties that it carries for trespassing some of these areas. Perhaps what can be done to educate Our citizenry is something through the social media or other public notices. Sometimes a message coming from the commission, the board, is much more impactful when it comes to something like this. So I appreciate your attention to this matter. Your commitment to public safety is widely known and the infrastructure has to be protected because we need reliable infrastructure. I'm happy to provide any documentation, photographs, or any additional information to support you to develop solutions really to protect our county, our citizens, and our critical systems that contribute to the quality of life here in the great Marion County. Thank you, Mr. King. Yes.
maybe some reaching out to the sheriff's office, because this does fall under their purview. This is a law enforcement issue. I don't think there's any ordinances that we can pass that will change any of that. But maybe asking them to maybe have a coordinated effort out there to start cracking down on some of that, as well as the public education component of it. Because Mr. King is right. Unfortunately, people don't care. They don't care about violating anybody else's rights or using property that isn't theirs that they think that they should be able to use. Heck, I was sitting in a restaurant last night watching a girl vape. You're not supposed to do that in a restaurant. I just wanted to put that out there. Anyway, I was two seconds from going over and telling her to stop. My husband said, don't. Anyway, if we can reach out and have a conversation with Sheriff Woods and ask him to – It would be a great conversation for you to have. I'll be happy to have the conversation.
Mr. King, would you mind to – I think because you're living that process, could you give us a handful of locations? And if you could talk to the gens in here and give them to them, then when Commissioner Bryant calls or we write a letter or whatever, we'll have locations to ask the sheriff to go look at.
We certainly have awesome technology.
We do.
That we can deploy out there to make sure we're grabbing people's attention.
Maybe we can get them to do some drone training out there in the evening. Yeah. Thank you.
All they got to do is put the helicopter up in the air five miles away.
All right. Thank you. Thank you, Mr. King. Appreciate it. Some other folks. Was everybody?
Yeah.
Okay. Mr. Joel Hickman and then the other Mr. King. Daryl King, and then Aubrey King. You guys will be next. Please come and give your name and address for the record.
I actually had to rewrite my whole thing because now it's afternoon. So good afternoon, Mr. Chair and Board of Commissioners. My name is Joel Hickman. I live at 15961 Southeast 115th Place Road in Ocklawaha, Florida, District 1. So from 2012 to 2019, I was a substance abuse counselor. And I worked at an opioid treatment facility. I know this was 8-1 earlier. I didn't speak until now. There used to be a huge stigma in the county as far as first substance abuse and addiction, and when we moved our location downtown, it was actually not welcomed, even though we were only moving eight blocks from where we used to be. So it took almost 10 years for the fentanyl awareness to be implemented in 2022 when fentanyl had came out in 2012 to 2013. So during that time, city and county I feel really didn't do a whole lot, but I start to see a change now and that is happening. So I want to commend you on what you've done today as far as for wanting to look over the regulations before you implement anything. Also, number two of why I'm here, Last time when I had turned in the petition of 5,167 signatures to postpone the workshop, we are now at 6,019. So I do appreciate you hearing me. And also just a question in regards to the process. How does the process go from holding a workshop? Has it normally been implemented before an application, or is this like a special workshop that's being done?
A workshop is just to have a discussion as the Board of County Commissioners. There's no application. Okay. There's never been an application. The only point of a workshop is just to sit down. This is where we get to talk and talk with our staff and talk with our team. So that's all that is. Okay. There's no application.
All right. But does a workshop normally happen after an application? No. Or is it put before?
I mean, well, it depends on what... Workshops are... There is no process. we don't have workshops for like a zoning issue necessarily. We have workshops for all kinds of things. We had workshops for, if you look on our agendas, you know, we had work, we had four or five workshops for the parks bond that we just talked about today. We had four or five workshops for this. It's just, we have work sessions basically to talk for the commissioners to get together and just talk about ideas, talk about issues that that's all they are. They are not necessarily scheduled before a public hearing or anything like that. Now, on the land development code side, if there was ever an application, Once an application comes in for any kind of land use issue, it will go through the process, right? So you make an application, staff works on the application. It goes to planning and zoning. From planning and zoning, it comes before the commission for a final vote.
And a public hearing.
Those are all public hearings, right? So that's a different process if there's ever an application in the future for any kind of, we'll have them this afternoon. Those all work through the same process.
All right. Well, I do appreciate your help. Yes, sir. Thank you. Have a great day.
Mr. Chair?
So I was having a conversation with somebody, and anyway, the conversation doesn't matter. I just thought, would it be something for you guys to think about moving forward? Maybe instead of calling our workshops workshops, we call them work sessions so that, number one, the public maybe understands that it is more of a work session for the board. It's not a workshop for the public because I think sometimes the public thinks that we say workshop and they think that it's something for their benefit. So y'all can do what you want, but I just thought the term work session is the same thing.
It's the same fundamental thing.
It's the same fundamental thing, but would it put a different...
But does it help to understand it better? Correct. That's a great question. The next chairman figure that out. I'll look into it. Mr. King?
Good morning.
My name is Darrell King. I live at 17525 Southwest 41st Circle. My property actually shares the easement with the property that's been leased to Duke Energy for the power lines. And my backyard actually abuts their access road. And from move-in day, we've had to deal with the dirt bikes and ATVs that idle and drive behind our house. And initially, I tried to respectfully alert them to it being private property. But we quickly realized that was a fruitless endeavor just based on the sheer amount of people that drive back there. And then eventually, they begin being irate and yelling obscenities at me and throwing trash in my yard. So we began calling the police pretty much on a regular basis. I believe so far we have around 88 calls to the police since then. And just to show how prolific and popular it is to ride, we found a Facebook forum that was centered around Marin Oaks ATV riding. And I have just a few comments. When asked about where were the trails, I have a few comments here from people. Karina said everywhere in Marin Oaks, mostly in the back. Mary says, I have a trail next to my house. I believe it connects all the way to power lines. You have to cross three roads. Rebecca says, there must be a trail somewhere since four ATVs were out on the manor this week. If I get one, I can ride mine on the boulevard and others. Phil says, go to the power lines. Hang a right and follow the trail. Frank says, the highlands is where the trails are by the recycling center. Jill says, ride Marion Oaks. Stop being Karens. Have fun. Enjoy your life. James says, mostly the power lines. Amanda says, in Florida Highlands, we have a mud hole, which refers to the area in front of the recycling center. There's a lot of off-roading vehicles over here, especially the weekends. This last one says, no official trails in Marin Oaks, just a power line access trail that these ATVs use. I agree it's annoying late at night, especially when they blast their music. It's a shame that the Sheriff's Department does nothing to curb this nuisance. It's been ignored for so long, it has become the norm now. So I just want to just ask that we... somehow hold the owner of that property responsible for protecting that property and ensuring that that property isn't used for these illegal activities. Thank you, sir. Appreciate it. Thank you for your time.
Can you leave that over at our office? Sure.
OK. All right.
Aubrey?
Good morning, commissioners. My name is Aubrey King, and I live at 17525 Southwest 41st Circle in Ocala. To give a personal perspective, my family has lived in Marion Oaks for 20 years. And when my husband and I purchased our first home here last December, we were eager to invest in this community. Instead, we have faced daily disruptions to our quality of life. Our neighborhood is currently being used as an unauthorized off-road course for recreational vehicles. On a regular basis, residents deal with trespassing, late-night noise, littering, and verbal harassment from individuals riding illegally near our properties. Many of our neighbors are deeply impacted by this situation but choose to stay silent out of frustration or fear of confrontation. Most activity centers around two main hubs, what is known as the mud pit at the highlands next to the Florida Recycling Center. And Gordon Lake is located in the back of Marion Oaks. Furthermore, online groups and local businesses are actively promoting our residential areas as a public trail system. I have compiled video evidence and screenshots documenting this targeted promotion by both businesses and residents. We have been forced, unfortunately, to contact the Marion County Sheriff's Office over 80 times in the past eight months of owning our home. While deputies respond, phone calls alone cannot resolve the issue of this scale. It requires structural intervention. So I'm asking the commission and the sheriff's office to coordinate directly with Duke Energy and the Deltona Corporation. We need physical barriers installed to block access to these hubs and service roads. We need those breaking the law to be held accountable for their actions. We simply want the peaceful community we expected when we chose to purchase our first home in Marion Oaks. Thank you.
Thank you, ma'am.
All right, that was everybody we had signed up. Was there anybody else that didn't get a chance to sign up?
Henry Munoz, 495 Marion Oaks Boulevard. I think the problem we're hearing here is something that I Occasionally I might see somebody going down the boulevard, but to know that there's a concentration further down is ridiculous. And the other thing is, right of way, front of my house, I'm responsible for cutting the grass, right? Yes or no?
I would assume so.
Okay. So why can't I put a political sign there just for a season without it becoming a code enforcement problem?
Great point.
Because it's right away and that's just always been the law. It's public right away.
What does that mean?
Hi, good morning, Commissioners.
Tracy Straub, Assistant County Administrator. So we post signs in the right-of-way by permit. We really cannot have everybody just putting signs anywhere in the right-of-way. It does create a visual impediment, and it does distract drivers using that right-of-way from the other signs that are regulatory and advisory for safety purposes. So it's beautiful if anybody wants to post a sign on their piece of their property behind that right-of-way line.
Okay. Okay, that's a good question. But how are we going to resolve this thing about these ATVs running around? We need to have a park set up for them, but also they can't be running around all over the place. And they're picking on my community. I don't like that.
We have a whole forest for them to ride in.
Right.
Yeah.
There are trails, ATV trails, in our community. They're not in Marion Oaks, but they are in our community. And they need to go ride them where it's appropriate and legal. That's the bottom line. And hopefully, I think Commissioner Bryan will talk to the sheriff.
And we need to get more advertisement out so these people know where they can go.
Yeah, and we need to work with Duke to make sure that they get trespassed, see if they can get trespassed.
Thank you.
Thank you. All right. Is that everybody? All right, we'll bring it back to the board. All right, commissioners, we'll open up with commissioner comments. Commissioner Stone.
No, sir, I'm good. We've covered a lot today.
All right. Thank you for everything. Commissioner Bryant. Commissioner Curry.
Just go vote. These candidates, huh?
Yeah.
These candidates have put a lot of time and energy to try and represent the community. So go support your favorite one. Mr. McLean.
Hey, I just wanted to thank you. I got to do, finally got, we were supposed to do my firehouse tours a while ago, but I got to go with Chief, and I wanted to thank the Chief personally for coming with me. Appreciate you and the team. And I thought it was really cool. We got to go out to the one that you guys were kind enough to reopen in Orange Springs. And was it last week or the week before? They got their first save. they were there in two minutes. Otherwise, that victim would not have made it. So thank you for that. Thank you for supporting that process. I really do appreciate it. It really means a lot to me, but it really means a lot to that community out there, and those guys are doing a tremendous job. So appreciate it. Anything else? Otherwise, we'll be in recess until 2 o'clock. Thank you all.
See you all shortly.
Thank you, Mr.
Chair. As the only of interest, that's more item to express your in a moment when we items off. Raise your hand and we will find out if you have a question. you just have a question we will try to address the question right then see if we can resolve that if you have an objection we will bounce that item down into the third category of items and that's the items for individual consideration if there is no objections or questions to the consent items the board will make one motion to adopt all four of those items at one time If you're here and you are the applicant for one of the items on the consent agenda, once the board makes that motion and approves it, then your matter has been approved and you can leave unless you just are really in need of entertainment today. Then we go into the items for individual consideration. We've got four items, and these all fall into the category of quasi-judicial matters. We have a final development master plan for a single family detached dwelling, 325, 29 units. We've got a special use permit, a zoning change, and another special use permit. The quasi-judicial items, the board is looking to ensure that the application is consistent with Chapter 163 of the Florida Statutes, which is called the Community Planning Act. They're also looking to determine that the applicant application is consistent with the Marion County Comprehensive Land Use Plan which is considered to be the local government's land use constitution. We're also looking to determine that the application is consistent with the public interest. And finally, we're looking to determine that the application is compatible with the surrounding property. Specifically in the case of special use permits, one of the benefits of special use permits is that the board can impose conditions on the application, the primary focus of which is to address any items of incompatibility between the application property and the surrounding property. If you are here and you are one of the neighbors of one of these properties, if for any reason you feel like the proposed conditions are not adequate to address Whatever your concern is, you're free to propose a different or additional condition, and the Board can consider that. All the testimony for these quasi-judicial matters will be under oath, and so in a moment I'll have everyone who's going to testify. to stand up and we will administer an oath to everybody at one time in mass so we can get that out of the way. We don't allow cross-examination in these proceedings, at least expressly. How we handle questions that people have for the applicant is when the opportunity is presented for the public to speak. come up to these podiums and tell the board what your issues or concerns or questions are. We will make records of those questions and at the end of the public comment we will bring the applicant back up to the podium and have them go down and address each one of the concerns that have been voiced by the citizens. Please address all your comments to the five members of the Board of County Commissioners up here. Please do not turn around and look back at the audience and try to gain the support or approval of the members of the audience because that's irrelevant to the Board's consideration. None of these matters are popularity contests as far as the board is concerned. They have legal requirements that they are obligated to satisfy with respect to whatever decision they make, either in favor or to deny the application. We have two podiums. Some of you I see look familiar and you've been here before, but if you're new to this type of proceeding, we encourage people to come up and use both the podiums and take turns. Each of the podiums has a little light box on the top. with three colored lights that are similar to the traffic lights, green, yellow, and red. Members of the public have two minutes to voice their questions or concerns. And that may not seem like much, but I assure you that if you make sure you get your number one and number two points out first, you'll have plenty of time to do that. And if there's more people on a particular item, we encourage you to not repeat what the people in front of you have said. Try to provide some additional comments or evidence for the board to consider. Generally speaking, in order to be competent evidence, the evidence needs to be something based on your personal knowledge, and it needs to be factual evidence and not just general emotional or opinion statements like, well, I've never liked this kind of development, or it's generally going to change the nature of my view across my property line. Those types of issues, generally speaking, are not competent evidence in these types of proceedings. So having said that, at this point in time, I'll ask anyone who even thinks you're going to speak today to go ahead and stand up and we'll administer an oath. If you don't stand up and get sworn in, you won't be able to testify. Please raise your right hand and repeat after me. I solemnly swear or affirm. Testimony I will give will be the truth and nothing but the truth. Under penalty of law. Thank you, Mr. Chair.
All right, excellent. We'll start jumping into the agenda. We have several DRC waivers. We'll start off with 1511.
Good afternoon, Commissioners. Chuck Verdon, Director of Gulf Services. So getting us started today, first item, if we can bring up the screen, first item is the DRC waiver. This is for a family division. Parcel number is 50099-009-00. It's a little over a three acre parcel, has a rural land, future land use in a zoning of a general agriculture A1. This is part of the Happy Valley 2 subdivision. It's a they are a series of unrecorded, unregistered meets and bounds flag lot subdivision on the very boundary southern boundary of Marion County. And So this is a county road, and this is a non-maintained, unpaved, non-maintained county road. And then, of course, this is Lake County. Yeah, I think it's Lake County. So this is the county line, and all these go out to there. And really the main issue that we're bringing this to the board is what is your appetite, if you will, for this subdivision as far as the potential? for the increase in density there. So there's really no issues with this particular family division for the most part. This is the lot in question. They want to do a family division for two. He wants to give it to his sister who's been sick, and they want to live closer together. And so totally no issues with any of that, right? The only thing would be is with this, each of these 15 lots could do the same thing, could do family divisions for three on each of these. And doing the math, that's 45. And then And that's in theory. Not every one of them would, obviously, but potential is there for that increase in density. And then each of them could also do, in theory, again, a guest cottage. So now you're up to a potential, again, maximum of 90 going out to a non-maintained non-county road out here. Non-maintained county road. Right now, there are mostly... manufactured homes. There are some single-family homes out there. What else? Oh, one other thing is this is 20 foot on this flag portion of the access road, and then they are going to provide the 40 foot. That is one part of the waiver, too. So they are, by code, supposed to provide 40, but they have 20 foot there. And then this just shows the lot. It's 1,550 feet away from Southeast 155th Avenue. That is the county road. And then the total is 2,640 to the last lot in this little subdivision. That's a picture of the current road looking west down the non-maintained county road that southeast 180th Street. And then it's just another close-up picture. DRC, we denied it. to essentially bring it here to get your all thoughts and feedback on this subdivision. So I think that's it. All right. And then the applicants here, if you have questions.
Please come up. Give your name, address, and reason for the family division.
Good afternoon, commissioners. Should I give them the letter? You guys want the letter?
Let's start out with your name and address. I'm sorry.
Felipe Almeida. I live in Orlando, Florida. 7636 Bayport Road. So my name is Philip. Can you address Madam Carter? Yes.
OK. Thank you.
My name is Philip Almeida. I'm the one on the property located Weirsdale. I'm here to respectfully ask you to overturn the DRC denials of my family division request. This project represents a long-term retirement plan for my sisters and me. Our goal is to build a primary home next to each other and retire there. Under current zoning regulations, my 3.1-acre parcel is restricted to just one primary residence and a small restricted gas cottage. This prevents my sister from building a proper full-size home for her retirement. Approving this family division is the only legal path that allows her to have her own independent private residence, while generating a separate parcel ID so we can each be financially accountable for our own property taxes. I want to clarify our access plan. Neighbors lots 8, 9, 10, and 11 already have their own independent pathways and driveways. We are not creating a new share of roads or affecting neighbors' access. What we are doing is simply extending the internal private driveway easement across my land, lot 1, so my sister can access her land, lot 2, using our existing driveway. Furthermore, both the utilities and Zuni departments technically approve our final map in the NHGov system prior to the DRC meeting, including the 20-foot utility easement request by Marion County Utilities. This is a genuine family division, fully compliant with the LDC 216.1b10, where you strictly abide by the county's five-year no-save restriction. Denying this application does not change the rural character of the streets, but it prevents a local family from responsibility planning for retirement. I kindly ask you for your common sense approval today. Thank you for your time and consideration.
Thank you, sir. Appreciate it. If you'll have a seat right here, we'll take some public comment. Anyone in the public want to comment? All right, seeing no one, we'll bring it back to the board. Commissioners, any questions?
Yes, Mr. Chair, I have a question. Currently today, because it is not a county-maintained, county-owned road, did I hear that right?
Correct. Yes, ma'am.
Who maintains that road today?
It would be privately maintained.
Do we know or does the applicant know who maintains that road today?
Do you mind coming back, sir?
Well, he's giving me a negative response. He does not know.
Yes, no, it's a no. Yeah, I don't know. No one maintains it? The roads to access those lands? No, I don't know.
Okay. So you know that will be your responsibility, right?
Correct.
Okay. How long have you lived at that location? I don't live there. You don't live there?
No, I live there.
So does anyone live there?
No. Nobody lives there.
There's no residents on there now?
There is a mobile home there, but nobody lives there.
So help us to understand the plan then. Because if no one lives there today, why would you need the family division today? Is somebody going to build the house now?
Yes, yes, correct. So our plan is to, in a couple of years, leave there, move from Orlando to Rearsdale and live close to each other. That's me and my sister.
You're allowed to have one dwelling unit and then an accessory structure.
Well, guest cottage.
Which has to be less than?
It has to be smaller than the primary, so one square foot less. So he could today have his single family home and put a guest cottage there that's at least one square foot smaller.
One square foot smaller than whatever structure the primary residence is.
Yes, sir.
May I ask another question?
Yes, of course.
So if this were to be done and this is directed to our growth management director, is there any restriction on how long that property must be held in the future?
Yeah, they have to sign an affidavit for five years and that goes to EGLE.
Okay. I knew we had put that on in another area. I didn't know if it encompassed the entire county.
Yes, that's for any family division that was part of the update, let's say, a year and a half or so ago, for five years, and they have to sign an affidavit for that.
Okay.
Do they have to develop it? I couldn't remember.
I don't think they have to develop it within five years.
No, that wasn't the rule.
Yeah.
I'm not sure.
It just can't be sold off.
Yeah, it just can't sell it.
So... By the time they get there, though...
I don't know. He said a couple years. So I have another question. What obligation does the county have to non-maintained, non-owned roadways as it relates to public safety?
Askable. Yeah, I'll have to look at the – We don't actually have any obligation.
Our teams try to make them passable, right? So I know, like, in my district, some areas of Salt Springs and other places, you know, our guys will go out there and try to make sure that they can get to somebody's house, right? Think about the Ponderosa and some of the other places, right?
At some point, if that area were to do what you're concerned with, I mean, we could put an MSBU on that area for that roadway. Potentially. Potentially. Yes.
We just have to force it if they weren't. Yeah.
Yeah. If I can add to the conversation, the county will have no responsibility to maintain the road or to make it accessible because it has never been maintained by the county. The only implication would be on county services would be first responders. If the road is not passable, that's what will cause issues. I have not been on this road. I don't know the condition of this road or if anybody has made any effort to maintain it.
Well, I mean, the problem, though, is in theory, right, I live on a dirt road, too. The more people that drive on that dirt road over time, you know, and the problem is, no disrespect to you, sir, but, you know, we deal with these things 20 years down the road. People's family divide. The thing becomes an issue. Access becomes an issue, even when you do these easements. With all due respect, this is a terrible, from a planning perspective, this is a terrible principle to set. I'm not saying that your family shouldn't have it or whatever. That's not really, it's not for your situation. I'm just saying the county and the way that these were split were meant to be split in big parcels for a reason, to put a single family unit or so on there, not to create three or four lots. And so... a principal standpoint from a land planning standpoint stuff out at the end of our county at the county line unmaintained you know we should really think about density and those issues i think it is a good point um i'm not saying one or two of them would be bad necessarily right but over time we run into these problems and then trying to find these easements and trying to find this stuff and trying to figure out you know if your sister sells it when she's done with it or whatever happens right those are the long-term legacy issues that the county ends up dealing with at some level we did one down in um lake weir last year somebody had an inheritance trying to find an easement trying to find an access trying to find these it was they had to go through a lawsuit to try to figure it out right i mean it's
Yes, Mr. Mentor, if we were to do this family division and there were to be some other future requests in the future to do the same thing, are we then under, are we setting a precedent under any obligation then to do the same thing for every single one of these other parcels that comes in and wants to do the same thing?
I would say generally you're under what I would call political pressure, more than legal pressure to do that. You know, you should take each one of these things on a case-by-case basis. I mean, arguably you might face an issue of an equal protection challenge, you know, if you had identical scenarios and all other facts were the same, it certainly would It would be challenging for you to say no to another one.
But possibly as density increased on this, then it becomes more of an issue on the road and public safety and potentially, right?
Yeah.
I'm really in a quandary on this.
Well, commissioners, I don't have a problem with this one. It could become an issue in the future with that roadway, but it's hard to say this one's going to be fine. If they all do it, then it could become an issue, but I almost feel like dealing with it on a case-by-case basis, and if all of a sudden that area starts to do that, then we need to really be careful. That would be my thought.
Are there structures on all of these lots, or do you know?
I don't know that there's structures on all of them.
And then the last question is from a water and sewer standpoint, I presume now they have a mobile home there, although it's not being occupied. So the mother-in-law house or the additional home, would it require its own well and septic, or would it be hooked into the primary residence?
An accessory structure.
What's that? I believe it would require its own.
So if it requires its own, would it be an enhanced system?
I'm not sure on that one. I don't know. I would assume so, yeah.
I don't think out there. It's not in the primary zone. It's not in the primary zone. It's not in the BMAP out there. So it shouldn't. Right? Tracy, it's not in the BMAP, is it? Yeah, I don't think so.
Staff saying it's not in the BMAP, so it wouldn't have to be enhanced.
And they can have three family divisions on this property, right?
They could do another family division after this, one more.
Well, but could they? Because doesn't each one have to be at least one acre? And they're splitting it in. No, they're only splitting it in twos, 1.55 and 1.55. So it could not be split again.
the way they'd have to they'd have to reconfigure it's like combine it and then but by the acreage they could have three but to your point yes they would have to reconfigure the lot basically i thought once you give it once one family member gets it that fam the family member who got it they can't give it back and get it again correct but they
But it could go to two other family members in that instance. This is very confusing. But the receiver can never give it back and get it again.
I don't know that never.
I thought that's what I read, that once you get it, you get it one time only.
I think they could combine it.
I thought I read that somewhere.
We talked about it, but we didn't do it.
What if the receiver sells back? To the to the proper so they can combine it.
They can get it back and get it again.
Mr. Mr. Chair.
Yeah.
So I think we're getting hung up on a bunch of stuff here that is in the future. And I think we need to stick to what we're dealing with here today and make a decision.
I think it matters. All right. Bye, Tracy. Turn your mic on.
No subdivision and conveyance to the same family member more than once shall be permitted. However, what is being said, if they were to split it, because we have had to go through this before, if they were to split it into 1.5 and 1.5, if they position the house appropriately, the well, the septic, and then they came back later, we could be in front of the board asking for adjustments so that they could create a third parcel. There would be nothing that would stop that conversation with the board.
To give it to someone else. Another family member. Another family member. Exactly. I don't know.
I can get behind this either way. I'm not going to support this. I think we're just building another problem in the future. This just doesn't pass the smell test to me in terms of development and what we're trying to do down the road. So I'm not supporting it.
I'm going to support it. I think the issue is down the road and we can deal with the issue down the road if some of these other parcels try to do the same thing and all of a sudden we start to have a big problem. But for this one case, I'm okay.
I'll support you on that, Commissioner, because you'll be the one here dealing with it.
That'll get you three.
All right. I'll make a motion to approve the waiver request. Second.
I have a motion by Commissioner McLean, second by Commissioner Stone. All those in favor signify by saying aye. Aye. Any opposed?
That passes 3-2 with Commissioner Zalek and Commissioner Curry dissenting. Thank you, sir.
Good luck. Thank you so much.
Hope you'll enjoy your retirement years there.
Thank you.
And shop in Marion County when you get here.
All right. All right. Next item, 15.1.2. This is also a DRC waiver request. This time is for a buffer waiver. Partial ID is 9007-0100-20. It's a little over a – or just – 0.85 acre parcel has commercial land use and a B4 regional business zoning. And this is for UMB property management. Absher Engineering is the applicant. So the issue on this one. So this is Southeast Maricamp. This is the parcel in question. It's not developed at the moment. They're wanting to put an office there for plumbing. They're not doing outside storage, just office space. I think some inside storage, but nothing outside. The building will go about in here. So the question is, by code, there's supposed to be a buffer here from commercial to this is a DRA. And, of course, I'm sure everybody knows, but just for the public, but this right here is a utility line that runs parallel to Southeast Maricamp. So they're required to put a Type C buffer, and that's 15 foot wide, no wall, just trees and shrubs. And so the the question is, well, let me see. Yeah. So they want to waive the buffer requirement entirely. What staff has talked about with the applicant would be they do have some let's see if I can go back. It's hard to see it necessarily, but there is some existing trees right here. And so looking at that existing trees, using that kind of like as a screen, So the alternative buffer design would basically be almost like a screening for this business to keep it screened in a sense from the view shed, so to speak, from Southeast Maricamp looking here. So this would be expanded, just grass, you know, that basically if they needed to expand into that, they would have to come back to us, but we would view this as the alternative buffer design. in using that cluster of trees. So that was the alternative we tried to come to amends with them. And then this is basically their site or landscape plan. Kind of shows the same thing. So that's really the crux of the issue and Mr. Absher is here to
Yes, sir. Mr. Absher.
How y'all doing?
Good.
Ed Absher, 5614 Southeast 111th Street, Bellevue. The real question to me is I'm a little bit confused on the whole intent of the buffer. If you read the buffer section in the Land Development Code, the reason for installing buffers The intent, the very first thing under buffers is, it is the intent of this section to eliminate or reduce the negative impacts of the adjacent uses upon each other such that the long-term continuance of either use is not threatened by such impacts and the uses may be considered compatible. I don't know how I'm incompatible or how this site is incompatible with a retention pond. And the only reason that this has come before you is because, according to the code, drainage facilities are considered public facilities, and that's the only reason it requires a buffer. If it was just a blank, an empty piece of B4 property, which it is on B4, if it was just an empty piece of B4 property, it wouldn't require a buffer. But because it's a county DRA, it's required to buffer. And for the life of me, I can't see why we're buffering DRAs. I mean, we're building roads out in the county adjacent to subdivisions, adjacent to farmland, and we're putting DRAs out there, and there's no buffers. But for some reason... This piece of property requires a buffer. And that was my main issue. I don't know why it needs a buffer. And also, the location of the building from Mary Camp, which is not an adjacent use. An adjacent use is a DRA. And it says adjacent uses right in the buffer code. It don't say something that's on the other side of the adjacent use. I don't even know that it applies to me. It don't even don't even apply that I need a type-c buffer on the back of the property But it's also by building is 225 feet to the rear property line and then another 295 feet to Mary camp so my buildings over 500 feet from the road and I just don't see the need for the buffer one other point is the That DRA was part of the subdivision Silver Spring Shores. It was platted with Silver Spring Shores. The water from my project goes to that DRA. So I'm buffering a DRA that was part of the project when this property was subdivided. I just can't wrap my head around all that.
One thing, if I can note, in addition to that, there was, I think the county engineer just got a $20 million grant for a shared use path along that same route. He can talk more about it, but it would also help provide screening for that as well. And it hasn't been designed yet, I don't believe, but again, he can speak to that, but it would likely go on that side of the road.
Is there going to be any storage on the outside?
No, sir. It's just an office building. But my real question is, should a DRA in a business require screening between each other?
Yeah. There are plenty of cases that it should. Absolutely.
Okay.
We do it in residential. We do it on PUDs all the time. We do it in many cases. And yes, sir. Okay. And your preference might not be to. No, no, no. That's fine. But it is part of the infrastructure of the community, and you should have to buffer it as part of the code.
Yes, sir. Okay. But if it's a private DRA, you don't have to do that.
Well, that's correct, but it's not.
Okay. Okay.
It's part of infrastructure, and in some cases, that's why you bring it before the board, right? Right, right, right. To have a conversation.
No, no, no. I'm good. That's all. But the thing is, if my property, if my client's property develops, it's a minor site plan. We don't need drainage at this point. But when it does develop further, they're going to put a DRA up against this DRA. So we're going to have two DRAs butting each other with a buffer in between if the waiver is not approved. I don't know.
Listen, I understand your particular case may be a little different, but in general, right, it's a piece of infrastructure. The DRA is a piece of infrastructure. In some cases, the DRAs should be buffered.
When we build our DRAs, do we buffer our DRAs from the adjacent uses? We do not. Depends. I didn't think so.
We did on 35th.
You did it on the Bellevue Bypass, 49th Street, or 49th Avenue, or 484 when it was four lane.
That's correct. In some cases, they serve as the buffer.
Mr. Chair?
Chuck, can you bring that aerial back up, please?
Sure. Let me go back the other way.
But in this case, I don't actually disagree with you. I'm not saying that I disagree. I'm just saying, but in certain circumstances, it may be required. It should be a part of the conversation.
He's reserving the right to make a different decision on another one.
Just show me, where are you talking about that multimodal path going?
I'll probably look for the county engineer, but I think somewhere in here.
Okay, so his property is not even touching that. No. Okay.
It is not touching it, but it would be, there's nothing in between here. You could see straight through.
And it depends on the uses, right? So depending on how those B-type uses develop, there are some things that probably should be buffered, right? This office building might be fine.
But then in the future, it could develop into something else.
I mean, and if this particular property actually went to the road, then you'd want it buffered.
But it doesn't. But it doesn't.
But it doesn't. Well, and that was my point. If there was a secondary piece between us in the road or in the DRA, then there wouldn't be no buffer on my property. But just because it's a DRA, all of a sudden it needs a buffer. That's where I don't get.
I'm going to make a motion for approval of the waiver. Staff is recommending a condition, though, on a different part of the buffer. What's the?
No, just the alternative plan. That's there.
So we recommend the alternative plan. And he's requesting to completely waive the buffer requirement.
Because the trees are already there. Yes. All right. A motion for approval of the waiver.
With this thing? Or no? You're going to let him clear it all?
No, we're going to leave the trees. My waiver was to leave the trees. Second.
I have a motion by Commissioner McLean. Sorry, I misunderstood. Second by Commissioner Bryant. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously.
Thank you.
All right. Yes, sir. What's next? 1513. 1513.
We're definitely not going to say okay to this one.
Good afternoon. Stephen Coon, county engineer. I need to apologize first. This was supposed to be on the morning agenda as some cleanup that I'm doing internally. Also, there were There's some text I need to go over with you as well. So this actually came through, this is an ag lot split, first of all. The code allows up to 10 lots being 10 acres each in size. This one being one split that results in two 12 acre lots. a little bit different than what you traditionally see with an ag lot split of a interior subdivision road. This just has a easement proposed along the frontage of the county road. So with that background, this actually came to the DRC on July 20th, where it was tabled, came back to the DRC again for additional consideration where it was denied, and that was on July the 27th. What isn't reflected in the agenda here is it actually came back to the DRC again on August 3rd, where it was approved for a waiver. There was some additional laying with legal.
I've already made the motion to the chair, commissioner's system, really in an FI facilities. Build a second one. Per the code, you take the existing UCs, which creates a connection. So when you look at this map we have here, from the main down here and I'll talk about this in a second but from this main down here to the edge of the property is about a little over 700 feet so therefore they meet the connection distance of there within 800 feet and then we're required to connect per code so We have talked with the applicant, and I can tell you a little bit about some potential solutions if you want me to get into that. But per code, they're required to extend an 8-inch dead-end main to the other end of their property to serve both the existing home and the new home that they're proposing. It's a fairly significant cost to do that. And so they're looking for a waiver from that connection.
It looks like we've already run that thing down the street to connect to other people.
Yeah, so what this is, this is only a two inch service.
Okay.
And this is part of a utility acquisition, so it's not something we would have done. But what I can tell you is what we were trying to think of creative solutions with the individual And one creative solution is to simply do a service from here and do a two-inch service. So you're not doing the full eight-inch main to the end of the property. You would just do a service to service that parcel. We had that discussion with the applicant prior to DRC. And at the DRC, their desire was still to seek the overall waiver from Water Connection.
The service line will be much better. What's that? I said a service line would be way cheaper. Correct. Correct. Yes. Okay. So that's one of the solutions?
That was one that we had talked to the applicant about, but their desire was to come here. And so I believe it was July 27th they came before the DRC and we denied their request for the waiver with support for that denial from the DRC. Commissioner Stone?
And what would the expense of just the two-inch waiver be?
Yeah. So the two inch line would be you'd have to they'd have to pay two connection charges or capital charges and then two what we call long tap service charges. And so that comes to about forty five to forty six hundred dollars to do to be able to connect both of those.
So that would be $4,600 total for the two? Correct. Okay.
Plus the line itself? Or is that including running the line?
That's the total for everything. If we do it as a service from that existing two-inch line and we extend that two-inch line as a service to them, that is the total cost to the applicant. Okay. And just for comparison, to extend an eight-inch dead-end line per code, it would be north of $70,000. Right. That's what I was thinking.
Mr. Chairman, can you get adequate pressure on a two-inch line?
We can. We looked at it in this situation because of the distance and because of who it's serving. We are able to provide the water pressure necessary and the flow to serve that person.
Tony, how far would you be able to run that two-inch line on down and still get, I mean, what's the... Yeah, you're getting close to the end of its ability to provide.
So, you know, typically somewhere in the five to seven or eight lots and it's several hundred feet is as far as you're going to want a two-inch service to go.
I guess my point is that if we're, well, if this is where we're going to stop anyway... with the two-inch line, what's the point of, you know?
Yeah, so it's a good question. What we grappled with as well is whether you want to – if you really want to set yourself up to serve this whole area, you want to put in that eight-inch and you want to serve that whole area. What we looked at was this area is mostly developed. If you're looking around there, those homes are all developed in there. And so providing that water service to just meet that parcel – we at least are getting them on a centralized system. We're not setting ourselves up for any future connections, but we're at least getting them as part of our centralized system. And so that was sort of the compromise or the thought.
Okay. Thank you. An applicant here? Come on up.
Good afternoon. My name is Susan LeBeau. I live at 10405 Southwest 71st Court. And I also have in attendance with me here my 82-year-old mother, Louise Everett. And from my point of view, this is all about her. She goes by the name Grandma Lou. We are requesting a waiver be approved for a connection to city water requirement for a tiny home that we will build for Grandma Lou, as she is currently unable to live alone. Grandma Lou has been living in the office in my home for 16 months now. We are trying to provide her with her own space as well as reclaiming our own while still keeping her close enough to care for her. Therefore, the water consumptive use points are void as she wouldn't be using any more water in the tiny home than she is now currently living with us. Denying this waiver would additionally force us to connect our main residence to centralized water, resulting in costs of upward of an additional $20,000 by the time plumbing is rerouted, trenching, meter fees, and disconnecting domestic service from our perfectly functioning well is considered above the initial $3,000 to $5,000 connection fee. Are you, as members of this board, willing to financially deny me to provide a sufficient lifestyle and care for my aging mother and comfort for her in her final years and cause more unnecessary financial hardship than we're already experiencing? Furthermore, in researching the costs for the developers to hook up all of these new residents that are going into water, the average cost for them is $1,659 per residence. Why would it be thousands for me when I neither want nor need city water. And it appears that I, a Marion County resident for 22 years, am not being considered or treated equally in this regard. I ask that this waiver be approved, that there would be less financial and environmental impact overall. This waiver promotes economical flexibility and avoids unnecessary financial hardship without reducing public health oversight. Thank you for your consideration.
Thank you, ma'am. So, Mr.
Chair, thank you for your testimony. I just want you to understand that we have a code and staff has to go with that code. And that's why he is standing here today. It's his job presenting as it is.
Love you, Tony.
But I mean, I can take it. And but I mean, everybody up here, I think, has some common sense about them. So, Mr.
Chair, equally to everyone.
Yeah, it does. And that's why this process is here so that we can evaluate each case independently and make a decision. You want to take public comment?
Yeah. Yep. Is there anyone in the public wants to speak on this issue? We'll bring it back to the board.
I'm going to move for approval of the waiver. Second.
I have a motion by Commissioner Bryant to approve the waiver. Second by Commissioner McLean. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. Good luck.
Good luck. And God bless you. They're not the bad guys is what I was trying to say. They're just doing their job. They're just doing their jobs.
All right. 1514.
I think that was 15.1.4.
Sorry, 15.1.5. I apologize.
So this is the last of the DRC waivers. This is also a buffer. Sorry. Chuck Varon, Director of Gulf Services for 15.1.5. This is for parcel 39122-008-00. It's a .34 acre parcel. It has an employment center land use and a community business B2 zoning. So it's a buffer waiver request for Majesty Corner, Aldina Contracting LLC is represented. So the requirement is this is all B2. However, this right here is the residential use. They're using it as residential. So by the code, they are required to put a type B buffer here, and that's 20 feet wide with a wall. What they're requesting is to use the existing fence. They did get a notarized letter from the neighbor saying that the neighbor would like to maintain the fence. They're only requesting to waive the wall. They'll have the tree and the understory there. And then they are required to do a type C here. One thing to note on this side, this is by code technically required a type B however because this is a less intense use next to an existing more intense use they can go down one buffer requirement so they I think they want to do a type C there and that's by right that's not part of this waiver but just to explain you know that so they can do that by code today and I think they're I think Travis will talk in a minute I think they're they're good with That part, and we can work that out with staff. But just to note, that is the requirement and what they're requiring over there. But the issue of today is this buffer on the western flank for this type B. And so we did deny it because they are wanting to waive a wall, but staff is in support of the waiver. So I think, and this is their site plan if you want to see that.
and then what's the use it's b2 so i believe they're going to do well travis could probably okay speak to you how's it going travis aldana aldana contracting 3002 southeast first avenue ocala florida uh this is a a warehouse that's going to be rented out the um owner is basically building a warehouse that's got a small 15 by 15 office in it that's air conditioned, mostly just going to be storage. So we don't know what the end use will be on this. As Chuck said, we did talk to the property owner adjacent to this on the western side and got his permission. He has a six foot privacy fence that's already there. So the way that our site is set up right now is we have our building 20 foot off the western property line. So a portion of our building is going to act as the wall that has to be used. And so what we were going to do was come off the back of the building, go to the rear property line, come off the front of the building, go to the front property line with the same type of metal product that's on the side of the warehouse to act as the wall that would run from front to back. Owner doesn't love that idea, doesn't love the idea of this is only like a third of an acre property. So this is a super small property that he's initially wanted to build a multifamily site on. And I convinced them to build commercial so that we didn't have to come in front of you and change the land use or the zoning because it's zoned B5 and I think, yeah, employment, B2. Sorry. So anyway, so we ended up on this commercial building. We're super limited in size So we asked the property to the West if we could get their permission to remove just the wall portion So we're wanting to leave the enhanced buffer all the plants all the trees and just use their existing privacy fence and so I thought we had approval on that and then during the one of the other meetings they brought up on the eastern side, which isn't shown on our site plan and That there was a buffer supposed to be required there that got missed And so while we were trying to get the wall on the western side approved Chuck brought up that on the eastern side We should have there should be a type B buffer as he mentioned code requires for a one-time reduction in that to a type C buffer since we're the lesser of the zoning use and so I think the only thing that I'll add to that, if this is going to be added on after the fact, if you guys were to pull up the site plan, our septic drain field is located on the eastern side of our property. It runs parallel with this property. We really counted on that approved site plan to be it, and that's what we were going to do. Now that we're going to add a buffer to this eastern side, we're going to really struggle with installing plants down the side of this septic drain field. There's an 8,000 gallon fire tank at the rear of this building. We already have the 20 foot buffer down the western side of the building. We're really limited with what we can do here. Quite frankly, we can't relocate the drain field. So I'll just say, if this is going to get approved on the western side, and there's going to be some form of stipulation on the eastern side that we have to put this buffer in, probably we'll end up submitting another waiver to come back and say, hey, we relied on this approved site plan for this to be what we were going to have to do. And now that our drain field has been approved by the DEP, installing trees along the side of this drain field just seems like a maintenance problem that this owner is going to have. It's not going to take long and he's going to have maintenance issues. I don't know if there's a better version of the site plan so you guys can see the drain field that I'm talking about, but it runs parallel front to back down the eastern side of the property.
So I have a question. It's going to be a warehouse.
Yes, ma'am.
Are you thinking that you're going to have trucks coming in and out of here making deliveries?
I would say it's a small warehouse. It's under 3,000 square foot. So if anything, maybe small box trucks.
By the code, we can't do warehouse in B2. So you would need a special use permit. So that wasn't in the minor site plan. That was not conveyed. That would be a warehouse.
So what can they do? Office building, right?
Yeah, office.
Can we work with gross services? So B2 is intended for your everyday uses, your commercial or your retail office type businesses, stuff that's going to be smaller vehicles, typically services to community around it for everyday uses.
Warehouse isn't going to fit within that scope.
So I'm under the impression that when the building is done and it's occupied, the future tenant will have to go to the county and will have to get an occupancy permit to be able to move in, no?
No, I don't think that we can even approve this because on record you have stated that it's going to be used as a warehouse in B2.
What I'm suggesting is that it's a warehouse building. That's what the structure is. It's a red iron building.
The problem is you're not going to get a building permit. Right.
I think. The building's already erected. I already have a building permit.
Okay.
Okay. So what did we pull the permit for?
I'd have to look at that, Ms. Cathy. I'm sorry. Okay.
Yeah, and sorry, I mean, it's just the use that you've presented it's going to be isn't allowable with the zoning that they have.
I'm not presenting any use like final usage here today. I'm suggesting that we're building a red iron warehouse structure on this site and that it's going to be occupied by someone in the future and so we assume that that person when they move into it will abide by the county codes and they'll have to go down and get a building permit that makes sure that this building is in compliance with what their usage would be.
Regulating the building's not the problem. He's just putting a structure on there, but the use, the future tenant would have to come back for a special use permit?
If they wanted to use it as a warehouse, if they wanted to use it as an office space or something like that.
But I don't know how we move forward. I think we need to hear from our county attorney on this. I don't know how we move forward with approving anything without knowing what we're approving.
With all due respect, he shouldn't have been able to get a building permit.
I'm confused.
Tracy's looking me too. I think I'm very confused. Yeah. Do we want to take a take a pause from this and come back to it while staff does some research and we figure out the.
We're good on the buffer piece, right? So, Travis, that side already has a six foot private. Yes, sir. So I'm just kind of curious. If you have to plant it, are you going to plant it on – well, they already have a fence. Are you just going to plant more stuff on your side?
We're going to plant – yes, sir. We're going to plant what was already approved. The only portion that we're suggesting to remove is the wall that would go from the front corner of the building to the front of the property and from the back.
Yeah, but I'm just saying all those shrubs and plants are going to be on your side.
Yes, sir. Yes, sir.
But Mr. Chair, the problem, no, I'm not even going there. So the other issue that I see is when I asked if they're expecting to use this as a warehouse, no matter if it is in either, no matter that it is only a 1500 square foot warehouse. To get delivery of product, you're talking about having large trucks, not just – from where you're standing, Travis can't guarantee us that it's just going to be a box truck making that delivery. So how are they planning on dealing with that traffic?
Because that looks like it just – Commissioner, there's a driveway and like four parking spots. A box truck – a tractor trailer can't pull in here.
That's what I'm saying.
Right, so they can't get a tractor trailer to deliver. They can only get a box truck or, you know, like a pickup truck.
But you can't guarantee that, Commissioner.
Well, you pretty much did by the parking lot. Right? I mean, this parking lot, Travis, if I read the plan right, is like four or five parking spots, right? Yes, sir. Am I reading it wrong? Yes, sir. There's five. Five spots. You can't pull a tractor trailer in there?
No, sir.
Dr. Traylor already driving down the road.
I wouldn't assume they would try to pull a tractor trailer down this road only because this is a dead-end road that leads to an industrial site.
That's what I was getting at.
All right.
Anyway.
All right. So we'll push pause on this for a second and let Tracy go look at it. Tracy, get back with us. We'll come back with you in here in a few minutes as soon as she's done. Okay. Thanks, Travis.
Yes, sir.
All right. Let's move on to 15-2-1. Yes, sir.
So we can move on to the consent items.
1531. Now that's the one you had a revision on, right?
1531, yes, there was a revision. The staff report was pulled in incorrectly, and I believe you have the correct staff report.
Okay.
Now. So moving into.
End of it.
If you're good, we can move into the consent. So, once again, Chuck Varen, Director of Ghost Services. So, the consent items, I'll read through these. The first one is 15.3.1. This is a special use permit. Case number is 260801-SU for Allende Val. Sanchez and his Mary Fundera Lima as a special use permit to allow for parking of one commercial vehicle and trailer in a general agriculture A1 zone on a 2.22 acre parcel. Parcel count is 2093-003-002. Site addresses are 4636 and 4660 Southwest 166th Court Road, Ocala, Florida 34481. This one, like I said, they're just wanting to park one truck and trailer on the property. The next one is 15.6. This is also a special use permit. This is case number 260804SU for Perfect Deed Homes LLC with Kevin Steiner on behalf of 2745 PDH Extension LLC. This is, like I said, a special use permit to construct a 12,000 square foot building containing 10,000 square foot of a warehouse and 2,000 square foot of office space in a regional business B4 zone. It's not quite an acre and a quarter. Parcel number is 9024-0565-06. No address is assigned for this one. Next one, 15.3.3, case number 260806ZC. So zoning change for Donald Pearson II. Like I said, zoning change from regional business before to mixed residential R4 zone. For all permitted uses, it's a quarter-acre parcel. Parcel account number is 08370-001-00. Site address is 1898 Northeast, 128th Place, Anthony, Florida 32617. And this is just for the placement of a manufactured home on the parcel. And then the last one is item 15.3.4. This is also a zoning change. Case number is 260809ZC. This is for CGB Investment Properties, LLC. It's a zoning change from Community Business B2 to Rural Residential RR1. For all permitted uses, it's a .2 acre parcel. Parcel account number is 03873-000-00. Site address is 731 West Highway 318, Central Florida 32113. And this is, they also want to put a manufactured home on the parcel. So these are for your consideration.
Any questions? Anyone in the public want to pull any of these items that are on consent off the agenda? All right, seeing none, we'll bring them back to the board. I have a motion to approve the consent by Commissioner Stone, second by Commissioner Curry. All those in favor signify by saying aye. Aye. Any opposed? That plan passes unanimously. All right, we'll move into the individual consideration. Tracy, any result? commissioners so it does appear that staff that the application was for a warehouse with office space staff did review it and and let it through so they missed it they missed it all right so if they missed it bring us bring us you have to bring us back a special use permit for them okay so because we need to we need to technically fix it so we Travis and the owner don't run into that issue in the future we need to fix our mistake
Got to clean it up for him. Yep.
So, Travis, we apologize for that, sir. This should have been handled ahead of time.
Okay.
But we're going to have to bring you through a special use, I'm assuming, guy. Yeah. We'll waive the fees. We'll take care of it. We'll put it on the agenda. Our team will fix the mistake by walking you through that process to clean it up. I'm assuming you can just move forward as...
Can we get them to the August 31st P&Z?
Yeah. We can try, yeah. So get it fixed. Get it back to us as soon as possible. We don't want to hold up his job or whatever else. And then, Tracy, how are we going to handle that other buffer issue? Yeah.
We can do that as part of the special use permit, the buses, if you want to.
And that's fine, but I think he may want to know what we need to do. Instead of planting there, I mean, if they already have a fence on one side, Travis, what about just, instead of having that buffer like that, what about putting a vinyl fence up on that side?
On the, what would be the eastern side?
The eastern side. We could live with that.
If we could get it right on the property line.
Get it right on the property line, put the fence up. Isn't there already one there? No, that's on the residential side.
On the other side, sir, there's just a chain link. So we can put a privacy fence up against the chain link.
And you solve both issues, right? Yeah. And you bring that back as part of the special use permit?
Yes, sir.
Are you okay with that?
At that point, we would still be installing all the required shrubs. We would just be reducing by the trees that would be near the drain field.
Oh, the fence is already there? This fence is already there on the east side. I mean, maybe all that opaque part of the fence is worn off. It is. Yes, sir.
So, Commissioners, I understand he's got an issue with that buffer on the east side. We will look for what is the most compatible with that recommendation that gets added to that SUP then.
And we're willing to work with you guys. We just want to try to keep the trees away from the train.
And are you putting some plantings on the west side? Both sides, yes, ma'am.
Okay. And the western side will have the trees and the shrubs and everything.
That's where the residential is.
Yes, ma'am. You need to figure out whatever caused that issue to be able to get through without letting the customer know that that shouldn't have been that way.
Yes, sir, you are correct. The only thing I can say, this is one of the early permits that came through the new system. It's a very early permit number. It was you.
When you were in there inputting stuff, it was you. It's your fault. We missed it.
It wasn't me. I can guarantee you that.
We know it wasn't you.
My typing in rate was faster than yours. Did you know that?
Yeah.
When we were in that day helping, I processed more in the time that I was here Than you guys did.
For what?
For 10 minutes? I was here for longer than that. Just want you to know.
So I just, will Ms. Tracy reach out to me in reference to the special use permit?
Yes, sir. We'll get you taken care of.
All right. So let's, commissioners, let's, I think we should move the waiver today. Yes. Right? Let's fix that part. And then staff will bring back the other buffer and the special use permit. As soon as possible. We'll get it all cleaned up. Yes, sir.
Question to approve the waiver.
Second. I have a motion to approve the waiver by Commissioner McLean, second by Commissioner Bryant. All those in favor, signify by saying aye.
Any opposed? That passes unanimously. Thanks, Travis. All right. Let's see here. All right. 1541.
Canaway Archer Growth Services. This is 15.4.1. It's case number 260107ZP. It is a final master plan being brought back for final approval on a zoning change to PUD. This is Fawn Lakes, which is in the, I guess, the northeast area of Silver Spring Shores. And it is 110 acres. It is just north of Lake Diamond and Crystal Lake subdivision and it is request for 329 single-family homes Here you can see I believe that's the Marshall Swamp to the northeast of this property. And it is at the northern end of Bahia Tracecourse. It has a mixture of medium residential and high residential land use. And they did a step down policy from the flu policy 2.1.2, the step down from high to medium in portions of the property to reduce their density. You can see to the south, mostly single-family homes. Most of the properties are vacant or developed. Some properties are vacant. And then you have the red, which is a golf course. Here's the master plan that was approved showing the single-family homes here in the center. And then they have conservation areas on the outside. that they had to deal with. And they reduced the access from four to two. They had the main access right here to the east and then emergency access only, which is gated here on Bahia Trace. Here's some examples of the homes that they propose. some of the development plan development standards where you have 25 foot front setbacks as shown here five foot setbacks on the side 15 on the side streets on the corners a lot with they're looking at 40s and 50s and then Here's an example of showing the parking, because that's a concern. So they're showing it. The garage is being used as a garage. They should be able to get four cars, two in a garage and two in a driveway.
How big is that driveway?
That one is 25 foot deep. By what? It doesn't say, but at least it does. 20 foot wide. Oh yes, there it is. There, 20 foot wide driveway. Here are the amenities proposed. You have a walking trail with benches throughout, gazebo and cover shelter, recreational field, pickleball courts, and a play area. And here's a layout of what the site plan will look like there.
The thing that we asked for, because it was like something, lighting or something?
Not on this one.
Where was that at?
That was down by Lakeware High School.
OK. Yes, that was.
This is the one that the people came in and actually liked, Mr. Tillman.
The big issue here was the access because originally they had the four access points. This is the proposed buffers here where we have... It's not called out very well. C-type here in the front, which is in the red, and then the natural vegetation here in the green, I believe it is. And the C-type buffer will be two shade trees and three ornamental trees for every 100 linear feet. And then they have an E-type buffer with four shade trees for every 100 linear feet and a optional six-foot privacy fence or opaque fence, I suppose. Just development plan timeline. The traffic methodology was approved on August 21st of 2025. The step-down waiver was approved December 8th of 2025. The PUD rezoning was approved in January 20, 2026. And then the traffic impact analysis was approved January 29, 2026. So from staff standpoint, they've accomplished all of the conditions for the master plan. We are recommending that this move forward with approval.
OK. Any questions for staff? The applicant here?
Good afternoon. David Tillman, Tillman Associates Engineering, 1720 Southeast 16th Avenue, Building 100, Ocala, Florida, 34471. Obviously, Commissioner Bryant, it was easy to remember that I was liked by these people because it happens so seldom. But anyway, the major change was down this bottom right-hand corner, was changing that access. There were multiple points of access there that they felt like people would come through their community. They wanted some additional space in between the houses that existed there. So we widened the buffer. We changed that connection point to a gated access only and eliminated some of the other access points. And so that allowed for a design that they were appreciative of. It's always nice when you can make changes that do accommodate the surrounding community. So we were very happy to do that. I do have some handouts that just show the details that were up on the screen. If y'all want me to pass them out to you, I can, but I think y'all really, the intent of a master plan is to come through and show that we did what we told you we were going to do. So I think we have here. If you've got any specific questions, I'll be happy to answer them.
Commissioner, any questions? Yes, Commissioner.
Does the subdivision have streetlights?
No, sir. So it's not designed with streetlights right now. Typically, though, the users that come in as the last, I guess the people that purchase the lots typically do demand them, and I would expect that there will be streetlights in here, but it's not part of my approval process. It's not something that's in my plans or my master plan. So I don't want to tell you that it's an absolute, but I would tell you I'm 95% sure that there will be streetlights here.
Well, just a footnote, I think going forward, that's something else that, just like the parking, we need to look at that. You know, if you go out and, for example, you look at Millwood. Millwood doesn't have streetlights. You go to Emerson, right next to it, it does. If you're out walking in the evening, there's no streetlights. I guess you have to carry a flashlight. The city, from what I can determine, requires street lights inside the subdivision and out, correct? We don't, in our code, we don't require any street lights. And I bring this up not to beat on this project, but as I go out and look at things that we have approved and look at what they actually look like when people are living in them, I think something like streetlights would be an improvement to the quality of life and the salesmanship of the units. But it's just something for the future, for the near future, that I'm going to kind of look at in a deep fashion. But I think it would add a lot to these subdivisions if we had them.
I certainly agree with you on the parking.
And I think lighting is a personal preference. At the end of the day, I mean, I want my yard dark. I don't want there to be lights on all the time.
These aren't street lights that are 40 feet in the air. I know exactly what you're talking about.
These are little 20, 25-foot decorative fixtures that are out there.
Some light in the subdivision. And from a safety standpoint.
I'm not willing to say I'm going to want them across the board, maybe case by case scenario, but I couldn't commit to every single development at this point in time.
I think that it is something you need to look at on a case by case basis and especially out there. You might have some folks that move in there that like what they see and hear.
I mean, the dark skies is something that people care about. Those types of lighting that you're talking about don't have any shielding. They do create glare and glow.
And you're on the greenway right there, too, with conservative property up against that.
Well, I don't want to tie you up today, but I just wanted to broach the subject with the commission.
That's a long-range planning change is what you want to see.
Thank you.
All right, any other comments? All right, David, thank you. Thank you. We have one person signed up, Mr. Townsend. And then anyone else that wants to speak on this item, you can come to the other podium. Is there anybody else here?
Good afternoon. John Townsend, 104 Hickory Loop, California. As you guys might remember, there was quite a few of us who came here the last time. And we'd like to, I can only speak for myself, but I'd like to thank Mr. Tillman and his company for working with us. And I would ask that you do approve this one. There's going to be a lot of more cars in the area of the shores, but like I said, I'm never against someone making money on property that's here to be developed. But Mr. Chair and Commissioner Bryant, I want to thank you for your service and wish you luck on your next journey.
Thank you, Mr. Townsend. Appreciate it, sir. Anyone else? All right, we'll bring it back to the board.
Move for approval.
I have a motion approved by Commissioner Bryant, seconded by Commissioner Curry. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. All right. Item 1542.
Kenway Rocker, Gross Services. Again, this is item 15.4.2. This is case number 260802SU. It is a special use permit to allow for a 199 foot monopole style telecommunication tower in A1 zoning on 1,399 acres. This is Fig Lake Preserve, which is just east of Lake Weir. You can see here's a regional location, and here's our subject parcel. The current land use is rural, and the zoning is General Agriculture A1. Here is a map showing the surrounding uses. You can see outside of the large parcel, it's mostly platted subdivisions that are a mixture of developed and vacant. We are seeing growth in this area. As you can see, we did a using ACS data, American Community Survey, looking at 1 mile, 2.5 miles, and 5 miles from about the location of where the cell tower is proposed. Currently, within one mile, there's about 406 people. Then within 2 and 1 half miles, there's currently about 3,191. And then within five miles, about 10,314. And then we're looking at the trends we're seeing over the last few years. These areas are starting to trend upward in population. Looking at the 1 and the 2.5 mile, population trends out there and then we're building a dashboard that shows residential permits and just it's still still in the works so when it's done we'll give it to you we want to make sure it's super easy to use but looking at that just looking at the last five years of residential permits in the area we're starting to see there's quite a bit of homes starting to be developed out there This is the setbacks. It meets all of the criteria from the code for the setbacks. It's a very large parcel. Here's the proposed site plan. And it will be 199 foot. So it will not require FAA lighting on the top. And it will have a five foot lightning rod as well. Another look at the site plan where they will have the screening and buffering per code. a six-foot chain link fence and five-foot wide landscaping. Here's the propagation maps. You can see the proposed location is right here. With the 2100 megahertz, you're seeing a bit of a coverage change, and then with Looking at indoor terminals, you're seeing another almost the same size circle. And then we get into the other sizes that I don't know if this interests you. This tells you that the coverage will be better out there. And the applicant can speak better to this if you would like. Some site photos. Currently it's mostly undeveloped, preserved. And so we have found that it is consistent with the comprehensive plan. It will not adversely affect the public interest. And we find it to be compatible with the surrounding area. So we are recommending approval with conditions. You can go through the conditions. We made a couple of changes at PNZ working with the applicant. And I think we're on the same page now.
Commissioners, any questions for staff? Is the applicant here?
Good afternoon. Mary Solick, 121 South Orange Avenue, Suite 1500, Orlando, Florida. I'm legal counsel for Gulfstream Towers. Your staff has outlined all of the particulars of the application. We meet all of the code criteria. We had no opposition present at P&Z. Do you have any questions for me?
Commissioner, any questions?
I do want to, it's the first time I've seen the population and data in a staff presentation, and I really do appreciate you putting that in there. You are highlighting a problem that we face on our side of the table. It takes us two years to get a cell tower completed. built from the time we identify a property and we get it all the way through so we're always chasing the need we're always chasing the development and we can get one in in a great location that meets all of the code criteria ahead of the growth that's coming then we get ahead of the game and we don't pack the house You're fortunate.
I do agree with Commissioner Bryant that I think the ones in the rural area should, the ones that look like trees are better in these rural aspects.
They're really cool looking.
They do look way better. Yeah.
Not at 199 feet. Well, yeah.
They stick out a little bit. They would stick out a bit.
Yeah.
Okay. Any other questions? All right. Any other questions, sir? Okay. Thank you. Anyone in the audience want to speak on this? All right, seeing none, we'll bring it back to the board.
Move for approval. Second.
I have a motion for approval by Commissioner Bryant, second by Commissioner McLean. All those in favor, signify by saying aye. Aye. Any opposed? That passes unanimously. All right, 15-4-3.
Good afternoon, Kenneth Odom, the senior transportation, our senior planning staff, excuse me, transportation planner. Item number 260808ZC is a resounding request to rezone 26, approximately 26.05 acres of A1 and B2 to PRB. This is located just north of, excuse me, the Santos area on US 441 south of the city of Ocala. As I mentioned before, this is a combination of B2 and A1. At this point in time, the land use here is all employment center, which allows for a mix of residential and commercial uses at this location. It does allow for PRB as well, recreational vehicle park. Just a little bit about the area. This is inside the primary springs protection area. So one of the major concerns that we had about it also is it is within the inside of the urban growth boundary, but utilities was going to be something that was of concern to us in these analytics. Always is. We'll go over most of those in just a few moments. There is not direct water and sewer available at this location, but during pre-application meetings, staff did have conversations with the applicant directly, that since this is a PRV, just like mobile home parks, there would have to be some sort of accommodations for water and sewer, either municipal services or it would have to be a package system. They are opting for the package system, but we'll go over that in just a few more moments. You're all very aware of this area. This is a commercial corridor, industrial corridor. There's a lot of outdoor sales of sheds. There's a junkyard that's in the immediate area. This specific location, just for proximity purposes, is directly south of the now church that is on the east side of the corridor there. One of the other things that was of concern in this one is the previous ownership of the parcel, the current ownership of the parcel. One of the things that we're looking at here, and this is something that has been discussed, this is just like some of these rezoning we've seen previously. This rezoning is contingent on the sale of this parcel. The owners that are currently stewarding the property are not going to have anything to do with this property after the sale of it. We've checked with MBV Engineering, Mr. Bruce Moya, and they've confirmed that. Rebecca Grohall is here also, and she will speak to the board on that note as well.
I just think it's funny that you were pointing that out. Sorry, that was what my giggle was for.
No, it was discussed. We actually knew what the name was there. Obviously, it's something that we don't really take into account when we're doing this, but we did notice the signature, our signature. of this particular parcel previously. This is B2 and the PRB as proposed to be rezoned. You can see that the existing B2 in this portion is to stay. The small sliver that comes out here is the portion of the B2 that will be changed to PRB, and then the rest of this is all A1. This is a conceptual plan as proposed by the applicant. This is going to change. We've already been through a couple of iterations with this. However, all this will be handled during the development review stage. As you can tell, there is no cross-access here for any of the parcels to the north, to the south, or from the commercial area back into the PRV location. That has already been discussed with the applicant, and they are prepared to make those changes, and we will review those during the development stage as well.
I just find it very interesting that somebody would want to put RVs up next to a railroad track.
When we were having a discussion with them, one of the things that is interesting to them about this location is it is indeed close to the Santos Trailhead.
Yeah, I understand.
That park fills out every winter, and there's not enough camping locations there, and that's one of the specific things that we discussed with the applicants.
I was thinking that this parcel was originally part of the current owner's master plan that we saw several years ago.
I believe that there was some POD extensions when we saw, I believe all the POD was to the west side. I believe this was part of a conceptual plan. that they did try to put in at one point in time. I think there was another parcel that was included with this as well. So it might have been the out parcel with the single-family residence in it here, but I believe you're correct about that.
So that has changed.
It sounds like... From what we understand and what has been the information that we have been given, as I mentioned before, by MBB Engineering, which is the agent for the applicant, the sale of this property is contingent upon the rezoning. The reason that we needed that individual's signature is because they are, he is a representative of the current owner of the trust that owns this property now. We would have done that with any other property. We have to make sure. Go ahead.
Just to your question, I believe it's before my time, but when we did some research on it, speaking to the engineer for the Optum RV across the street, think they came forward initially with a call it a concept of a concept plan but they did not move forward that that's that what turned into the PUD that is now was approved across the street and they currently are in compliance they've got the master plan approved and they are on the six month time clock so to speak to get their major site plan by January 1
And how can we be guaranteed that this isn't going to become an accessory use of that, even though they're going to be under different ownership, because they had some big plans for that over there, and that's a problem.
Part of the issue is that the straight zoning, right, this concept plan is nice, but they don't have to follow it. And so this should have come in as a planned PUD with tackling the water and sewer issues. Because, I mean, we're getting grants all the time to take package plants offline.
Right. 173 units right now is what they're proposing. So I guess we'll see. Yeah.
The application. So are you still working through this process? Yes, sir.
We've got a little bit left on the presentation. Go ahead. Just some of the site photos. As you're aware, like I said, this is just immediately north of the now church located on the east side. This is a forested parcel still. At this time, it's an unimproved parcel. Just off the 441 corridor, you can see actually that is the primary facility of the now church right there. This is looking back to the south towards the parcel. This is the parcel itself and this location as well. As I mentioned before, the rezoning request is for approximately 26.5 acres of the 32 acres that are approximately 30 acres that are there. 133 units will be for RV rental spaces. 40 of those spots are proposed to be for park models that would be permanent on site. They would be for rental only. This is in close proximity of the Santos Trailhead, as I mentioned previously. That is one of the things that makes this attractive. to the applicant. In dealing with the utilities aspects, looked at water and sewer and worked with Carrie Hyde and Heather Proctor in our utilities department. The closest water connection is over 12,000 feet away. The closest sewer connection is over 20,000 feet away. The sewer connection is to the north on 38th Street. The water connection is basically to the east, approximately 2.28 miles. The problem that I would also have with those connections is you would have to, for both of those lines, you would have to bore under CSX, under the CSX rail lines. That's why the package plants make this a much more attractive alternative. type of use instead of having to work for these connections of almost two and a quarter miles and almost four miles. Looking at the traffic on the US-441, there's approximately 78% of the capacity is used daily. This particular use would propose to put about 400 trips on that per day. Now that is only only the PRB. That does not account for the B2 portion of it. We have a trip generation for both, but they have not done a complete study. The complete study we completed at the time of development review as well. Or excuse me, 840 daily trips is what it was proposed. So with that taking into consideration one of the things that we did look at also as far as traffic is concerned with the employee or the EC designation employment center that also allows for up to 16 dwelling units per acre. Looking at that, you would have several thousand trips that could generate out here that could have been used for residential in tandem with commercial. That would have a higher impact as far as a trip generation rate than something of this use at this location. That's also one of the considerations that we made.
Yeah, but Ken, you would have had to get utilities there. Understood. For that kind of commercial and residential.
Understood. They still would have been subject to package plant use.
Well, they could ask for a package plant.
They can.
I'm sorry. No, this is straight zoning.
This is, yes, sir. That is the request, correct?
All right. Any other questions for staff? Is the applicant here? Come on down. It's your turn. Good afternoon. Name and address for the record.
Good afternoon. I am Rebecca Grohl, MBV Engineering, 1835 20th Street, Vero Beach, Florida. And it's been a great day here. The drive over was terrific. This is a beautiful area. I totally get that and respect that. Just to reiterate everything staff said, the property is actually under contract for sale contingent upon the rezoning happening. So that would take Mr. Beck out of this equation. And I just want to state that again on the record. Once the rezoning is approved, the site plan will move forward. The client has engaged, for instance, like an arborist to review the trees on site. assess their condition, and then look at using, like, micro-sighting techniques for tree preservation and tree mitigation. The site's been evaluated for protected species, and they'll continue to monitor that. The traffic study was presented by staff. If you have any questions, we can get into that. And we have been working with utilities, and we continue to evaluate the factors, including district – Sorry, distance to the connections points, demand, capacity available, and things like that. All of that will be fully hashed out during the site plan process. So in summary today, I'm here to ask for your support in approving the rezoning. We agree with the findings of staff and stand firm that this amendment is consistent, compatible, and not in conflict with the comprehensive plan as well as the land development code. I'm happy to answer any questions that might come up today. Thank you.
Thanks.
What kind of commercial uses are you anticipating for the part of the property that's fronting 441?
So far we don't have anything firm. We're looking at creating two shell buildings that would likely be retail, perhaps some light food service, things like that.
Would it be anything to support the RV park?
Oh, absolutely. I think that makes a lot of sense. But there's no specific tenant lined up at this point in time.
And do you have any amenities planned for the RV park?
There are. They are working through the amenity package currently and will be happy to present that as part of the site plan.
But they don't have any. in concrete, and the conceptual plan is not concrete. Nothing is known.
That's correct.
At this point in time, it's just the rezoning. You know, amenities could include things like pickleball, a pool, a clubhouse, picnic areas, things like that.
Commissioner Bryant, we did have discussions with the applicant during the pre-application meeting that told them that amenity packages would be an absolute necessity at this location.
Yeah, but if we give them straight zoning, they don't have to do it.
It's in their best interest is basically the way that staff.
And they presented nothing today in the form of a developer's agreement to tell us that they would, that would bind this. Right.
We're at a conceptual stage at this point. This is a development review. This will be coming back for development review. Commissioner, is there any other questions for the applicant?
Well, I'm still unclear about the utility issue. Who's going to provide utilities?
They are proposing, the applicants are proposing to construct.
You'd have to waive it and allow them to, because there's probably enough units that they would have to connect? Or is it outside of connection distance, Tony?
Hey, good afternoon. Tony Cunningham. I serve in the role as utility director. So they are within connection distance. So it would be code says that's really up to us and how they connect. And so we can make a decision. It's a long distance. You are crossing railroad tracks, so there's some reasons why you may – that's some challenges with getting there. But it's all within the urban growth boundary, and the whole extension would be within the urban growth boundary. So most – I would think we'd probably lean more toward connecting those. But that's been a conversation we've been having. But again, we're still at the conceptual plan stage.
We don't know exactly what's all – And then they would just try to get a waiver for a package plant in most –
So they may try to do that, and we could potentially go in that direction. If we did do that, we'd make sure the package plant met nitrogen reduction goals. We'd make sure that it was built to our standards in a sense that we could take over those plants. Or if water and sewer was closer, then they would need to decommission those plants and connect to us. So all of that could be part of a developer's agreement if that is the direction we head in.
Well, we are in the primary springs protection zone here.
Right.
Correct. Where is the utility coming from on this one?
It's kind of to the north and east of here. So water's closer than sewer, but it's like northeast of the site.
All right. Any other questions for staff or the applicant commissioners? Alright, we'll bring it back to the board. Anyone else in the audience want to speak on this one? Alright, seeing none, we'll bring it back to the board. Commissioners, I do disagree with staff on this one. I think it will adversely impact the public interest, especially in this configuration at this time, and I don't think it's actually compatible with the surrounding uses at this time. Now, maybe some point in the future, everything comes together and the land use does become compatible, but at this point, I don't see the... I think the challenges are too great to overcome in this particular case. I'll leave it up to you.
Ken, can you bring up the aerial again, please?
You look at this around the area now, Church. Is this what you were talking about? No, no, no.
I want the aerial. You were there. Right there. Right there. Sorry. Yeah. I was... Looking to see how far they were from 73rd.
And they might be able to mitigate some of our issues if they came in with a PUD that we could work through and have some process about but not like this. Any other questions or comments commissioners? With that we'll take a motion.
yeah no no i agree i think there's too many unanswered questions here that we that we should have worked through a pud process or something like that so i'm going to make a motion to deny second a motion to deny my commissioner mclean second by commissioner hold on i just want to ask the question if we deny this can they come back with a pud or do they have to wait a year they can they could come back with a pud because they're completely altering dynamic or everything yeah
So I just want to make sure the applicant is aware that if we deny, and if they couldn't come back for a year, I wanted to give the applicant a chance to withdraw if they couldn't come back for a year to change to a PUD. But you can, because it's a different application. Correct, Ken? That's what we're stating on the record.
It probably would be in the best interest of the applicant to withdraw. If they do come back with a PUD, it's still completely different. But
If the applicant wishes to withdraw and come back with a PUD, I think that would be better. I'll withdraw my motion to deny if the applicant wants to do that.
I'm sorry. Can we go back to what the response was regarding the time limit to reapply? Would we be subject to it?
If we... If we denied the application today, which is what the motion is currently standing, it would be a year before you can come back with another application. If you withdraw it today, you can come back sooner with a PUD application.
If you were to come back as by right, it would be one year. You are able to return with a PUD because technically you're coming back with a completely different application at that point. Okay, so it doesn't matter. So it wouldn't matter, correct? It's in the best interest at this point to just, from your standpoint, staff would recommend that you withdraw at this point.
Well, I'm feeling a bit blindsided by that. It just, you know, yeah. Thank you. We have a motion on the floor.
The commissioners stop. Okay. All those in favor, signify by saying aye.
Any opposed? I mean, come on. No.
Hold on just a minute.
We have a motion. Let's just vote on that. Can we go back to the motion? A motion to reconsider. Do you want a motion to reconsider? For discussion.
For discussion. We didn't even vote. We did, didn't we?
We did. I thought you called it. What did you do, Chair?
All I'm saying is I only heard one person vote, so we didn't even do anything. Okay. You want to retrace it? That's fine. I just wanted to get to it. We have a motion. I wanted to have a vote.
Who's got the second?
I had the second. Okay.
So are we still good for denial or do you want to change it?
I'm not planning to. Well, go ahead if you're going to call it. I thought you did call it. And I voted.
I tried to, but I couldn't hear anybody.
Well, I said aye.
Okay. So a motion to deny by Commissioner McClain, second by Commissioner Stone. All those in favor of denial? Aye. Any opposed? That passes unanimously. Sorry, Commissioner Bryant. I do apologize.
You about got that.
I know. I know. I know. I do apologize. I was just trying to get.
16 years, little brother.
I still love you. I still love you. All right. On to the next one. 1544.
Sarah Wells with Growth Services. Good afternoon, Commissioners. Case 260604-ISU is a special use permit request to allow alkaline hydrolysis for domestic animals and small livestock in a community business B2 zone. This was continued from June 17, 2026. The parcel is located at 02938-000-00 on North U.S. Highway 441 in Reddick. We received one letter of opposition. Four people spoke up at the planning and zoning hearing, and three people were at the original Board of County Commissioners hearing in opposition. The parcel is located on North US Highway 441 in Orange Lake, just south of the city of McIntosh. The parcel has an existing land use of rural activity center, which allows two dwelling units per acre or a max FAR of 0.35. It has an existing zoning of community business B2. To the east of the parcel is a drainage retention area. There is a hay and feed store to the north. To the west, there is an auto body shop, a US post office, and a residential property. And to the south, there is an unspecified commercial use and a gas station. Now the acclimation process, it is an alternative to cremation. It utilizes alkaline hydrolysis in place of flames. It uses water, heat, and alkalinity to speed up the decomposition process. The chemicals used include potassium hydroxide, sodium hydroxide, or a combination of both, or more commonly known as lye. The strong basic solution is neutralized in the process, leaving behind a sterile nutrient solution containing amino acids, sugars, salts, the effluent, and calcium phosphate bone remains. The images you see here are what the equipment will look like. It should be about the size of a small chest freezer. These are the remains after the acclimation process. On the left is an example of what is remaining after the cremation process. On the right is what remains after the acclimation process. It is just bones that will be pulverized. So the business is proposed for domestic animals and small livestock that would be up to the size of a small goat. The equipment can hold up to 550 pounds, or an average of 14 pets, and it'll take 24 hours to complete a cycle. No public hours are proposed. The applicants are proposing using a wholesale method. They will be utilizing local veterinarian offices instead of retail-facing business operations. The remains awaiting the acclimation process will be stored in refrigeration for a maximum of 30 days and the noise level of the machine per the manufacturer is about 75 decibels or about the sound of a vacuum cleaner. For the manufacturer, the amount of water used per cycle is the equivalent to the water used when bathing a pet. The parcel is not within the Marion County Utility Service area, and it is serviced by well and septic. The parcel is located within the environmentally sensitive overlay zone. The wastewater is to be collected and removed off site. It is not to be dumped into the septic. The applicant did not propose any buffering. However, after discussions with staff, staff has come up with the following condition that a modified type C buffer would be needed on the western boundary of the parcel fronting North US Highway 441. And the applicant has provided this conceptual plan for that buffer. Here are some photos of the site. The site is the current Orange Lake VFW post. So in summation, the special use permit is to allow alkaline hydrolysis for domestic animals and small livestock within a community business B2 zone. Alchemation is an alternative to cremation, which utilizes alkaline hydrolysis in place of flames. Alkaline hydrolysis uses water, heat, and alkalinity to speed up the decomposition process. It proposes up to 14 animals processed a day. It does not propose to have access to public access business hours. The operating equipment has a similar decibel level to a vacuum cleaner and would reportedly use as much water as a bath. The parcel is located in Esau's on Well and Septic. Water used in the acclimation process is to be collected and removed off site. And again, this was heard before you June 17th. These are the conditions and we can go through them if you like. No conditions have been added.
So I thought we asked a bunch of questions for them to come back with. Did they provide you that information?
So the applicant didn't provide any new conditions as far as the planning and zoning side. But we did ask them to come back with a better business plan. And they did include a representative from the equipment company that will be giving the presentation.
I didn't see the business plan in our package.
So I did provide. It's not a business plan that was provided. I did provide with you something that was shared with me Friday by the applicant. It does have their spill and hazard mitigation plan. And I can let the applicant go into more details with what is included.
Okay, because I thought we were maybe asking them to look at a couple different things, kind of different places, maybe being connected to water and sewer, right?
The applicant didn't propose any changes.
I'm pretty sure that's what we asked to come back with. Okay. But it wasn't provided to us.
And I did find this on, and how long have we had this?
That is what I was referring to a minute ago that I received Friday.
You received Friday, and we got it when we sat down at our desk today.
Yes, ma'am.
Thank you.
So staff is recommending approval as conditioned. PNC also recommended approval as conditioned. Do you have any questions?
Commissioner, is there any other questions for staff? Okay, the applicant's here. Come on down.
Good afternoon. Maddie Cornell, 116 East County Road, 600 North Danville, Indiana, 46167. Like Sarah said, I'm the representative from the manufacturing company. I know that that's an extensive packet. So if you have questions, I guess my position here today would be to speak on those because those are recommendations I can provide. Sarah, do you know, there was also a presentation at this time. Is that willing to be pulled up? I can also speak to it.
No, if you have a presentation, we can pull it up. Okay. If it was already given to us.
or having a little bit of difficulty.
In the meantime, I think I can give you a bit of background. I'm the environmental regulatory and research development chemist for bioresponse solutions.
Perfect, perfect timing. I think she's really smart.
So my hope today is to give you, I guess, a little bit more background on us as a manufacturing company and the piece of equipment that will be supplied and the business will be built around for Ted and Paula and Soul Fan. And then maybe dig into kind of how I view that process because I know it's a bit odd and we're used to answering questions about it. So one, the simplicity of it. Two, the complexity behind the engineering of it all. and then answer any questions you guys have outstanding. But like I said, we're BioResponse Solutions. We have more than 20 years of experience in manufacturing alkaline hydrolysis systems. So our founder, Joe Wilson, and then his son and daughter, our CEO and CSO, Founded the company 20 years ago. We actually started and still more than half of our business is in the scientific industry. So our expertise is really in handling pathogens from your pharmaceutical sites, your research labs, your universities. That was kind of our bread and butter. And then a little less than 20 years ago, so about 17 years ago, our founder is the one that took this forward and commercialized it as an alternative to flame cremation and aftercare. simply because he comes from a forestry background. He's passionate about non-flame technology. And really, he's just a dork of an engineer, and I think it's fascinating. And really, it came from a perspective of saving energy and saving money. And then as a result, they found a technology that didn't have any air emissions, no VOCs, no toxic byproduct, and then have found just a ton of uses, obviously, outside of pharmaceuticals. so um again sarah showed you a similar picture but this is the pet 550 this would be the machine that uh sulfan would purchase from bioresponse uh sort of to break it down a little bit it really is just a high grade uh stainless seal container and that's why i like to to call it a little bit more simple that little motor sticking out of the top to the right of the screen it uses a combination of heat alkali and and the general circulation of water Water really does the work when you think about the way that it can decompose some things. It can shape rocks. You know, it is a basic solution, but it's pretty simple. So 550 pound capacity and those patented individual compartments are where pets would be individually placed to ensure that remains are kept separate and then families are guaranteed to get only their pet remains back. The other thing I would point out that kind of speaks to its simplicity is its connections are identical to a washer and dryer. So cold tap line, hot tap line, drain line, electricity, and then there is a vent line. I think when I was brought up to speed on maybe your first hearing, this did come into question, but just a simple vent line at the top, similar to like a sewer gas line that allows for air exchange when you're filling up the machine with water and when you're draining it again. And then like Sarah said, extremely quiet. I think the best way to describe this anecdotally is we have over 600 of these installed worldwide in 20 countries. And actually many of these are in funeral homes who decided they want to serve pet families. It's actually a great opportunity for them. They interface with a family and gain business loyalty well before maybe they would ever serve a family member. So these machines are installed in like their downtown funeral homes on the other side of a wall to a funeral service going on or a chapel. Or if these are installed in veterinary clinics, they're installed on the other side of a wall of clients and pets coming in and out of the office every day. So, it is extremely quiet and minimal, there's no smell. I mean, they wouldn't put these in funeral homes or veterinary clinics that there were. So, that's the simplicity of it. And then I want to talk through kind of what it would look like for operators. I think this is a point of clarity, but once... Once animals are arrived at the facility, and I'm going to talk strictly, I guess, about the acclimation process, they're received, they would go through a proper chain of custody, and they would be loaded into those baskets that you saw that are then placed into the machine, so individual compartment. placed in the machine and then they would be weighed. So they would know the weight of the animal prior to placing them in the basket. And then based on the total weight of what's going into that machine, they would take our validated kind of dosing chart and determine how much alkali needs added to that load. So that's measured out. It's a dry form of alkali and added to the machine. That's all the operator does. Once the alkali and the PETs are added, lid shut, latched, they press the start button. And so this is kind of the opportunity I want to take, I think, to explain the sophistication of the equipment. So they'll press start. The machine will fill with water and it'll be gently circulated. 95% water. And then over the course of 18 to 22 hours, all the organic tissue is broken down and all that will be left is intact bone remains. I think Ted maybe anecdotally shared how gentle it is. You get microchips back. You get sutures back. And actually, I didn't know this until I worked here, but if you have something flame cremated, you also get whole bone remains back. So the drying process would be unique to aquamation, but the processing of the bones into ash is not unique. It's actually identical to flame cremation. And then, of course, in their business model, the remains would be returned to the veterinarian. So I guess to speak, I don't know if this video is going to show, but I think the most important thing on this slide would be the picture on the far right is actually a little tiny frog that was processed in our machine. It can do frogs, goldfish, snakes, birds, which is the appeal, I guess, for people. Because if they were to go through flame cremation and they wanted the memorial keepsake, they're not getting much ash back with flame. So that is kind of a differentiator with our piece of equipment. And then this next slide, I think, is going to talk more about the sophistication behind the equipment. So you'll see that picture there of an Allen Bradley PLC. So that's the touch screen that's completely easy to operate. It's completely automated process, redundant sensors, redundant valves. the same sort of UL specced electrical panel that our engineers build for our pharmaceutical grade equipment. And then there is a fail safe on the power loss. So there's uninterruptible power supply. This is a validated process. So if anything, there are going to be a power surge or a power loss, everything is going to fail safe, fail close. And then there will be a backup to pause the machine until it can be manually resumed. Self-protecting in the locks. So if a component fails, depending on the severity of that component, it won't allow the operator to clear it. Any representative soul fan would have to call by response to kick it back on. And it wouldn't be able to kick it back on unless the issue is resolved. And then most importantly, I think here is that every machine comes equipped to connect to Internet. And we require that they connect to internet for us to be able to start them up. So it allows remote connectivity from a business representative at Solfan and from us. So when they call in for any sort of advice, any sort of startup, any sort of alarm, they're speaking to the same automation engineers, same electrical engineers that again support all of what we call our EDS machines at manufacturing sites. So I know that was a lot, but I wanted to show you some pictures, I guess, of installations that we have in North America. So North Carolina, Illinois, Colorado. But I think the takeaway is that as a whole, again, 600 plus installations, I think it provides such a unique service to the community. And I know that their business model is B2B, and that's actually great. We probably split about half and half when we talk about where our pet machines go. And they're passionate about it. They actually heard about us from a personal experience. And we've learned that that's kind of the backing of most of our successful customers. And it provides a differentiator for veterinarians in your county and surrounding counties. to give them their aquamation business and say that they're going to be, they differentiate themselves by building that relationship past the point of when their customer's pets pass. So I know that that's, again, a lot of the basics, and maybe there's still outstanding questions, but I'll be here on the stand to answer those.
Thank you. Ms. Schultz?
Yes, sir.
Go ahead.
I have a question and thank you, Ms. Cornell, for simplifying that as best you can. I have several questions. Did I pick up that there's 24-7 support with remote access to start and shut it off at your facility? Supported by our manufacturing site, yes. Okay and so do you know if there will be a generator on site to this location that if power is interrupted then you can just flip it over to the generator?
So it's not so much the generator, there's actually a power source within the electrical panel that comes with the machine. So even if they don't have a generator hooked up and everything else loses power, the backup source is in the panel sold with the machine. and it will kick back on to ensure all the valves feel safe, and then the machine is paused. Until? Until they come in, they realize, so they can't start the machine back up until the main electrical supply would be supplied to that machine. So there would be no way for us to start it remotely if there wasn't a generator hooked up in maybe that scenario. Does that make sense?
Sure, it does. And as the representative for the applicant, do you know if there will be a generator on site? I don't. Okay. Um, and what's your support after the sale of the product?
Uh, 24 seven troubleshooting. We do provide operations training. Uh, we provide remote connectivity, uh,
startup again extended operator training so beyond the business owners whoever would be hired there so and that includes training for the operators true yes and is there certification requirement to operate that equipment
There's not any state or federal certification. You do have animal disposal laws. You have consumer protection laws through your Department of Ag that govern this type of equipment and this technology. I mean, Ted's not the first machine. He's not even the 15th machine in Florida. But yeah, I guess that's what I would say as far as maybe certification to legally operate. For us to start up the machine, we won't start it up unless we have the operators that will be on site through our training.
So the operators don't have to have any sort of certification? You don't certify them after you train them?
No, we wouldn't provide a formal alkaline hydrolysis certification as far as kind of the handling, like chemical handling, for example, the potassium hydroxide. That'd be governed by OSHA, just like every other commercial business. I do think that that is in their spill protection plan and their training program, but it would be the business owner's responsibility to provide HASCOM training. And there's not a formal certification required for dry potassium hydroxide because it's actually a tier two chemical. Um, so it's not corrosive or dangerous to your skin until it comes into contact with moisture, which is why that dry chemicals added and that machine has to be latched and shut before it ever fills with water. So, uh, proper PPE gloves, masks. safety goggles if there were ever to be like a spill on the floor it can be proper PPE put on swept up and put back into the chemical storage because again this process kind of does its own sterility to begin with so it can go right back into your chemical supply or it can be added to the machine
But the operator would provide that sort of...
The business owners would provide the HAZCOM training provided by OSHA. Yeah, there's guidance on potassium hydroxide handling.
And the plan. So how often is the equipment inspected or serviced once it's installed?
Yeah, so there's three annual, I guess, recommendations. That's honestly like a grease injection onto the mixer motor. There's a door seal change. But as far as any detections of... changes in valve performance, anything like that. There's actually, again, several tiers of our alarms. So we understand that. For example, an easy one, power outage, temperature, you know, target temperature is not reached. The machine will shut down. It will not continue the process until that's addressed and that criteria can be met. Yesterday, I talked to someone whose CO2 valve changed their closed position slightly. So we do have different relays monitoring what we call our critical valves. All that to say, we have lower level alarms that indicate reduced performance that would then push service not only to the business owner's visibility, but to ours as well. And is internet required to operate this machine?
Required. Okay. Okay. Do you happen to know what the internet connectivity is in this area? Have you investigated that to say that your machine would have near about consistent internet coverage?
I don't. I could tell you that for them to click start on the machine and unlock the automation program, it'd have to have sufficient enough internet for us to even train them and press start. I guess if they don't have sufficient internet, you wouldn't run the risk of them being able to start their machine or start their business. Yeah.
So would you evaluate that before you sold the equipment to... this well I'm just asking if it's been done because I don't have a business plan I don't have anything that tells me that and I know the area is a very rural area yeah up there does it have I can't say that we've I can't say that we've uh investigated their internet before we sell the machine thank you yeah thank you just uh in your experience and what you've seen with the rest of your uh the rest of these what's the disposal process look like for any byproduct that's left
So we're about a 60-40 split. 60% go to sewer and 40% do have it hauled by a secondary licensed septage hauler, industrial waste hauler. And for a variety of reasons, I actually think your utilities director maybe mentioned this the last time. So even if a business is connected to sanitary sewer, sometimes the condition is that they need to provide pretreatment. And then that hauling, that tanking on site inside of the building, and then that hauling is their form of pretreatment. So having it stored into storage tanks and hauled by an industrial hauler is not uncommon.
Any other questions?
Not at the moment.
Yeah. Yeah.
So do you have an ongoing service contract with the owner after you've installed the equipment?
We do. So as part of the sale, they have an annual service contract.
Okay.
Yeah.
And so as long as they're operating it, would you expect that you would continue on with that service contract?
Yeah.
Okay.
The Department of Ag, who all regulates this?
The Department of Ag would not only regulate like animal disposal laws, but also consumer protection laws. So pet remains are considered personal belongings. So they would be governed by those laws.
And DEP does not regulate the wastewater response?
So the DEP would regulate the wastewater response as it relates to the hauler. So American Pipe and Tank is actually part of that packet. And Ted has gotten written agreement from American Pipe and Tank after seeing the analyses and configuration of the discharge that he would take it. So his compliance with the DEP taking that in would be his responsibility. And then same with his responsibility to hold the DOT permit to transport the waste. And he would have to perform testing, as he calls it, out of the site.
Can I just go back for, okay, the question that Mr. Mentor asked about the service contract? Yeah. Is it required that the service contract be maintained? Correct. Okay. Consistently. So what happens if they stop with the service contract? What happens to the machinery at that point in time?
To be honest, we haven't had anyone. stop her so i don't know if i could speak to it just because i yeah i don't know what our pathetically if they did they still have the ability to turn it off and on and no we we can remove that capability okay so that's what i was looking at here by response has the capability to we can remove that capability if they don't if they don't hold an a service contract okay so
That's fine, but I didn't know if they could still operate and do business without the service contract. But you, remotely, you can shut it down.
We can.
That was what I was looking for.
Thank you.
Yes, Guy. You mentioned temperature, what... What's the temperature?
Validated temperature is 199 to 204, so we don't allow any temperature above that, and we don't allow any temperature above it. And that is at atmospheric pressure, so it's not a pressurized vessel.
Tony? Question for you. I know we asked you last time, but if these things were hooked up to a system, how would the pretreatment actually work?
Yeah, so let me start by saying I'm not an expert on aquamation, and I'm not going to speak to anything about aquamation. But any industrial customer that we would connect to a wastewater system, you would do an analysis on what their discharge is. And if it's beyond domestic wastewater, like if they're discharging into anything to us beyond what typical domestic wastewater is, then they would become an industrial pretreatment they'd get a permit from us. And then we would determine if they need to develop pretreatment before it discharges to our system. So it just depends on the parameters. So I don't really know what all the parameters are that they'd be discharging to us. But we would look, if it's beyond domestic, wastewater, we would say, hey, you need to remove those prior to them coming to our system. And then we would inspect a system that they develop. We would then do regular sampling to make sure that their system is working and we're only receiving domestic wastewater from them. And part of that solution, to her point, could very well be Their pretreatment could be a tank that someone else hauls off and treats somewhere else. It doesn't have to be like they build a treatment plant. That could be their form of pretreatment.
If I could add, this is, I guess, the one point I speak to mostly utilities directors is really more of my position with bioresponse when we sell these pieces of equipment. Our discharge will be beyond domestic discharge. So what you have there is a little bit higher of an organic load. So in order to pre-treat it, you really need microbes to eat those down and break them down, which is why I say we're at such a high split, whereas really 40% of our customers do decide that the pre-treatment would be to haul because managing a system of microbes is intense. It's labor intensive. And if it's not labor intensive, it's incredibly expensive. So, again, it's not uncommon for us to have it hauled. And I think the only other point I would maybe like to make is if he were to decide, like, it'd be illegal for him to discharge this to his septic. There are state and federal laws that govern that through the EPA. Like it is illegal for him to discharge it to septic. And then aside from that, it's not in his best financial interests for the same reason that it takes microbes to eat away at those organics. It would wreck a septic system. So unless he wants to replace a septic system, he's not going to put it in a septic system. And I think that that's,
obviously part of the education that we've had with soul fan and and obviously uh regulatory guidance too it's illegal to do so well he had testified last time he was going to haul it off it's in the conditions yeah that's what he's doing i'm good comment so is there is there a site plan where this tank and and how that would all where that I don't know where anything is in this regard. So, can staff help me? Can you show us?
We haven't received a site plan for the inside of the building.
Well, it won't be inside.
It has to be inside for...
The 10,000 gallon tank is going to be inside?
From my understanding and per our guidance, it won't be a single 10,000 gallon tank. It might be a configuration of up to 10,000 gallons. It could be less and likely would be less. To give you a reference, one single cycle, you can't do more than one a day because it takes 22 hours. Realistically, most of our businesses are incredibly successful at three cycles a week, so 1,200 gallons a week. um so even if you wanted to get this hauled once a month uh you know you're looking at what 4 800 gallons okay um and and to that point with that house internally you've got uh an internal barrier to to any potential spills or leaks i guess
So again, help me out. So how is that going to get set up inside the tanks and all that stuff?
A certified plumber, again, so it's as simple as we've got a discharge pump would come with their machine. So this would come with enough horsepower to plumb it into any sort of polypropylene tank. IBC tote, honestly, we have customers use IBC totes. They're a sufficient, durable plastic machine. all of the corrosivity in the pH is brought back down within our automated process and would do so. So that would be plumbed to those tanks with a port that would be pumped by American Pipe and Tank. Most of the time they would come with the flex hose to connect that port and pump it back out. So the pump wouldn't be provided, I guess, on Solfan's behalf. The pump that they would provide would go from the machine to the internal storage tanks.
And so how many gallons of water goes in each cycle?
So roughly 400 total max, but that machine can only hold 200. So the 400 gallons is if they were to run a high-level rinse cycle to rinse remains after they do the initial discharge. So they could be as little as 200 gallons at a high, like really minimum would be 140. It's pretty tiny.
That's what I was trying to figure out. Okay.
It stands about, well, on me, it might be a weird perspective, but it's high.
I mean, I can see. I understand. No disrespect, but you guys have made it very difficult for us to try to put a special use plan together. Okay. Because we don't understand all these questions or all these pieces and where the tanks are going to go, how it's going to get set up. Not you specifically. How to monitor, right?
There was some missing information from the application. There still is. But the manufacturer didn't.
No, no, no.
I'm not saying that.
If there's any perspective I guess I could provide on maybe some requirements that we've seen, as you can imagine, special use permits are not uncommon, I guess, for a lot of our customers either. As far as trying to provide accountability or traceability to the idea that this is getting hauled, Um, they, they are required. So the machine auto log cycles, um, which would tell us, Hey, they're on cycle four. There'd be no way to change that. Just like miles on your car, um, to provide a written log, uh, cycles one through 14 were, were stored in these tanks. And then on, you know, June 17th, they were hauled by our hauler. And then, You provide a cycle log for where it was hauled and when it was hauled, if there's any sort of traceability. That's what I was trying to figure out.
How can you go back if we have a complaint and somebody's saying something? How can we send somebody out there with a special use permit and say, no, no, no, we got documentation. They ran through 400 gallons or 5,000 gallons, and 5,000 gallons got sent to American Pipe and Tank.
yeah the traceability cycle logs are common um which is so so again at a high level you could do cycles one through 20 went to american pipe and tank on this date 21 through whatever you get the gist um i again there's also there's flow meters right like that's that's not uh new to our industry either there could be a flow meter on that discharge on after that discharge pump that gets sent with the manufactured machine and that would track your gallons
so Mr. Chair I mean I appreciate Ms. Cornell being here and answering as best but again we do not have a good business plan that tells us all this on how to monitor this and how to how this business is going to operate I don't even know if she's been inside the building we don't have a layout of what it's going to look like in there I just I don't have enough to say I'm going to be for this
OK. Good point. All right. Any other questions for this young lady? Yes.
One more, Mr. Terrace. So in North America, have you ever had any of your units receive a citation from an environmental agency?
I can tell you to my knowledge, no. And to my understanding of the business history, no. 20 years. Yeah. Under like my honest truth, there's nothing to my knowledge, no. All right.
Thank you.
I think it probably has really great merit. But again, we don't have anybody who has come forward with a good business plan and how it is going to be monitored. Again, that is going to be my point.
Well, that's the problem with anything new, right? We just need some insurances to try to figure this thing out. Commissioner Curry?
I'm going to just say this. Since when have we required a business plan for a special use permit?
Well, but this particular type of industry.
That's on them, not on us. We're just approving the special use permit and the location. They're the ones that have got to work through all that.
I'm not interested in their financial business plan of it. I want to know how they are going to manage and mitigate the risks that I believe are associated with this. I mean, we had people in their community that came out. They're not here today, but they're still opposed to this. And I don't think all those questions have been answered.
I don't want to interject where it's not my place and extend conversation beyond that. I was kind of brought up to speed on maybe some of the public comments, and I know that's an extensive packet and apologize that it was just put in front of you today. But there are a couple that come to memory. I think one would be the safety of the air emissions. We did have a study done by the Ministry of Health in Canada. They're equivalent to OSHA on one of our low temp acclimation units. And they shut down all the vents in that room and they monitored for four hours and determined it was completely safe for operators to obviously man that equipment and actually do other things within that room while it was running. So as far as that one public comment, I hope that that addresses it and maybe adds a little bit more assurance. And then the second piece was maybe the handling of the alkali. I don't want to, again, speak extensively. I feel like I've covered that. It is governed by OSHA. It would be regulated by OSHA just like every other commercial business.
I wish I had a lot of confidence in the person bringing this forward, but I don't have a lot of confidence in it.
Hold on. Sorry.
Thank you, ma'am.
Commissioner Curry? I mean, we asked for them to come back with technical information. They've done it. I'm not debating it with you, really. I'm just stating my position. I'm just stating, and we got it when we sat down here. You know, the people that showed up were concerned about smells. There's no smell. They were concerned about noise. It's 65 decibels from 40 feet away, I think is what it reads. So all of the The main issues have been answered. And I mean, this is a special use permit. It can be withdrawn if it doesn't function properly. But I mean, I keep sitting here thinking, because it's new, you know, we're ripping it apart. But all over the county, you've got septic systems being pumped out and hauled off with a lot more obnoxious materials than it seems like this is. And the collection of the materials that after the process is done, seems to be in order. Their system can be shut off from the factory. The power supply is, I don't know what more we need. I'm going to propose that we approve it. But I understand what you're saying.
We haven't got there yet. Is there anything else you need to say? Thanks. All right. So I do have one person that signed up, Janet Waters. And then anybody else, I don't think there's anybody else, but anybody else that wants to talk, come on down. Yes, ma'am.
Thank you very much. Janet Waters, 5895 Northwest 190th Street, Reddick, which is Orange Lake. Been there 46 years. Graduate North Marion. Go Colts. Yes. Awesome. Oh, my God. She was fascinating. The equipment's great. Kind of going back to our last few meetings, it is fascinating. It is a wonderful idea and is great. Just a bad location because of exactly what you do bring up. The piece we're missing, we've addressed the smells and everything. We haven't addressed... What if there is a malfunction? What if there is an accident because the lake is there and there is no water management? What if the storage spills? Because even though it's sterile, remember it does cause an algae bloom, which our lake doesn't need. And if anything malfunctions, I mean, the equipment sounds like it won't. I experienced a live burn. It is very corrosive. It is not good. So just you guys are on the right track. Thank you. That's the only other piece we're kind of missing here other than some of the details is if it spills. Football analogy, score, I made it less than two minutes. Thank you all.
Great job. Anyone else? That was a good model. Yeah, we should use that as an example. Thank you. All right, commissioners, we'll bring it back to you all.
I'm in agreement with Commissioner Curry. I think this is something new in all due respect. It doesn't sound like this is too complicated that you can't figure this out. After all, we've got funeral homes and all this kind of stuff operating already. I've actually talked to a good funeral home director friend of mine who we all know well. And this is something that's popular statewide and nationwide now. And I think it's something that um that would be good in the community for these vets offices and other places i i don't i've got some concern just making sure that somebody's watching it but now that i know that they have a continued contract um i i think i think these are these are things that we can we can live with so i'm going to support the special use permit
I have a motion to approve the special use permit with the conditions. Commissioners, I do think that whether it's – and maybe we can give the option in the special use permit, but my biggest concern was that wastewater, how it gets handled, how it gets taken care of. OSHA looks like from the technical – stuff that you've given us we'll regulate how that gets set up or maybe inspect it at some point um but i think that the the other thing we should add to the special use permit condition is just some way to check against the log system right whether we whether the whether they want to put in a flow meter whether they want to put in an application just that they need to check off to give us some kind of verification that This thing ran 20 cycles, and 20 cycles produced this much water, and this much water went to American pipe and tank. Right? There needs to be some... That's my concern, Mr.
Chair, that there just is no regulation over that.
So we need you to proffer for me to vote for it. I'm inclined to agree with these guys, but we need you to proffer some mechanism of measurement. Can you do that for us? Come to the podium and give us that methodology.
so uh again those cycles auto log and we would have record uh without a flow meter uh what level of cycle they have so like i mentioned redundant i can tell you how many inches how many gallons that cycle this date done okay so can we put in the special use for requirement that
From the cycle log they will document that there's the responsibility of these folks to document How many gallons go into the wastewater tank and then how many gallons go to American pipe and tank and we can put a verification Chain yes a verification that if we ever have a complaint that we can go inspect and know that the business did what they told us they would do, right? That's what we're looking for, Ken. So we need language to do that, in my mind, if it's okay with you.
Yeah, I'll amend my motion with that. Also, one more that a condition be that they do maintain their service contract.
They have to maintain a service contract with American Piper Tank or equivalent. It would be with us. It would be, yeah. Well, they also need to maintain an agreement. to remove with the hauler right i thought that was already in here but yeah i don't know that it is we we can add that what would be the frequency that you would like them to submit those logs to us do you want them submitted or just available on inspection okay we can we can do that too i just thought we could what what i wanted because we're not going to be in the business of inspecting these guys that's not our job but i think if we're going to allow the special use permit we do need to have some kind of mechanism To validate that they did what they said they would do.
And they'll need to be able to show us that.
And they need to be able to show us upon request. Is that okay? Yep.
And could we hear directly from the applicant? She is the spokesperson for the person who's selling.
We'll have to get them to agree as well. Because they'll be the ones actually signing the agreement. You've got to come up. Tracy, what did you say? We can have the owners come up.
You've got to come up and give your name and address for the record.
And testify that you'll comply.
Yes, pretty much.
Okay. Mr. Minter, we'll swear you in.
We swear or affirm the testimony you'll give will be the truth and nothing but the truth under penalty of law.
Thank you, sir. If you give your name and address for the clerk.
Ted Stone. The address is 19241 North U.S. Highway 441.
Thank you, sir. You're welcome. We're talking about these conditions, and we just need your approval to say that, hey, you'll testify that it's okay and that you will keep these documents available for inspection if needed.
part of the conditions that you agree with.
Sure. That's fine with me. And I don't know if there's a way of sending you what the manufacturer has as a record. Or we might be able to do that, too. I'd like to have you get this stuff right away. um and uh to the earlier there was a question of do we do we have uh computer hookups there we've got fiber optics to the building already oh i'm sorry yeah the internet yeah fiber optics is already in there and operational thank you you're welcome i think so so i think we need a manufacturer to to make sure right between you and them that you have logs available for inspection yeah upon request at least maybe we should put like a the last six months
And you'd have six months worth of logs a year or something. That way they're not maintaining logs in perpetuity.
Whatever you decide. I think a year is worth. They have to maintain at least a year. At least one year worth of log of in and out.
And Commissioner, we don't want this data submitted to us. Upon inspection, upon complaints, we can go inspect. And maybe a year time frame would be more than enough.
Yeah. They have to have a minimum. You have to keep a minimum. If you have more than that, that's fine, but you have to keep at least a year's worth of data. Tracy?
I was just going to suggest that the logs be provided within like 48 hours of request or 72 hours of request. Okay.
We'll put that in the condition at some level. We do need to get a timely request or answer from you. And this is going to stay with the owner, this special use request, correct? Special use permit? Yes. Okay. With the owner. Okay.
With administrative approvals.
Did we get all the conditions we needed to add?
We added two conditions.
The log that will be given and the chain of custody for the disposal through American Tank all the way through, right?
Or its equivalent. Or any other hauler. Or any other hauler, right.
Or its equivalent. What else did we need?
And at any time their service contract lapses, they can have their special use permit revoked.
right the contract uh the contract and is that it okay I can get there with those safeguards yeah I think we just need to have some safeguards exactly that was my point because that wastewater thing bothers me and I wasn't sure about it but I think we worked through it today to the best of our ability and we'll give you a chance and I think that's what Marion County is about
Chair, that's my motion with the amended conditions. Do you still second?
Second. All right. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. Good luck. Thank you. Thank you for providing.
Move the ordinance. Second.
I have a motion to move the ordinance by Commissioner Bryant, second by Commissioner Stone. All those in favor signify by saying aye. Aye. Any opposed? That passes unanimously. I have five minutes before I have to walk out the door. Congratulations. Oh, you have the date?
I have the date. Okay.
Okay.
That was 11.1 from this morning. We can move the public hearing to September 21st. You can start at 1.30 or 1 o'clock. The data center starts at 2 o'clock.
Okay.
How much time do we need? What time do you want to start?
1.30.
1.30? Okay. And if you run a little late and we delay the workshop, it's fine. Okay.
Thank you, Commissioners.
We appreciate it. Good luck. So I need a motion. I need a motion. So moved.
To schedule that public hearing.
Schedule the public hearing for 9.21 at 1.30. I have a motion by Commissioner McLean, second by Commissioner Stone. All those in favor signify by saying aye. Aye. And with that, Commissioners, it's been a pleasure. We're adjourned. Oh, you have one more?
The reason I asked her about the temperature, I don't know if you saw it in the news this week, but there was this young couple, a brother and sister. He had just graduated from college. They went to Yellowstone, and they were hiking in Yellowstone, and they wanted to go to some of those hot springs. Oh, really? And the hot springs have acid in them, and he wanted to see how hot it was, and he stuck his hand out, and he fell into it. And so it was near dark and the rescue people couldn't get him out. And when they got him out the next day, he was totally dissolved.
So because of the combination of the heat and the acid. But it was like, it seemed like it was several hundred degrees.
Thanks for sharing that, Mr. Mentor. Well, you know. I could have lived without knowing that one.
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