110 SE Watula Avenue

Ocala, FL 34471

Ocala

City Council

Minutes

www.ocalafl.org

5:00 PM

Tuesday, February 1, 2022

1. Call to Order

Opening Ceremony

Invocation - Chaplain Doug Green

Pledge of Allegiance

Welcome and Roll Call

Mayor Reuben Kent Guinn

Present:

Pro Tem James P. Hilty Sr

Council Member Kristen M. Dreyer

Council Member Barry Mansfield

Council Member Jay A. Musleh

Council President Ire J. Bethea Sr.

Public Notice

Public Notice for the February 1, 2022 City Council Regular Meeting was posted on December 21,

2021

Black History Month

Mayor Guinn presented a proclamation for Black History Month. He discussed how Black

Proclamations & Awards

History Month honors the accomplishments and contributions made by generations of African

Americans. The City proclaims February 2022, as Black History Month.

Mayor Guinn encouraged the community to support the program Kut Different, Inc.

Jamie Gilmore Jr. thanked the City for honoring Black History Month.

President Bethea recognized individuals in Marion County, who should be honored during the

celebration of Black History Month.

Presentations

Public Comments

Glenda Vietinghoff, 2721 NE 27th Street, Ocala, FL, requested follow-up to her concerns about a

neighbor owning pigs within the City limits

Glenda Vietinghoff, 2721 NE 27th Street, Ocala, FL, discussed a code enforcement case

regarding pigs housed in a residential neighborhood. She explained she had collected and

submitted 91 petitions from surrounding neighbors requesting the City uphold the City code

prohibiting pigs in the City. She requested a follow-up from the City regarding the case.

City Attorney Batsel explained the situation is before the Special Magistrate. The City Attorneys

cannot have direct conversations with a Special Magistrate outside of a hearing. Furthermore, he

will follow-up with the Special Magistrate at the request of Ms. Vietinghoff.

Ms. Vietinghoff noted her letter was not documented in the portal for the code enforcement case.

She believes the resident should not be exempt from following the code enforcement

regulations.

Public Hearings

Approve a Chapter 163 Concurrency Development Agreement for approximately 23.51

acres of property located at 2550 SE 24th Street (Parcel # 29850-000-27)

(CDA21-44540). This is the second of two public hearings. The first public hearing was

held on December 21, 2021. This public hearing was postponed from the January 4, 2022

and February 1, 2022 City Council Meetings.

6a.

Council Member Musleh requested the hearing be postponed to the next City Council

meeting on February 15, 2022.

There being no further discussion the motion carried by roll call vote.

RESULT:

MOVER:

POSTPONED

Jay A. Musleh

SECONDER: James P. Hilty Sr

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Adopt Ordinance 2022-13 for a zoning change to R-3, Multi-Family Residential, for

approximately 23.51 acres of property located at 2550 SE 24th Street (Parcel #

29850-000-27) (Case ZON21-44541). This public hearing was postponed from the

January 4, 2022, February 1, 2022 and February 15, 2022 City Council Meetings

(Quasi-Judicial)

6b.

Jay A. Musleh

Introduced By:

Council President Pro Tem Hilty requested the hearing be postponed to the next City

Council meeting on February 15, 2022.

There being no further discussion the motion carried by roll call vote.

RESULT:

POSTPONED

MOVER:

James P. Hilty Sr

SECONDER: Barry Mansfield

AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Second and Final Reading of Ordinances - None

General Business

Approve Task Work Order #13 to provide SunTran fixed-route bus transit design

services using Kimley-Horn and Associates Inc. for bus stop prioritization, surveying,

construction plans, and permitting for twenty-five bus stops in the amount of $218,07

8a.

8b.

8c.

There being no discussion the motion carried by roll call vote.

RESULT:

MOVER:

APPROVED

Jay A. Musleh

SECONDER: James P. Hilty Sr

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve Task Work Order #14 with Kimley-Horn and Associates Inc. for architectural

and engineering design services for renovations to the SunTran bus facility located at

1805 NE 30th Avenue in the amount of $79,646

There being no discussion the motion carried by roll call vote.

RESULT:

MOVER:

APPROVED

James P. Hilty Sr

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve contract to purchase six parcels in Downtown Ocala owned by Mt. Moriah

Church for a future parking garage in the amount of 1,765,000

Assistant City Manager Pete Lee presented a map that showed 7 properties City staff

have considered for a future parking garage. He explained the Mt. Moriah Church

property is the most suitable for numerous reasons, including the price, location and

redevelopment opportunities in the surrounding parcels. It is equidistant from the

downtown core as the existing garage by City Hall, as well as it would spur

redevelopment opportunities on the western edge of the Downtown as part of the Vision

2035 plan. He noted Downtown is lacking in parking.

Council President Pro Tem Hilty requested insight into the discussion with JJAB

Investments and any potential residential development plans on that site. Assistant City

Manager Pete Lee responded the parcel has two separate owners. One of the owners

purchased the parcel to develop residential housing in the community, however, the City

has not yet received any development plans.

Council President Pro Tem Hilty asked if the City should consider purchasing the parcel.

Mr. Lee responded the sale price is out of the price range.

Council President Pro Tem Hilty expressed safety concerns regarding pedestrians

walking from the parking garage. Mr. Lee noted the area isn’t as developed, but there are

restaurants around it such as The Courtyard and Pi, which is currently being renovated.

He provided an overview of potential development plans in the area.

Council President Pro Tem Hilty requested clarification on the lease to purchase

agreement. Mr. Lee responded the lease agreement will be finalized during closing.

Council Member Mansfield questioned how the City purchases property, or if there had

been any workshops regarding this agreement. Mr. Lee noted staff had talked to each

Council Member about this agreement. City Attorney Batsel explained these types of

contracts are subject to Council approval, and are entered into prior to coming to

Council.

Mr. Lee discussed the Vision 2035 plan. The City plans on developing a third parking

garage on the north side of SR40, but there isn’t currently enough traffic to warrant. That

development will likely include a public-private partnership or private builder. To note,

the development plan for a second parking garage south of SR40 was discussed with

Council in 2019. The City can install street lights to alleviate safety concerns in the area.

The Vision 2035 plan included an expectation that surface parking would be replaced

with structured parking.

Council Member Mansfield asked when the item will be opened for public comment.

Mr. Lee responded the discussions for the project were held internally. The City

performed market research on pricing before making any purchases.

Council Member Mansfield asked what the due diligence is on the contract. City

Attorney Batsel responded 90-days from Council approval of the contract.

Mayor Guinn stated he supports the proposed garage location. He noted the garage is

surrounded by local entertainment establishments. He asked who owns the top left

parcel. Mr. Lee responded Martin Ryan owns the property and plans on selling the

property to the City.

Mayor Guinn requested clarification on the development plans for the remaining parcels.

Mr. Lee responded the City will list the parcels for sale on the real estate market after

construction.

Council Member Mansfield stated he wants to receive feedback from the public.

Council Member Dreyer commented the City should seek public input from local

Downtown businesses. She noted many of the business owners are upset the City did not

ask for their feedback. She requested the City allow Downtown businesses to comment

on the project. Furthermore, she concurs with Council President Pro Tem Hilty regarding

the safety concerns.

Council Member Dreyer questioned why the City is not interested in purchasing the

McDoniels property. Mr. Lee responded the requested price is too high. He noted the

City has more development opportunities on the parcel they have acquired. The City will

remedy all safety concerns at the proposed location. Furthermore, the garage project will

take several years to complete.

Council Member Musleh asked what the purpose of the due diligence period is. Mr. Lee

responded to allow the City to review the geo-technical aspects of the property.

Council Member Musleh asked if Council can terminate the agreement due to negative

public input. City Attorney Batsel explained the termination clause. The City would have

to determine if the property is suitable for the proposed use, which requires a Phase 1

environmental inspection. The concerns raised by Council can be used to terminate the

contract during the feasibility period.

Council Member Dreyer asked if the item can be tabled until Council receives input from

Downtown businesses. City Attorney Batsel responded the contract was executed on

January 5th, and the contingency must be accepted by Council within 60-days. The City

can make a minor amendment to extend the contingency. The request will need Council

approval on March 1, 2022, without the seller extending the contingency.

Council Member Dreyer commented Council can receive feedback from local businesses

within the specified timeframe.

Glenn Fiorello, 838 SE 3rd Street, Ocala, FL, commented on the building decisions of

the parking garage by City Hall and asked if more floors could be added to increase

parking for the public. City Engineer & Director of Water Resources Sean Lanier

explained the design does not allow for more than 3 floors. He noted the City did not

have the budget to go beyond three floors.

Council President Bethea asked if there is a height limit for the garage project. Mr. Lee

responded the form-based code would allow for an exception on height limits. .

Mr. Fiorello suggested the City consider more floors instead of more garages. He shared

his experience building the Judicial Center. The County forgot to include the parking in

the Judicial Center design.

Gerald Ergle, 3631 SE 12th Place, Ocala, FL, expressed disappointment the City did not

schedule a public hearing to discuss the location of the proposed parking garage. He

noted City business must be discussed with the public. He requested Council table the

item to receive public input.

Kevin Sheilley, 310 SE 3rd Street, Ocala, FL, spoke in support of the proposed garage

site. He believes the garage project will be a catalyst for additional development

Downtown ($50 million investment). Furthermore, the proposed location will drive

additional investment and revenue in the form of ad valorem taxes. He encouraged

Council to support the proposed garage development site.

Council Member Dreyer asked if businesses are not investing in the Downtown due to

limited parking. Mr. Sheilley responded yes; parking is a huge issue in the City. He

anticipates more businesses will invest in the Downtown, if there is more available

parking for the public.

Council Member Dreyer asked what the time frame is for the $50 million investment.

Mr. Sheilley responded the City will see the $50 million investment return in year 2024

to 2025.

Council President Pro Tem Hilty questioned the walkability of the area and noted the lot

north of SR40 isn't any further away from the Downtown than the Mt. Moriah lot. Mr.

Sheilley responded pedestrians hesitate to cross SR40. He believes that a parking garage

north of SR40 would greatly benefit the businesses north of SR40.

Council President Pro Tem Hilty asked if the one-year delay impacts development plans.

Mr. Sheilley explained the development process. He anticipates there will be no

significant impacts.

Mayor Guinn commented the Master Plan from 2003 identifies the area for a parking

garage. He noted the City will make the garage safe for the public. Furthermore, he

anticipates the garage project will increase new development in the City.

President Bethea commented the Vision 2035 plan included comments from business

owners and citizens.

Council Member Dreyer commented the perception is the public believes north 40th is

unsafe for the pedestrians to cross. She requested the item be tabled before the City

wastes money on a location the public is unwilling to travel to.

Mayor Guinn commented the City will remedy the pedestrian safety concerns by

installing lights. He noted the City scheduled a year’s worth of meetings before the plan

was approved.

Rock Gibboney, 597 NE 45th Terrace, Ocala, FL, encouraged City staff to get Council

and citizens involved in the process and provide project updates. Furthermore, the City

needs to communicate better with the new Council Members.

Council President Pro Tem Hilty stated he supports postponing the item for further

discussion. He requested more information regarding the neighboring lots and sales

price. Mr. Lee responded the price is based on the appraised value of the parcel.

Council President Pro Tem Hilty questioned if the City has communicated enough with

the business owners Downtown. Council Member Dreyer responded no.

Council Member Dreyer asked how much McDoniels previously wanted to sell the

property for. Mr. Lee responded he does not know.

Council Member Dreyer commented the amount of parking spaces do not differ from the

current lot.

Mr. Lee commented they will conduct an analysis on the parcels to determine

redevelopment potential.

Council Member Dreyer commented the public assumes Council discussed the matter.

Mr. Lee responded the City discussed the details of the project with Council. He noted

the City can schedule two public meetings within two weeks.

Council President Pro Tem Hilty stated he favors the proposed development; however,

the item needs to be postponed for further discussion.

Mr. Lee suggested postponing discussion until March 1, 2022

Council President Pro Tem Hilty asked if the individuals can move out of the property

sooner. Mr. Lee responded they can explore shortening the timeframe and the individuals

requested one year.

Council agreed to postpone discussion to the next City Council meeting scheduled on

March 1, 2022.

RESULT:

TABLED

Adopt Resolution 2022-21 accepting a Federal Aviation Administration grant for the

Airport Coronavirus Relief Grant Program and authorize the City Council President to

sign and execute the grant agreement totaling $148,000

8d.

There being no discussion the motion carried by roll call vote.

RESULT:

MOVER:

ADOPTED

Barry Mansfield

SECONDER: James P. Hilty Sr

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve award of three-year contract to Boot Barn, Inc. for the provision of discount

pricing on protective footwear for City employees in the amount of $150,000

8e.

There being no discussion the motion carried by roll call vote.

RESULT:

MOVER:

APPROVED

James P. Hilty Sr

SECONDER: Kristen M. Dreyer

AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Consent Agenda

Consent Agenda items are considered to be routine and will be enacted by one roll call vote.

There will be no separate discussion of these items unless members of Council or the public

request specific items to be removed for separate discussion and action.

RESULT:

APPROVED

MOVER:

James P. Hilty Sr

SECONDER: Barry Mansfield

AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

See Item 10

9a.

Adopt Budget Resolution 2022-127 amending the Fiscal Year 2021-2022 budget to

appropriate grant funding from the Federal Aviation Administration totaling $148,000

9b.

9c.

Approve Task Work Order #4 utilizing Kimley-Horn and Associates for traffic

management design for the State Road 464 Force Main Replacement project with a

not-to-exceed cost of $76,949

Approve the purchase, delivery and assembly of filtration boxes from Oldcastle

Infrastructure Inc. for the Edgewood Pond drainage retention area with a cost not to

exceed $61,835

9d.

9e.

Approve agreement with the Diocese of Orlando concerning the conveyance of property

for Trinity Catholic High School and granting a new drainage easement to the City of

Ocala

Approve the purchase of an Apex Interactive Crisis Intervention, De-Escalation, and Use

of Force Training Simulator in the amount of $89,296

9f.

Approve a grant contract from the Florida Department of Law Enforcement (FDLE) to

reimburse expenses for implementation assistance with the Florida Incident Based

Reporting System (FIBRS) program totaling $44,671

9g.

Adopt Budget Resolution 2022-128 amending the Fiscal Year 2021-2022 budget to

accept and appropriate funds from the Florida Department of Law Enforcement (FDLE)

to reimburse expenses for implementation assistance for the Florida Incident Based

Reporting System (FIBRS) totaling $44,671

9h.

Approve contract for rehabilitation for the English residence located on NW 19th Ct to

Algat Enterprises, Inc. for a total project cost not to exceed $92,078

9i.

Approve contract for rehabilitation of the Roney residence located on NE 16th Ct. to

Algat Enterprises, Inc. for a total project cost not to exceed $84,819

9j.

Approve Labor Attorney invoices for the month of December 2021 in the amount of

$298.75

9k.

9l.

Approve appointment of Christina Snook to the Ocala Historic Preservation Advisory

Board for an unexpired three-year term ending March 1, 2024

Approve Regular Meeting City Council Minutes for Tuesday, January 18, 2022

9m.

10.

Consent Agenda Items Held for Discussion

Should any items be removed from the Consent Agenda for discussion, they will be discussed at

this time.

Adopt Budget Resolution 2022-126 to appropriate funds from the General Fund Reserve

for projects for the purchase of six parcels in Downtown Ocala owned by the Mt. Moriah

Church in the amount of $1,765,000

9a.

RESULT:

TABLED

11.

Introduction and First Reading of Ordinances

(Second and Final Reading - February 15, 2022)

Adopt Ordinance 2022-20 to adjust the General Employees’ Retirement System

investment assumption rate. This public hearing was postponed from the February 15,

2022 City Council meeting.

11a.

James P. Hilty Sr

INTRODUCED

Introduced By:

RESULT:

Adopt Ordinance 2022-21 for a zoning change from B-4, General Business, to M-1,

Light Industrial, for approximately 7.72 acres of property located at 2905 and 2957 N

Pine Avenue (Case ZON21-44608) (Quasi-Judicial). This public hearing was postponed

from the February 15, 2022 City Council meeting.

11b.

Kristen M. Dreyer

INTRODUCED

Introduced By:

RESULT:

12.

13.

14.

Internal Auditor's Report

City Manager's Report

Police and Fire Department Report

Police Chief Mike Balken – Public Safety Opioid Response Efforts

Police Chief Balken reported the overdose deaths amount to seven, due to a hot batch of drugs.

The Police Department is working hard to combat illegal drugs in the community and 58

employees tested positive for COVID-19.

Fire Chief Clint Welborn – Public Safety Opioid Response Efforts & Community Paramedicine

Fire Chief Welborn discussed the public safety Opioid response efforts and community

paramedicine program. The overdose response efforts 8, overdose deaths 1 and Narcan leave

behind 2. For the month of January, 336 people have enrolled in the Opioid Recovery Project

and they had a total of 136 community paramedicine graduates. The Narcan leave behind for the

OD2A Program amounts to 76 participants and trained 26 individuals to administer Narcan.

15.

Mayor's Report

Mayor Guinn shared his experience attending the US Conference of Mayor's

He discussed local issues and the migration of people moving to the City of Ocala. He

encouraged Council to view the event photos online. Furthermore, he anticipates the defund the

police movement has died down.

Mayor Guinn discussed a Bill currently under review by the Senate.

Mayor Guinn stated he opposes a Bill currently under review by the Senate. The Bill allows the

release of prisoners for serving 65% of their time. The Bill will release many violent prisoners

into the community. He discussed a recently released prisoners that killed Detective Rivera in

New York. Furthermore, he plans on traveling to Tallahassee to speak to the Senate Committee

regarding the proposed Bill.

16.

City Attorney's Report

Approve City Attorney’s representation of City employee in ethics complaint

City Attorney Batsel explained the provision of the City Code that deals with

16a.

representing a City employee with an ethics complaint filed against them. The

employee's identity is kept confidential throughout the process. The code states the

employee must be reimbursed if they are acquitted or charges have been dismissed. He

noted the technical application of the code creates a hardship for an employee to hire an

attorney. He discussed a pervious case with an employee last August.

The City staff determined there was no ethics violation after analyzing the file.

Furthermore, the employee met with Assistant City Attorney Patrick Gilligan and they

are requesting Council allow Assistant Attorney Gilligan to represent the employee.

Council previously requested the ordinance be revised to allow an exception when the

City Manager or his/her designee determine no ethics violation occurred. He requested

Council vote on the motion: Assistant City Attorney Gilligan to represent the employee

and discuss presenting a revision of the ordinance. Council had no objections to the City

Attorney bringing back revisions to the ordinance.

There being no discussion the motion carried by roll call vote.

RESULT:

MOVER:

APPROVED

James P. Hilty Sr

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Council agreed to delegating the Council President to sign agreements relating to opioid litigation

settlements

City Attorney Batsel reported Council approved several settlement agreements. He anticipates

the City will receive more settlements for Council to review soon. He discussed an email he

received regarding approving participation in the settlements. Due to quick deadlines and short

notices, he requested Council delegate authority and allow Council President Bethea to execute

the agreements in the short term.

Council agreed with the request.

City Attorney advised Council of a court hearing on February 11th at 10:00 AM to determine the

final claim administration process

City Attorney Batsel reported a hearing is scheduled on February 11, 2022, at 10 a.m.; to discuss

the plaintiffs class motion to approve the class notice of final hearing. The hearing could result

in a formal claims administration process.

17.

Informational Items

17a. Calendaring Items

17a1. City Council Work Session - Solid Waste/Recycling & Animal Control -

Tuesday, February 8, 12pm Noon

17a2. Strategic Planning Session - Tuesday, March 22 - Time/Location TBA

17b. Comments by Mayor

Mayor Guinn discussed appointing Council Members to the Bid Committees

Mayor Guinn suggested Council appoint Members to the Bid Committees. He asked if Council

was interested in participating in the Bid Committee.

Council Member Dreyer commented she will be meeting once a month with City staff to discuss

City projects.

Mayor Guinn shared his experience as a City Council Member participating in the Bid

Committee.

Council President Bethea commented he meets once a month with City management.

17c. Comments by Council Members

Council Member Mansfield commented on the importance of transparency and suggested

reviewing the City Manager position

Council Member Mansfield commented on the importance of transparency with the public. He

noted the public is the shareholders for the City. He suggested Council perform a nationwide

search for a new City Manager from outside the community, with a strong background in civil

and construction matters. Furthermore, his perception of City staff, is they only want Council to

vote on requests, but not ask questions.

President Bethea questioned finding a new City Manager with an expertise in all City

Departments

Council Member Musleh commented on the contract renewal process for the City Manager

position

Council Member Musleh stated it is inappropriate for Council to discuss the City Manager

position at this time. The City Manager contract ends in October 2022. He suggested Council

extend the current City Manager the length of their contract; if Council chooses not to renew the

contract in October, an interim City Manager will be appointed during the City Manager search.

The City previously selected an outside candidate for the City Manager position, however, the

candidate moved back to their hometown. Furthermore, he concurs with Council President

Bethea; Council will not find a candidate with an expertise in all departments.

President Bethea commented on City Manager Sandra Wilson's exceptional business skills

President Bethea stated City Manager Sandra Wilson has a vast knowledge of City operations

and exceptional business skills.

Council Member Dreyer commented on the importance of transparency

Council Member Dreyer expressed concern regarding transparency with Council and the public.

The City staff need support and guidance from the City Manager. She noted one of the City

Managers direct reports requested she not discuss certain things during City Council meetings.

She questioned why it would be inappropriate to start the search for a new City Manager now.

City Manager Sandra Wilson asked Council Member Dreyer what she requested she not speak

about. Council Member Dreyer responded she approached her prior to the meeting and requested

she not mention the City lawsuit. . Ms. Wilson confirmed Council Member Dreyer was

referring to pending litigation. Council Member Dreyer responded in the affirmative.

17d. Informational

Monthly Budget to Actual Report as of December 31, 2021 and Capital

Improvement Project Status Report

17d1.

Power Cost Adjustment Report - December 2021

Executed Contracts Under $50,000

17d2.

17d3.

17d4.

Risk Management Status Report

18.

Adjournment

6:45 PM

Adjourned at 6:45 p.m.

Minutes

_______________________________

Ire Bethea Sr.

________________________________

Angel B. Jacobs

Council President

City Clerk