110 SE Watula Avenue

Ocala, FL 34471

Ocala

City Council

Minutes

www.ocalafl.org

4:00 PM

Tuesday, August 2, 2022

1. Call to Order

Opening Ceremony

Invocation - Chaplain John Hanks

Pledge of Allegiance

Welcome and Roll Call

Council President Pro Tem Hilty arrived at 4:42pm.

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

Municipal Officers/Others Present: The meeting was also attended by Interim City Manager Pete

Lee, Assistant City Attorney Robert W. Batsel Jr., City Clerk Angel Jacobs, Deputy City Clerk

Pamela Omichinski, Fire Chief Clint Welborn, Police Chief Michael Balken, Internal Auditor

Randall Bridgeman, Growth Management Director Tye Chighizola, Marketing &

Communication Manager Ashley Dobbs, Multimedia & Communication Coordinator Danielle

Dyals, Chief Planning Official Aubrey Hale, Budget Director Tammi Haslam, Procurement &

Contracting Officer Daphne Robinson, Interim Chief of Staff Chris Watt, Ocala Police Dept

Representative, IT Representative and other interested parties.

Public Notice

Public Notice for the August 2, 2022 City Council Regular Meeting was posted on July 1, 2022

3. Proclamations & Awards

Service Award - Sergeant Jimmy Pitman - Ocala Police Department - 25 Years of

3a.

Service.

Interim City Manager Pete Lee and Mayor Guinn presented a service award to Jimmy

Pitman in appreciation of his 25 years of service to the City of Ocala. He started his

career with the City of Ocala in 1997. During his career, he was promoted to multiple

leadership positions.

Jimmy Pitman thanked the City for the service award.

3b.

Recognition of the Ocala Police Department Unified Drug Enforcement Strike Team

(UDEST)

Mayor Guinn presented a recognition award to the Ocala Police Department Unified

Drug Enforcement Strike Team (UDEST).

Captain Douglas spoke on combating illegal drugs in the community and thanked the

citizens of Ocala for their support.

Presentations

Ocala/Marion County Visitors & Convention Bureau Presentation - Loretta Shaffer,

4a.

Tourism Director

Loretta Shaffer, Tourist Development Director with Marion County, presented a

rebranding toolkit. The purpose of the Tourist Development Council (TDC) is to advise

and make recommendations to the Board of County Commissioners regarding the

following matters: tourism sales, marketing, and advertising. She provided a brief

overview of Section 125.0104, Florida Statutes, and shared a video with Council.

Tourism has a huge economic impact to the local community, bringing in $1 billion

revenue annually, and creates more job opportunities. She summarized Marion County’s

valuable assets, such as the World Equestrian Center, the Florida Aquatics Swimming &

Training Facility, the Fort King National Historic Landmark, growing arts and cultural

scenes, and a thriving and vibrant hospitality industry.

She spoke on the logo/tagline research phase and brand evolution. The new logo

represents Ocala’s branding story and history in the community. The full brand

conversion will take place in six (6) to 12months, and the brand toolkit includes several

professional elements.

Public Comments

Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services

Brian Creekbaum, 103 NE 31st Terrace, spoke on Marion County’s lack of providing high

quality animal control services to residents in the City of Ocala. The County has failed to meet

the established response times in the Marion County policy. He shared his disappointing

experience meeting with three Marion County representatives to remedy the matter. He

suggested the City take action to remedy the matter.

Council President Bethea asked if the City met with Marion County to discuss the matter.

Interim City Manager Pete Lee responded the City will be meeting with a Marion County

representative tomorrow, at 3:00 p.m.

Jessica Fieldhouse, Executive Director with Ocala Main Street, 5307 108th Street, commented on

Ocala hosting the 2023 State Conference

Jessica Fieldhouse, Executive Director with Ocala Main Street, 5307 108th Street, commented

on Ocala hosting the 2023 State Conference for Florida Main Streets and the Florida Trust for

Historic Preservation. The conference will take place in July 2023, and will generate great

tourism in the City. The event will positively impact the economy and support local small

businesses.

Public Hearings

Approve the sale of beer and wine for off-premise consumption for Sandy’s Shack, LLC

d/b/a Sandy’s Shack located at 4901 E Silver Springs Blvd Unit #306/307

(Quasi-Judicial)

6a.

City Attorney Batsel explained the quasi-judicial procedure for public hearings.

Council President Bethea opened the public hearing at 4:28 p.m.

Growth Management Director Tye Chighizola discussed an off-premise alcohol permit

request for Sandy’s Shack located in the Six Gun Plaza. The plaza has received 14

service calls over two (2)years, but he noted that OPD will use the address for traffic

citations that occur in front of the plaza on Silver Springs Blvd., and staff recommends

approval.

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

RESULT:

MOVER:

APPROVED

Jay A. Musleh

SECONDER: Barry Mansfield

AYE:

Dreyer, Mansfield, Musleh, and Bethea Sr

Hilty Sr

ABSENT:

Open a public hearing and introduce Ordinance 2022-72 to allow a materials recovery

facility as a permitted use in the M-2 and M-3 zoning districts subject to criteria

(COD22-44744). (This is the first of two public hearings. The second and final hearing is

scheduled for Tuesday, August 16, 2022.)

6b.

Kristen M. Dreyer

Introduced By:

Council President Bethea opened the public hearing at 4:29 p.m.

Growth Management Director Tye Chighizola spoke on the draft materials recovery

facility ordinance. The City held several public hearings, and the Planning & Zoning

Commission recommends approval of the draft ordinance. The final public hearing is

scheduled on August 16, 2022. The draft ordinance differentiates between a recycling

center and materials recovery facility. To note, the materials recovery facility requires a

DEP permit, and the City can add a Chapter 163 Development Agreement. He explained

the difference between a materials recovery facility versus waste transfer station, which

does not sort collected waste.

There being no further discussion or public comment, Council President Bethea closed

the public hearing at 4:37 p.m.

Open a public hearing to consider a Concurrency Development Agreement to be entered

into pursuant to Sections 163.3220 through 163.3243 Florida Statutes, between the City,

RM Maricamp, LLC, and The Grand Reserve at Pelham, LLC (CDA22-44889) for

approximately 47.25 acres located south of the intersection of SR 464 and SE 25th

Avenue. (This is the first of two public hearings. The second and final hearing is

scheduled for Tuesday, August 16, 2022.)

6c.

Council President Bethea opened the public hearing at 4:38 p.m.

Growth Management Director Tye Chighizola commented the Concurrency

Development Agreement requires two public hearings. The next public hearing is

scheduled on August 16, 2022, and the item is associated with five other items (rezoning

to PD, resolution adopting PD plan, Concurrency Development Agreement, subdivision

for a 7-Eleven, and alcohol permit). The request before Council addresses the

intersection improvements, and the City is proposing a roundabout to mitigate traffic

impacts. If the agreement is approved, the City will work with the applicant to address

buffering, landscaping, and retrieval of donated right-of-way. To note, the westbound

right turn lane is an existing failure; the developer is not responsible for improving

existing failures.

Council President Pro Tem Hilty arrived at 4:42 p.m.

Council Member Musleh expressed concern regarding the left turn onto SE 25th. Mr.

Chighizola responded the left turn lane failure is related to the development project. He

explained the existing westbound right turn lane failures and noted the proposed

improvements will help improve the intersection.

Fred Roberts, 40 SE 11th Avenue, provided a brief overview of the proposed

improvements and Concurrency Development Agreement. The developers will be

working together to establish a pool of funds to cover improvement expenses. The

agreement addresses the dedication of right-of-way to the City, and proposed traffic

improvements. He summarized the off-site/traffic improvements totaling $2 million. The

traffic study determined the only existing failure is the westbound right turn lane, and the

left lane turn onto SE 25th has very little traffic.

The developer favors the City’s roundabout design to mitigate traffic impacts. To note,

Woodland Villages requested the sidewalk be constructed on the opposite side of the

road to eliminate pedestrian traffic near the property, and the developer has agreed to that

request.

Mr. Chighizola noted the roundabout design will create additional stacking.

Brad Tropello, Woodland Villages Resident, 2420 SE 18th Circle, also representing BJT

Marketing Realty, spoke in opposition of the proposed development project. He

expressed concern regarding the following: traffic impacts, school overcrowding,

numerous development projects, increased density, and alcohol permit for the proposed

7-Eleven. Furthermore, he agrees with Council Member Musleh’s comments regarding

the left turn lane failure, which is a pedestrian safety concern. He questioned the traffic

calculations, and requested Council maintain the single-family zoning.

Mr. Chighizola commented the 7-Eleven/office park property does not require a public

hearing or improvements. He explained if single-family homes were built, the density

would trigger no intersection improvements. The City recommends establishing a

roundabout at the intersection to mitigate traffic impacts. Council must consider the

following two options: roundabout or three-way stop (Woodland Villages right-of-way

is needed).

Mr. Roberts commented the traffic testimony will be presented at the next City Council

meeting scheduled on August 16, 2022. He explained the land use classification and

compatibility of the multi-family development project. The School Board Member who

attended the Planning & Zoning Commission meeting did not oppose the proposed

project. He reiterated the developer is expensing $2 million for improvements . He spoke

on establishing a written agreement between the developers and Woodland Villages to

remedy the landscaping issue. He stated the Woodland Villages President favors the

roundabout design, which would be at the developers’ expense, and the donation of

right-of-way to the City.

There being no further discussion or public comment, Council President Bethea closed

the public hearing at 5:18 p.m.

Open a public hearing to consider a proposed amendment to a Concurrency Development

Agreement to be entered into pursuant to Sections 163.3220 through 163.3243, Florida

Statutes, between the City and Ocala Trophy Ltd., a Florida Limited Partnership, related

to the Heath Brook Development of Regional Impact (DRI) located off SR 200. (This is

the first of two public hearings. The second and final hearing is scheduled for Tuesday,

August 16, 2002.)

6d.

Council President Bethea opened the public hearing at 5:18 p.m.

Growth Management Director Tye Chighizola commented the Concurrency Developer’s

Agreement will be addressed at the next public hearing scheduled on August 16, 2022.

The public hearing will consist of the following: rezoning to PD, resolution adopting PD

plan, Concurrency Development Agreement, DRI amendment, and three-party agreement

for the donation of right-of-way.

Adopt Resolution 2022-44 to vacate an 8-foot public utility and drainage easement

adjacent and parallel to the west and north lot lines of Lot 6, Block B as recorded in

Galloway & Sands Subdivision Replat, Book “U”, Page 36, located at 2817 NW 8th

Place. (Case PLV22-44775) (Quasi-Judicial)

6e.

Growth Management Director Tye Chighizola commented the resolution is regarding a

rededication/vacation of an old plat with a utility/ drainage easement. The building was

built over a portion of the utility easement and is no longer needed. The property is an

industrial subdivision, south of Blitchton Road. He noted staff recommends approval.

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

RESULT:

MOVER:

ADOPTED

Kristen M. Dreyer

SECONDER: James P. Hilty Sr

AYE:

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

Second and Final Reading of Ordinances - None

General Business

Adopt the Fiscal Year 2022-2023 tentative millage rates: Basic City - 6.6177; District A

- 1.7185; District B - 1.6332; District C - 1.4699

8a.

8b.

8c.

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

RESULT:

MOVER:

APPROVED

James P. Hilty Sr

SECONDER: Jay A. Musleh

AYE:

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

Approve a one-year renewal with HM Insurance Group to provide stop loss insurance for

the City's self-insured health plan with an expenditure of $1,885,503

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

RESULT:

MOVER:

APPROVED

Jay A. Musleh

SECONDER: Barry Mansfield

AYE:

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

Approve appointment of Michael Kroitor to the Municipal Code Enforcement Board by

ballot vote

Deputy City Clerk Pamela Omichinski distributed and tallied the ballots. Ms. Omichinski

announced Council appointed Michael Kroitor to the Municipal Code Enforcement

Board by ballot vote.

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.

musleh/mansfield

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

RESULT:

MOVER:

APPROVED THE CONSENT AGENDA

Jay A. Musleh

SECONDER: Barry Mansfield

AYE:

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

Approve Subordination of Utility Interest Agreement to the Florida Department of

Transportation (FDOT) on Marion County Parcel #21521-001-01

9a.

9b.

9c.

9d.

Adopt Resolution 2022-45 for the Subordination of Utility Interest Agreement to the

Florida Department of Transportation on Marion County Parcel # 21521-001-01

Approve the One Fort King Conceptual Subdivision Plan (SUB21-44626) located at the

southwest corner of SW Fort King Street and SW First Avenue (approximately .52 acres)

Approve First Amendment to the janitorial services agreement with ServiAmigos

Solutions, LLC, to provide additional janitorial services at the MLK SportsPlex, Tom’s

Park, and Ocala Skate Park over the remainder of the three-year contract term for an

additional expenditure of $51,645

Approve agreement for Police Special Duty Officers between the Ocala Police

Department and the School Board of Marion County

9e.

Approve City Council Work Session Minutes from June 28, 2022

Approve Regular Meeting City Council Minutes from July 19, 2022

9f.

9g.

10.

11.

Consent Agenda Items Held for Discussion

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

this time.

Introduction and First Reading of Ordinances

(Second and Final Reading - August 16, 2022)

Introduce Ordinance 2022-73 to correct the legal description adopted in Ordinance

2022-36 annexing property (approximately 35.6 acres) located in the SE corner of 3848

NW 27th Avenue (Quasi-Judicial)

11a.

James P. Hilty Sr

Introduced By:

Introduce Ordinance 2022-74 concerning a rezoning from PUD-08, Planned Unit

Development, to R-3, Multi-Family Residential, for property located along SW 24th

Avenue approximately 720 feet east of the intersection of SW 19th Avenue Road,

approximately 1.36 acres (Case ZON22-44741) (Quasi-Judicial)

11b.

Jay A. Musleh

Introduced By:

Introduce Ordinance 2022-75 concerning a rezoning from R-1A, Single-Family

Residential, to PD, Planned Development, and approval of an associated PD plan and

standards book for property located at 2700 SE Maricamp Road (bordering the eastern

boundaries of subdivisions Woodland Estates and Woodland Villages), approximately

39.24 acres. (Case PD21-44492) (Quasi-Judicial)

11c.

Barry Mansfield

Introduced By:

Introduce Ordinance 2022-76 annexing approximately 34.06 acres located at 2300 SW

38th Avenue (Case ANX22-44859) (Quasi-Judicial)

11d.

11e.

RESULT:

WITHDRAWN

Introduce Ordinance 2022-77 concerning an amendment to the Future Land Use

Category from Medium Residential & Commercial (County) to Low Intensity (City), for

property located at 2300 SW 38th Avenue, approximately 34.06 acres. (Case

LUC22-44860)

RESULT:

WITHDRAWN

Introduce Ordinance 2022-78 concerning a rezoning from B-2, Community Business, to

PD, Planned Development, for two parcels (23874-000-16 and 23874-000-17) in the

Heath Brook Planned Development located on SW 46th Court, approximately 2.21 acres

(Case PD21-44375) (Quasi-Judicial)

11f.

Kristen M. Dreyer

Introduced By:

Introduce Ordinance 2022-79 annexing property located at 221 NE 35th Street (Parcel #

15464-005-00) and the parcel (Parcel # 15493-000-00) directly to the north,

approximately 40 acres (Case ANX22-44799) (Quasi-Judicial)

11g.

11h.

James P. Hilty Sr

Introduced By:

Introduce Ordinance 2022-80 amending the Future Land Use Designation from High

Residential (County) to Neighborhood (City) for property located at 221 NE 35th Street

(Parcel # 15464-005-00) and the parcel directly to the north (Parcel # 15493-000-00),

approximately 40 acres (Case LUC22-44800)

Barry Mansfield

Introduced By:

Introduce Ordinance 2022-81 concerning a rezoning from R-3, Multiple-Family

Dwelling (County), to R-3, Multi-Family Residential (City), for property located at 221

NE 35th Street (Parcel # 15464-005-00) and the parcel directly to the north (Parcel #

15493-000-00), approximately 40 acres (ZON22-44801) (Quasi-Judicial).

11i.

11j.

Jay A. Musleh

Introduced By:

Introduce Ordinance 2022-82 concerning a rezoning from M-1, Light Industrial, to M-2,

Medium Industrial, for property located along NW 35th Street approximately 1,000-feet

east of the intersection of NW 27th Avenue (Parcel # 13857-000-00), approximately

29.01 acres (Case ZON22-44851) (Quasi-Judicial).

Barry Mansfield

Introduced By:

12.

13.

Internal Auditor's Report

City Manager's Report

Ocala International Airport Awarded Outstanding Acheivement in Airport Aesthetic Safety and

Service Award

Interim City Manager Pete Lee commented the Ocala International Airport was awarded the

Aesthetic Safety and Service Award by FDOT.

Ocala Main Street Recognition

Interim City Manager Pete Lee congratulated Ocala Main Street on being chosen to host the

2023 State Conference. The conference will generate a lot of tourism downtown.

Sanitation Survey Update

Interim City Manager Pete Lee commented the Sanitation survey is complete. The results

showed the following: 98% residential satisfaction and 95% commercial satisfaction.

Building Department Survey Update

Interim City Manager Pete Lee commented the City launched the Building Department survey

this week, and the survey results will be shared with Council.

Animal Control Services Update

Interim City Manager Pete Lee commented the City will be meeting with the Marion County

Administrator on August 3, 2022, to discuss animal control services. Mr. Lee noted that during

an interim discussion held with the Marion County Administrator, the Administrator suggested

appointing one (1) Marion County Commissioner and one (1) City Council Member to join in

the discussion following the August 3, 2022, meeting,

Council Member Musleh expressed interest in attending the follow up meeting.

City Attorney Search Update

Interim City Manager Pete Lee commented the City retained Colin Baenziger & Associates. The

application deadline was extended to July 29, 2022 (original deadline July 15, 2022). The City

received 16 applications and five (5) interested candidates. The Director of HR/Risk

Management Chris Watt determined five (5) individuals and one firm are viable. The City will

provide candidate information to Council on August 10, 2022, and individual phone calls will be

scheduled with Council to discuss the candidates. At the next City Council meeting scheduled

on August 16, 2022, Council will select candidates to continue in the interview process.

Council Member Mansfield requested clarification regarding the interview process. Director of

HR/Risk Management Chris Watt responded Council will have one-on-one interviews with each

candidate.

14.

Police and Fire Department Report

Police Chief Mike Balken – Public Safety Opioid Response Efforts

Police Chief Balken discussed the public safety Opioid response efforts for July 18, 2022 to July

31, 2022. The Police Departments Opioid response efforts 11, overdose deaths 2, Narcan leave

behind 3 and Amnesty participation 4.

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 9, overdose deaths 1 and Narcan leave

behind 1. For the month of July, 357 people have enrolled in the Opioid Recovery Project and

they had a total of 164 community paramedicine graduates. The Narcan leave behind for the

OD2A Program amounts to 70 participants and trained 35 individuals to administer Narcan. The

Fire Department received 2,249 response calls for the month of July.

15.

Mayor's Report

Mayor Guinn commented on the new firearm training simulator at the Ocala Police Department

Mayor Guinn invited Council to try the new virtual reality firearm training simulator at the

Police Department. He requested Police Chief Balken reach out to Council.

Mayor Guinn commented on the Panhandling Ordinance

Mayor Guinn spoke on the Coral Springs Panhandling Ordinance, which has never been

challenged in court. The ordinance prohibits standing in high traffic areas, and suggested the

City review the ordinance.

16.

17.

City Attorney's Report

Informational Items

Calendaring Items

17a1. City Council Workshop: Proposed FY22/23 Budget - Tuesday, August 23, 2022 - 12pm

Noon - City Council Chambers

17a2. Community Redevelopment Area (CRA) Agency Board Meeting – Tuesday, August 16,

2022 – 3:45pm – City Council Chambers

Comments by Mayor

Mayor Guinn commented on naming the library at the Mary Sue Rich Community Center after

Erin Jackson

Mayor Guinn spoke on naming the library at the Mary Sue Rich Community Center after Erin

Jackson. He noted Ms. Jackson is the first Black woman in history to win an Olympic gold

medal in speed skating and is a great leadership figure to the youth in the community. The

County Commission will consider the library naming at the next meeting.

Comments by Council Members

Council Member Mansfield requested clarification regarding the 200 Club Hearing

Council Member Mansfield requested clarification regarding the 200 Club Hearing. City

Attorney Batsel commented the hearing is scheduled on August 9, 2022, to discuss the appeal of

Council’s denial regarding the rezoning. He will schedule a separate meeting to meet with

Council Member Mansfield before the hearing. Mr. Batsel noted the School Board stated they

will not be participating in the hearing.

Informational

Power Cost Adjustment Report - June 2022

17d1.

17d2.

Monthly Budget to Actual Report as of June 30, 2022 and Capital Improvement Project