110 SE Watula Avenue

Ocala, FL 34471

Ocala

City Council

Minutes

www.ocalafl.org

4:00 PM

Tuesday, March 1, 2022

1. Call to Order

Opening Ceremony

Invocation - Chaplain Sydney Hart

Pledge of Allegiance

Welcome and Roll Call

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

Sandra Wilson, City Attorney Robert Batsel Jr., Assistant City Attorney Patrick Gilligan,

Assistant City Attorney Jimmy Gooding, Assistant City Manager Bill Kauffman,

Assistant City Manager Ken Whitehead, Assistant City Manager Pete Lee, City Clerk

Angel Jacobs, Deputy City Clerk Pamela Omichinski, Fire Chief Clint Welborn, Director

of Electric Utility Doug Peebles, Police Chief Michael Balken, Internal Auditor Randall

Bridgeman, Assistant Finance Director Peter Brill, Growth Management Director Tye

Chighizola, Marketing & Communication Manager Ashley Dobbs, Urban Design

Coordinator Aubrey Hale, Budget Director Tammi Haslam, Contracting Officer Tiffany

Kimball, Director of Facilities & Fleet Management John King, City Engineer &

Director of Water Resources Sean Lanier, Director of Public Works Darren Park,

Director of Telecommunications Mel Poole, Director of Parks & Recreation Preston

Pooser, Strategic & Legislative Affairs Administrator Jeannine Robbins, Director of

Finance Emory Roberts, Director of HR/Risk Management Chris Watt, IT Network

Security Officer Christopher Ramos and other interested parties.

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 March 1, 2022 City Council Regular Meeting was posted on February 15,

2022

Proclamations & Awards

Presentations

Public Comments

Jerry Lourenco, 2350 NW 27th Avenue, commented on the Solid Waste Workshop

Jerry Lourenco, 2350 NW 27th Avenue, commented on the recent Solid Waste Workshop. He

stated his facility, Friends Recycling, has no operation issues related to odor or traffic in the year

it has been operating. He noted he has also run WastePro for eight years with no complaints. He

presented several photos to Council of garbage trucks and commented on the contents of each of

the truck load. He explained one truck picked up a dumpster that should have contained only

cardboard, but it was only 41% cardboard. Another truck, upon return from a recyclables

pickup, contained 37% garbage. Currently, the City Code requires garbage trucks to empty

loads at landfills only. He requested Council amend the City Code to fit the facilities within the

City limits.

Council President Pro Tem Hilty asked Mr. Lourenco if he knows what types of loads trucks are

bringing into his facility. Mr. Lourenco responded they assume all loads are recyclable contents;

however, the loads are often mixed with garbage, and his crew doesn’t know until it’s opened.

He requested Council amend the City Code to allow garbage dumping at this facility.

Council Member Mansfield asked how long the business has been operating in Ocala. Mr.

Lourenco responded he has been there since 2006; the facility has been there since 1986.

Council Member Mansfield asked for clarification what materials his facility accepts. Mr.

Lourenco told him the facility accepts construction and demolition debris, recyclables, cardboard

and yard waste.

Mr. Lourenco expressed frustration regarding his experience working with City staff to get his

Certificate of Occupancy (CO) last year, and a letter he received from the City.

City Attorney Batsel explained the letter sent to Mr. Lourenco approximately a year ago,

regarding the facility’s operations. The Florida Department of Environmental Protection (FDEP)

classifies the facility’s operations as a dirty MRF (Materials Recovery Facility); however, the

City does not allow dirty MRF's in the City. The City issued the CO, with the understanding that

the facility can only operate as a clean MRF for the time being. Mr. Batsel asked Mr. Lourenco

to verify he is now asking for the City to update the Code to allow his facility to operate as a

dirty MRF.

Mr. Lourenco discussed how he felt the City was blackmailing him and withholding the

facility’s CO. He noted there is not one operating facility that meets the City Code of a

Recycling Center.

City Attorney Batsel explained Friends Recycling has two separate layers of regulation; the

State-level FDEP regulations, and those of the City of Ocala’s zoning code. Council has the

authority to modify the Zoning Code.

Council Member Dreyer commented Mr. Lourenco is unaware of a trucks’ true contents until the

load is dumped for processing of recyclables. Mr. Lourenco agreed and explained how the loads

received are contaminated and the process they would need to follow to remain compliant with

City Code.

Mayor Guinn asked if the current operations violate the Zoning Code. City Attorney Batsel

responded yes.

Mayor Guinn questioned why Code Enforcement has not issued any violations. He suggested the

ordinance be modified to fit the facility operations or shut them all down.

City manager Sandra Wilson asked Assistant City Manager Pete Lee to elaborate on this matter.

Mr. Lee stated staff understood what they were permitting. He explained the recycling

discussion held with Mr. Lourenco, and noted Mr. Lourenco was permitted for a Recycling

Center, with staff understanding there would be some level of contamination. He provided

several examples of ordinance violations to Council.

Council Member Dreyer questioned how garbage from a recycling bin is treated differently from

a non-recycling bin. Mr. Lee explained the difference is the intent; a recycling bin is intended to

contain recycling; a garbage bin is not. Council Member Dreyer interjected there is a lot of

garbage contamination in recycle bins. Mr. Lee agreed and commented a need for more

community education. To note, the recyclables service offered by Friends Recycling is very

important to the community. Mr. Lee added there have been no Code Enforcement complaints

because no one is witnessing Friends Recycling picking up garbage bins; the company is picking

up recycling containers.

Council President Bethea stated he does not favor changing the Zoning Code to benefit Mr.

Lourenco's business, and questioned why the matter keeps coming back before Council.

Council Member Dreyer expressed concern only having one company for garbage collection.

The City could save $250,000 a year, if companies like Friends Recycling were allowed to

remove recyclables from garbage collection within the City and send the remaining garbage to

the landfill.

Council President Bethea disagrees with Council Member Dreyer. He noted garbage collection

does not benefit the people who live in the community. He explained the difference between

recyclables and garbage collection. The area is undergoing residential development, which

would be negatively impacted by garbage collection.

Council Member Dreyer disagrees with Council President Bethea. She noted the garbage does

not stay at the facility.

Mr. Lourenco commented the City expanded the C&D landfill. Amending the City Code to

allow garbage sorting at their facility, is in the best interest of the City. He explained how the

population is growing and development is occurring around the City.

City Attorney Batsel clarified Mr. Lourenco is not requesting to modify the use of the landfill

area.

Council President Bethea asked where the water goes that washes the sorting deck. Mr.

Lourenco responded the City sewer.

Council Member Dreyer made a motion for City staff to add recovery facility to the City Code.

Council Member Musleh commented the motion is too vague and suggested staff be instructed

to draft an ordinance to present to City Council.

City Manager Sandra Wilson commented City staff will present several options to Council.

Council Member Dreyer withdrew her motion.

Glenn Fiorello, 838 SE 3rd Street, thanked City Manager Sandra Wilson and Assistant City

Manager Pete Lee for the wonderful round table discussion for builders in the City

Glenn Fiorello, 838 SE 3rd Street, thanked City Manager Sandra Wilson and Assistant City

Manager Pete Lee for the wonderful round table discussion for builders in the City. He shared

insight regarding a builder’s mindset when developing properties in the City. He encouraged the

City to create a strong business relationship with the building community.

Council President Bethea commented the City is working hard to bring organizations together to

create better success in the future.

Public Hearings

Approve a Concurrency Development Agreement between the City of Ocala and Country

Green, LLP for property located at the 5300 block of SW 20th Street (Parcel #

23320-005-03/Country Green PD) (CDA21-44612). This is the second of two public

hearings. The first public hearing was held on January 4, 2022. Postponed from the

January 18, 2022, March 1, 2022 and March 15, 2022 City Council Meetings.

Council postponed discussion of the item until the next City Council meeting scheduled

on March 15, 2022.

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

RESULT:

POSTPONED

MOVER:

Jay A. Musleh

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve a Concurrency Development Agreement between the City of Ocala, W.G. One

Corp, and Country Green, LLP for property located in the 4300 block of SW 20th Street

(Parcels # 23320-005-25 and 23812-000-00/Wintergreen PD) (CDA21-44613). This is

the second of two public hearings. The first public hearing was held on January 4, 2022.

Postponed from the January 18, 2022, March 1, 2022 and March 15, 2022 City Council

Meetings.

Council postponed discussion of the item until the next City Council meeting scheduled

on March 15, 2022.

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

RESULT:

POSTPONED

MOVER:

James P. Hilty Sr

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve a Chapter 163 Development Agreement for approximately 26.63 acres of

property located on the east side of SW 43rd Court in the 3600 block (across from

Saddlewood Elementary) (DMA22-44686). This is the second of two public hearings.

The first public hearing was held on March 1, 2022. Postponed from the March 15, 2022

City Council Meeting.

Council President Bethea opened the public hearing.

Growth Management Director Tye Chighizola discussed the Chapter 163 Development

Agreement for a rezoning to R-3. The City will host two public hearings to discuss the

item. The Chapter 163 agreement focuses on traffic; it will require a traffic study to be

performed. If the roadway is not constructed, or there is no capacity, development of the

property will be restricted. Council will be able to take action on the item at the next City

Council meeting scheduled on March 15, 2022.

Kimberly Sindy, 4572 SW 44th Court, spoke in opposition of the proposed development

project. She expressed concern regarding traffic impacts, overcrowded schools and

negative property value impacts. She suggested the City focus on building schools to

address the overcrowding issues.

Donna Rodriguez, 4064 SW 50th Road, spoke in opposition of the proposed

development project. She expressed concern regarding traffic impacts, overcrowded

schools and negative property value impacts. She explained the residents of Fore Ranch

are responsible for maintaining the vegetation and private facilities in the area.

Cynthia Genero, 4585 SW 44th Street, spoke in opposition of the proposed development

project. She expressed concern regarding traffic impacts, overcrowded schools and

negative property value impacts. She questioned why the residents pay numerous

amounts of tax monies to the City but have no public sidewalks.

Lauren Sovino, 4560 SW 44th Street, spoke in opposition of the proposed development

project. She concurs with Ms. Genero regarding the developments negative impact on the

community. She expressed concern regarding traffic impacts, overcrowded schools, loss

of privacy, wildlife impacts, increased pollution and increased crime. She encouraged

Council to use the available space to build more schools and parks for the community.

Rock Gibboney, 597 NE 45th Terrace, spoke in opposition of the proposed development

project. He explained how property owners are not allowed to develop whatever they

please. He anticipates the in-field development design will negatively impact the

residents in the community.

Mr. Chighizola commented City staff will present a map of all the proposed

developments at the next City Council meeting.

Second and Final Reading of Ordinances

(All are Public Hearings)

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)

Jay A. Musleh

Introduced By:

Growth Management Director Tye Chighizola commented Council approved the Chapter

163 Development Agreement at the City Council meeting scheduled on February 15,

2022, contingent on zoning approval. The policy was amended to allow multi-family;

however, not increase the number of trips. The applicant was provided the following

options: PD zoning or the Chapter 163 Development Agreement for a rezoning to R-3,

the latter of which the applicant chose.

Chris Roper, 420 South Orange Avenue, Orlando, FL 32801, stated he is representing the

applicant. He submitted a binder into evidence for Council to review. The staff reports

conclude the project is in compliance with the City Code and compatible with the

adjacent properties.

Steph Mahoney, 2419 SE 21st Street, spoke in opposition of the proposed request. She

expressed concern regarding traffic impacts and overcrowded schools. She questioned

why another developer applied for an alcohol license near a subdivision. Furthermore,

she requested Council deny the rezoning request.

Lou Molhan, 2410 SE 18th Circle, spoke in opposition of the proposed zoning change.

He expressed concern regarding traffic impacts, overcrowded schools, increased crime

and increased noise. He favors single-family homes over 3-story homes; and requested

Council maintain R-1 zoning in the community.

Debra Griffin, 2415 SE 23rd Street, spoke in opposition of the proposed zoning change.

She presented several pictures of the community. She expressed concern regarding traffic

impacts, overcrowded schools, increased crime and loss of privacy. She noted the

proposed zoning is not compatible with the existing homes and businesses in the area.

She questioned why Council Member Mansfield did not recuse himself, considering

Cullison-Wright Construction is owned by his father in-law. Furthermore, she requested

Council deny the rezoning request to protect the residents in the community.

Council Member Mansfield explained how Cullison-Wright Construction was only

involved in one 7-11 project, which was a bid project and not in the area. He also noted

the 7-11 item to which Ms. Griffin referred was presented to Council prior to his term

beginning.

Fred Bolser, 899 Drakewood Ave., The Villages, spoke on behalf of Woodland Village

residentEmily Nutter, 2420 SE 23rd St, who opposes the proposed zoning change. He

anticipates changing the zoning will cause problems in the future. He suggested building

180 single-family homes. He explained how the proposed development impacts Ms.

Nutter's privacy, as she is an adjacent property owner.

Michael Lay, 2309 SE 18th Circle, spoke in opposition of the proposed request. He

expressed concern regarding traffic impacts. He noted R-1 zoning is compatible with the

surrounding area. He requested Council deny the rezoning request to protect the residents

in the community.

Cathy Calvaler, 2315 SE 18th Circle, discussed the existing intersection issue. She

invited Council to drive to the intersection, which is the neighborhood exit. She noted

there is no infrastructure in place for the proposed developments or traffic impacts.

Furthermore, she does not support developers looking for an opportunity to maximize

their profits.

Sherry Smith, 2336 SE 18th Circle, spoke in opposition of the proposed request. She

requested Council maintain the R-1 zoning in the community. She discussed how

developers are taking away the American dream of homeownership by buying

single-family homes, to develop apartment buildings.

Jim Tingler, 2402 SE 23rd Place, requested Council thoroughly evaluate the

developments impact on the community.

Elina Garess, 2316 SE 19th Circle, expressed concern regarding increased crime and

traffic impacts. She explained the existing traffic impacts will increase with the

development project. She questioned why there are many gas stations and car washes in

the City. Furthermore, she will move to another city if the development is approved.

Lawren Moody, 506 SE 17th Avenue, stated he is representing his family’s interest

regarding the property located at 2301 SE 26th Street, which is adjacent to the subject

property. He noted there is no access road to the property and the existing easement does

not support the proposed use. He asked Council how they can proceed forward with an

application missing entitled access.

Ken Nato, 2421 SE 18th Circle, spoke in opposition of the proposed request. He is

speaking on behalf of 180 families. The proposal is disrupting homeownership for

residents in the community. The zoning change to R-3 is not compatible with existing

R-1 zoning in the area. Furthermore, R-1 zoning supports local businesses and

encourages homeownership. He suggested Council address the existing traffic issues

before approving development projects.

Mr. Roper addressed concerns expressed by residents. He explained the traffic study was

reviewed by the City and approved by the County. The traffic improvements consist of

drainage and sidewalks. The applicant will pay 100% of the cost for the Fluid Routing

intersection. The development projects traffic will be directed to the Wawa intersection,

which will undergo improvements.

He explained how the property was never zoned R-1 and the existing access easement on

Mr. Moody's property. To note, the proposed project is consistent with future land use of

Low Intensity. He discussed how there is a great need for housing in the community. A

change was made to the Chapter 163 Development Agreement, which eliminates the City

from responsibility of the easement. The proposed project has been thoroughly reviewed

by the City for over a year.

City Attorney Batsel explained the access to the property has been addressed in the

Chapter 163 Development Agreement. If sufficiency of the easement does not allow a

two-lane road, the CO for the property will not move forward.

Council Member Musleh questioned if easement disputes will take several years in the

court system. City Attorney Batsel responded that could be correct.

Mayor Guinn shared his Council experience approving Deerwood several years ago.

Council Member Hilty stated he reviewed the County CIS map and several development

projects approved by the County. He expressed concern regarding traffic impacts and

suggested directing traffic to the Fluid Routing intersection. Furthermore, he favors R-1

zoning in the area.

Mr. Roper commented the traffic study determined there is ample road capacity on

Maricamp. He explained how there are many opportunities for the public to make

necessary U-turns on the roadway.

Council Member Hilty stated R-3 zoning is not compatible in the area.

Council Member Musleh explained how several issues are being combined into one

major problem. He noted R-3 zoning is very compatible in the area. The equivalent trips

for 180 single-family residential homes, equals 320 apartments.

Mayor Guinn noted the traffic is horrendous in the area.

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

RESULT:

MOVER:

ADOPTED

Jay A. Musleh

SECONDER: James P. Hilty Sr

AYE:

NAY:

Dreyer, Mansfield, Musleh, and Bethea

Hilty Sr

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.

James P. Hilty Sr

Introduced By:

Director of Human Resources & Risk Management Chris Watt discussed the adoption of

Ordinance 2022-20 to adjust the General Employees' Retirement System investment

assumption rate. City Staff and the General Employees’ Retirement Board recommend

lowering the Investment Assumption Rate from 7% to 6.5%, over five years, at 10 basis

points each year starting October 1, 2022.

Council Member Musleh commented the change does not impact the employees;

however, the City will pay an increased pension cost.

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

RESULT:

MOVER:

ADOPTED

James P. Hilty Sr

SECONDER: Barry Mansfield

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

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.

Kristen M. Dreyer

Introduced By:

Growth Management Director Tye Chighizola commented the rezoning will allow

construction/farm equipment sales as a special exception in M-1 zoning. If Council

approves the request, the Board of Adjustment will review the proposal on March 21,

2022. To note, staff recommends approval.

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

RESULT:

MOVER:

ADOPTED

Kristen M. Dreyer

SECONDER: Barry Mansfield

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

General Business

Discussion and vote on changing the City Attorney position from an outside counsel

position to an in-house employee position reporting to the City Council as discussed in

the City Attorney workshop held on January 25, 2022.

City Manager Sandra Wilson thanked the Attorney's Office for their services. She noted

some of the discussion points in the presentation were taken out of context and

apologized for any misunderstanding. To note, the City expressed concern regarding the

firm’s invoices. She requested feedback from Council regarding legal services for the

City. The City recommends Council consider in-house counsel for the City Attorney

Position, noting that the position of City Attorney would continue to report to City

Council, as well as be appointed by City Council.

City Attorney Batsel explained how their firm wants to help the City transition and

remedy any miscommunication. He noted he had reached out to City staff and City

Manager Sandra Wilson prior to the January 25th workshop and had asked if he can

provide information, or if anything was being presented, to which he was told no. The

contents of the PowerPoint presentation were never discussed with the firm. He

described a meeting with City Manager Wilson and HR/Risk Director Chris Watt, in

which he learned of a survey sent to City staff, and during which was presented with a

memo commissioned in February 2021 by the City Manager’s Office drafted by a staff

member to determine if the firms’ practices/billing were appropriate and if that staff

member could perform the City Attorney's job. He offered his firm’s support to help the

City make a smooth transition and encouraged the City to communicate with the City

Attorney's Office.

Assistant City Attorney Gilligan stated that he is scheduled to speak later on in the

agenda; however, he is requesting more than 3 minutes to speak now. Council President

Bethea requested he speak during the agenda item.

Council Member Musleh requested Assistant City Attorney Gilligan speak now. To note,

he does favor an in-house City Attorney.

Ethics Allegation

16b.

Assistant City Attorney Gilligan discussed how the firm's character was slandered with

untrue allegations of unethical behavior during a City workshop. The firm is very

unsettled by damages caused by the false/defamatory statements made by the City. He

explained how the issue started with City Manager Sandra Wilson requesting a City

employee within the Purchasing Department critique the firm. The critique report created

by the employee was copied verbatim into the PowerPoint presentation. To note, parts of

the PowerPoint presentation ended up in the newspaper.

The firm does not perform duplicate billing, which is an illegal practice and can result in

the firm’s licensed attorney's being disbarred. The firm performs ethical billing practices.

During the 30-years of service, previous City Managers have never questioned the

integrity of the firm’s billing practices, which are public record. He expressed

disappointment the firm ended up in the newspaper regarding unethical acts. He

discussed how the firm spent several years building its reputation by following ethical

practices.

Mr. Gilligan spoke about damage to the reputation of the firm’s paralegals and other staff

by association with firm. He questioned why the City Manager never reported an

accusation of unethical conduct received a year ago, and how a PowerPoint presentation

ended up in the newspaper. He explained the firms ethical billing practices. The

PowerPoint presentation was defamatory and damaged the firms long standing

reputation. Furthermore, he supports the City's decision of seeking Mr. Minter’s opinion

for in-house counsel, if that is the direction Council would prefer to go. During his legal

career, securing the City of Ocala as a client, was one of his greatest accomplishments.

City Attorney Batsel explained a clause the firm includes in agreements for

representation. The firm never fails to mention to their private clients that they represent

the City, first and foremost, and noted they have lost clients due to the clause. He is

concerned about the damage to their reputation caused by the newspaper article. He

explained the disclosure/consent process for contractors. The firm has never done

anything unethical and the notion of "favoring developers" is false.

Assistant City Attorney Gooding stated he supports the City choosing to establish

in-house counsel. He explained the changing nature of legal practice and the pros/cons of

in-house counsel. He anticipates the City will experience challenges finding in-house

counsel with an expertise in all areas and local to Ocala. He suggested Council

thoroughly review the pros and cons of in-house counsel. The firm will continue to help

the City make a smooth transition.

Mary Sue Rich, 1802 NW 24th Court, expressed the importance of being transparent.

She expressed concern regarding in-house counsel's limited knowledge. She requested

Council continue to utilize the professional services offered by the Batsel, Gilligan and

Gooding law firm. To note, the firm has saved the City lots of money. She suggested

Council schedule another workshop and involve all the attorneys.

Mayor Guinn shared his great experience working with the law firm over the years. He

explained the importance of reporting suspected unethical behavior immediately. To

note, the firm did not commit unethical behavior. He expressed disappointment regarding

the newspaper article’s false context. He agrees with Ms. Rich; the City should continue

with outside counsel, which greatly benefits the City.

Council Member Mansfield stated it makes more sense to have an in-house attorney.

City Attorney Batsel explained in-house counsel operations. The goal is to help the City

make a smooth transition based on the decision they make.

Council Member Dreyer agrees an in-house Attorney is more appropriate. She expressed

disappointment regarding the PowerPoint presentation. She asked Ms. Wilson why the

suspected unethical behavior was not immediately reported. Ms. Wilson explained the

intent of the assignment was not to perform an assessment of the City Attorney. The plan

was to use the report to determine which tasks the City can perform in-house.

City Attorney Batsel discussed how the Contracts & Procurement Department plays a

huge role in decreasing the legal bill for the City. The firm created form contracts for the

department to utilize and decrease tasks sent to the firm, which resulted in City cost

savings. He disagrees with Ms. Wilson's comments; he believes the memo was created to

investigate billing practices.

Ms. Wilson commented the intent was not to investigate billing practices; the goal was to

identify tasks the City can perform in-house. The independent survey determined City

staff does not agree with the firm’s billing.

City Attorney Batsel commented he will provide Council with the survey and memo

evidence. He requested Council provide feedback regarding the urgent matter.

Council Member Dreyer expressed concern regarding the accusations presented in the

PowerPoint. She thanked Assistant City Attorney Gilligan for speaking tonight and

defending his law firm. She expressed great disappointment regarding the lack of

transparency from the City. To note, she looks forward to reviewing the memo.

Council President Pro Tem Hilty explained his comments regarding conflict of interest

were not allegations against the firm. He favors establishing in-house counsel and

understands the challenges of finding talented individuals. Furthermore, he suggested the

item be postponed, to allow Council time to review the memo.

Council Member Musleh agrees the City should establish in-house counsel. He thanked

the firm for greatly supporting the City over the years. He requested more information

regarding the pros/cons of in-house/out-house counsel. To note, the City contract with

the firm ends in October 2022. He suggested the item be postponed for further

discussion.

City Manager Wilson suggested discussing the matter at the upcoming Strategic Planning

Session.

Council Members Hilty and Musleh suggested the City schedule a separate meeting to

discuss the matter.

Council Member Hilty requested clarification on the billing practices between the

now-separated law firms, citing an example of Mr. Gilligan conferring with Mr. Gooding

about a hypothetical land use development. Assistant City Attorney Gilligan explained

he has not been charged by Assistant City Attorney Gooding for legal work for that type

of work. He explained the legal billing rates to Council and noted the City has a blended

rate. Furthermore, shared the law firm’s growth plans for the future.

Assistant City Attorney Gooding stated after October 31, 2022, Assistant City Attorney

Gilligan will not be able to contact him for advice regarding land use matters; he cannot

provide advice regarding non-client matters. He suggested the City seek hiring special

attorneys. The firm encourages the City to seek the best representation possible.

President Bethea thanked Mr. Batsel, Mr. Gilligan and Mr. Gooding for their services.

He requested Ms. Wilson schedule a workshop to discuss the matter.

Council Member Musleh requested the City create a presentation that shows how to

establish in-house/out-house counsel.

Approve a contract and addendum to purchase six parcels in Downtown Ocala owned by

Mt. Moriah Church for a future parking garage in the amount of $1,765,000. Tabled

from February 1, 2022, City Council Meeting.

Council Member Mansfield asked how the City will proceed if the northwest parcel is

not obtained. Furthermore, he questioned if the parking garage will fit in the area.

Assistant City Manager Pete Lee responded the City is awaiting acceptance of the

proposal sent to the property owner. He stated the parking garage will fit on the parcel.

Council Member Mansfield asked if the City met with a local builder. Mr. Lee responded

not at this time.

Council Member Mansfield questioned how the City will design the parking garage if the

City does not receive the adjacent parcel.

City Attorney Batsel advised the agreement includes a 90-day clause to protect the City.

Glenn Fiorello, 838 SE 3rd Street, stated he opposes taxpayers paying for the parking

garage project. He believes the parking garage expense is a private sector function, not a

government function. He estimated the garage project will cost taxpayers $15 million. He

asked if the Chamber& Economic Partnership(CEP) is funded by taxpayers. Mayor

Guinn responded the CEP is funded by the City and County.

Mr. Fiorello requested Council postpone discussion and focus on other urgent matters.

He believes the private sector should be responsible for funding the garage project.

Mr. Lee anticipates there will be great interest from the private sector to build the garage.

The City will continue to have discussions around the project’s development.

Growth Management Director Tye Chighizola commented the addendum will extend the

closing to 60-days (June 1, 2022). To note, 90 parking spaces will be dedicated to the

private sector. If the garage is built, the City will be able to sell Lots 7 and 9, which will

offset the purchase cost. Furthermore, the Church has been actively contacting the City

about selling their lot.

Chris Arroyo, 4716 SE 31st Street, Ocala, FL, supports the proposed parking garage

project. He thanked Council for taking more of an active role in meeting the

transportation needs of citizens. Furthermore, he believes the private sector is not

interested in prioritizing the needs of the public at this time.

Regis Boatwright, 2100 SW 5th Place, requested Council support placing a monument in

remembrance of Mt. Moriah Church. The church is historic to the community and was

established 155-years ago.

Mayor Guinn shared his experience with his past childhood church.

There being no further 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 with HDR Engineering, Inc., to prepare the 10-year Transit

Development Plan (TDP) for SunTran not to exceed $230,000

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

Adopt Resolution 2022-24 authorizing Truist Bank to complete the funding of a

drawdown loan in an amount not to exceed $60,000,000

Council President Pro Tem Hilty asked if the City would be charged interest for the

drawdowns. Director of Finance Emory Roberts responded the City will be charged a

variable interest rate until July 1, 2022. The City has an extension in place to go beyond

October 1, 2022; however, the interest rate will increase. He suggested the City lock-in a

fixed rate as soon as possible.

Council President Pro Tem Hilty asked what rate he recommends. Mr. Roberts

responded 3% is the going rate, he anticipates the rates will increase. The variable rate

will remain in place until the City selects a fixed rate. The City has the option to pay off

the loan sooner (within five years).

Mayor Guinn asked if the City is locked into doing business with Truist Bank. Mr.

Roberts explained the City sought professional advice from Dunlap & Associates. The

quotes were submitted to 24 banks; only two banks responded (JP Morgan and Truist

Bank). The Truist Bank structure will allow the City to secure a lower interest rate

compared to JP Morgan.

Mayor Guinn suggested the City submit a quote to Goldman Sachs. He believes the City

could save $2 million on interest through Goldman Sachs.

Mr. Roberts noted he will verify if Goldman Sachs was on the list.

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

RESULT:

MOVER:

ADOPTED

James P. Hilty Sr

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Adopt Budget Resolution 2022-131 amending the Fiscal Year 2021-2022 Budget to

accept and appropriate funding for the City of Ocala’s HOME Investment Partnership

Program grant in the amount of $407,420

There being no discussion the motion carried by roll call vote

RESULT:

MOVER:

ADOPTED

James P. Hilty Sr

SECONDER: Jay A. Musleh

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Adopt Budget Resolution 2022-132 amending the Fiscal Year 2021-2022 budget to

accept and appropriate funding for the City of Ocala’s Home Investment Partnership

Program in the amount of $270,000

There being no discussion the motion carried by roll call vote

RESULT:

MOVER:

ADOPTED

Jay A. Musleh

SECONDER: Barry Mansfield

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve one-year contract with Lewis Steel Works, Inc. for front load steel containers in

the amount of $185,000

Council President Pro Tem Hilty asked why a local bidder was not chosen. Director of

Public Works Darren Park responded the City did not receive a bid from a local vendor

that constructs dumpsters. The City encourages local businesses to participate and all

bids are publicly noticed to the public.

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

RESULT:

APPROVED

MOVER:

James P. Hilty Sr

SECONDER: Barry Mansfield

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve the purchase of a SWAT supply vehicle from MBF Industries, Inc. for the

Ocala Police Department in the amount of $204,610

Council President Pro Tem Hilty asked if the City is replacing an older vehicle model.

Police Chief Balken responded yes, the department is replacing the 19-year old

ambulance.

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

RESULT:

MOVER:

APPROVED

Kristen M. Dreyer

SECONDER: Jay A. Musleh

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve Interlocal Agreement with the Marion County Board of County Commissioners

for the administration and expenditure of opioid settlement funds

City Attorney Batsel congratulated staff on their hard work.

Council President Bethea requested clarification on the funding. City Attorney Batsel

explained the Opioid litigation taking place. The State Attorney General negotiated

settlement terms for funding to the City and County. The City and County must work

together in a partnership agreement for funding.

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

RESULT:

APPROVED

MOVER:

Kristen M. Dreyer

SECONDER: Barry Mansfield

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approve two-year contract with Southern Lawn Care Mid Florida, Inc. for Fire Rescue

grounds maintenance with an estimated expenditure of $109,140

There being no discussion the motion carried by roll call vote

RESULT:

MOVER:

APPROVED

Jay A. Musleh

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

Approved appointment of Steve Forrest and Matt Leibfried as Regular Members and

Michael Kroitor as Alternate to the Municipal Code Enforcement Board by ballot vote

Council was provided ballot slips to vote for two Regular Members from four applicants

to the Municipal Code Enforcement Board. City Clerk Angel Jacobs announced Council

appointed Steve Forrest and Matt Leibfried as Regular Members. Council was provided

ballot slips to vote for one Alternate Member to the board from the two remaining

applicants. Michael Kroitor was appointed as Alternate to the Municipal Code

Enforcement Board.

Approved appointment of Kevin Lopez and Brent Malever to three-year terms ending

March 1, 2025 to the Planning and Zoning Commission by ballot vote

Council was provided ballots to vote for two members from three applicants. City Clerk

Angel Jacobs announced Council appointed Kevin Lopez and Brent Malever to the

Planning & Zoning Commission.

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.

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

RESULT:

APPROVED THE CONSENT AGENDA

MOVER:

Jay A. Musleh

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

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. Tabled from the February 1, 2022 City Council

Meeting

Approve three-year contract with Aquasol Commercial Chemical, Inc. d/b/a Poolsure, to

supply and deliver pool chemicals for the City’s pools in the amount of $78,077

See item 10

Approve the proposed Fence and Roadway Encroachment Agreement with Richard B.

Van Eldik and Siglinda M. Van Eldik regarding Marion County parcel #2898-000-00

Adopt Resolution 2022-25 to designate Marion Cultural Alliance (MCA) as a Local Arts

Agency (LAA) of the City of Ocala

Approve reappointments of Anthony Ortiz and Doug Peebles to the General Employees

Retirement System Board of Trustees for new three-year terms ending March 1, 2025

Approve appointment of Arnold Hersh to the General Employees Retirement System

Board of Trustees unexpired three-year term ending March 1, 2024

Approve reappointment of Phil Howell to the Tree Commission for a new four-year term

ending March 1, 2026

Approve reappointment of James Hartley and Dustin Magamoll to the Board of

Adjustment for new four-year terms ending March 1, 2026

Approve reappointment of Shari Ausley and Michelle Partin to the Ocala Historic

Preservation Advisory Board for new three-year terms ending March 1, 2025

Approve City Council Work Session Minutes for Tuesday, February 8, 2022

Approve Regular Meeting City Council Minutes for Tuesday, February 15, 2022

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.

Approve an amendment to Mark's Prime Steakhouse Valet parking lot location

9c.

Growth Management Director Tye Chighizola explained Mark's Prime Steakhouse

previously utilized the old Gause lot for valet parking, until the property recently sold.

The applicant is requesting approval to relocate the parking of vehicles from the old

Gause lot to the Big Wig, LLC lot.

Council Member Hilty noted the applicant has been violating the contingency agreement

for years, by parking “VIP” vehicles along Broadway, and requested the City enforce

violations. Mr. Chighizola explained the City is working with the applicant to enforce

zoning compliance. To note, the City does follow-up on all reported complaints.

Council Member Hilty stated the valet permission should be removed for continuous

violations.

City Manager Sandra Wilson commented the City will enforce stronger enforcement

action for parking along Broadway.

Council Member Hilty noted parking is very scarce in the area.

Mr. Chighizola expressed concern the chosen lot is too small for valet parking.

Council Member Musleh requested an update on the valet license. Mr. Chighizola

responded the valet license is active and changes require Council approve. To note, the

business was not operating during the COVID pandemic.

Mayor Guinn asked why the business parks vehicles along Broadway. Mr. Chighizola

responded the vehicles were parked along Broadway initially due to COVID issues. The

business can park cars in front of the business for fifteen minutes. Furthermore, the City

is monitoring the new license for the parking garage. He asked if Council would like the

applicant to speak before Council.

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

RESULT:

MOVER:

APPROVED

Jay A. Musleh

SECONDER: Kristen M. Dreyer

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

11.

Introduction and First Reading of Ordinances

(Second and Final Reading - March 15, 2022)

Adopt Ordinance 2022-22 to amend and add ordinances under Chapter 70 Article I. In

General, Section 70-39, 70-51, and 70-59 in accordance with new Environmental

Protection Agency rules.

James P. Hilty Sr

INTRODUCED

James P. Hilty Sr

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-23 to amend the Future Land Use designation from Employment

Center (County) and Commercial (County) to Employment Center (City) for property

located north of the curve where NW 40th Avenue transitions easterly to NW Third

Street, approximately 71.58 acres. (Parcels #22844-002-00 and 22844-002-03) (Case

LUC21-44528)

Kristen M. Dreyer

INTRODUCED

Kristen M. Dreyer

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-24 to rezone certain property from A-1, General Agriculture,

M-1, Light Industrial and R-E, Residential Estate (County), to M-2, Medium Industrial

(City), located north of the curve where NW 40th Avenue transitions easterly to NW

Third Street, approximately 71.58 acres. (Parcels #22844-002-00 and 22844-002-03)

(Case ZON21-44529) (Quasi-Judicial)

Kristen M. Dreyer

INTRODUCED

Kristen M. Dreyer

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-25 for a zoning change to R-3, Multi-family Residential, for

approximately 15 acres of property located on the east side of SW 43rd Court in the 3600

block (across from Saddlewood Elementary) (Case ZON22-44645) (Quasi-Judicial).

Postponed from the March 15, 2022 City Council Meeting.

Barry Mansfield

INTRODUCED

Barry Mansfield

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-26 for a zoning change from INST, Institutional, to RO,

Residential Office, for approximately 0.34 acres of property located at 819 NE 10th

Street (Case ZON22-44635) (Quasi-Judicial).

Jay A. Musleh

INTRODUCED

Jay A. Musleh

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-27 for a zoning change from B-1, Neighborhood Business, to

M-2, Medium Industrial, for approximately 6.47 acres of property located between SW

44th Avenue and SW 46th Avenue in the 400 block (420 SW 44th Avenue) (Case

ZON22-44636) (Quasi-Judicial)

James P. Hilty Sr

INTRODUCED

James P. Hilty Sr

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-28 to annex approximately 9.23 acres located between SW 44th

Avenue and SW 46th Avenue in the 400 block (430 SW 44th Avenue) (Case

ANX22-44640).

Barry Mansfield

INTRODUCED

Barry Mansfield

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-29 for an amendment to the Future Land Use Designation from

Commerce District (County) to Employment Center (City), for approximately 9.23 acres

of property located between SW 44th Avenue and SW 46th Avenue in the 400 block

(430 SW 44th Avenue) (Cases LUC22-44643).

Jay A. Musleh

INTRODUCED

Jay A. Musleh

Introduced By:

RESULT:

MOVER:

Adopt Ordinance 2022-30 for a rezoning from A-1 General Agriculture (County), to

M-2, Medium Industrial (City), for approximately 9.23 acres of property located between

SW 44th Avenue and SW 46th Avenue in the 400 block (430 SW 44th Avenue) (Cases

ZON22-44642) (Quasi-Judicial).

Barry Mansfield

INTRODUCED

Barry Mansfield

Introduced By:

RESULT:

MOVER:

12.

13.

Internal Auditor's Report

City Manager's Report

City Manager Sandra Wilson requested a CRA meeting for March 15, 2022, at 3:45 pm

Ms. Wilson commented on the FMEA Lineman Rodeo

City Manager Sandra Wilson congratulated City employees who participated in the FMEA

Lineman Rodeo event. To note, the City received two trophies.

Ms. Wilson noted the Strategic Planning meeting is scheduled on March 22, 2022

City Manager Sandra Wilson provide Council with a copy of the City Business Plan for Council

to review, before the Strategic Planning meeting scheduled on March 22, 2022.

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 February 14, 2022 to

February 27, 2022. The Police Departments Opioid response efforts 6, overdose deaths 0,

Narcan leave behind 5 and Amnesty participation 4. The Police Department arrested 16

individuals for trafficking narcotics/weapons. The investigation recovered 8 firearms, 36 pounds

of crystal-meth, 3 pounds of MDMA, cannabis, fentanyl and heroin.

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 10, overdose deaths 0 and Narcan leave

behind 0. For the month of February, 337 people have enrolled in the Opioid Recovery Project

and they had a total of 135 community paramedicine graduates. The Narcan leave behind for the

OD2A Program amounts to 65 participants and trained 47 individuals to administer Narcan.

15.

Mayor's Report

Mayor Guinn commented the Olympian athletes will return home on March 25, 2022 to March

27, 2022

16.

City Attorney's Report

Approve settlement payment of $60,000 to William and Janelle Marin

City Attorney Batsel reported Council was provided with a settlement memo/agreement.

The City was at-fault for the traffic incident, which they recommend Council approve the

settlement presented.

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

Mr. Batsel commented the litigation initiated by Carlton Arms was voluntarily

dismissed. He will report back to Council with the bond validation

RESULT:

APPROVED

MOVER:

Jay A. Musleh

SECONDER: Barry Mansfield

AYE:

Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea

See Item 8

17.

Informational Items

a. Calendaring Items

Strategic Planning Session - Tuesday, March 22, 2022, 8:30am - 12pm - Hilton Garden Inn

Ocala Downtown

Comments by Mayor

Mayor Guinn requested an update regarding Ambelside School

Mayor Guinn requested an update regarding Ambleside School. Growth Management Director

Tye Chighizola explained the applicant is making the necessary upgrades to use the second

floor. Furthermore, the applicant received a grant from the County to help cover the construction

expenses.

Mayor Guinn expressed concern the applicant is violating the agreement. Mr. Chighizola

explained how the change of occupancy use requires necessary upgrades to be in compliance

with the Building Code. Currently, the building is not in compliance with the ADA (Americans

with Disabilities Act) or Fire Code.

Mayor Guinn asked why the upgrades were not needed when the City occupied the building. Mr.

Chighizola responded the City was in continuous use of the building prior to many regulations

coming into effect. He noted the State provided feedback on the matter as well.

Mayor Guinn questioned why $300,000 needs to be spent to upgrade the building. Council

Member Musleh explained the new owners of the building must bring the building up to code

with ADA and Fire Code.

Comments by Council Members

Council Member Dreyer commented on the FMEA Lineman Rodeo competition

Council Member Dreyer thanked Task Force 8 for their service and congratulated City staff for

attending the FMEA Lineman Rodeo competition.

Informational

Monthly Budget to Actual Report as of January 31, 2022 and Capital

Improvement Project Status Report

Executed Contracts under $50,000

Power Cost Adjustment Report - January 2022

18.

Adjournment

Adjourned at 8:34 p.m.

Minutes

_______________________________

Ire Bethea Sr.

________________________________

Angel B. Jacobs

Council President

City Clerk