City Council

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.org Minutes Tuesday, October 18, 2022 4:00 PM 1. Call to Order a. Opening Ceremony 1. Invocation - Chaplain Gene Kenney 2. Pledge of Allegiance b. Welcome and Roll Call Present: Mayor Reuben Kent Guinn 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 City Manager Peter Lee, City Attorney Robert Batsel Jr., City Attorney William Sexton, Assistant City Manager Ken Whitehead, 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, Deputy Director Planning Aubrey Hale, Budget Director Tammi Haslam, Planning Director Patricia Hitchcock, Director of Facilities & Fleet Management John King, City Engineer & Director of Water Resources Sean Lanier, Director of Public Works Darren Park, Director of Electric Utility Doug Peebles, Director of Telecommunications Mel Poole, Director of Parks & Recreation Preston Pooser, Strategic & Legislative Affairs Administrator Jeannine Robbins, Director of Finance Emory Roberts, Procurement & Contracting Officer Daphne Robinson, Chief of Staff Chris Watt, Cultural Arts & Science Division Head Laura Walker, Ocala Police Dept Representative, IT Representative, The Press and other interested parties. c. New Employees - Jesus Perez - Procurement - Louis Joseph - Procurement - Nelson Delcasio - Procurement 2. Public Notice Public Notice for the October 18, 2022 City Council Regular Meeting was posted on September 15, 2022 3. Proclamations & Awards Page 1 of 18 City Council Minutes October 18, 2022 3a. National Code Compliance Month Proclamation Presented to Code Enforcement Officer James Pogue. Mayor Guinn presented a proclamation for National Code Compliance Month to Senior Code Enforcement Officer Jeffrey Ball, Code Enforcement Officers, and support staff. The City proclaims October 2022, as National Code Compliance Month. 3b. Community Planning Month Proclamation Presented to City of Ocala Planning Staff Mayor Guinn presented a proclamation for Community Planning Month. The City proclaims October 2022, as Community Planning Month. Divya Govindaraju, Growth Management Planner I, thanked the Mayor and City Council for the proclamation award. 3c. Recognition to the Ocala Police officers who were deployed to Hardee County, Florida to assist in the wake of Hurricane Ian Pulled. Will be placed on the November 1, 2022, City Council agenda. RESULT: PULLED 3d. Recognition to the Ocala Electric Utility employees who assisted the City of Lakeland, Florida to restore power in the wake of Hurricane Ian Pulled. Will be placed on the November 1, 2022, City Council agenda. RESULT: PULLED 4. Presentations 5. Public Comments Sean Young, FOP Lodge 129, spoke in support of Police Chief Michael Balken Sean Young, FOP Lodge 129, spoke in support of Police Chief Michael Balken. Chief Balken possesses great leadership skills and has continued to support the Police Department's growth. Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services Brian Creekbaum, 103 NE 31st Terrace, commented on Marion County animal control services. He provided a brief overview of staffing issues and poor response times. He submitted exhibits into evidence for Council to review. 6. Public Hearings 6a. Adopt Ordinance 2023-1 annexing properties located at the intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Case ANX22- 44895) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) (Quasi-Judicial) Introduced By: Barry Mansfield Page 2 of 18 City Council Minutes October 18, 2022 City Attorney Batsel explained the quasi-judicial procedure for public hearings. Council President Bethea opened a public hearing for items 6a, 6b, 6c, 6d, 6e, 6f, and 6g at 4:21pm. Growth Management Director Tye Chighizola explained 6a through 6c refer to a County DRA and noted City needs to annex the property in order to make the property referred to in 6d through 6g contiguous to the City. He explained the initial staff recommendation was a Chapter 163 agreement, as the applicant didn’t want to move forward with a Planned Development. As part of the agreement, access to SE 36th Ave would be limited and there would be no access to SE 38th St. The main access would be from SE 31st St. The goal would be to maintain the trees and canopy along 38th, with the possible addition of a sidewalk. The developer is proposing a three-story development with 348-units and 100-foot setback requirement. The property is zoned as County B-2, and staff believe that zoning to be incompatible with surrounding properties. The Planning & Zoning Commission expressed concern regarding traffic and buffering. Mr. Chighizola noted if the property were developed with the current zoning of B-2, there could be upwards of 300 trips compared to 200 trips with R-3 zoning. Fred Roberts, 40 SE 11th Avenue, stated he is representing the applicant. He stated they agree with staff’s assessment that the current B-2 zoning is incompatible, and commented with current zoning the property could be developed with 500,000 square feet of commercial. The location is appropriate for a multifamily development with single-family located on the east side of the property. He summarized the series of restrictions added to the agreement, such as buffering, height limits, 100-foot setback, limited access on Southeast 31st Street, and underground utilities. The developer plans on building a high-quality luxury product to meet the housing demand in the City. Council Member Mansfield questioned the City’s return on investment for annexations. Mr. Chighizola responded if there is existing residential to annex into the City, that can be very costly, but this annexation is very little maintenance for the City. The developer is responsible for providing the infrastructure and building to City Code. Council Member Dreyer questioned if the development would increase costs for the Police and Fire Department. Mr. Chighizola responded yes, the development will affect Police and Fire emergency services. Council Member Musleh confirmed the Arbors are not in the City. He agrees the B-2 zoning is not compatible with the area; however, he does not support the annexation of the DRA (6a.). Mr. Roberts addressed the annexation of the DRA with Council Member Musleh. He noted the entire block of properties aside from the DRA are within City limits, and the property will not be considered a net revenue loss to the City. The annexation of the pond will allow the City to have control over future development of parcels. Page 3 of 18 City Council Minutes October 18, 2022 Council Member Musleh questioned how the annexation of the DRA would benefit the City of Ocala. He asked who will be responsible for servicing the DRA. City Manager Pete Lee responded Duke will be responsible for servicing the electrical. Mr. Roberts noted the City will be responsible for servicing the water and sewer. He also noted County B-2 doesn’t preclude the developer from developing residential units. Council Member Hilty commented the annexation will benefit the residents. Mr. Roberts discussed the property tax benefits associated with the property. The traffic methodology was submitted and approved by the City. The estimated total traffic generated from the proposed development project totals 170 peak hour trips. Council Member Dreyer stated she does not agree with the annexation of the DRA. Council Member Musleh noted the City would benefit from the property taxes and fire assessment. He questioned the appropriateness of the DRA annexation. Mr. Roberts spoke on the urban boundary design. He requested Council consider the annexation of the DRA. Mr. Chighizola explained the Comp Plan is written to require annexation as properties become contiguous to the City. Council could decide to change that if they so desired. City Manager Pete Lee agreed the Comp Plan would need to be amended. City staff has not performed an ROI on the project and the applicant is not required to do an ROI. Council Member Musleh asked what expenses the City will incur. Mr. Lee responded the City will incur the following expenses: Police, Fire, maintenance of the utility lines, and solid waste. Council Member Dreyer asked if the density is higher in the City. Mr. Chighizola responded yes; the density is higher in the City. Mr. Roberts noted the County is offering a blended density. The City will greatly benefit from the additional revenue after the annexation. Mr. Chighizola anticipates the County will change the land use/zoning in the future. The annexation of the property will allow the City to have more control over future development. Council President Bethea stated he supports the annexation. The City will generate great revenue from the annexation of the property. Furthermore, he expressed concern regarding increased traffic. Council Member Musleh noted the City or County will be developing the property in the Page 4 of 18 City Council Minutes October 18, 2022 future. Council Member Mansfield asked if the City will be annexing the adjacent property. Mr. Chighizola responded no; however, the applicant could request to annex the property in the future. Council Member Mansfield suggested providing power to the entire property. City Attorney Batsel responded the City has territorial agreements with electrical providers. Council Member Musleh clarified the $1 million revenue generation with Council Member Dreyer. The City will have the ability to control development and generate revenue. Council Member Dreyer asked if the tax revenue will pay for the long-term sewer maintenance. Council Member Musleh responded the maintenance will be added to the current billing structure. Mr. Chighizola noted the apartments will have a master meter. Council Member Musleh clarified the local fire stations in the area with Council Member Dreyer. Police Chief Balken commented the Police Department will need to have an additional one to two Officers assigned to the area eventually, noting this development wouldn’t generally require as much coverage as a lower income option. Council Member Musleh reiterated the annexation will allow the City to have control over the development project. Mayor Guinn commented the City should evaluate revenue when considering annexation requests. Council Member Dreyer noted the City will be responsible for future road maintenance. Mr. Roberts noted the applicant must develop in accordance with the concept plan. Council President Bethea closed the public hearing at 5:38 pm. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6b. Adopt Ordinance 2023-2 amending a future land use designation from Public (County) to Page 5 of 18 City Council Minutes October 18, 2022 Public (City) for properties located at the intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres (Case LUC22-44896) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) (Quasi-Judicial) Introduced By: Jay A. Musleh There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6c. Adopt Ordinance 2023-3 concerning a rezoning from M-1 Light Industrial, PUD, Planned Unit Development (County) & B-2, Community Business (County) to G-U, Governmental Use (City) for a property located at the northwest and northeast corners of the intersection at SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) (Case ZON22-44897) (Quasi-Judicial) Introduced By: Kristen M. Dreyer There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6d. Adopt Ordinance 2023-4 concerning a request to annex property located at the southeast corner of Southeast 31st Street and Southeast 36th Avenue, approximately 24.86 acres/Parcel#: 29739-000-00 (Case ANX22- 44824) (Quasi-Judicial) Introduced By: Barry Mansfield There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6e. Adopt Ordinance 2023-5 amending the Future Land Use Designation from Commercial and Employment Center (County) to Low Intensity (City) for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case LUC22-44825) (Quasi-Judicial) Introduced By: Kristen M. Dreyer There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer Page 6 of 18 City Council Minutes October 18, 2022 SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6f. Adopt Ordinance 2023-6 concerning a request to rezone from M-1, Light Industrial (County) and B-2, Community Business (County), to R-3, Multi-Family Residential District (City), for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case ZON22-44826) (Quasi-Judicial) Introduced By: Barry Mansfield There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6g. Adopt a Chapter 163/Concurrency Development Agreement to be entered into pursuant to Sections 163.3220 through 163.3243 Florida Statutes, between the City and J & G Cedar Shores 26, LLC for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (This is the second of two public hearings. The first public hearing was held on Monday, October 10, 2022, with the Planning and Zoning Commission) There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6h. Adopt Resolution 2023-5 to allow alcoholic beverage sales (beer, wine, and liquor) as part of the Mainstreet Community Bank and Chamber and Economic Partnership business after-hours event on Thursday, October 20, 2022, from 5:00 pm to 7:00 pm (Quasi-Judicial) Growth Management Director Tye Chighizola commented the applicant will be serving alcohol on the public streets, which requires the adoption of Resolution 2023-5, and a State permit is not required. The event is two days away, and staff recommends approval. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7. Second and Final Reading of Ordinances (All are Public Hearings) Page 7 of 18 City Council Minutes October 18, 2022 7a. Adopt Ordinance 2022-76 annexing property located at 2300 SW 38th Avenue, approximately 34.06 acres (Case ANX22-44859) (Quasi-Judicial). Introduced By: James P. Hilty Sr Council President Bethea opened a public hearing for items 7a, 7b, and 7c at 5:47pm. Chief Planning Official Aubrey Hale provided a brief overview of the three items. The request is considered a reduction of the enclave; and the primary access is located on SW 38th Avenue. The property is zoned R-1, Single Family and B-4, Commercial. The applicant is requesting to change the zoning to R-3, Multi-Family Residential, and sanitation will need to be extended. The traffic methodology was submitted to the City, and staff recommends approval. Fred Roberts, 40 SE 11th Avenue, stated he is representing the applicant. He provided a brief overview of the surrounding properties. The property is considered an island within the City limits. The proposed R-3 zoning is appropriate for the area, which is surrounded by residential uses. Amber Gardner, Kimley-Horn, 1700 SE 17th Street, Suite 200, Ocala, FL 34471, stated the traffic methodology was submitted to the City, and the methodology was based on the R-3 zoning. The traffic study will evaluate road segments and determine road improvements. Mr. Roberts reiterated a traffic study is required for the project. The property will generate $1.1 million in tax revenue and $660,000 in fire assessment income. He requested Council take into consideration the tax revenue benefits. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7b. Adopt 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) (Quasi-Judicial) Introduced By: Jay A. Musleh There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer Page 8 of 18 City Council Minutes October 18, 2022 AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7c. Adopt Ordinance 2023-8 concerning a request to rezone from B-4, Regional Business (County), and R-1, Single Family Dwelling (County), to R-3, Multi-Family Residential, for certain property located on the west side of SW 38th Avenue in the 2300 block, approximately 34.06 acres (Case ZON22-44930) (Quasi-Judicial) Introduced By: Jay A. Musleh There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7d. Adopt Ordinance 2023-7 concerning a request to rezone from M-2, Medium Industrial, to G-U, Governmental Use, for property located at the northwest corner of the intersection of SW 15th Street and SW 6th Avenue, approximately 3.92 acres (Case ZON22-44915) (Quasi-Judicial) Introduced By: Kristen M. Dreyer Growth Management Director Tye Chighizola commented the property will be developed as a new emergency service facility for the County, and staff recommends approval. Richard Bush, Kimley Horn & Associates, stated he is representing Marion County. The G-U zoning change will allow EMS uses. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8. General Business 8a. Approve agreement with Kimley-Horn and Associates, Inc. for the provision of professional design services associated with the design of Water Treatment Plant No. 2 in the amount not to exceed $4,999,484 RESULT: PULLED 8b. Approve three-year contract with Palmdale Oil Company, Inc., for the supply and delivery of bulk premium high-performance engine oil with an estimated aggregate expenditure amount of $512,937 There being no discussion the motion carried by roll call vote. Page 9 of 18 City Council Minutes October 18, 2022 RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8c. Approve renewal of cooperative services agreement with Indigo Energy Partners, LLC, for transport-load diesel and gasoline fuel services with an estimated aggregate expenditure of $4,600,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 8d. Acknowledge the Memorandum of Understanding, which is a non-binding agreement, among Duke Energy Florida, LLC; City of Ocala, Florida, doing business as Ocala Electric Utility; and Florida Municipal Power Agency, to work toward developing a future legally binding agreement regarding an existing 230kV transmission line There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 8e. Approve the grant award from the United States Environmental Protection Agency for community-wide brownfields assessment in the amount of $500,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 8f. Approve award of contracts to Terracon Consultants, Inc., and PPM Consultants, Inc., to provide environmental services for implementation of the US Environmental Protection Agency Brownfields Assessment Grant in an amount not to exceed $493,500 Chief Planning Official Aubrey Hale noted this is funded by the grant approved in item 8e. The difference between the $493,500 and the $500,000 awarded by the US EPA Page 10 of 18 City Council Minutes October 18, 2022 represents an allowance used for City staff training. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8g. Adopt Resolution 2023-6 to reduce the membership of the Brownfields Advisory Committee from eleven members to nine members. There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8h. Approve a second amendment to the licensing agreement for the Ocala Downtown Market Chief Planning Official Aubrey Hale noted the change in original terms from a two-year agreement with two consecutive two-year term renewals to a three-year renewal with an option to extend for an additional three-year term. There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr NAY: Musleh 8i. Approve the Sale and Purchase Contract for Parcel #2853-026-002 owned by IOM, LLC for the purchase price of $250,000 plus $6,575 for closing, doc stamps, etc. for a grand total of $256,575 Growth Management Director Tye Chighizola commented this is for the purchase of the last remaining corner piece of property for the new parking garage, to include the condition the City will provide to the seller 20 parking spaces during construction, 25 parking garage spaces for free for the first five (5) years, then 25 parking garage spaces for the next five (5) years at a discounted rate, for the purpose of serving the commercial pieces on the west side of the property. City Attorney Batsel inquired about the closing date left blank in the agreement, Mr. Page 11 of 18 City Council Minutes October 18, 2022 Chighizola anticipates a closing date by October 31, 2022. 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 Sr 8j. Approve reappointment of Police Chief Michael Balken Mayor Guinn congratulated Police Chief Michael Balken on his great performance and encouraged Council to support the reappointment. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8k. Approve reappointment of City Clerk, Angel Jacobs There being no 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 Sr 8l. Approve reappointment of Internal Auditor, Randall E. Bridgeman There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8m. Approve reappointment of City Manager, Peter Lee There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr Page 12 of 18 City Council Minutes October 18, 2022 8n. Approve appointment of William Sexton as City Attorney There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8o. Approve engagement of Robert W. Batsel, Jr., and W. James Gooding III with the law firm Gooding & Batsel, PLLC as outside legal counsel on agreed to cases, as listed in the attached retainer agreement between the parties, up to an amount not to exceed $250,000 There being no 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 Sr 9. 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: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 9a. Approve the First Amendment to the Agreement for Industrial Design and Metal Fabrication with Zeak Technique, Inc., to increase the three-year contract value from $50,000 to $78,200 9b. Approve one-year renewal with Clardy Oil Company to provide tank wagon fuel deliveries with an estimated expenditure of $65,000 9c. Adopt Budget Resolution 2023-101 amending the Fiscal Year 2022-2023 budget to accept and appropriate funding for the City of Ocala's grant award from the United States Environmental Protection Agency community-wide Brownfields Assessment Program in the amount of $500,000 9d. Adopt Budget Resolution 2023-102 amending the Fiscal Year 2022-2023 budget to appropriate funds from the General Fund Reserve for Projects account for the purchase of parcel 2853-026-002, owned by IOM, LLC in downtown Ocala in the amount of $256,575 9e. Approve the purchase of roofing materials from Henry Company, Inc. for the roofing Page 13 of 18 City Council Minutes October 18, 2022 repair at Ocala Electric Utility Administration Building 400 in the amount of $97,941 9f. Approve the first amendment to the agreement with Sierra Container Group, LLC, for household roll-out garbage carts to increase the aggregate contract expenditure to $63,208 9g. Accept a grant agreement with the Office of Justice Programs, Department of Justice for the Ocala Police Department Officer Safety Equipment Initiative in the amount of $36,554 9h. Adopt Budget Resolution 2023-103 to appropriate grants funds from the Office of Justice Programs, Department of Justice, for the Ocala Police Department Officer Safety Equipment Initiative in the amount of $36,554 9i. Approve three two-year contracts with Solo Cats Services, LLC, Rock’s Handy Man and Lawn Service, LLC, and W-N-W Landscaping for cemetery grounds maintenance services with an estimated aggregate contract expenditure of $98,900 9j. City Attorney Invoices - September, 2022 9k. Approve Regular Meeting City Council Minutes from September 20, 2022 9l. Approve Regular Meeting City Council Minutes from October 4, 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. 11. Introduction and First Reading of Ordinances - None 12. Internal Auditor's Report - None 13. City Manager's Report TPO meeting scheduled on Tuesday, October 25, 2022, location Marion County Commission Chambers Redistricting Public Information Session scheduled on Thursday, October 27, 2022, at 6 pm; location Martin Luther King First Responders Campus Redistricting Workshop scheduled on Tuesday, November 8, 2022 in Council Chambers Animal Control Services Agreement Update City Manager Pete Lee commented the City is working on executing an agreement with Marion County. The draft agreement with be presented to Council for approval. Council Member Musleh noted the City is drafting an in-house proposal for animal control services for Council to consider. No-Disconnect Policy ends on Monday, October 31, 2022 City Manager Pete Lee commented the public can call to schedule a payment plan for electric. Mr. Lee thanked City Attorney Batsel for his hard work City Manager Pete Lee thanked City Attorney Batsel and his team for serving the City. Page 14 of 18 City Council Minutes October 18, 2022 Council President Bethea thanked City Attorney Batsel and his team for their hard work serving the City. 5. Phillip Breske, 5507 SE 107 Place, Belleview, expressed concern regarding First Friday Art Walk art censorship Mr. Breske described his experience at the First Friday Art Walk. A City employee made him remove several nude art photos due to complaints. He noted the First Friday Art Walk is governed by the free speech clause in the First Amendment of the US Constitution. Council President Bethea commented the City of Ocala does review and has the right to remove artwork deemed inappropriate. He noted City staff will respond to Mr. Breske regarding the matter. City Attorney Batsel advised Council he spoke with Mr. Sexton and reiterated City staff will respond to Mr. Breske. He thanked Mr. Breske for his comments. 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 October 3, 2022 to October 16, 2022. The Police Department’s Opioid response efforts were down 50% year over year, , overdose deaths 1, Narcan deployments 2 and Amnesty participation 0. He provided a brief overview of drug seizures at the Sun Days Motel and Queens Garden Resort. Council Member Dreyer asked if the Police Department tracks how often they respond to the same location. Police Chief Balken responded yes; the Police Department utilizes OD mapping for tracking. Council Member Dreyer asked if the City could utilize nuisance/ abatement laws to fine property owners. Police Chief Balken responded yes; the property owners receive a notice from the Department’s Drug Captain regarding the incident. Mayor Guinn noted Florida passed a State law addressing illegal activities that take place on private property. 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 0 and Narcan leave behind 2. For the month of October, 375 people have enrolled in the Opioid Recovery Project and they had a total of 182 community paramedicine graduates. The Fire Department partnered with the Marion County School Board to promote fire prevention week. The rescue ceremony Page 15 of 18 City Council Minutes October 18, 2022 was conducted at Station 5, and the department conducted three promotions. The PIO was deployed to Pine Island to assist with the hurricane aftermath. Furthermore, the department received 1,304 calls for service in the last two weeks. 15. Mayor's Report Mayor Guinn spoke on the smart License Plate Readers allowing OPD to track down and arrest a homicide suspect Mayor Guinn spoke on the smart License Plate Readers (LPR) allowing OPD to track down and arrest a homicide suspect. He shared a video of the Police Officers using the LPRs to locate suspects. Police Chief Balken commented the LPRs are very expensive ($25,000 each), and the plan is to work with FDOT to install LPR’s on the interstate. The Police Department has greatly benefited from the use of LPRs to track down suspects. 16. City Attorney's Report City Attorney Batsel's thank you to the City City Attorney Batsel thanked the City for allowing him to serve the citizens of Ocala. He believes Mr. Sexton will make a great new City Attorney. The City has great leadership and phenomenal City staff. 17. Informational Items 17a. Calendaring Items 17b. Comments by Mayor Mayor Guinn commented on golf cart safety issues Mayor Guinn expressed concern regarding minors driving golf carts at Clyatt Park. He suggested the City host a golf cart meeting to promote golf cart safety and enforce penalties. City Manager Pete Lee commented the revised proposed ordinance includes a driver’s license requirement and the area was expanded to promote pedestrian safety, noting golf carts not allowed on sidewalks. Council Member Mansfield stated parents should not allow their children to drive golf carts and supports enforcing penalties. He requested the City evaluate how the roadway can be shared with golf carts. City Attorney Batsel noted golf carts are prohibited on sidewalks. The City created additional requirements for unlicensed drivers. Assistant City Manager Ken Whitehead commented the revised ordinance restricts unlicensed drivers and prohibits golf carts on sidewalks/park area. The proposed map can be expanded to Page 16 of 18 City Council Minutes October 18, 2022 include other areas. Council President Bethea suggested the City draft a policy to promote child safety. Mr. Lee responded City staff will present a revised ordinance at a future City Council meeting. Mr. Whitehead suggested classifying the pathway at Clyatt Park as a multi-mobile trail in the ordinance. 17c. Comments by Council Members Council Member Musleh thanked City Attorney Batsel for his hard work Council Member Musleh thanked City Attorney Batsel and his team for serving the City. He also thanked Doug Peebles for taking him on a guided hurricane recovery tour. Furthermore, he thanked Police Chief Balken and Captain Eades for the fun VR Training experience. Council Member Hilty thanked City Attorney Batsel for his hard work Council Member Mansfield thanked Council for allowing him to represent the City of Ocala at the National Business Aviation Convention in Orlando Council Member Mansfield thanked Council for allowing him to represent the City of Ocala at the National Business Aviation Convention in Orlando. His goal is to grow business at the Ocala Airport. Council Member Dreyer recommended scheduling a workshop to discuss annexation procedures and the water treatment plant project Council Member Dreyer recommended scheduling a workshop to discuss annexation procedures and the water treatment plant project. City Manager Pete Lee responded the City will schedule a future workshop. Council President Bethea commented on a trip with CEP to Chattanooga Council President Bethea shared his experience from a trip made with the CEP to Chattanooga. The CEP has created successful partnerships and he will share the information with Council. 17d. Informational 17d1. Executed Contracts Under $50,000 18. Adjournment Adjourned at 7:17 pm Minutes Page 17 of 18 City Council Minutes October 18, 2022 _______________________________ ________________________________ Ire Bethea Sr. Angel B. Jacobs Council President City Clerk Page 18 of 18