City Council
Regular MeetingOcala, FL · March 21, 2023
Minutes
110 SE Watula Avenue
Ocala Ocala, FL 34471
City Council www.ocalafl.org
Minutes
Tuesday, March 21, 2023 4:00 PM
1. Call to Order
a. Opening Ceremony
1. Invocation
2. Pledge of Allegiance
b. Welcome and Roll Call
Present: Mayor Reuben Kent Guinn
Pro Tem Barry Mansfield
Council Member Ire J. Bethea Sr
Council Member Kristen M. Dreyer
Council Member Jay A. Musleh
Council President James P. Hilty Sr
c. New Employees
- Martin Hall - Information Technology
- Skyler Nave - Electric Utility
- Demetrius Bracey - Ocala Fiber Network
- Justin Sanders - Ocala Fiber Network
2. Public Notice
Public Notice for the March 21, 2023 City Council Regular Meeting was posted on February 6,
2023
3. Proclamations & Awards
3a. Developmental Disabilities Awareness Month Proclamation will be presented to Lucy
Johnson, Transitions Life Center Executive Director, and to Meg Dickens, Transitions
Life Center Program Manager
Mayor Guinn presented a proclamation for Developmental Disabilities Awareness
Month. The City proclaims March 2023, as Developmental Disabilities Awareness
Month.
Lucy Johnson, Transitions Life Center Executive Director, thanked the City for their
support.
4. Presentations
4a. The Meals on Wheels Program through the National March for Meals Campaign will be
presented by Marion Senior Services Executive Director Jennifer Martinez
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Glenda Thomas, Marion Senior Services Outreach and Nutrition Director, spoke on the
organization’s history, outreach efforts and elderly support. The Meals on Wheels
program has been a great success in the community, and the organization appreciates the
City’s continued support.
Jennifer Martinez, Marion Senior Services Executive Director, thanked the City for their
support.
4b. Lucy Johnson, Transitions Life Center Executive Director, will give a presentation of
services offered for Marion County residents with intellectual/developmental disabilities
Lucy Johnson, Transitions Life Center Executive Director, discussed the Transitions Life
Center’s mission in the community. She provided a brief overview of the following:
services for individuals with intellectual/developmental disabilities, challenges, and
progress in the community. The organization appreciates the City’s continued support.
Ocala Police Departments Accreditation Award Recognition
Mayor Guinn recognized the Ocala Police Department for receiving an Accreditation Award.
This award recognizes the Ocala Police Department for earning 15 consecutive years of
certifications resulting in Excelsior designation.
Police Chief Balken thanked the City and community for their support.
5. Public Comments
Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services
Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services poor response
times. He expressed concern allowing the County to continue providing animal control services
in the City.
6. Public Hearings
6a. Adopt Ordinance 2023-41 concerning a rezoning to PD, Planned Development for
properties located on the east side of SW 60th Avenue (Parcels 23817-002-00 and
23817-002-02), between SW 31st Street and SW 38th Street, approximately 61.4 acres
(Case PD22-44929) (Quasi-Judicial)
Introduced By: Barry Mansfield
City Attorney Sexton reviewed procedures for quasi-judicial public hearings.
Council President Hilty opened public hearings for items 6a and 6b.
Planning Director Patricia Hitchcock commented the items before Council are a rezoning
and resolution. The property is adjacent to the Timberwood community. She provided a
brief overview of the following: property history, executed agreements, transmittal
hearing, and site plan. The City added several conditions, such as a traffic study, and
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height restrictions. The Planning & Zoning Commission recommended approval in
February 2023; and the traffic study methodology was approved by the City. She
clarified changes submitted by the applicant; and staff recommends approval.
Fred Roberts, 40 SE 11th Avenue, provided a brief overview of the following: project
history, compliance with Text Policy conditions, site plan, and PD standards. The City
approved the traffic study methodology, and the study is underway. A detailed access
management plan is shown on the PD Plan, and the plan has been coordinated with the
City and Marion County. Furthermore, access is prohibited on 31st Street; and no
habitable multifamily buildings will be located within the 100-foot height setback.
Amber Gardner, Licensed Professional Engineer with Kimley Horn, 1700 SE 17th Street,
provided a brief overview of traffic trips, and site access circulation. Retail is estimated
to generate 17,440 daily trips with 1,660 PM peak hour trips. The mixed-use project is
estimated to generate less traffic (8,122 trips with 512 PM peak hour trips). Furthermore,
she clarified the proposed access points on the site plan. To note, the traffic methodology
was approved by the City on February 14, 2023.
Daniel Sivilich, 3575 SW 51st Terrace, spoke in opposition of the proposed development
project. He expressed concern regarding the following: traffic impacts, proposed egress
points, increased density, traffic methodology, and pedestrian safety. He requested
Council reduce the number of units.
Michelle Sivilich, Timberwood Association Consultant, 745 NW 70th, spoke in
opposition of the proposed development project. She expressed concern regarding the
following: traffic impacts, increased density, and increased crime. She recommended the
City install a traffic light on N 60th to avoid traffic in the Timber Wood neighborhood.
Furthermore, she requested Council thoroughly review the proposed development plan.
Daniel Desorcie, 5841 SW 31st Street, spoke in opposition of the proposed development
project. He requested Council consider a use that compliments the Ocala Airport.
Jodene Smith, 5010 SW 36th Lane, spoke in opposition of the proposed development
project. She expressed concern regarding no full site plan for the public to review. She
requested Council limit the height to two-stories with a 35-foot maximum height.
John Taylor, 3230 SW 56th Avenue, spoke in opposition of the proposed development
project. He expressed concern regarding the following: no full site plan, no sidewalks,
pedestrian safety, and no streetlights. Furthermore, he favors the proposed fence.
Phil, SW 57th Court, Timberwood resident, spoke in opposition of the proposed
development project. He expressed concern regarding the following: increased density,
water/sewer management, wildlife protection, and school overcrowding. He asked if the
City performed an EHP (Environmental & Historic Preservation study) and school study.
Ryan Myer, 3600 SW 57nd, Timberwood resident, spoke in opposition of the proposed
development project. He expressed concern regarding the following: pedestrian safety,
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traffic impacts, no full site plan, wildlife protection, and building height.
Ms. Gardner addressed traffic concerns from the public. She clarified how traffic
generations are determined, and data collection. The trip distribution used in the traffic
study is considered an industry standard. Furthermore, the access plan alleviates
congestion on 60th Avenue and 38th Street. To note, the County commissioned a
preliminary engineering study and design to widen the roadway for 38th Street.
Mr. Roberts clarified low intensity and land uses. The proposed project is compatible
with surrounding uses and contributes to developmental growth. He provided a brief
overview of the following: site plan elements, PD standards, buffer, and fence design.
Furthermore, the project will not cause traffic in the Timberwood neighborhood, and a
traffic light is not needed for 31st. He noted they will support roadway changes initiated
by the County.
Council President Hilty asked if endangered species studies have been performed. Mr.
Roberts responded a TE (Threatened & Endangered Species) study will be conducted.
Council President Hilty expressed concern regarding traffic impacts from surrounding
development projects; however, he supports the proposed development project.
There being no further discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Barry Mansfield
SECONDER: Ire J. Bethea Sr
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6b. Adopt Resolution 2023-19 concerning a PD, Planned Development, located on the east
side of SW 60th Avenue, between SW 31st Street and SW 38th Street (23817-002-00)
(23817-002-02) (PD22-44929) (Quasi-Judicial)
There being no discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Barry Mansfield
SECONDER: Ire J. Bethea Sr
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6c. Adopt Resolution 2023-20 to allow Infinite Ale Works to extend its license for beer and
wine onto SW Third Street (SW First Avenue to South Magnolia Avenue) for a
fundraiser sponsored by the Junior League of Ocala (“Pints for Parks”) on Saturday,
April 15, 2023, from 2 p.m. to 6 p.m.
City Projects Director Tye Chighizola commented Infinite Ale Works is requesting to
extend its alcohol license for a fundraiser event. The City has not received any
complaints from past events; and staff recommends approval.
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There being no further discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Jay A. Musleh
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6d. Adopt Resolution 2023-21 to allow the Marion County Builders’ Association to
temporarily permit the consumption of beer and wine on SE Osceola Ave (SE Osceola
Ave from south of SE Broadway St to Citizen Circle and on E Fort King St from west of
the parking garage entrance to SE First Ave) for a fundraiser sponsored by the Marion
County Builders’ Association (“King of the Wing”) on Tuesday, March 28, 2023, from 5
to 8 p.m.
City Projects Director Tye Chighizola commented the Marion County Builders’
Association is requesting a temporarily alcohol permit for a fundraiser event. The
association is hosting their second event in the City; and staff recommends approval.
Council Member Mansfield invited Council to attend the event.
There being no further discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Ire J. Bethea Sr
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6e. Approve the sale of beer and wine for off-premises consumption for Family Dollar
Stores of Florida, LLC d/b/a Family Dollar #0766 located at 2614 NE 14th Street
(Quasi-Judicial)
City Projects Director Tye Chighizola commented items 6e and 6f are related. The two
Family Dollar Stores locations are requesting to sell alcohol; and staff recommends
approval. He noted the two locations previously chose not to proceed with an alcohol
license 10-years ago.
Council Member Dreyer asked why the applicants are choosing to apply for an alcohol
license now. Mr. Chighizola stated the City was previously trying to limit alcohol in the
area; however, the applicants have the right to submit an application.
Council Member Dreyer stated she favors approving item 6e due to its location. She
expressed concern approving item 6f.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
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MOVER: Barry Mansfield
SECONDER: Jay A. Musleh
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6f. Approve the sale of beer and wine for off-premise consumption for Family Dollar Stores
of Florida, LLC d/b/a Family Dollar #10279 located at 990 NW 15th Ave
(Quasi-Judicial)
City Projects Director Tye Chighizola provided a brief overview of the property’s
history. To note, the Dollar General store was approved to sell alcohol to the west of
Howard Middle School.
Council Member Dreyer stated she will be voting no, due to the location being in close
proximity to a school. She noted the Dollar General is not located within the 500-foot
radius.
There being no further discussion the motion was denied by roll call vote.
RESULT: DENIED
MOVER: Ire J. Bethea Sr
SECONDER: Kristen M. Dreyer
AYE: Mansfield, and Musleh
NAY: Bethea Sr, Dreyer, and Hilty Sr
6g. Approve the sale of beer and wine for on-premise consumption for Jonya Group, LLC
d/b/a Meeple Movers located at 3101 SW 34th Ave #803 (Quasi-Judicial)
City Projects Director Tye Chighizola commented staff recommends approving the new
location.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Ire J. Bethea Sr
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6h. Adopt Ordinance 2023-33 to change the Future Land Use Designation from Public to
Medium Intensity/Special District, for property located on the south side of NW 35th
Street in the 2100-2400 block (currently a water retention area); approximately 5.83
acres. (LUC22-45057) (Postponed from the February 21, 2023, City Council meeting -
Request to Withdraw Ordinance 2023-33)
Introduced By: Ire J. Bethea Sr
Motion to withdraw items 6h, 6i, 6j, and 6k from consideration.
City Attorney Sexton advised Council to withdraw items 6h to 6k, due to procedural
issues related to the underlying zoning.
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RESULT: WITHDRAWN
MOVER: Jay A. Musleh
SECONDER: Ire J. Bethea Sr
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
6i. Adopt Ordinance 2023-34 concerning a rezoning from GU, Government Use, to PD,
Planned Development, for property located on the south side of NW 35th Street in the
2100-2400 block (currently a water retention area), approximately 5.83 acres
(PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council
meeting - Request to Withdraw Ordinance 2023-34)
Introduced By: Jay A. Musleh
RESULT: WITHDRAWN
6j. Adopt Resolution 2023-17 concerning a PD, Planned Development, located on the south
side of NW 35th Street in the 2100-2400 block (currently a water retention area),
approximately 5.83 acres; and to amend the previously approved West Oak Planned
Development (PD) plan for property (former Pine Oaks Golf Course) located south of
NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX
railroad, approximately 220.23 acres (PD22-44861) (Quasi-Judicial) (Postponed from
the February 21, 2023, City Council meeting - Request to Withdraw Resolution 2023-17)
RESULT: WITHDRAWN
6k. Approve a Concurrency Development Agreement (CDA22-45035) to address capacity
reservation and proportionate share contributions for required traffic improvements
identified in the traffic study for the West Oak Planned Development located south of
NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX
railroad, approximately 213.2 acres (This is the second of two public hearings. The first
public hearing was held on January 9, 2023, with the Ocala Planning and Zoning
Commission. The second public hearing was postponed at the February 21, 2023, City
Council meeting -- Request to Withdraw CDA22-45035)
RESULT: WITHDRAWN
6l. Request to waive the one-year waiting period as required by Section 122-134 to allow
resubmittal of the West Ocala PD Rezoning/Plan
Planning Director Patricia Hitchcock requested Council waive the one-year waiting
period to reinitiate the rezoning of the West Oak PD.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Ire J. Bethea Sr
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
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6f. Deny the sale of beer and wine for off-premise consumption for Family Dollar Stores of
Florida, LLC d/b/a Family Dollar #10279 located at 990 NW 15th Ave (Quasi-Judicial)
due to proximity to schools and churches, Sec. 6-33(c)(1)
Council Member Dreyer stated she is motioning to deny the application due to item 1.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Ire J. Bethea Sr
AYE: Bethea Sr, Dreyer, and Hilty Sr
NAY: Mansfield, and Musleh
7. Second and Final Reading of Ordinances
(All are Public Hearings)
7a. Adopt Ordinance 2023-38 annexing property located at 3137 NE Jacksonville Road
along with the parcel located directly to the south, approximately 1.67 acres
(ANX22-45056) (Quasi-Judicial)
Introduced By: Jay A. Musleh
City Attorney Sexton noted items 7a, 7b, and 7c are related.
Growth Management Director Jeff Shrum commented the applicant is proposing the
following: annexation, land use designation, and rezoning. The applicant’s requests are
consistent with the Comprehensive Plan Land Development Code. Furthermore, the
Planning & Zoning Commission and staff recommend approval.
There being no further discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Jay A. Musleh
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
7b. Adopt Ordinance 2023-39 amending a future land use designation from Commercial
(County) to Neighborhood (City) for property located at 3137 NE Jacksonville Road
along with the parcel located directly to the south, approximately 1.67 acres
(LUC22-45067)
Introduced By: Ire J. Bethea Sr
There being no discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Ire J. Bethea Sr
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SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
7c. Adopt Ordinance 2023-40 concerning a rezoning from B-2, Community Business
(County) and B-5, Heavy Business (County), to R-3, Multi-Family (City), for property
located at 3137 NE Jacksonville Road along with the parcel located directly to the south,
approximately 1.67 acres (ZON22-45068) (Quasi-Judicial)
Introduced By: Barry Mansfield
There being no discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Barry Mansfield
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
7d. Adopt Ordinance 2023-42 to rezone from B-2, Community Business, to INST,
Institutional, for property located at 1820, 1858, and 1914 SW 27th Avenue,
approximately 4.93 acres (Case ZON23-45070) (Quasi-Judicial)
Introduced By: Kristen M. Dreyer
Growth Management Director Jeff Shrum commented the applicant is requesting to
change the zoning from B-2 (Community Business) to INST (Institutional), to develop a
physical rehabilitation hospital. The Planning & Zoning Commission and staff
recommend approval.
There being no further discussion the motion carried by roll call vote.
RESULT: ADOPTED
MOVER: Kristen M. Dreyer
SECONDER: Barry Mansfield
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8. General Business
8a. Approve the purchase of S&C Electric’s TripSaver II and Eaton’s Nova Triple-Single
reclosers in the estimated amount of $220,000
Council President Hilty requested more information regarding the devices. Director of
Electric Utility Doug Peebles responded the devices are used to mitigate line outages.
Mr. Peebles clarified line fusing with Council Member Bethea.
Council Member Dreyer asked what the life span is of the device. Mr. Peebles responded
he does not know; however, the new device technology has greatly benefited the City.
There being no further discussion the motion carried by roll call vote.
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RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Ire J. Bethea Sr
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8b. Approve award of a two-year contract with Carmeuse Lime & Stone, Inc., for the supply
and delivery of quicklime with an aggregate expenditure not to exceed $2,287,818
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Ire J. Bethea Sr
SECONDER: Jay A. Musleh
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8c. Approve award of a two-year contract with American Pipe & Tank, Inc., for the
provision of wastewater tanker services with an aggregate expenditure not to exceed
$100,000
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Barry Mansfield
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8d. Approve the award of a contract to Blackwater Construction Services, LLC. for the
construction of the Wetland Open Pavilion Project in the amount of $447,317, plus 9%
contingency of $40,259, for a total expenditure not to exceed $487,576
Council Member Musleh asked what the City is building. City Engineer & Director of
Water resources Sean Lanier responded the City plans on building an open air pavilion.
Council Member Mansfield asked if the City holds the contingency. Mr. Lanier
responded yes; the City holds a 9% contingency.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Jay A. Musleh
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8e. Approve a Developer’s Agreement between the City of Ocala and the School Board of
Marion County for the design and construction of a water main extension on NE 35th
Street totaling $255,090
There being no discussion the motion carried by roll call vote.
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RESULT: APPROVED
MOVER: Jay A. Musleh
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8f. Approve a two-year contract with Airgas USA, LLC, for the provision of liquid carbon
dioxide supply and delivery services with an estimated aggregate expenditure amount of
$235,200
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Ire J. Bethea Sr
SECONDER: Jay A. Musleh
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8g. Approve a three-year contract with PMA Management Corp. for third-party liability
claims management services in the amount of $802,239
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Jay A. Musleh
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8h. Approve the purchase of additional LIFEPAK defibrillators from Stryker Sales
Corporation using Federal Emergency Management Agency grant funds resulting in an
additional contract expenditure of $388,342
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Ire J. Bethea Sr
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
8i. Approve a three-year airport hangar lease renewal with the Florida Department of
Agriculture & Consumer Services with a receivable amount of $155,336
There being no discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Kristen M. Dreyer
SECONDER: Barry Mansfield
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
9. Consent Agenda
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Consent Agenda items are considered to be routine and will be enacted by one roll call vote.
There will be no separate discussion of these items unless members of Council or the public
request specific items to be removed for separate discussion and action.
RESULT: APPROVED THE CONSENT AGENDA
MOVER: Ire J. Bethea Sr
SECONDER: Kristen M. Dreyer
AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr
9a. Accept a grant agreement with the Florida Department of Law Enforcement for the
purchase of equipment for community outreach purposes in the amount of $25,100
9b. Adopt Budget Resolution 2023-129 to appropriate grant funds from the Florida
Department of Law Enforcement for the purchase of equipment for community outreach
purposes in the amount of $25,100
9c. Approve Amendment No. 1 to Agreement No. LPS0025 between the Florida Department
of Environmental Protection and City of Ocala for the Foxwood Farms Water Quality
Improvement Project
9d. Approve the release of a Blanket Electric Easement granted by Armstrong Land, LLC
9e. Approve the release of a Blanket Electric Easement granted to the City of Ocala by Mark
III Industries, Inc
9f. Approve the release of a Blanket Electric Easement granted by Cal Hearthstone Lot
Option Pool 01, LP
9g. Approve the Partial Release of an Electric Easement granted by L.C. Stevenson
9h. Approve the release of Temporary Construction Easements granted by Bayi, LLC
9i. Outside Counsel Invoices – February, 2023
9j. Approve appointment of Brady Fritz and Antoinette Hunt to the West Ocala
Redevelopment Advisory Committee
9k. Approve Regular Meeting City Council Minutes from March 7, 2023
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
(Second and Final Reading - April 4, 2023)
11a. Introduce Ordinance 2023-43 amending Chapter 34, Article IX, Section 34-201
concerning litter
Introduced By: Barry Mansfield
12. Internal Auditor's Report - None
13. City Manager's Report
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13a. Update on Animal Control
City Manager Pete Lee reported the City met with the County last week. Currently, the
County is reviewing the document, and will submit comments next week. The City plans
on presenting an ordinance in April.
13b. Update on Fire Fee Refund Payments
Director of Finance Emory Roberts reported the City has issued over 67,000 checks,
cleared $55 million, and uncashed $9 million.
Council Member Musleh asked what the duration is for an uncashed check. Mr. Roberts
responded six months.
Council Member Musleh asked how many checks are hitting the 6-month expiration
date. City Manager Pete Lee responded he will report back to Council.
Mr. Roberts noted the public has until July 1st to submit a claim. Furthermore, the
Common Fund with the reserve totals $8.75 million. He clarified the check issuing
process with Council.
Council President Hilty asked if the checks state they expire in six months. Mr. Roberts
responded yes.
13c. Update on Council Strategic Planning Session
City Manager Pete Lee commented the Strategic Planning Session is scheduled on
Tuesday, April 11, 2023, from 8:00 am to 2:00 pm.
Introduction of new CFO, Janice Mitchell
City Manager Pete Lee introduced new CFO, Janice Mitchell.
Vehicle noise complaint letter from Randy Leach
City Manager Pete Lee commented the City received a letter from Randy Leach regarding
vehicle noise on State Road 200. Mr. Leach requested Council take action to remedy the noise
matter. To note, the City has received several noise complaints for areas around the City.
Police Chief Balken reported the department reached out to Mr. Leach to address the concern.
Currently, the department does not have the manpower to staff the traffic unit.
Council Member Dreyer requested more information regarding the department’s enforcement of
the noise ordinance for vehicles. Police Chief Balken responded the department enforces State
Statutes.
Council President Hilty asked if the department uses equipment to measure noise. Police Chief
Balken responded the State Statutes prohibit the public from modifying their exhaust system to
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increase noise.
Council President Hilty asked if the department has received noise complaints for O'Calahan's
Pub & Eatery regarding outdoor band noise. Police Chief Balken responded no; the department
has not received any noise complaints; however, the department receives noise complaints
regarding fireworks at the Symphony.
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 20, 2023 to
March 5, 2023. The Police Departments Opioid response efforts 7, overdose deaths 1, Narcan
leave behind 2, and Amnesty participation 3. Furthermore, the Police Department is working
with Federal partners to combat illegal drugs in the City.
Council Member Dreyer asked if the department is aware of the fentanyl tranquilizer. Police
Chief Balken responded yes; the drug unit is working hard to combat illegal drugs in the City.
Deputy Fire Chief Richard Lietz - Public Safety Opioid Response Efforts & Community
Paramedicine
Deputy Fire Chief Lietz discussed the public safety Opioid response efforts and community
paramedicine program. The overdose response efforts 2, overdose deaths 0, and Narcan leave
behind 0. Year to date, 439 OD2A Program participants, 247 community paramedicine
graduates, 7 Narcan trainees, and 6,727 calls for service.
15. Mayor's Report
Field house repair at Booster Stadium meeting scheduled on Friday, March 31, 2023
Mayor Guinn commented the School Board will be meeting to discuss Booster Stadium the field
house repairs on Friday, March 31, 2023. The community is greatly interested in supporting the
renovation project.
16. City Attorney's Report - None
17. Informational Items
17a. Calendaring Items
- Golf Cart Map Expansion Public Meetings - Thursday, March 30 at Noon and 5:30pm at
Florida Institute for Human & Machine Cognition (IHMC), 15 SE Osceola Ave.
17b. Comments by Mayor
Mayor Guinn commented on item 6g
Mayor Guinn requested clarification regarding the service calls for Jonya Group, LLC. Planning
Director Patricia Hitchcock explained the report for services includes all businesses listed at the
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center. She noted the City issues a one-year probation period for new licenses.
Council Member Dreyer asked if the City can retrieve the applicant's emergency services history
at their previous location. Planning Director Patricia Hitchcock responded yes.
17c. Comments by Council Members
17d. Informational
17d1. Executed Contracts Under $50,000
18. Adjournment
Adjourned at 6:53 pm.
Minutes
_______________________________ ________________________________
James P. Hilty Sr. Angel B. Jacobs
Council President City Clerk
Page 15 of 15
Agenda
Ocala City Council Agenda - Final
Tuesday, March 21, 2023
Meeting Information WELCOME!
Location
Citizens are encouraged to participate in City of Ocala
Ocala City Hall meetings. Speaker cards should be filled out in advance and
110 SE Watula Avenue submitted to the City Clerk. Speakers will be limited to 3
Second Floor - Council Chambers (three) minutes. Additional time may be granted by the Council
Ocala, Florida President. When recognized, state name and address. Citizen
https://ocalafl.org/meetings
groups are asked to name a spokesperson.
Time The City of Ocala encourages civility in public discourse and
4:00 PM requests that speakers limit their comments to specific motions
and direct their comments to the Council. Cell phones should be
Council Members
James P. Hilty Sr., Council President turned off or set to vibrate.
Barry Mansfield, Pro Tem
Ire Bethea Sr. The order of agenda items may be changed if deemed
Kristen Dreyer appropriate by City Council.
Jay A. Musleh
Mayor Citizens are encouraged to provide comments in writing to the
Reuben Kent Guinn City Clerk before meetings for inclusion into the
public record. Citizens may also provide input to individual
City Manager council members via office visits, phone calls, letters and
Peter Lee
e-mail that will become public record. In some instances, i.e.,
Quasi-Judicial Hearings, these particular contacts may be
prohibited.
Mission Statement
The City of Ocala provides fiscally APPEALS
responsible services consistent with the Any person who desires to appeal any decision at this meeting
community's current and future will need a record of the proceedings and for this purpose may
expectations. need to ensure that a verbatim record of the proceedings is
made that includes the testimony and evidence upon which the
appeal is made.
City Council's
Strategic Priorities ADA COMPLIANCE
If reasonable accommodations are needed for you to participate
Priority 1: Economic hub in this meeting, please call the City Manager’s Office at
Priority 2: Fiscally sustainable 352-629-8401 at least 48 hours in advance so arrangements can
Priority 3: Engaged workforce
be made.
Priority 4: Operational excellence
Priority 5: Quality of place
City Council Agenda - Final March 21, 2023
a. Opening Ceremony
1. Invocation
2. Pledge of Allegiance
b. Welcome and Roll Call
c. New Employees
- Martin Hall - Information Technology
- Skyler Nave - Electric Utility
- Demetrius Bracey - Ocala Fiber Network
- Justin Sanders - Ocala Fiber Network
2. Public Notice
3. Proclamations & Awards
3a. Developmental Disabilities Awareness Month Proclamation will be
presented to Lucy Johnson, Transitions Life Center Executive
Director, and to Meg Dickens, Transitions Life Center Program
Manager
4. Presentations
4a. The Meals on Wheels Program through the National March for Meals
Campaign will be presented by Marion Senior Services Executive
Director Jennifer Martinez
4b. Lucy Johnson, Transitions Life Center Executive Director, will give a
presentation of services offered for Marion County residents with
intellectual/developmental disabilities
5. Public Comments
6. Public Hearings
6a. Adopt Ordinance 2023-41 concerning a rezoning to PD, Planned
Development for properties located on the east side of SW 60th
Avenue (Parcels 23817-002-00 and 23817-002-02), between SW 31st
Street and SW 38th Street, approximately 61.4 acres (Case
PD22-44929) (Quasi-Judicial)
Presentation By: Patricia Hitchcock
Introduced by: Barry Mansfield
6b. Adopt Resolution 2023-19 concerning a PD, Planned Development, RES-2023-19
located on the east side of SW 60th Avenue, between SW 31st Street
and SW 38th Street (23817-002-00) (23817-002-02) (PD22-44929)
(Quasi-Judicial)
Presentation By: Patricia Hitchcock
Page 1 of 7
City Council Agenda - Final March 21, 2023
6c. Adopt Resolution 2023-20 to allow Infinite Ale Works to extend its RES-2023-20
license for beer and wine onto SW Third Street (SW First Avenue to
South Magnolia Avenue) for a fundraiser sponsored by the Junior
League of Ocala (“Pints for Parks”) on Saturday, April 15, 2023, from
2 p.m. to 6 p.m.
Presentation By: Tye Chighizola
6d. Adopt Resolution 2023-21 to allow the Marion County Builders’ RES-2023-21
Association to temporarily permit the consumption of beer and wine
on SE Osceola Ave (SE Osceola Ave from south of SE Broadway St to
Citizen Circle and on E Fort King St from west of the parking garage
entrance to SE First Ave) for a fundraiser sponsored by the Marion
County Builders’ Association (“King of the Wing”) on Tuesday,
March 28, 2023, from 5 to 8 p.m.
Presentation By: Tye Chighizola
6e. Approve the sale of beer and wine for off-premises consumption for
Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766
located at 2614 NE 14th Street (Quasi-Judicial)
Presentation By: Tye Chighizola
6f. Approve the sale of beer and wine for off-premise consumption for
Family Dollar Stores of Florida, LLC d/b/a Family Dollar #10279
located at 990 NW 15th Ave (Quasi-Judicial)
Presentation By: Tye Chighizola
6g. Approve the sale of beer and wine for on-premise consumption for
Jonya Group, LLC d/b/a Meeple Movers located at 3101 SW 34th Ave
#803 (Quasi-Judicial)
Presentation By: Tye Chighizola
6h. Adopt Ordinance 2023-33 to change the Future Land Use Designation
from Public to Medium Intensity/Special District, for property located
on the south side of NW 35th Street in the 2100-2400 block (currently
a water retention area); approximately 5.83 acres. (LUC22-45057)
(Postponed from the February 21, 2023, City Council meeting -
Request to Withdraw Ordinance 2023-33)
Presentation By: Patricia Hitchcock
Introduced by: Ire J. Bethea Sr
Page 2 of 7
City Council Agenda - Final March 21, 2023
6i. Adopt Ordinance 2023-34 concerning a rezoning from GU,
Government Use, to PD, Planned Development, for property located
on the south side of NW 35th Street in the 2100-2400 block (currently
a water retention area), approximately 5.83 acres (PD22-44861)
(Quasi-Judicial) (Postponed from the February 21, 2023, City Council
meeting - Request to Withdraw Ordinance 2023-34)
Presentation By: Patricia Hitchcock
Introduced by: Jay A. Musleh
6j. Adopt Resolution 2023-17 concerning a PD, Planned Development,
located on the south side of NW 35th Street in the 2100-2400 block
(currently a water retention area), approximately 5.83 acres; and to
amend the previously approved West Oak Planned Development (PD)
plan for property (former Pine Oaks Golf Course) located south of NW
35th Street, east of NW 27th Avenue, north of NW 21st Street and
west of CSX railroad, approximately 220.23 acres (PD22-44861)
(Quasi-Judicial) (Postponed from the February 21, 2023, City Council
meeting - Request to Withdraw Resolution 2023-17)
Presentation By: Patricia Hitchcock
6k. Approve a Concurrency Development Agreement (CDA22-45035) to
address capacity reservation and proportionate share contributions for
required traffic improvements identified in the traffic study for the
West Oak Planned Development located south of NW 35th Street, east
of NW 27th Avenue, north of NW 21st Street and west of CSX
railroad, approximately 213.2 acres (This is the second of two public
hearings. The first public hearing was held on January 9, 2023, with
the Ocala Planning and Zoning Commission. The second public
hearing was postponed at the February 21, 2023, City Council meeting
-- Request to Withdraw CDA22-45035)
Presentation By: Patricia Hitchcock
6l. Request to waive the one-year waiting period as required by Section
122-134 to allow resubmittal of the West Ocala PD Rezoning/Plan
Presentation By: Patricia Hitchcock
7. Second and Final Reading of Ordinances
(All are Public Hearings)
Page 3 of 7
City Council Agenda - Final March 21, 2023
7a. Adopt Ordinance 2023-38 annexing property located at 3137 NE
Jacksonville Road along with the parcel located directly to the south,
approximately 1.67 acres (ANX22-45056) (Quasi-Judicial)
Presentation By: Jeff Shrum
Introduced by: Jay A. Musleh
7b. Adopt Ordinance 2023-39 amending a future land use designation
from Commercial (County) to Neighborhood (City) for property
located at 3137 NE Jacksonville Road along with the parcel located
directly to the south, approximately 1.67 acres (LUC22-45067)
Presentation By: Jeff Shrum
Introduced by: Ire J. Bethea Sr
7c. Adopt Ordinance 2023-40 concerning a rezoning from B-2,
Community Business (County) and B-5, Heavy Business (County), to
R-3, Multi-Family (City), for property located at 3137 NE Jacksonville
Road along with the parcel located directly to the south, approximately
1.67 acres (ZON22-45068) (Quasi-Judicial)
Presentation By: Jeff Shrum
Introduced by: Barry Mansfield
7d. Adopt Ordinance 2023-42 to rezone from B-2, Community Business,
to INST, Institutional, for property located at 1820, 1858, and 1914
SW 27th Avenue, approximately 4.93 acres (Case ZON23-45070)
(Quasi-Judicial)
Presentation By: Jeff Shrum
Introduced by: Kristen M. Dreyer
8. General Business
8a. Approve the purchase of S&C Electric’s TripSaver II and Eaton’s
Nova Triple-Single reclosers in the estimated amount of $220,000
Presentation By: Doug Peebles
8b. Approve award of a two-year contract with Carmeuse Lime & Stone,
Inc., for the supply and delivery of quicklime with an aggregate
expenditure not to exceed $2,287,818
Presentation By: Sean Lanier
8c. Approve award of a two-year contract with American Pipe & Tank,
Inc., for the provision of wastewater tanker services with an aggregate
expenditure not to exceed $100,000
Presentation By: Sean Lanier
Page 4 of 7
City Council Agenda - Final March 21, 2023
8d. Approve the award of a contract to Blackwater Construction Services,
LLC. for the construction of the Wetland Open Pavilion Project in the
amount of $447,317, plus 9% contingency of $40,259, for a total
expenditure not to exceed $487,576
Presentation By: Sean Lanier
8e. Approve a Developer’s Agreement between the City of Ocala and the
School Board of Marion County for the design and construction of a
water main extension on NE 35th Street totaling $255,090
Presentation By: Sean Lanier
8f. Approve a two-year contract with Airgas USA, LLC, for the provision
of liquid carbon dioxide supply and delivery services with an estimated
aggregate expenditure amount of $235,200
Presentation By: Sean Lanier
8g. Approve a three-year contract with PMA Management Corp. for
third-party liability claims management services in the amount of
$802,239
Presentation By: Devan Kikendall
8h. Approve the purchase of additional LIFEPAK defibrillators from
Stryker Sales Corporation using Federal Emergency Management
Agency grant funds resulting in an additional contract expenditure of
$388,342
Presentation By: Richard Lietz
8i. Approve a three-year airport hangar lease renewal with the Florida
Department of Agriculture & Consumer Services with a receivable
amount of $155,336
Presentation By: Matthew Grow
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.
9a. Accept a grant agreement with the Florida Department of Law
Enforcement for the purchase of equipment for community outreach
purposes in the amount of $25,100
Presentation By: Michael Balken
Page 5 of 7
City Council Agenda - Final March 21, 2023
9b. Adopt Budget Resolution 2023-129 to appropriate grant funds from BR-2023-129
the Florida Department of Law Enforcement for the purchase of
equipment for community outreach purposes in the amount of $25,100
Presentation By: Tammi Haslam
9c. Approve Amendment No. 1 to Agreement No. LPS0025 between the
Florida Department of Environmental Protection and City of Ocala for
the Foxwood Farms Water Quality Improvement Project
Presentation By: Sean Lanier
9d. Approve the release of a Blanket Electric Easement granted by
Armstrong Land, LLC
Presentation By: Tracy Taylor
9e. Approve the release of a Blanket Electric Easement granted to the City
of Ocala by Mark III Industries, Inc
Presentation By: Tracy Taylor
9f. Approve the release of a Blanket Electric Easement granted by Cal
Hearthstone Lot Option Pool 01, LP
Presentation By: Tracy Taylor
9g. Approve the Partial Release of an Electric Easement granted by L.C.
Stevenson
Presentation By: Tracy Taylor
9h. Approve the release of Temporary Construction Easements granted by
Bayi, LLC
Presentation By: Tracy Taylor
9i. Outside Counsel Invoices – February, 2023
Presentation By: William E. Sexton
9j. Approve appointment of Brady Fritz and Antoinette Hunt to the West
Ocala Redevelopment Advisory Committee
Presentation By: Aubrey Hale
9k. Approve Regular Meeting City Council Minutes from March 7, 2023
Presentation By: Angel Jacobs
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
(Second and Final Reading - April 4, 2023)
Page 6 of 7
City Council Agenda - Final March 21, 2023
11a. Introduce Ordinance 2023-43 amending Chapter 34, Article IX, ORD-2023-43
Section 34-201 concerning litter
12. Internal Auditor's Report - None
13. City Manager's Report
13a. Update on Animal Control
13b. Update on Fire Fee Refund Payments
13c. Update on Council Strategic Planning Session
14. Police and Fire Department Report
15. Mayor's Report
16. City Attorney's Report
17. Informational Items
17a. Calendaring Items
- Golf Cart Map Expansion Public Meetings - Thursday, March 30 at Noon and 5:30pm at
Florida Institute for Human & Machine Cognition (IHMC), 15 SE Osceola Ave.
17b. Comments by Mayor
17c. Comments by Council Members
17d. Informational
17d1. Executed Contracts Under $50,000
18. Adjournment
Page 7 of 7
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