City Council

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.gov Minutes Tuesday, November 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 Municipal Officers/Others Present: The meeting was also attended by City Manager Peter Lee, City Attorney William Sexton, Assistant City Clerk Ken Whitehead, City Clerk Angel Jacobs, Deputy City Clerk Pamela Omichinski, Fire Chief Clint Welborn, Police Chief Michael Balken, Internal Auditor Randall Bridgeman, Assistant Finance Director Peter Brill, City Projects Director Tye Chighizola, Sanitation Division Head Dwayne Drake, Multimedia & Communications Coordinator Danielle Dyals, Director of Airport Matthew Grow, HR/Risk Management Director Devan Kikendall, Planning Director Aubrey Hale, Community Development Services Director James Haynes, City Engineer & Director of Water Resources Sean Lanier, Chief Financial Officer Janice Mitchell, Director of Public Works Darren Park, Director of Electric Utility Doug Peebles, Director of Parks & Recreation Preston Pooser, IT Director Christopher Ramos, Strategic & Legislative Affairs Administrator Jeannine Robbins, Procurement & Contracting Officer Daphne Robinson, Growth Management Director Jeff Shrum, Real Estate Project Manager II Tracy Taylor, Chief of Staff Chris Watt, Ocala Police Dept Representative, IT Representative, The Press and other interested parties. 2. Public Notice Public Notice for the November 21, 2023 City Council Regular Meeting was posted on October 2, 2023 3. Proclamations & Awards 3a. Joseph Allen - Ocala Electric Utility - 15 Years of Service RESULT: POSTPONED 3b. Henry Pearson - Ocala Electric Utility - 15 Years of Service Page 1 of 8 City Council Minutes November 21, 2023 City Manager Pete Lee and Mayor Guinn presented a service award to Henry Pearson in appreciation of his 15 years of service to the City of Ocala. 3c. Nicholas Rector - Ocala Electric Utility - 15 Years of Service City Manager Pete Lee and Mayor Guinn presented a service award to Nicholas Rector in appreciation of his 15 years of service to the City of Ocala. 4. Presentations 5. Public Comments Council President Hilty commented on the Light Up Ocala event Council President Hilty expressed concern regarding backlash from the press regarding not being allowed entry to an area closed off to the public for the tree lighting during Light Up Ocala to take pictures. The decision to deny the press entry was not by City Council, the Mayor, or City Manager. President Hilty expressed concerns of a low-level employee making a decision that impacts all of Council. City Manager Pete Lee stated the press was not denied access to the event. Various media outlets had access to the event to take pictures. He debriefed Council on the false incident report, as a City employee prohibited the press from accessing an unsafe area with electric equipment, which was restricted to the public. Council Member Dreyer spoke in opposition of terminating the employee. She expressed disappointment regarding Council President Hilty labeling the City employee a “low-level employee”. Furthermore, the City should focus on important public issues, such as affordable housing. City Manager Pete Lee stated the City will make improvements for future events to mitigate confusion. Council Member Bethea encouraged Council to move forward, not focus on the past. Council Member Musleh concurs with Council Member Dreyer’s comments regarding not terminating the City employee. 6. Public Hearings 6a. Open a public hearing concerning Resolution 2024-4 making certain findings and designating the real property located on the south side of NW 35th Street, approximately 493 feet in the 2100-2400 block, Ocala, Marion County, as a brownfield area pursuant to Section 376.80(2)(C), Florida Statutes. This is the first of two public hearings. The second public hearing will be held Tuesday, December 5, 2023 Planning Director Aubrey Hale discussed Resolution 2024-4 for the real property located on the south side of NW 35th Street. The resolution will incorporate the acreage into the Brownfield area. The second public hearing is scheduled on Tuesday, December 5, 2023; staff recommends approval. Page 2 of 8 City Council Minutes November 21, 2023 7. Second and Final Reading of Ordinances (All are Public Hearings) 7a. Adopt Ordinance 2024-7 amending Land Development Regulations Section 122-1225 regarding materials recovery facility (MRF) criteria Introduced By: Kristen M. Dreyer Attorney Robert Batsel, 1531 SE 36th Avenue, Ocala, FL 34471, stated he is representing the applicant. He explained the ordinance would allow for MRF's within an industrial area to operate without the full buffer zone required for MRF's located closer to residential areas. Council Member Bethea spoke on his positive experience touring the facility. He expressed concern regarding regulation of material recovery facilities. Mr. Batsel clarified the clean-up of language in the ordinance by City staff. The proposed amendment will require facilities to comply with the buffer regulation, if located within 750 feet of residential homes. Furthermore, facilities not located within 750 feet, will follow standard buffer requirements in the Zoning Code. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8. General Business 8a. Approve renewal of the contract for fire hydrant and valve installation, repair, and maintenance services with R & M Service Solutions, LLC with an estimated annual expenditure of $200,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8b. Approve a two-year agreement with Polydyne, Inc., to supply liquid polymer to the treatment plants with an aggregated expenditure of $450,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Ire J. Bethea Sr Page 3 of 8 City Council Minutes November 21, 2023 SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8c. Approve the Fiscal Year 2023-24 annual renewal of maintenance for Getac in-car video and body camera computer aided hardware and software in an amount not to exceed $229,728 Council Member Mansfield questioned how long the data is maintained. Police Chief Mike Balken explained there is an automatic drop period for data collected during routine police work. The data collected related to a case that will be presented to the State Attorney is maintained indefinitely or until that case is processed through the Courts. 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 8d. Approve the Fiscal Year 2023-24 Palo Alto Firewall hardware and software renewal in the amount of $126,566 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 8e. Approve execution of the Property Purchase Term Sheet for the sale of 115 acres of non-aviation property at the Ocala International Airport to InSite Real Estate Investment Properties, LLC (InSite), in the amount of $11,500,000 Airport Director Matthew Grow confirmed the sale profits will be used for airport capital projects with Council Member Mansfield. The majority of the projects listed on the 10-year Capital Improvement Plan are grant funded by FDOT and FAA. Council Member Musleh stated the proposal is considered a letter of intent, as the City received no down payment from InSite Real Estate Investment Properties, LLC. The sale will generate property tax revenue and create more job opportunities in the City. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer Page 4 of 8 City Council Minutes November 21, 2023 AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8f. Approve final one-year renewal with Top Quality Lawn Maintenance, LLC, for stormwater grounds maintenance services for southeast and southwest drainage retention areas with an estimated annual expenditure of $197,274 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8g. Approve W. James Gooding, III to retroactively represent CGMK 20WSSB, LLC in connection with the purchase of 20 West Silver Springs Boulevard and a portion of the adjacent alley Jimmy Gooding, 1531 SE 36th Avenue, requested retroactive permission to represent the buyer. He debriefed Council on a past memo he prepared in 2013, as an Attorney with the City and commented the resolution of the sale was in-line with the original intent of the memo and resolves any concerns over who owns the alleyway. Mayor Guinn clarified that the courtyard is owned by Mr. Carrasco. Mr. Gooding agreed and explained his client is purchasing an encroachment. 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 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. RESULT: APPROVED THE CONSENT AGENDA MOVER: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 9a. Approve Task Work Order with Kimley-Horn and Associates, Inc., for engineering services related to wastewater and onsite sewage treatment and disposal systems remediation plan in the amount of $65,000 9b. Approve agreement with Marion County for the Marketing Assistance Funding Program in an amount not to exceed $3,300 Page 5 of 8 City Council Minutes November 21, 2023 9c. Adopt Budget Resolution 2024-114 amending the Fiscal Year 2023-24 budget to appropriate funding from Marion County for the Marketing Assistance Funding Program Reimbursement in an amount not to exceed $3,300 9d. Approve request from the Florida Department of Environmental Protection to enter a City-owned parcel to assess and remediate possible contamination and authorize the City Manager to sign permission form 9e. Approve the partial release of blanket utility easements granted to the City of Ocala affecting Parcel Numbers 29509-000-27 and 29509-000-28 9f. Approve the release of an electric easement granted to the City of Ocala by HH Ocala Development, LLC 9g. Approve a lease with Ocala Main Street for the American Legion Building with an initial term of five years and two renewal periods of five years each 9h. Approve the Second Amendment to City Redevelopment Agreement for Brick City Residences & Shops, LLC 9i. Approve one-year renewal with Squeekie Klean Landscaping, LLC for East State Road 40 right-of-way and median grounds maintenance services with an annual expenditure of $36,000 9j. Approve agreement to accept and appropriate grant funds from the Florida Department of Law Enforcement to purchase pole cameras in the amount of $30,000 9k. Adopt Budget Resolution 2024-115 amending the Fiscal Year 2023-24 budget to accept and appropriate funds from the Florida Department of Law Enforcement to purchase pole cameras in the amount of $30,000 9l. October 2023 outside counsel invoices for general city business legal services in the amount of $1,017.50 and for risk management-related legal services in the amount of $17,387.26 9m. Approve City Council Minutes from November 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 - December 5, 2023) 11a. Introduce Ordinance 2024-8 Amending Section 43-21, Code of Ordinances, City of Ocala, Florida, and Section 43-111, Code of Ordinances, City of Ocala, Florida; Providing for the Calculation of Earnable Compensation on a Calendar Year Basis Introduced By: Ire J. Bethea Sr 12. Internal Auditor's Report - None 13. City Manager's Report City staff hosted a successful Light Up Ocala event Page 6 of 8 City Council Minutes November 21, 2023 14. Police and Fire Department Report Police Chief Mike Balken – Public Safety Opioid Response Efforts Police Chief Mike Balken discussed the public safety Opioid response efforts for November 6, 2023 to November 19, 2023. The Police Departments Opioid response efforts 9, overdose deaths 0, Narcan leave behind 2, and Amnesty participation 0. The Police Department is preparing for the Christmas parade scheduled for December 9, 2023. Furthermore, he provided a brief overview of the department’s recruitment efforts. Fire Chief Clint Welborn – Public Safety Opioid Response Efforts & Community Paramedicine Fire Chief Client Welborn discussed the public safety Opioid response efforts and community paramedicine program, for November 6, 2023 to November 19, 2023. The overdose response efforts 6, overdose deaths 0, Narcan leave behind 0, emergency calls 1,501, unit responses 2,368, structure fires 8, and 106 motor vehicle accidents. 15. Mayor's Report 16. City Attorney's Report 16a. Authorization to Opt Out of the Proposed DuPont and 3m Class Action Settlements in the multi-district litigation concerning aqueous film-forming foam products containing per- and polyfluoroalkyl substances (PFAS) and authorization to the Council President to execute documents necessary to effectuate the same City Attorney Sexton discussed the PFAS litigation. Outside Counsel is waiting for an answer from the City regarding opting out of the class action settlements. The deadline to opt out is December 4, 2023. Outside class and local Counsel recommend the City Council opt out of the class action settlements. Furthermore, he recommends Council opt out at this time. Attorney Charles Foreman, 1301 NE 14th Street, stated he filed the lawsuit on behalf of the City. Furthermore, he supports Council's decision to opt out of the class action settlements. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 17. Informational Items a. Calendaring Items - Thanksgiving Day Holiday - Thursday, November 23 and Friday, November 24, 2023 - City Offices Closed b. Comments by Mayor Page 7 of 8 City Council Minutes November 21, 2023 Mayor Guinn reminisced about past council members, city managers, and mayors he has served alongside in his 24 years on City Council c. Comments by Council Members Council Member Bethea commented on the Fallen Firefighter Memorial event and Light Up Ocala Council Member Bethea shared his wonderful experience attending the Fallen Firefighter Memorial event and Light Up Ocala. Furthermore, he recognized the Ocala Police Department and City staff for their hard work in the community. Council Member Dreyer read a positive letter regarding Ocala Electric Utility Council Member Dreyer commented on affordable housing Council Member Dreyer stated phase two of the Oak Valley affordable housing project is underway. The City is working with the County on affordable housing projects. Furthermore, she thanked City staff for their hard work. Council Member Mansfield commented Light Up Ocala was great Council Member Mansfield stated the City hosted a successful Light Up Ocala event. City Manager Pete Lee confirmed the parking meters will be bagged for the holidays. Furthermore, the City is evaluating signage for meter and lot parking. Council Member Musleh commented Light Up Ocala was great Council Member Musleh complimented Mayor Guinn on 24 years of service d. Informational 17d.1. Executed Contracts Under $50,000 18. Adjournment Adjourned at 5:14 pm Minutes _______________________________ ________________________________ James P. Hilty Sr. Angel B. Jacobs Council President City Clerk Page 8 of 8