City of Gainesville
City Commission Regular Meeting
AGENDA

Thursday, March 07, 2024 at 10:00 A.m. - 10:00 P.m.

City Hall Auditorium

200 East University Avenue

Gainesville, FL 32601

 

Commission Members

Mayor Harvey L. Ward, Jr.

Mayor Pro Tempore Cynthia Moore Chestnut (At Large, Seat B)

Reina Saco (At Large, Seat A)

Desmon Duncan-Walker (District 1)

Ed Book (District 2)

Casey Willits (District 3)

Bryan Eastman (District 4)

 

The City Commission makes policy and conducts City business in an open forum. For information on how to attend the meeting and submit public comment, visit the City Agendas & Meetings website. 

Neighbors are welcome to attend meetings in person. Seating capacity may be limited. Fill out a comment card and give it to the meeting clerk to request to speak. Speakers will be called to share their comments in the order of sign-up.

 

The City Hall Auditorium and Roberta Lisle Kline Conference Room are equipped with hearing loop assistive listening systems. When using your own hearing aid, you must switch your device to Telecoil or “T” mode. If your hearing aid does not have a Telecoil mode, broadcast staff can provide a headset.

 

If you have a disability and need accommodation in order to participate in this meeting, please contact the Office of Equity and Inclusion at [phone] at least two business days in advance. TTY (Text Telephone Telecommunication Device) users please call 711 (Florida Relay Service). For Speech to Speech (STS) relay, please call 1-877-955-5334. For STS Spanish relay, please call 1-877-955-8773.  For STS French Creole relay, please call 1-877-955-8707.

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A.

CALL TO ORDER

Agenda Statement: The City of Gainesville encourages civil public speech. The Gainesville City Commission expects each person entering this chamber to treat others with respect and courtesy. Speakers are expected to focus on agenda items under discussion and avoid personal attacks or offensive comments. Threatening language is not allowed. Anyone who repeatedly disrupts the proceedings will be asked to leave. Signs, props, posters, food, and drink should be left outside the auditorium.

B.

INVOCATION

Rabbi David Kaiman, Congregation B'nai Israel

C.

ADOPTION OF THE AGENDA

Includes Consent and Regular Agenda Items

D.

CONSENT AGENDA

1.

Approval of Minutes from the February 15, 2024 City Commission Meeting (B)

• Recommendation: The City Commission approve the minutes from the February 15, 2024 meeting.

2.

2024-183 Business Improvement Grant Award Recommendation for Akira Wood (B)

Department: Gainesville Community Reinvestment Area

Description: Akira Wood has submitted an application requesting grant funds of $150,000.00 under the Gainesville Community Reinvestment Area’s Business Improvement Grant Program for improvements to the Baird Hardware Warehouse (the main building located at South Main Station), a National Register-listed historic property located at 619 South Main Street.

Fiscal Note: Funding is available in the Gainesville Community Reinvestment Area’s Fund FY 2024 operating budget.

• Recommendation: The City Commission approve Akira Wood Inc.’s Business Improvement Grant application totaling $150,000.00.

3.

2024-173 Appointments to the City Commission Advisory Boards and Committees (B)

Department: Office of the City Clerk

Fiscal Note: This item has no fiscal impact.

• Recommendation: The City Commission appoint:
  - Laura Triulzi to the Bicycle Pedestrian Advisory Board for a term expiring December 1, 2026.
  - Bryce Donner and Nathaniel Pelton to the City Beautification Board for a term expiring November 1, 2026.
  - Bonnie Losak to the Nature Centers Commission for a term expiring November 1, 2026.
  - Michael Lim to the Regional Transit System Advisory Board for a term expiring September 30, 2026.

4.

2024-174 Resignation of Braxton Linton from the Development Review Board, Raymond Brady from the Bicycle Pedestrian Advisory Board and Curtis Reynolds from the Gainesville-Alachua County Regional Airport Authority (B)

Department: Office of the City Clerk

Fiscal Note: This item has no fiscal impact.

• Recommendation: The City Commission accept the resignations of Braxton Linton, Raymond Brady and Curtis Reynolds effective immediately.

5.

2024-175 Use of State Forfeiture Funds for the Gainesville Police Department Drug Task Force Building Renovations (NB)

Department: Gainesville Police Department

Description: Request for the City Commission to approve the use of State Forfeiture Funds in an amount not to exceed $70,000 to supplement previously appropriated City funds for the renovation of the Drug Task Force building.

Fiscal Note: The total cost of the renovations is $792,270. There is $70,000 available in the State Law Enforcement Contraband Forfeiture Fund and $722,270 in the General Capital Projects Fund ($589,000 Drug Task Force Building project and $133,270 in the GPD Parking Lot Repaving & Security) for the renovations. There is a separate agenda item for the City Commission to approve a Guaranteed Maximum Price Agreement for these renovations.

• Recommendation: The City Commission approve the requested use of State Forfeiture Funds in an amount not to exceed $70,000 for the Drug Task Force building renovations.

6.

2024-185 Invitation to Bid Award Recommendation for Lawn Maintenance at GRACE Marketplace (B)

Kathleen Walston Pagan

I encourage the planting of as many edible fruit trees as possible on the GRACE grounds. Also with more funding GRACEGrows could add more edible beds. Train the people there to grow and maintain gardens.

Department: Public Works

Description: Request for the City Commission to award the Invitation to Bid to Big Sherm Lawn Service for lawn maintenance for the City of Gainesville property located at 3055 NE 28th Dr., also known as GRACE Marketplace and includes a one-time cleanup cost along the north perimeter fence.

Fiscal Note: The total price of $188,600.00 includes a one-time cleanup cost of $2,600. The annual service cost, after the one time cleanup cost, is $37,200. The cost for these services is budgeted for in the Public Works Department FY 2024 operational budget. It is partially reimbursed to the City by the Alachua County Coalition for the Homeless and Hungry in their monthly charge for Common Area Maintenance. The current reimbursement for lawn maintenance from Alachua County Coalition for the Homeless and Hungry is $25,668 of the annual cost (69%).

• Recommendation: The City Commission 1) award the Invitation to Bid #FMGT-240013-GD to Big Sherm Lawn Service; and 2) authorize the City Manager, or designee, to negotiate and enter into an agreement with Bid Sherm Lawn Service for Grounds Maintenance at GRACE Marketplace) in the amount of $188,600 total for a five year term, subject to approval by the City Attorney or designee as to form and legality.

7.

2024-186 Gainesville Police Department Drug Task Force Building Renovations Guaranteed Maximum Price (B)

Department: Public Works

Description: Request for approval of a Guaranteed Maximum Price Agreement with Oelrich Construction, Inc. for Gainesville Police Department Interior Renovations at the Drug Task Force Building.

Fiscal Note: The total cost of the renovations is $792,270. There is $70,000 available in the State Law Enforcement Contraband Forfeiture Fund and $722,270 in the General Capital Projects Fund ($589,000 Drug Task Force Building project and $133,270 in the GPD Parking Lot Repaving & Security) for the renovations. There is a separate agenda item to consider the use of the forfeiture fund for the project and a future budget amendment to reallocate the funding to the project.

• Recommendation: The City Commission authorize the City Manager or designee enter into a Guaranteed Maximum Price Agreement with Oelrich Construction, Inc. in the amount of $792,270 for Gainesville Police Department Drug Task Force Building Renovations, subject to approval by the City Attorney as to form and legality.

8.

2024-189 Purchase of Real Property for Urban Forest Conservation (B)

EWEN THOMSON

This property will be a valuable asset in conserving the City's trees and protecting Hogtown Creek.

Department: Public Works

Description: Request for the City Commission to approve a Contract for Purchase and Sale of Real Property with Modern Trends Development, LLC for the purpose of Urban Forest conservation efforts.

Fiscal Note: The Tree Mitigation Fund revenue is collected according to the City of Gainesville Code of Ordinances Chapter 30, Article 8, Division 2, Section 30-8.7. Funding for the purchase of this parcel is available in the Tree Mitigation Fund.

• Recommendation: The City Commission authorize the City Manager or designee to execute a Contract for Purchase and Sale of Real Property (including all documents to effectuate a closing) with Modern Trends Development LLC, for the purchase of Tax Parcel 07960-047-000, in the amount of $275,000 plus any associated closing costs, subject to approval by the City Attorney as to form and legality.

9.

2024-201 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Countywide Grant Application (NB)

Department: Gainesville Police Department

Description: Request for City Commission to retroactively approve the application for federal pass-through Edward Byrne Memorial Justice Assistance Grant Countywide from the Florida Department of Law Enforcement.

Fiscal Note: If awarded, the City would receive $28,204.00 and there are no match requirements for the award.

• Recommendation: The City Commission: 1) retroactively approve GPD’s submission of an application for the Florida Department of Law Enforcement (FDLE): Edward Byrne Memorial Justice Assistance Grant (JAG), JAG22 – Countywide Grant, 2) authorize the City Manager or designee to accept the grant if awarded, and 3) authorize the City Manager or designee to execute the Funding Request form, and any other necessary forms/documents, subject to review and approval by the City Attorney as to form and legality.

10.

2024-202 Joseph Demaio v. City of Gainesville; Presuit Claim Arising from an Incident that Occurred in Gainesville, Alachua County, Florida on or about February 14, 2023 (NB)

Department: City Attorney

Description: On February 14, 2023, Mr. Demaio was driving his work van when he was rear-ended by a City bus. He was transported to the hospital by ambulance. Later, he was diagnosed with herniation to multiple discs in his back, along with a claimed potential brain injury. Mr. Demaio underwent an anterior cervical discectomy and fusion (ACDF) surgery, a procedure in which one or more vertebral discs is removed and then the spine is fused back together. Demaio’s claim is that he has incurred approximately $113,000 in medical costs up to this point, and if the case were to proceed to litigation and trial, he would urge the jury to award him compensation for past and future medical expenses and pain and suffering as well. He is 48 years old.  

The City’s liability limit is $200,000 per the application of Florida’s limited waiver of sovereign immunity contained in Section 768.28, Florida Statutes. The City Attorney’s Office and Risk Management Department conducted a thorough evaluation and investigation of this matter. 

Through negotiations with the City Attorney’s Office, Mr. Demaio has agreed to accept $100,000 in full settlement of the claim. Should the matter proceed to trial, a jury would likely be able to consider the cost of Mr. Demaio’s past and future medical expenses, along with his claims of past and future pain and suffering. It is the recommendation of the City Attorney’s Office and the Risk Management Department that the City settle the claim for $100,000, and avoid the risk of greater liability at trial.

Fiscal Note: Funds are available in the City’s General Insurance Fund.

• Recommendation: The City Commission authorize the City Attorney to enter into a settlement agreement to resolve the claim of Joseph Demaio, arising from an incident that occurred on or about February 14, 2023 when the van that Demaio was driving was rear-ended by a City bus.

11.

2024-203 Meshell Ferguson o.b.o. Karen Thorns v. City of Gainesville; Case No. 2019-CA-3220; Eighth Judicial Circuit, in and for Alachua County, Florida (NB)

Department: City Attorney

Description: On January 6, 2017, Ms. Thorns was a passenger on a City bus when another City bus collided with the bus she was riding in. She received medical treatment in connection with this incident, and was later diagnosed with a herniated disc in her back. Later she underwent surgical procedures including nerve root-blocking and ablations, which aim to relieve back pain by essentially burning out the nerve on the spine that transmits pain to the brain. Meshell Ferguson, Ms. Thorns’ sister, has been appointed as guardian over her affairs following health complications. It is claimed that the cost of Ms. Thorns’ past medical care in connection with this case is approximately $98,000.  

The City’s liability limit is $200,000 per the application of Florida’s limited waiver of sovereign immunity contained in section 768.28, Florida Statutes. Through negotiations with the City Attorney’s Office, Plaintiff has agreed to accept $47,500 in full settlement of the claim. Should the matter proceed to trial, a jury would likely be able to consider the fully-billed cost of Ms. Thorns’ past medical expenses, along with her claims of past and future pain and suffering. It is the recommendation of the City Attorney’s Office and the Risk Management Department that the City settle the claim for $47,500, and avoid the risk of greater liability at trial.

Fiscal Note: Funds are available in the City’s General Insurance Fund.

• Recommendation: The City Commission authorize the City Attorney to enter into a settlement agreement to resolve the claim of Meshell Ferguson, on behalf of Karen Thorns, arising from an incident that occurred on or about January 6, 2017 when Karen Thorns was involved in a crash between two City buses.

12.

2024-204 Drainage Easement from City of Gainesville to Alachua County – Southwest 62nd Boulevard Connector Project (B)

Department: Sustainable Development

Description: Request for the City Commission to grant a drainage easement to Alachua County for a Stormwater Management Facility

Fiscal Note: No fiscal impact.

• Recommendation: The City Commission: 1) grant the drainage easement to Alachua County for the Southwest 62^nd Boulevard Stormwater Management Facility project as detailed; and 2) authorize the Mayor, or designee, to execute and the City Clerk to attest the drainage easement to Alachua County, subject to the City Attorney’s Office as to form and legality.

13.

2024-218 Invitation to Negotiate Award Recommendation for Broker and Consulting Services for Health and Group Life Plans (B)

Department: Risk Management

Description: The City Commission award the Invitation to Negotiate to the top-ranked firm, RSC Insurance Brokerage, Inc. / Gehring Group, for Broker and Benefits Consulting Services for Health and Group Life Plans.

Fiscal Note: The FY 2024 operating budget includes funding allocations in the Employee Health and Accident Fund and the Retiree Health & Accident Fund to cover these expenditures. The proposed agreement would extend a maximum of five years with no option for renewal and will cost no more than $168,000 for year one and is set not to exceed that amount annually for the remaining four years.

• Recommendation: The City Commission: 1) award the Invitation to Negotiate, RMDX-230059-GD, to RSC Insurance Brokerage, Inc. / Gehring Group the Broker and Benefits Consulting Services contract for Health and Group Life Plans, the top ranked firm; and 2) if an agreement with RSC Insurance Brokerage, Inc. / Gehring Group is not reached, the City may move forward to negotiate with the second-ranked firm, and 3) authorize the City Manager to negotiate and execute the contract subject to the approval of the City Attorney as to form and legality.

E.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Members of the public who are unable to wait for their agenda item(s) to be called during the meeting may speak during Early Public Comment. Comment is limited to three (3) minutes on one agenda item or five (5) minutes on two or more agenda items. Speaking during Early Public Comment waives the right to comment on later agenda items.

F.

BUSINESS DISCUSSION ITEMS - MORNING

1.

2023-523 American Rescue Plan Act (ARPA) Quarterly Update (B)

Department: Office of the City Manager

Description: The City Manager’s Office will provide an update on the American Rescue Plan Act (ARPA) funded projects.

Fiscal Note: Project and administrative expenses are funded by the Coronavirus State and Local Fiscal Recovery Funds allocated to the City of Gainesville by the American Rescue Plan Act of 2021. The City received its first half of the $32.4 million allocation ($16.2 million) on June 14, 2021 and the second tranche on June 16, 2022. Through February 29, 2024, $12.5 million, or 38.6% of the total ARPA grant, has been spent.

• Recommendation: The City Commission: 1) decrease the budget of the Nonprofit Capacity Building completed project from $18,677.81 to $18,500.00 and move the remaining funding of $177.81 to the ARPA Revenue Replacement unallocated budget line currently budgeted at $31,931.48; 2) decrease the budget of the Personal Protective Equipment completed project from $134,602.40 to $100,122.38 and move the remaining funding of $34,480.02 to the ARPA Core unallocated budget line currently budgeted at $20,000.00; 3) approve the creation of a new project for the Gun Violence Prevention Manager in the Core ARPA budget totaling $250,500 and reduce City Administrative expenses by $250,500.00; 4) approve $51,745.00 allocated in the Violence Intervention project for the Juvenile Justice and Community Support Programs Department to Community Oriented Policing efforts managed by the Gainesville Police Department; 5) approve a reduction of $75,000 from the Affordable Housing Down Payment Assistance Program for salary expenses for the Housing and Community Development department manager role; 6) approve a reduction of $75,000 from the Affordable Housing Rehabilitation Program for salary expenses for the Housing and Community Development department manager role; 7) approve a reduction of $60,000 from the Affordable Housing Land Acquisition project to cover the homeless support services expenses.

2.

2024-210 Quarterly Housing Update (B)

Department: Housing and Community Development

Description: Quarterly update on the City’s housing initiatives.

Fiscal Note: Funding for these initiatives has been allocated through various sources including the Community Development Block Grant Program, the HOME Investment Partnership Program, the State Housing Initiatives Partnership Program, the American Rescue Plan Act, HOME ARPA and the ConnectFree Program.

• Recommendation: The City Commission hear the quarterly Housing update presentation from the Department of Housing & Community Development.

3.

2024-206 Cultural Arts Center Feasibility Study (B)

Department: Department of Parks, Recreation and Cultural Affairs

Description: Presentation from AMS Planning and Research Corp on the final report resulting from the Cultural Arts Feasibility Study in East Gainesville.

Fiscal Note: The City of Gainesville entered into a contract with AMS Planning and Research Corp for $125,000.00 to conduct a Feasibility Study to investigate the merits and viability of a Cultural Arts Center in East Gainesville. This project was funded through the American Rescue Plan Act (ARPA). The contract term is from October 7, 2022 through March 31, 2024.

• Recommendation: The City Commission: 1) hear a presentation from AMS Planning and Research Corp concerning the results and recommendations from the Cultural Arts Center in East Gainesville Feasibility Study, and 2) provide direction to the City Manager for any follow-up actions regarding the report recommendations.

G.

RESOLUTIONS – MORNING (Roll Call Required) 

Unless mandated by statute to occur in the evening; may include Advocacy Resolutions and Binding Resolutions.

12:00-1:00 PM Lunch Break

H.

CALL TO ORDER

I.

GAINESVILLE HISTORY MOMENT

Ms. Donna Waller

J.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Members of the public who are unable to wait for their agenda item(s) to be called during the meeting may speak during Early Public Comment. Comment is limited to three (3) minutes on one agenda item or five (5) minutes on two or more agenda items. Speaking during Early Public Comment waives the right to comment on later agenda items.

K.

GENERAL PUBLIC COMMENT

Members of the public may speak for up to three (3) minutes per meeting on any item not on the agenda. General Public Comment may be submitted in advance by pre-recorded voice message only. The General Public Comment period shall not exceed 30 minutes total.

L.

BUSINESS DISCUSSION ITEMS - AFTERNOON

1.

2024-181 Authorization of a Task Assignment Under a Professional Design Services for Wild Spaces Public Places Projects Continuing Services Agreement (B)

Department:  Wild Spaces & Public Places

Description: Requesting City Commission approval of a task assignment with Kimley-Horn, Inc. in the amount of $161,520.00 for the professional design, permitting, procurement assistance and construction administration associated with the Tom Petty Park Pickleball project.

Fiscal Note: Funding is available in the Wild Spaces Public Places FY 2024 budget for this project.

• Recommendation: The City Commission 1) approve a task assignment for Kimley-Horn, Inc. in the amount of $161,520.00 for the professional design, permitting, procurement assistance and construction administration with the Tom Petty Park Pickleball project; and 2) authorize the City Manager or designee to execute all contract documents and other necessary documents, subject to approval by the City Attorney as to form and legality.

M.

RESOLUTIONS - AFTERNOON (Roll Call Required)

1.

2024-180 Quasi-Judicial: Final Plat – Tara Serena, A Cluster Subdivision (B)

Department: City Attorney

Description: Resolution No. 2024-180: A resolution of the City of Gainesville, Florida, approving the final plat named “TARA SERENA, A CLUSTER SUBDIVISION” located in the vicinity of 2100 NW 53^rd Avenue, Gainesville, Florida, as more specifically described in this resolution; providing directions to the City Clerk; providing conditions and restrictions; and providing an immediate effective date.

Fiscal Note: N/A

• Recommendation: The City Commission adopt the proposed resolution.

2.

2024-205 Approval of Surplus Property List (B)

Department: Sustainable Development

Description: Request for City Commission approval of a listing of proposed escheated properties for future disposition.

Fiscal Note: None

• Recommendation: The City Commission: 1) approve the Resolution declaring the City property, as further described in Exhibit “A”, as surplus; 2) approve disposition of the properties to affordable housing providers, per the Policies; 3) authorize the City Manager, or designee, to execute all other closing documents; and 4) authorize the Mayor, or designee, to execute, then the City Clerk, or designee, to attest the Resolution and future deeds subject to review and approval of the City Attorney’s Office as to form and legality.

N.

ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

O.

ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

P.

ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

1.

2024-167 Ordinance Eliminating GRU Exemption from City ROW Regulations (B)

Department: City Attorney

Description: Ordinance No. 2024-167: An ordinance of the City of Gainesville, Florida, amending Chapter 23 Article VI – Public Rights-of-Way Use by Utilities of the Code of Ordinances to delete a provision exempting Gainesville Regional Utilities from the applicable regulations and to update references to the Engineering Design and Construction Manual; amending Appendix A – Schedule of Fees, Rates and Charges relating to public rights-of-way obstruction permits and public rights-of-way use by utilities; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.

Fiscal Note: N/A

• Recommendation: The City Commission adopt the proposed ordinance.

Q.

COMMISSION COMMENT

4:30 - 5:30 PM Dinner Break

R.

CALL TO ORDER

S.

PLEDGE OF ALLEGIANCE

St. Patrick Interparish School Student Government

T.

PROCLAMATIONS & SPECIAL RECOGNITIONS

1.

2024-195 Magnolia B Jackson Special Recognition (B)

Department: Office of the City Clerk

Description: Special Recognition

Fiscal Note: This item does not have a fiscal impact.

• Recommendation: To be presented to Magnolia Bradley Jackson, Retired Principal.

2.

2024-224 Women’s History Month (B)

Department: Office of the City Clerk

Fiscal Note: This item has no fiscal impact.

• Recommendation: To be presented to Women Leaders in the Community.

U.

COMMISSION COMMENT

V.

ADJOURNMENT

If later than 10:00 pm, the Commission may waive the rules to extend the meeting or may schedule a date/time to continue the meeting.