City of Gainesville
City Commission Regular Meeting
AGENDA

Thursday, October 19, 2023 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 Desmon Duncan-Walker (District 1)

Reina Saco (At Large, Seat A)

Cynthia Moore Chestnut (At Large, Seat B)

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

Father J. Fletcher Montgomery, Rector, Holy Trinity Episcopal Church

C.

ADOPTION OF THE AGENDA

Includes Consent and Regular Agenda Items

 

D.

CONSENT AGENDA

1.

Approval of Minutes from the September 14, September 19, September 21 (2), September 28, and October 9, 2023 City Commission Meetings (B)

• Recommendation: The City Commission approve the minutes from the September 14, September 19, September 21 (2) September 28, and October 9, 2023 City Commission meetings.

2.

2023-917 Request for Proposal Award for Ecological Analysis and Tree Inventory (B)

Department: Public Works

Description: Request for the City Commission to award the University of Florida, Board of Trustees dba University of Florida a contract to perform an Ecological Analysis of Gainesville’s urban forest and to conduct a Tree Inventory of urban trees owned by the City of Gainesville.

Fiscal Note: Funding for this agreement, in the amount of $426,916, will be allocated from the Tree Mitigation Fund.

• Recommendation: City Commission 1) approve the rankings RFP #PWDA-230046-DH – Ecological Analysis and Tree Inventory; 2) authorize the City Manager or their designee to enter into a contract with the University of Florida to provide an Ecological Analysis and Tree Inventory in the amount of $429,916, subject to approval of the City Attorney or designee as to form and legality.

3.

2023-934 Authorization for Fire Rescue to Purchase Knox Retrofit Kits (B)

Department: Gainesville Fire Rescue

Description: This item requests that the Commission authorize the City Manager to execute a purchase order for Knox Retrofit Kits from the Knox Company not to exceed $138,710.

Fiscal Note: Gainesville Fire Rescue (GFR) received a FY2022 Federal Fire Prevention and Safety (FP&S) Federal Grant from the U.S. Department of Homeland Security FEMA. The grant provides 95% reimbursement for the purchase of Knox Retrofit Kits. The 5% match of $6,936 has been identified in the GFR budget in areas designated for Fire Safety Public Education and Fire Inspections Materials & Supplies.

• Recommendation: The City Commission authorize the City Manager or designee to execute the purchase order for the Knox Company not to exceed $138,710 pending approval by the City Attorney as to form and legality.

4.

2023-951 Second Amendment to Agreement with Alachua County Board of County Commissioners for Age-Based Fare Free Transit Program (B)

Department: Transportation

Description: Request for the City Commission to approve the Second Amendment to the Agreement for Age-Based Fare Free Transit Program between the City of Gainesville and the Alachua County Board of County Commissioners.

Fiscal Note: The City’s Regional Transit System will receive up to $115,000 in revenue from the Alachua County Board of County Commissioners in Fiscal Year 2024. This will occur as quarterly payments for services provided by the Age-Based Fare Free Transit Program.

• Recommendation:
  The City Commission, authorize the City Manager or their designee to execute the Second Amendment to the Agreement with Alachua County Board of County Commissioners for Age-Based Fare Free Transit Program, subject to approval by the City Attorney as to form and legality.

5.

2023-952 Fire Rescue Northeast Florida Regional Council Funding for Hazardous Materials Response Supplies (B)

Department: Gainesville Fire Rescue

Description: Request for the Commission to approve a Memorandum of Agreement between Northeast Florida Regional Council and Gainesville Fire Rescue (GFR) for the purchase of hazardous materials response supplies.

Fiscal Note: This is a reimbursement agreement not to exceed $36,000. Funds must be spent by January 31^st, 2024.

• Recommendation: The City Commission authorize the City Manager or their designee to execute the Memorandum of Agreement not to exceed $36,000 and other necessary documents subject to approval by the City Attorney as to form and legality.

6.

2023-955 Transit Services Agreement with Alachua County Board of County Commissioners (B)

Department: Transportation

Description: Request for the City Commission to approve the Transit Services Agreement for FY 2024 and FY 2025 between the City of Gainesville Regional Transit System and the Alachua County Board of County Commissioners.

Fiscal Note: For the FY 2024 Transit Services Agreement, the Regional Transit (RTS) System will receive $1,765,015 in revenue from the Alachua County Board of County Commissioners made in quarterly payments. Under the terms of the FY 2025 Transit Services Agreement, RTS will receive $1,926,381 in revenue from the Alachua County Board of County Commissioners made in quarterly payments. The two year revenue total for this service agreement is $3,691,396.

• Recommendation:
  The City Commission authorize the City Manager or their designee to execute the Transit Services Agreement with Alachua County Board of County Commissioners, subject to approval by the City Attorney as to form and legality.

7.

2023-974 Non-Compliance with Attendance Requirements (B)

Department: Office of the City Clerk

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

• Recommendation: The City Commission approve the removal of Kaitlyn Dickinson from the Infrastructure Surtax Oversight Board, effective immediately.

8.

2023-989 Resignation of Savannah Partridge from the Historic Preservation Board (B)

Department: Office of the City Clerk

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

• Recommendation: The City Commission accept the resignation of Savannah Partridge, effective immediately.

9.

2023-1000 Appointments to the City Commission Advisory Boards and Committees (B)

Department: Office of the City Clerk

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

• Recommendation: The City Commission Appoint:
  - Eric Milch to the City Beautification Board for a full term ending November 1, 2025;
  - Ellen Chulak to the Gainesville Art In Public Places Trust for a full term ending September 30, 2026;
  - Taylor Spangler to the Gainesville Cultural Affairs Board for a term ending September 30, 2026;
  - Bradford Freeman to the Police Advisory Council for a full term ending October 18, 2027;
  - Tate Miller to the Public Recreation and Parks Board for a full term ending June 1, 2026.

10.

2023-1001 Sherron McClellon v. City Of Gainesville, Florida; Case No. 2022-CA-3282; Eighth Judicial Circuit, in and for Alachua County, Florida (NB)

Department: City Attorney

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

• Recommendation: The City Commission authorize the City Attorney to accept a Proposal for Settlement of the claim of Sherron McClellon, arising from an incident that occurred on August 3, 2021.

11.

2023-1002 Rianna Washington v. City of Gainesville, Florida; Case No. 2022-CA-1631; Eighth Judicial Circuit, in and for Alachua County, Florida (NB)

Department: City Attorney

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

• Recommendation: The City Commission 1) approve the terms of the negotiated settlement agreement; and 2) authorize the City Attorney to settle the claim of Rianna Washington, arising from an accident that occurred on or about May 23, 2021.

12.

2023-1013 Rachel Hargy, as Parent and Next Friend of Z.M. v. City of Gainesville; Case No. 2022-CA-1327: Eighth Judicial Circuit, in and for Alachua County, Florida (NB)

Department: City Attorney

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 Rachel Hargy, as parent and next friend of Z.M., a minor child, arising from a skateboarding incident that occurred at Depot Park on May 22, 2021.

13.

2023-1009 Financial Assistance Agreement between Florida Department of Law Enforcement and City of Gainesville Police – Police Department for the Drone Replacement Program (B)

Department: Gainesville Police Department

Description: : Request for the City Commission to approve a Financial Assistance Agreement with the Florida Department of Law Enforcement and the City of Gainesville to receive funds via a grant made available by the State of Florida to partially compensate the City for loss incurred by surrendering noncompliant foreign-made drones.

Fiscal Note: This grant will reimburse a portion of the $42,000 spent on November 16, 2022 to purchase three approved drones currently in use by the Gainesville Police Department. The estimated amount to be reimbursed is approximately $30,000, pending final verification by the Florida Department of Law Enforcement of the drone’s condition. According to the grant, the financial assistance can only be used for the purchase of additional approved drones for use by the City of Gainesville Police Department.

• Recommendation: The City Commission: 1) approve the Financial Assistance Agreement with the Florida Department of Law Enforcement for the Drone Replacement Program and 2) authorize the City Manager or their designee to proceed with executing the Financial Assistance Agreement, subject to review and approval by the City Attorney as to form and legality.

14.

2023-963 Request for Proposals Award for Mobility-On-Demand Software App (B)

Department: Transportation

Description: Request for the City Commission to award the Request for Proposal to the top ranked firm, Via Transportation, Inc., for Mobility-On-Demand Software App, which will assist the City in improving the quality of the Mobility-On-Demand service.

Fiscal Note: This project’s implementation and first year costs are funded in the Federal Transit Administration (FTA) FY22 Supergrant; the remaining four years will be budgeted in the RTS Planning Contractual Services budget. The five-year project cost is $139,000.00.

• Recommendation:
  The City Commission: 1) approve the Request for Proposal for a Mobility-On-Demand Software App rankings, 2) award the Request for Proposal to Via Transportation, Inc., and 3) authorize the City Manager or designee to negotiate and execute a contract with the top ranked firm, subject to approval by the City Attorney as to form and legality.

15.

2023-954 Approval of Amended Employment Agreement for the City Manager (B)

Department: Office of the City Commission

Description: As part of the FY24 budget cuts to the General Fund, the City Manager is reducing her annual salary by 5%.

Fiscal Note: The employment contract cost is budgeted via salary expenses for the City Manager.

• Recommendation: The City Commission approve the amended employment agreement for the City Manager.

16.

2023-1011 Settlement of Workers’ Compensation Claim (NB)

Department: Risk Management

Description: Requesting Commission approval for a $75,000 full and final settlement of Michelle Foster’s workers’ compensation claim. This settlement includes all future medical and indemnity payments, representing a significant cost advantage to the City.

Fiscal Note: The $75,000 settlement amount is included in the Fiscal Year 2024 operating budget of the General Insurance Fund.

• Recommendation: The City Commission authorize Special Counsel to prepare and execute the appropriate documents for a lump-sum settlement of Michelle Foster’s workers’ compensation claim of $75,000.

17.

2023-1018 Invitation to Bid Award Recommendation for The Lincoln Yard Trail Project (B)

Department: Parks, Recreation & Cultural Affairs

Description: Request for the City Commission to award the Invitation to Bid for the Lincoln Yard Trail project to Joyner Construction Partners, LLC in the amount of $346,082.00.

Fiscal Note: Funds in the amount of $346,082.00 are available for the Lincoln Yard Trail project from the Wild Spaces & Public Places ½ cent Fund.

• Recommendation: The City Commission 1) approve the Invitation to Bid award to Joyner Construction Partners, LLC in the amount of $346,082.00 and 2) authorize the City Manager, or their designee, to execute all contract documents and other necessary documents, subject to approval by the City Attorney as to form and legality.

18.

2023-1027 2023 Holiday Parade Memorandum of Understanding with the Gainesville Area Chamber of Commerce Foundation (B)

Department: Office of the City Manager

Description: Request for the City Commission to retroactively approve a Memorandum of Understanding between the City of Gainesville and the Gainesville Area Chamber of Commerce Foundation for the 2023 holiday parade. The Gainesville Area Chamber of Commerce Foundation will serve as the fiscal agent for the event.

Fiscal Note: The Gainesville Area Chamber of Commerce Foundation will retain ten percent of donations received to cover administrative expenses.

• Recommendation: The City Commission retroactively approve the Memorandum of Understanding between the City of Gainesville and the Gainesville Area Chamber of Commerce Foundation for the 2023 holiday parade.

19.

2023-964 Assign Task Assignment for Construction of NW 53rd Avenue Sidewalk to Blackwater Construction Services, LLC (B)

Department: Transportation

Description: Request for the City Commission to approve a Task Assignment to Blackwater Construction Services, LLC to build a new sidewalk connection with drainage improvements on the west side of NW 53^rd Avenue.

Fiscal Note: The current estimate for the project is $328,237.00 and will be paid from the Transportation Mobility Program Area Fund.

• Recommendation: The City Commission: 1) approve the Task Assignment to Blackwater Construction Services, LLC in an amount of $328,237.00 and 2) authorize the City Manager, or their designee, to execute all necessary contract/task assignment documents, subject to approval by 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.

2023-1003 City Auditor Recruitment (B)

Department: Human Resources

Description: City Auditor Semi-Finalist Report

Fiscal Note: The anticipated total fiscal impact for the search for a City Auditor is estimated to be approximately $30,000. Funds for this search will come from the Human Resources budget for Charter Officer Recruitment.

• Recommendation: 1) select candidate(s) to move forward in the City Auditor Interview process; and 2) authorize Baker Tilly to invite the selected candidate(s) to participate in the process.

2.

2023-992 Invitation to Negotiate Award Recommendation for the Redevelopment of Old RTS Administration and Maintenance Facility (B)

Department: Office of the City manager

Description: Request for City Commission to award the Invitation to Negotiate DOSD-230051-GD to The Knot Climbing Gym for redevelopment of the former RTS Maintenance and Administration facility located south of Depot Park.

Fiscal Note: The pricing proposal range for site acquisition is estimated to be between $2-4 million, the proceeds of which would need to be returned to the Federal Transportation Agency (FTA) per federal regulations. The total planned investment is approximately $19-27 million over the next seven years.

• Recommendation: The City Commission 1) approve the ranking of the evaluation committee, 2) award ITN #DOSD-230051-GD, Redevelopment of Old RTS Administration and Maintenance Facility to The Knot Climbing Gym, 3) authorize the City Manager or their designee to work with the awardee to undertake the proposed due diligence activities for a period not-to-exceed one year from the date of the Commission approval, and 4) request the City Manager return to the City Commission with periodic updates during the due diligence period.

3.

2023-977 Gainesville Fire Rescue Quarterly Update (B)

Department: Gainesville Fire Rescue

Description: Quarterly update presentation from Gainesville Fire Rescue to the City Commission.

Fiscal Note: NA

• Recommendation: The City Commission hear a presentation from Gainesville Fire Rescue.

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.

2023-1012 Appointments to the Development Review Board and the Historic Preservation Board (B)

Department: Office of the City Clerk

Fiscal Note: This item has no fiscal impact.

• Recommendation: The City Commission discuss the appointments to the Development Review Board and the Historic Preservation Board and take appropriate action.

2.

2023-546 Consolidation of the City Clerk’s Office under the City Manager’s Office (NB)

Department: Office of the City Commission

Fiscal Note: This item is in an information gathering stage and does not have a fiscal impact at this time.

• Recommendation: The City Commission discuss and take action deemed necessary.

M.

RESOLUTIONS - AFTERNOON (Roll Call Required)

1.

2023-993 Hurricane Idalia Grants (B)

Department: Financial Services

Description: A resolution to enter into grant agreements with the Florida Division of Emergency Management via FEMA for eligible expenses related to Hurricane Idalia.

Fiscal Note: FEMA Public Assistant Funds will provide reimbursements to various funding sources expended during the Hurricane Idalia Declared State of Emergency in 2023.

• Recommendation: The City Commission adopt the Resolution which authorizes the City Manager or designee to execute and enter into agreements, grant applications and any other necessary documents with the Florida Division of Emergency Management for Public Assistance and the Public Assistance (PA) related to Hurricane Idalia, DR-44734-FL, subject to approval by the City Attorney 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.

2023-278 Voluntary Annexation – 2.296 Acres of Privately-Owned Property Generally Located on the Northwest Corner of the Intersection of SW 13th Street and SW Williston Road (B)

Department: City Attorney

Description: Ordinance No. 2023-278: An ordinance of the City of Gainesville, Florida, annexing approximately 2.296 acres of privately-owned property generally located on the northwest corner of the intersection of SW 13^th Street and SW Williston Road, as more specifically described in this ordinance, as petitioned for by the property owner(s) pursuant to Chapter 171, Florida Statutes; making certain findings; providing for inclusion of the property in Appendix I of the City Charter; providing for land use plan, zoning, and subdivision regulations, and enforcement of same; providing for persons engaged in any occupation, business, trade, or profession; providing directions to the City Clerk; providing a severability clause; providing a repealing clause; and providing an immediate 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

Eastside High School Navy Junior Officers Training Program

T.

PROCLAMATIONS & SPECIAL RECOGNITIONS

1.

2023-976 Chief Jones Day (B)

Department: Office of the City Manager

Description: A proclamation honoring the life and work of former Gainesville Police Chief Tony Jones upon the occasion of his retirement from the City of Gainesville.

Fiscal Note: This item has no fiscal impact.

• Recommendation: Chief Tony Jones to receive the proclamation.

2.

2023-956 Community Rating System Certificate of Recognition (B)

Department: Office of the City Clerk

Description: Special Recognition

Fiscal Note: N/A

• Recommendation: To be presented to Andy Renshaw, Floodplain Administrator.

3.

2023-958 American Pharmacists Month (B)

Department: Office of the City Clerk

Description: Proclamation

Fiscal Note: N/A

• Recommendation: To be presented to Matthew Molk, APhA Policy Vice President.

U.

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.

 

V.

RESOLUTIONS - EVENING (Roll Call Required)

 Required by state law to be heard at 5:00 pm or later.

 

1.

2023-978 Resolution Supporting the Designation of Dylan Roberts Memorial Crosswalk on East University Avenue and Dual Naming NE 26th Terrace as “Dylan Roberts Road” (B)

Department: City Manager’s Office

Description: A resolution to support naming the newly constructed pedestrian crosswalk on East University Avenue between NE 26^th Terrace and SE 26^th Terrace in memory of four-year-old Dylan Roberts, and to dual name NE 26^th Terrace between East University Avenue and NE 1^st Place as “Dylan Roberts Road.”

Fiscal Note: No fiscal impact.

• Recommendation: The City Commission: (1) adopt the resolution supporting the request to name the crosswalk on East University Avenue between NE 26^th Terrace and SE 26^th Terrace in memory of Dylan Roberts, and (2) support the request to dual name NE 26^th Terrace as “Dylan Roberts Road.”

W.

BUSINESS DISCUSSION ITEMS - EVENING

1.

2023-598 Advisory Board and Committee Reports (B)

Department: Office of the City Commission

Description: The Tree Advisory Board Annual Report will be presented by the Chair.

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

• Recommendation: The City Commission hear a presentation and take action deemed necessary.

X.

PUBLIC HEARINGS (Including Planning Petitions)

Y.

ORDINANCES: ADOPTION READING - EVENING (Roll Call Required)

Z.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

AA.

ORDINANCES: FIRST READING - EVENING (Roll Call Required)

AB.

COMMISSION COMMENT

AC.

 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.