City of Gainesville
City Commission Regular Meeting
AGENDA

Thursday, September 21, 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

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 August 17, and September 7, 2023 City Commission Meetings (B)

• Recommendation: The City Commission approve the minutes from the August 17, and September 7, 2023 City Commission meetings.

2.

2023-847 Invitation to Negotiate Award Recommendation for Historic Consulting Services for the Fifth Avenue/Pleasant Street Historic Heritage Trail (B)

Department: Gainesville Community Reinvestment Area

Description: The Gainesville Community Reinvestment Area (GCRA) recommends the award of Invitation to Negotiate (ITN) number GCRA-230050-GD to Community Planning Collaborative, LLC of Jacksonville, FL for design work on the Fifth Avenue/Pleasant Street Historic Heritage Trail.

Fiscal Note: GCRA has allocated approximately $1.69 million in Interlocal funding and $193,000 in residual tax increment financing from the Fifth Avenue/Pleasant Street Community Redevelopment Agency to support the completion of the project.

• Recommendation: The City Commission 1) approve the ranking of the evaluation committee, 2) award ITN #GCRA-230050-GD, Historic Consulting Services for the Fifth Avenue/Pleasant Street Historic Heritage Trail to Community Planning Collaborative, LLC for an amount not-to-exceed $151,380, and 2) authorize the City Manager or their designee to execute the agreement subject to review by the City Attorney as to form and legality

3.

2023-899 Ironwood Golf Course Financial Controls Limited Review (B)

Department: City Auditor’s Office

Description: Ironwood Golf Course Financial Controls Limited Review

Fiscal Note: N/A

• Recommendation: The City Commission accept the City Auditor’s report, as recommended by the Audit Committee.

4.

2023-900 City Auditor Quarterly Update (B)

Department: City Auditor’s Office

Description: City Auditor Quarterly Update

Fiscal Note: N/A

• Recommendation: The City Commission accept the City Auditor’s quarterly report, as recommended by the Audit Committee. 

5.

2023-902 Purvis, Gray & Company, LLP Contract Extension for Professional Auditing Services for General Government Annual Financial Statement Audits (B)

Department: City Auditor’s Office

Description: Purvis, Gray & Company, LLP, General Government Financial Statement Audits Contract One-Year Extension.

Fiscal Note: The annual cost of the fiscal year 2024 contract extension is around $143,042, with increases based on the consumer price index.

• Recommendation: The City Commission approve a one-year extension to the Purvis Gray contract for external audit services, as recommended by the Audit Committee.

6.

2023-871 Authorization of a Task Assignment under a Professional Design Services Agreement (B)

Department: Parks, Recreation & Cultural Affairs

Description: Request for City Commission approval of a task assignment for design, permitting, bidding assistance, and construction administration services by Jones Edmunds & Associates, Inc. for the Boulware Springs Nature Park and Historic Waterworks Building Revitalization Project. These services cost $298,878.52.

Fiscal Note: Funds in the amount of $298,878.52 are available for design, permitting, bidding assistance, and construction administration services from the Boulware Springs Wild Spaces & Public Places ½ cent sales tax project account.

• Recommendation: The City Commission 1) approve the task assignment to Jones Edmunds & Associates totaling $298,878.52, 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.

7.

2023-876 Use of Federal Forfeiture Funds for Police Video Production Services (B)

Department: Gainesville Police Department

Description: Request for the City Commission to approve the use of Federal Forfeiture funds in an amount not to exceed $49,500 for video production services for GPD’s engagement with the community.

Fiscal Note: The anticipated cost of the video production services for FY24 is $49,500.

• Recommendation: The City Commission approve the requested use of Federal Forfeiture Funds in an amount not to exceed $49,500 for video production services. 

• The City Commission approve the requested use of Federal Forfeiture Funds in an amount not to exceed $49,500 for video production services. 

8.

2023-891 Meridian Behavioral Healthcare and City of Gainesville Cooperative Agreement for Co-Responder Team (B)

Department: Gainesville Police Department

Description: Requesting City Commission approval for the Meridian Behavioral Healthcare and City of Gainesville Cooperative Agreement for the Co-Responder Team that provides clinician/mental health services.

Fiscal Note: The cost of each Clinician is $84,313 per year. The total cost for two Clinicians is $168,626 per year. There is an additional $4,050 per year one-time cost for laptop, cellular phone, tactical vest, and smart phone as needed. Thus, the maximum cost per year for FY23 and FY24 is $172,676, and the total for the two years will not exceed $345,352. This will be funded by the Gainesville Police Department General Fund budget.

• Recommendation: The City Commission authorize 1) the City Manager and/or designee to proceed with entering into the Cooperative Agreement with Meridian Behavioral Healthcare, Inc., and 2) execute the Cooperative Agreement, subject to review and approval by the City Attorney as to form and legality.

9.

2023-908 Interlocal Agreement Concerning the Preparation and Funding of the Alachua Countywide Bicycle-Pedestrian Master Plan (B)

Department: Transportation

Description: Request for the City Commission to approve an Interlocal agreement with Alachua County and the University of Florida and authorize City participation in the creation of a Countywide Bicycle-Pedestrian Master Plan.

Fiscal Note: Funds totaling $40,000.00 are allocated for this purpose. The funds will contribute to hiring of a consultant to provide professional services related to drafting and adoption of the master plan.

• Recommendation: The City Commission: 1) approve the Interlocal agreement between the City of Gainesville, Alachua County, and the University of Florida, and 2) authorize the Mayor to execute the Interlocal Agreement, subject to approval by the City Attorney as to form and legality.

10.

2023-929 Workers’ Compensation Claim Settlement – Matthew N. Walters (B)

Department: Risk Management

Description: The full and final settlement of Matthew N. Walter’s workers’ compensation claim(s), which include all future medical and indemnity payments.

Fiscal Note: The settlement in this case of $132,000.00 is a significant cost advantage to the city and will be paid from the General Insurance Fund.

• Recommendation: The City Commission authorize Special Counsel to prepare and execute the appropriate documents for a lump-sum settlement payment of $132,000.00 for the workers’ compensation claim of Matthew N. Walters.

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.

2023-88 Approval of Employment Contract for the Equal Opportunity Director (B)

Department: Office of the City Commission

Fiscal Note: The employment contract cost for the Equal Opportunity Director is budgeted via salary expenses for the respective Charter department.

• Recommendation: The City Commission approve the employment contract for the Equal Opportunity Director.

2.

2023-823 Authorization of a Task Assignment Amendment with Wannemacher Jensen Architects, Inc. (B)

Department: Parks, Recreation & Cultural Affairs

Description: Requesting City Commission approval of a task assignment amendment with Wannemacher Jensen Architects, Inc. in the amount of $469,318.00 for the professional design, permitting, procurement assistance and construction administration associated with the partial restoration of the Thelma A. Boltin Center as directed by the City Commission on April 27, 2023.

Fiscal Note: Funds in the amount of $469,318.00 are available for professional design services from the Wild Spaces Public Places Fund Thelma Boltin Center project account.

• Recommendation: The City Commission 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.

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. Vivian Filer

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 (see page 2 for details). The General Public Comment period shall not exceed 30 minutes total.

 

L.

BUSINESS DISCUSSION ITEMS - AFTERNOON

M.

RESOLUTIONS - AFTERNOON (Roll Call Required)

N.

ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

O.

ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

1.

2023-527 Land Development Code Amendment To Outdoor Lighting (B)

Department: City Attorney

Description: Ordinance No. 2023-527: An ordinance of the City of Gainesville, Florida, amending Section 30-6.12 of the Land Development Code (Chapter 30 of the City of Gainesville Code of Ordinances) relating to lighting standards; 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.

2.

2022-678 Quasi-Judicial: LD22-69 Alachua County Courts Complex Planned Development Petition (B)

Department: City Attorney

Description: Ordinance No. 2022-678: An ordinance of the City of Gainesville, Florida, amending zoning conditions and the PD Layout Plan regulating the Planned Development known as Alachua County Court Services generally located in the vicinity of 220 South Main Street, 376 South Main Street, and 118 SW 4th Avenue, as more specifically described in this ordinance; providing directions to the City Manager; 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.

3.

2023-277 Quasi-Judicial: LD22-000154 300 Club Rezoning (B)

Department: City Attorney

Description: Ordinance No. 2023-277: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 7.11 acres of property generally located at 3715 NW 12^th Avenue, as more specifically described in this ordinance, from Conservation (CON) to Planned Development (PD); providing land development regulations; providing directions to the City Manager; 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.

P.

ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

1.

2023-754 Deleting Residential Rental Unit Permit Program (B)

Department: City Attorney

Description: Ordinance No. 2023-754: An ordinance of the City of Gainesville, Florida, deleting the Residential Rental Unit Permits program by amending Section 2-339 – Applicable Codes and Ordinances and by deleting Chapter 14.5, Article I titled “Residential Rental Unit Permits”; 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

Girl Scout Troop 2370

T.

PROCLAMATIONS & SPECIAL RECOGNITIONS

1.

2023-909 Mirror Image Leadership Academy (B)

Department: Office of the City Clerk

Description: Special Recognition

Fiscal Note: N/A

• Recommendation: To be presented to James Miller, Executive Director.

2.

2023-910 Central Florida Community Action Agency Day (B)

Department: Office of the City Clerk

Description: Proclamation

Fiscal Note: N/A

• Recommendation: To be presented to Caroline W. Ruff-Looney, CEO.

3.

2023-911 The 100th Anniversary of Gainesville Fine Arts Association (B)

Department: Office of the City Clerk

Description: Proclamation

Fiscal Note: N/A

• Recommendation: To be presented to Susan Fulford, President.

4.

2023-912 Fire Prevention Week (B)

Department: Office of the City Clerk

Description: Proclamation

Fiscal Note: N/A

• Recommendation: To be presented to Joe Dixon, Fire Chief.

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.

BUSINESS DISCUSSION ITEMS - EVENING

W.

PUBLIC HEARINGS (Including Planning Petitions)

X.

ORDINANCES: ADOPTION READING - EVENING (Roll Call Required)

Y.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

1.

2023-810 Appendix A Schedule of Fees, Rates And Charges FY2024 – GRU (B)

Department: City Attorney

Description: Ordinance No. 2023-810: An ordinance of the City of Gainesville, Florida, amending the Code of Ordinances relating to utilities; by amending Appendix A, Schedule of Fees, Rates and Charges to revise fees, rates and charges for electricity, water, sewerage, and standard operational charges; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing effective dates.

Fiscal Note: Electric rates will see a 3% increase and wastewater rates will experience a 5% increase, following the previously approved schedule from fiscal year 2022. Water/wastewater connection fees will also experience an increase.

• Recommendation: The City Commission adopt the proposed ordinance.

2.

2023-809 Appendix A Schedule of Fees, Rates and Charges FY2024 – GG (B)

Department: City Attorney

Description: Ordinance No. 2023-809: An ordinance of the City of Gainesville, Florida, amending Appendix A, Schedule of Fees, Rates and Charges of the Code of Ordinances by revising fees, rates and charges for the following: adult performance establishment, escort service and escort licenses; alcoholic beverages; cemetery; controlled vehicular parking area decals/permits; fire/rescue; health and sanitation; parks, recreation and cultural affairs; peddlers, solicitors and canvassers; police; registered domestic partnerships; right-of-way (public) obstruction permits; right-of-way (public) use by utilities; secondhand goods; streets, sidewalks and other public places; traffic and motor vehicles; utilities - solid waste and recyclables; utilities - stormwater management; and vehicles for hire; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.

Fiscal Note: Increased revenues resulting from the proposed Appendix A fees, rates and charges are included in the proposed FY2024 balanced budget.

• Recommendation: The City Commission adopt the proposed ordinance.

3.

2023-832 Ordinance Amending Electric System Fuel and Purchased Power Adjustment Added to Public Streetlight and Rental Outdoor Light Services (B)

Department: City Attorney

Description: Ordinance No. 2023-832: An ordinance of the City of Gainesville, Florida, amending section 27-31 “Electric system fuel and purchased power adjustment added to public streetlight and rental outdoor light services;” 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.

Z.

RESOLUTIONS - EVENING (Roll Call Required)

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

 

1.

2023-901 Resolution Adopting a Final Budget for the City of Gainesville D/B/A Gainesville Regional Utilities for the Fiscal Year beginning October 1, 2023 and Ending September 30, 2024 (B)

Department: GRU, Budget, Finance, Accounting

Description: This item is related to the adoption of a final budget for Gainesville Regional Utilities for the fiscal year 2024.

Fiscal Note: None at this time.

• Recommendation: The City Commission adopt the proposed resolution.

2.

2023-927 Establishing a Final Millage Rate for Fiscal Year 2023-2024 (B)

Department: Office of Management and Budget

Description: A resolution of the City Commission of the City of Gainesville, Florida; relating to the levy of general municipal purpose Ad Valorem Taxes for the 2023-2024 fiscal year beginning October 1, 2023 and ending September 30, 2024; adopting the Final Millage Rate; directing the transmittal of certified copies; authorizing a specified adjustment to the final millage rate; and providing an immediate effective date.

Per Florida Statutes Section 200.065, the City Commission is required to establish a Final Millage Rate for Fiscal Year 2024. The proposed Final Millage Rate for Fiscal Year 2024 is 6.4297 mills, which is 0.9297 mills or 16.9% above the Fiscal Year 2023 Millage Rate of 5.5000 mills. The proposed Final Millage Rate is 1.4533 mills or 29.20% more than the “rolled-back” rate of 4.9764. Based on the July 1, 2023 Certified Tax Valuation of $10,186,842,781, the proposed Final Millage Rate is estimated to generate $62.9 million in property tax revenue based on a 96% collection rate for the General Fund; $15.4 million or 32.4% above the Fiscal Year 2023 estimated property tax revenue.

Fiscal Note: The Fiscal Year 2024 estimated property tax revenue, based on the Final Millage Rate of 6.4297 and a 96% collection rate, is $62,878,409.

• Recommendation: City Commission 1) set the Final Millage Rate for Fiscal Year 2023-2024 at 6.4297 mills and 2) adopt the proposed Resolution.

3.

2023-928 Final General Government Financial and Operating Plan Budget for Fiscal Year 2023-2024 (B)

Department: Office of Management and Budget

Description: A Resolution of the City Commission of the City of Gainesville, Florida; relating to its General Government Financial and Operating Plan Budget for the 2023-2024 fiscal year beginning October 1, 2023, and ending September 30, 2024; adopting the Final General Government Financial and Operating Plan Budget; and providing an immediate effective date.

Fiscal Note: The proposed FY 2024 Final General Government Financial and Operating Plan Budget totals $455,442,749 and is, as required by Florida Statutes, a balanced Budget. The proposed FY 2024 Final General Government Financial and Operating Plan Budget includes the budgets for the General, Special Revenue, Debt Service, Capital, Proprietary, and Fiduciary funds. The authorized position level for FY 2024 is 1,496.0 FTEs across all funds.

• Recommendation: The City Commission 1) adopt the Final General Government Financial and Operating Plan Budget for Fiscal Year 2023-2024 and 2) adopt the proposed Resolution.

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.