City Commission Regular Meeting

MINUTES

Thursday, November 16, 2023 at 10:00 A.m. - 7:00 P.m.

City Hall Auditorium

200 East University Avenue

Gainesville, FL 32601

Members Present:

• Mayor Ward, 
• Commissioner Book, 
• Commissioner Eastman, 
• Commissioner Saco, 
• and Commissioner Willits 

Members Absent:

• Commissioner Chestnut 
• and Mayor Pro Tempore Duncan-Walker 

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A.

CALL TO ORDER

Meeting called to order at 10:00 a.m.

B.

INVOCATION

Pastor Gerard Duncan, Prayers by Faith Outreach Ministries

C.

ADOPTION OF THE AGENDA

REGULAR AGENDA UPDATES:

2023-823 Authorization of a Task Assignment Amendment with Wannemacher Jensen Architects, Inc. (B) Removed Item and Rescheduled to December 7, 2023, Explanation: Requested by the Mayor  

2023-1035 Request for Proposals Award Recommendation for Construction Manager at Risk Services for the Thelma A. Boltin Center Project (B) Removed Item and Rescheduled to December 7, 2023, Explanation: Requested by the Mayor  

2023-1087 Appointments to the City Plan Board and Historic Preservation Board (B) Added Backup, Explanation: HPB Candidate Spreadsheet received after agenda review

2023-1105 Lot #10 - Fifth Purchase and Sale Agreement Amendment (B) Item Moved from Consent Agenda, Explanation: Requested by Commissioner Book.

Public Comment: William Rohan

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Motion: The City Commission adopt the modified consent and regular agendas.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

D.

CONSENT AGENDA

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Motion: The City Commission adopt the modified consent and regular agendas.

  Approved On Consent

1.

Approval of Minutes from the October 26, 2023 City Commission Meeting (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission approve the minutes from the October 26, 2023 meeting.

  Approved On Consent

2.

2023-1045 Maintenance Maps to be Filed – Various Locations (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission authorizes the Mayor and City Clerk to sign and record Maintenance Maps for 1) Northwest 5th Street at Northwest 7th Avenue (Southeast quadrant of the intersection), 2) A portion of Northeast 16th Terrace between Northeast 6th Place & Northeast 5th Place, 3) A portion of Northeast 19th Street between Northeast 7th Avenue & Northeast 3rd Avenue, 4) A portion of Northwest 9th Avenue (Pistol Alley) between North Main Street & Northwest 2nd Street, and 5) A portion of Southeast 9th Street & Southeast 8th Avenue between Southeast 8th Street & Southeast 9th Avenue.

  Approved On Consent

3.

2023-1075 Edward Byrne Memorial Justice Assistance Grant Program FY 2021 and FY 2022 Local Solicitations (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission (1) accept the Edward Byrne Memorial Justice Assistance Grant Program FY 2021 and FY 2022 Local Solicitations, and (2) authorize the City Manager to execute Certifications & Assurances by the Chief Executive of the Applicant Government, and any other necessary forms/documents, subject to review by the City Attorney as to form and legality.

  Approved On Consent

4.

2023-1084 Community Health FY23 COCLI Grant Application (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission authorize the City Manager, or their designee, to apply for the University of Baltimore FY23 Combating Overdose through Community-Level Intervention Initiative (COCLI) grant, accept the grant if awarded, and execute the grant application and any other necessary documents, subject to approval by the City Attorney as to form and legality.

  Approved On Consent

5.

2023-1068 Eastside/Cornerstone Infrastructure Project (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: City Commission: 1) Award Bid No. GCRA-240010-DH in the amount of $3,074,515.00, and up to ten percent (10%) contingency in the amount of $307,451.50, for a total of $3,381,966.50 to Andrews Paving, Inc.; 2) Authorize the City Manager or designee to enter into a Construction Agreement with Andrews Paving; and 3) Authorize the City Manager, or designee, to enter into a Task Assignment with Causseaux, Hewett & Walpole, Inc., in the amount of $439,635 for construction engineering & inspection services for the Eastside/Cornerstone Infrastructure Project, subject to approval by the City Attorney as to form and legality.

  Approved On Consent

6.

2023-1114 Medication Assisted Treatment Grant (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission: 1) retroactively approve the Medication Assisted Treatment grant application, 2) authorize the City Manager or their designee to accept funding from the State of Florida Division of Emergency Preparedness and Community Support and execute any other necessary documents subject to approval by the City Attorney as to form and legality.

  Approved On Consent

7.

2023-1108 Ironwood Golf Course Budget-to-Actual Analysis for Fiscal Year 2023 (B)

Brandi

I would like to see a breakdown of revenue. Ironwood was given $201,012 for concessions. They spent $267,012 on concessions. Did the $267,012 generate revenue? if so where is it? I do not believe this is an accurate representation of the golf course. You can not justify a deficit if you do not explain the profit and what it went to. Can Ironwood go back to an Enterprise fund?

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission receive a budget-to-actual analysis for the Ironwood Golf Course for FY 2023 (period ended September 30, 2023).

  Approved On Consent

8.

2023-1121 Ratification of Amendment to the Agreement between the International Association of Firefighters (IAFF), Local 2157, Professional Firefighters Bargaining Unit and the City of Gainesville for October 1, 2021 through September 30, 2024 (B)

• Moved by Commissioner Book
  Seconded by Commissioner Eastman

  Recommendation: The City Commission ratify the amendment to the Agreement between the International Association of Firefighters (IAFF), Local 2157, Professional Firefighters Bargaining Unit and the City of Gainesville, through September 30, 2024.

  Approved On Consent

E.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Public Comment: Tana Silva 2023-1105 and 2023-1105, Kali Blount 2023-1087, William Rohan 2023-1087

F.

BUSINESS DISCUSSION ITEMS - MORNING

1.

2023-1080 Navigating Climate Challenges: Reflecting on Gainesville’s Past, Present and Future (B)

Dan Zhu, Chief Climate Officer, gave a presentation on navigating climate challenges. Priorities come from greenhouse gas inventory. 

• Recommendation: The City Commission hear a presentation and provide direction as necessary.

  Heard

2.

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

Cintya Ramos, Executive Chief of Staff, gave a presentation on the American Rescue Plan Act quarterly update.

Zeriah Folston, Director of Diversity, Equity and Inclusion, spoke to the item regarding language access/GINI.

Cynthia Curry, City Manager, spoke to the item about the funding cap and flexibility in the core funds.

• Recommendation: The City Commission hear an update from staff on project progress.

  Heard

3.

2023-1105 Lot #10 - Fifth Purchase and Sale Agreement Amendment (B)

Andrew Persons, Chief Operating Officer, gave an overview of the amendments to the Lot #10 agreement.

Anthony Lyons, Vice-President, AMJ Group Inc., spoke to the item regarding downtown office space.

• Moved by Commissioner Saco
  Seconded by Commissioner Eastman

  Recommendation: The City Commission approve the extension request for Lot #10 and authorize the City Manager to execute the Fifth Amendment to Contract for Sale and Purchase for Lot #10 subject to approval by the City Attorney as to form and legality.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)
• Meeting recessed at 11:10 a.m.

G.

RESOLUTIONS – MORNING (Roll Call Required) 

12:00-1:00 PM Lunch Break

H.

CALL TO ORDER

Meeting called to order at 1:00 p.m.

I.

GAINESVILLE HISTORY MOMENT

Ms. Donna Waller

J.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

K.

GENERAL PUBLIC COMMENT

Kathleen Meigs

I don't want any part in genocide in my name. I don't want my city to participate in genocide against any people, including Palestinian people. I urge the city of Gainesville to take a stand against US participation in war crimes and genocide against Palestinians

Windy Wood

These are supporting documents for the general public phone comment that I already submitted opposing the plans to convert Citizen's Multipurpose field to artificial turf and 1,000 parking spots. Health impacts of artificial turf- https://pubmed.ncbi.nlm.nih.gov/35948114/ U.S. Geological Survey study (July, 2023) on forever chemicals in 45% of tapwater in the U.S. https://www.usgs.gov/news/national-news-release/tap-water-study-detects-pfas-forever-chemicals-across-us

David Jones, Chris Arias, Nicholas Loyd, Abigail Fletcher, Carly Shooster, Maya Valesko, Mary Barr, Margaret Delisle, Jem Lorenzana, Venom Spade, William Rohan, Jim Konish, Isabella de la Huerta, Jaqueline Betz, Aviva Asher, Marina Smerling, Richard McMaster, Minaal Murshid, Melanie Barr

• Moved by Commissioner Saco
  Seconded by Commissioner Eastman

  Motion: Authorize Mayor Word to write a letter to President Biden urging a humanitarian pause and cease fire in the conflict between Israel and Gaza.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)
• Meeting recessed at 2:22 p.m.

  Meeting reconvened at 2:34 p.m.

L.

BUSINESS DISCUSSION ITEMS - AFTERNOON

1.

2023-1115 Community Land Trust Update (B)

Andrew Persons, Chief Operating Officer, Introduced the item.

Frank Wells, President and Chief Impact Officer, Bright Community Trust, gave a presentation on the Gainesville Community Land Trust.

• Recommendation: The City Commission hear the presentation from Bright Community Trust and take any actions deemed appropriate.

  Heard

2.

2023-1087 Appointments to the City Plan Board and Historic Preservation Board (B)

Public Comment: Michael Granto, Robert Ackerman, Stephanie Sutton, Nickolas Hill, Anthony Ackrill, George Wilson

Andrew Persons, Chief Operating Officer, spoke to the item indicating a need for a member with contractor experience on the Historic Preservation Board.

The City Commission voted by secret ballot.

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

  Action: The City Commission 1) reappointed Robert Ackerman, Nickolas Hill, and Stephanie Sutton to the City Plan Board; 2) appointed George Wilson to the Historic Plan Board.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

3.

2023-1118 Chapter 15 Noise Ordinance (B)

Cynthia Curry, City Manager, introduced the item.

Lonnie Scott, Sr., Police Chief, Gainesville Police Department, spoke to the item.

Dan Nee, City Attorney, spoke to the item that the current ordinance is legally defensible.

Public Comment: Anthony Ackrill, Anthony Lyons

• Moved by Commissioner Saco
  Seconded by Commissioner Willits

  Recommendation: The City Commission direct staff on next steps to update the noise ordinance.

  Motion: Direct staff to bring back to the General Policy Meeting on January 25, 2024, a road map of potential options and costs to address noise.

  Aye (7)

  Commissioner Saco, Mayor Ward, Mayor Pro Tempore Duncan-Walker, Commissioner Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits

  Approved (7 to 0)

4.

2023-1138 Agreement between the City of Gainesville, the Alachua County Sheriff and Alachua County for a Combined Communications Center (B)

Cynthia Curry, City Manager, introduced the item.

Lonnie Scott, Sr., Police Chief, Gainesville Police Department, spoke to the item that the agreement does not have an end date.

• Moved by Commissioner Book
  Seconded by Commissioner Willits

  Recommendation: The City Commission approve the request to enter into the Interlocal Agreement with the Alachua County Sheriff and Alachua County, and authorize the Mayor to execute the Interlocal Agreement, and any other required documents, subject to approval by the City Attorney as to form and legality.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

M.

RESOLUTIONS - AFTERNOON (Roll Call Required)

1.

2023-1076 Resolution for Grant Agreement for the University Avenue Complete Streets Project (B)

Jesus Gomez, Director of Transportation, introduced the item.

• Moved by Commissioner Saco
  Seconded by Commissioner Eastman

  Recommendation: 1) City Commission adopt the proposed Resolution and 2) authorize the City Manager or designee to execute all agreements, and any other necessary documents, on or behalf of the City, with the Florida Department of Transportation for SR 26 (University Avenue) Complete Streets Project, subject to approval by the City Attorney as to form and legality.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

2.

2023-1077 Resolution for 49 U.S. Code Chapter 53, Section 5310 Grant Applications (B)

Jesus Gomez, Acting Director of Transportation, introduced the item.

• Moved by Commissioner Eastman
  Seconded by Commissioner Saco

  Recommendation: The City Commission: 1) adopt a Resolution required in support of the Regional Transit System application for a Florida Department of Transportation 49 U.S. Code Chapter 53, Section 5310 grant for “Free Fare for Seniors,” and for capital assistance to purchase a replacement van; and 2) authorize the City Manager or designee to execute related Public Transportation Grant Agreement(s) with the Florida Department of Transportation, subject to approval as to form and legality by the City Attorney.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

3.

2023-1079 Resolution for 49 U.S. Code Chapter 53, Section 5311 Grant Applications (B)

Jesus Gomez, Director of Transportation, introduced the item, and gave thanks to Margie Allen for her grant work for the city.

Cynthia Curry, City Manager, spoke to the item.

• Moved by Commissioner Saco
  Seconded by Commissioner Eastman

  Recommendation: The City Commission: 1) adopt a Resolution required in support of the Regional Transit System application for a Florida Department of Transportation 49 U.S. Code Chapter 53, Section 5311 grant for assistance with costs for demand response for rural area transportation service; and 2) authorize the City Manager or designee to execute related Public Transportation Grant Agreement(s) with the Florida Department of Transportation, subject to approval as to form and legality by the City Attorney.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

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.

2023-827 Vacation of Public Right-Of-Way – Portion of SW 3rd Avenue and SW 1st Street (B)

Jason Simmons, Planner I, gave a presentation on the Vacation of Public Right-Of-Way – Portion of SW 3rd Avenue and SW 1st Street.

Clay Swager, Applicant, EDA Consultants Inc., gave a presentation.

• Moved by Commissioner Saco
  Seconded by Commissioner Book

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)
• Meeting recessed at 4:46 p.m.

Q.

COMMISSION COMMENT

4:30 - 5:30 PM Dinner Break

R.

CALL TO ORDER

Meeting called to order at 5:30 p.m.

S.

PLEDGE OF ALLEGIANCE

T.

PROCLAMATIONS & SPECIAL RECOGNITIONS

U.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

V.

RESOLUTIONS - EVENING (Roll Call Required)

1.

2023-1069 Seventh Budget Amendment to the FY 2023 General Government Financial and Operating Plan Budget (B)

Cynthia Curry, City Manager, introduced the item.

• Moved by Commissioner Willits
  Seconded by Commissioner Saco

  Recommendation: The City Commission adopt the proposed resolution.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

W.

BUSINESS DISCUSSION ITEMS - EVENING

1.

2023-598 Advisory Board and Committee Reports (B)

Robert Ackerman, Chair, City Plan Board, presented the board annual board.

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

  Heard

X.

COMMISSION COMMENT

Commissioner Saco - Seniors volunteer in the community which results in a property tax write-off.

Mayor Ward - The Holiday Parade is coming up on December 2nd at 12:00 p.m., a children's dance party will be at Bo Diddley Plaza at 3:00 p.m., and a holiday tree lighting will be at the Thomas Center at 5:30 p.m.

Commissioner Eastman - The Downtown Festival and Art Show is this weekend.

The meeting recessed at 6:20 p.m.

Y.

PUBLIC HEARINGS (Including Planning Petitions)

1.

2023-826 - Land Use Change - 0.16 Acres of Property Located at 1222 NW 16th Avenue (B)

Charles Merry

Please minimize future development possibilities by denying the rezoning request. This area has grown exponentially in the 30 plus years I have lived here and the traffic is beyond tolerable. The possibility of any further development should be out of the question and denied.

Lisa Merry

I have lived in this neighborhood for over 30 years and do not want to see the encroachment of urbanization beyond what it is in this already busy area. Rezoning can potentially lead to further development. The residential zones help with buffers against the impacts of high intensity areas. The neighbors of this community do not want this rezoning to take place either. I have a petition with 22 signatures from neighbors to stop the rezoning for Cotton’s Land Use.

Brittany McMullen, Planner IV, gave a presentation on the Land Use Change - 0.16 Acres of Property Located at 1222 NW 16th Avenue.

Mike Cotton, applicant, spoke to the item, gave a history of the property, and future plans.

Public Comment: Charles Merry, Lisa Merry, James McFarlane, Clea Lauriault, Mike Hetrick

• Moved by Commissioner Saco
  Seconded by Commissioner Willits

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

2.

2023-825 - Quasi-Judicial - Rezoning 0.16 Acres of Property Located at 1222 NW 16th Avenue (B)

Brittany McMullen, Planner IV, gave a presentation on the Rezoning - 0.16 Acres of Property Located at 1222 NW 16th Avenue.

Mike Cotton, applicant, spoke to the item.

Public Comment: James McFarlane

• Moved by Commissioner Eastman
  Seconded by Commissioner Saco

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Approve as Recommended. 

  Aye (5)	Commissioner Saco, Mayor Ward, Commissioner Eastman, Commissioner Book, and Commissioner Willits
  Absent (2)	Mayor Pro Tempore Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 0)

Z.

ORDINANCES: ADOPTION READING - EVENING (Roll Call Required)

AA.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

AB.

ORDINANCES: FIRST READING - EVENING (Roll Call Required)

AC.

ADJOURNMENT

Meeting adjourned at 7:34 p.m.