City Commission Regular Meeting

MINUTES

Thursday, November 17, 2022 at 10:00 A.m. - 10:00 P.m.

City Hall Auditorium

200 East University Avenue

Gainesville, FL 32601

Members Present:

• Mayor Poe, 
• Commissioner Duncan-Walker, 
• Commissioner Ward, 
• Commissioner Arreola, 
• Commissioner Hayes-Santos, 
• Commissioner Chestnut, 
• and Mayor-Commissioner Pro Tem Saco

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A.

CALL TO ORDER - 10:02 AM 

B.

INVOCATION

Father Fletcher Montgomery, Rector, Holy Trinity Episcopal Church

Mayor-Commissioner Pro-Tem Saco arrived at 10:04 AM.

C.

ADOPTION OF THE AGENDA - Includes Consent and Regular Agenda Items

Recess - 10:14 AM

Reconvene - 10:24 AM

Public Comment: Jo Beaty, Kali Blount

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  Motion: Approve with modifications. Move M1 and O1 to 5:30 PM and move D6 to Regular Agenda.

  Nay (6)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Commissioner Arreola

  Failed (0 to 6)
• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Motion: Adopt with modifications and pull D6 to morning.

  Aye (5)	Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Nay (1)	Mayor-Commissioner Pro Tem Saco
  Absent (1)	Commissioner Arreola

  Approved (5 to 1)

D.

CONSENT AGENDA

• Recommendation: The City Commission adopt the consent agenda.

   
• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Motion: Approve as Recommended.

  Aye (5)	Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Nay (1)	Mayor-Commissioner Pro Tem Saco
  Absent (1)	Commissioner Arreola

  Approved On Consent (5 to 1)

1.

Approval of Minutes from the City Commission Meetings of October 6 and October 17, 2022

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission approve the minutes from the October 6 and October 17, 2022 City Commission meetings.

  Approved On Consent (6 to 0)

2.

Grounds Maintenance for Gainesville Fire Rescue 2022-688 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission authorize the City Manager or designee to execute the agreement and approve the purchase order subject to approval by the City Attorney as to form and legality.

  Approved On Consent (6 to 0)

3.

State Legislative Priorities 2022-693 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission reviews and approves the list of draft legislative priorities intended for the 2023 state legislative session.

  Approved On Consent

4.

Approval of a Community Land Trust Agreement 2022-705 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission 1) approve the CLT agreement between the City of Gainesville and Bright Community Trust, Inc.; and 2) authorize the Interim City Manager, or designee, to execute the agreement.

  Approved On Consent

5.

Proposed Amendment to Cost Participation Agreement with St. Johns River Water Management District for Construction and Maintenance of the Black Creek Water Resource Development Project 2022-720 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: City Commission approve the proposed amendment to the cost participation agreement and have the mayor sign it.

  Approved On Consent (6 to 0)

6.

Resignation of Benjamin Fox from the Public Recreation and Parks Board 2022-730 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission accepts the resignation of Benjamin Fox, effective immediately.

  Approved On Consent

7.

Award Recommendation for the RFP for Sports Complex Feasibility and Pro Forma Study 2022-716 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Recommendation: The City Commission (1) Award the RFP to C. H. Johnson Consulting, Inc., the number one ranked firm, to conduct a Sports Complex Feasibility and Pro Forma Study, and 2) authorize the City Manager or their designee to execute the contract and any related documents, subject to approval by the City Attorney as to form and legality.

  Approved On Consent

E.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Jo Beaty

F.

BUSINESS DISCUSSION ITEMS - MORNING

1.

Discussion of Interim City Auditor Appointment 2022-736 (B)

• Moved by Mayor-Commissioner Pro Tem Saco
  Seconded by Commissioner Ward

  Recommendation: The City Commission discuss the appointment of an Interim City Auditor and take any action deemed necessary.

  Motion: Appoint Brecka Anderson as Interim City Auditor and authorize the Mayor to negotiate the contract.

  Aye (6)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Commissioner Arreola

  Approved (6 to 0)

G.

RESOLUTIONS – MORNING (Roll Call Required) 

1.

Acceptance of FAA AIP Grant No. 3-12-0028-052-2023 2022-687 (B)

Erik Bredfeldt, Director of Economic Development and Innovation spoke to the matter.

Recess - 11:19 AM

Reconvene - 1:00 PM

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  Recommendation: The City Commission adopt the resolution and authorize the Mayor and City Attorney to execute and the City Clerk to certify said Grant Agreement.

  Motion: Approved as Recommended

  Aye (6)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Commissioner Arreola

  Approved (6 to 0)

2.

City Commission Office Spending Policy 2022-729 (B)

Ginger Bigbie, City Auditor spoke to the matter.

Public Comment: Jo Beaty, Armando Grundy-Gomes, Walter Williard

• Moved by Commissioner Chestnut
  Seconded by Commissioner Duncan-Walker

  Recommendation: The City Commission approve the policy with an effective date of January 1, 2023.

  Motion: Approve as Recommended.

  Aye (6)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Commissioner Arreola

  Approved (6 to 0)
• Moved by Commissioner Chestnut
  Seconded by Commissioner Duncan-Walker

  Motion: Beginning FY October 1, 2023, travel reimbursement will not be extended to Commissioners leaving office to allow new Commissioners the full use of the funds allotted per year.

  Aye (1)	Commissioner Chestnut
  Nay (5)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Ward, Commissioner Duncan-Walker, and Mayor Poe
  Absent (1)	Commissioner Arreola

  Failed (1 to 5)

12:00-1:00 PM Lunch Break

H.

CALL TO ORDER – 1:00 PM

I.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Peter McNiece

Commissioner Arreola arrived at 1:01 PM.

J.

GENERAL PUBLIC COMMENT

Reverend Griner, Chuck Ross, Jo Beaty, Jordan Fennell, Zahra Abyaziemi, Debbie Martinez

Commissioner Duncan-Walker arrived at 1:05 PM.

K.

BUSINESS DISCUSSION ITEMS - AFTERNOON

1.

Appointments to the City Plan Board, Development Review Board, Gainesville/Alachua County Regional Airport, Gainesville Human Rights Board and the Historic Preservation Board 2022-723 (B)

Thomas Hawkins and Jason Sanchez spoke to their City Plan Board applications.

LeDonna Carlyle and Peter McNiece spoke to their Historic Preservation Board applications. 

Public Comment: Jo Beaty

Mayor-Commissioner Pro Tem Saco left at 1:21 PM.

Mayor-Commissioner Pro Tem Saco arrived at 1:23 PM.

• Recommendation: The City Commission discuss the appointments to the City Plan Board, Development Review Board, Gainesville/Alachua County Regional Airport, Gainesville Human Rights Board and the Historic Preservation Board and take appropriate action.
• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Arreola

  Motion: Appoint Jason Sanchez and Renz Torres to the City Plan Board for a term expiring 11/1/2025.

  Aye (4)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, and Mayor Poe
  Nay (3)	Commissioner Ward, Commissioner Duncan-Walker, and Commissioner Chestnut

  Approved (4 to 3)
• Moved by Commissioner Chestnut
  Seconded by Commissioner Arreola

  Motion: Appoint Rebecca Herrin to one full term expiring 11/1/23 to the Development Review Board. Appoint Fraleigh Krause to one full term expiring 11/1/24. 

  Aye (4)	Commissioner Hayes-Santos, Commissioner Arreola, Mayor Poe, and Commissioner Chestnut
  Nay (3)	Mayor-Commissioner Pro Tem Saco, Commissioner Ward, and Commissioner Duncan-Walker

  Approved (4 to 3)
• Moved by Commissioner Chestnut
  Seconded by Commissioner Ward

  Motion: Appoint Kevin Thorpe and Curtis Reynolds to the Gainesville/Alachua Regional Airport Authority for a term expiring 7/31/2025. 

   

  Aye (7)

  Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Approved (7 to 0)
• Moved by Mayor-Commissioner Pro Tem Saco
  Seconded by Commissioner Ward

  Motion: Appoint Jonathan Stephens to the Human Rights Board for a term expiring 2/2/2023 and readvertise the second vacancy.

   

  Aye (7)

  Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Approved (7 to 0)
• Moved by Mayor-Commissioner Pro Tem Saco
  Seconded by Commissioner Ward

  Motion: Appoint Peter McNiece to the Historic Preservation Board. 

  Aye (3)	Mayor-Commissioner Pro Tem Saco, Commissioner Arreola, and Commissioner Ward
  Nay (4)	Commissioner Hayes-Santos, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Failed (3 to 4)
• Moved by Commissioner Arreola
  Seconded by Mayor-Commissioner Pro Tem Saco

  Motion: Appoint Bridgette Murphey (Student Applicant) to the Historic Preservation Board for a term expiring 9/30/2023.

  Aye (7)

  Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Approved (7 to 0)
• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Motion: Continue HPB appointment to 12/1/22 and amend policy to city employees (future) not allowing to serve on boards with exception of Employee Pension Board.

  Aye (7)

  Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Approved (7 to 0)

2.

Updating to State Formula for Commission Salaries – Commissioner Hayes-Santos 2022-745 (B)

Mayor-Commissioner Pro Tem Saco left the meeting at 2:20 PM.

Public Comment: Jo Beaty, Robert Mounts and John Barrow.

Recess - 2:24 PM

Reconvene - 3:00 PM

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Motion: Move to afternoon.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)
• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Arreola

  Recommendation: The City Commission direct staff to 1) Draft ordinance that comes back for first reading on December 1, and second reading on December 15. 2) Change to the salary would take effect October 1, 2023. 3) Ordinance shall reflect the state population-based formula used for county commissioners. 4) Mayor shall receive a salary that is 25% higher than the city commissioner salary to compensate for increased workload and demand.

  
  Motion: Approve as Recommended.

  Aye (5)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Nay (1)	Commissioner Ward
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (5 to 1)

L.

RESOLUTIONS - AFTERNOON (Roll Call Required)

M.

ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

1.

Amend Future Land Use Map from Urban Mixed Use High (UMUH) to Planned Use District (PUD) 2022-536 (B)

Robert Mounts

My opposition was explained in the Gainesville Sun at the link below: https://www.gainesville.com/story/news/2022/09/28/robert-mounts-gainesville-needs-moratorium-development/8091557001/

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

2.

Rezone from Urban Transect Zone U9 to Planned Development (PD) 2022-537 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

N.

ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

1.

Amending the “City of Gainesville Sexual Offender and Sexual Predator Ordinance" Residency Prohibition Regarding Applicability and Geographic Area 2022-600 (B)

Dennis Jacques

Sex offender proximity laws are an embarrassment and a black mark on American democracy. They should absolutely be reformed or, better yet, repealed entirely.

JUWAN NEWTON

I am sure this amendment.

johandy

This change is a good step towards the right direction regarding sex offender laws. The sex offender registry should be abolish because in reality do not prevent any sexual assault. and the reason is because only 5% or less sexual misconduct is by an stranger. Thanks for taking this decision!

Teresa Bond

I am in support. Thank you!

Roy Edward Smart

The recidivism rate is not "alarmingly high," and keeps dropping with the convicted's age.

Al P. Mizell

Please approve the amendment. and numerous studies have shown the negative effects of the 2500-ft. limit and none of the public safety benefits that were expected. The 2500 ft. limit has led to homelessness and problems that shouldn't occur. A neighbor's son is on the registry and he needed surgery. He needed to come to her home for recovery but could only be there during the day due to 2500 ft limit. Thus, he had to go back on the street each night. I urge you to vote for the amendment.

Sarah Fiebig

Research shows that residency restrictions do nothing to protect society but cause collateral damages for registrants' family members.

Bonnie Chamberlain

Countless Empirical Research Studies show that residency restrictions have done nothing to protect the children, and may even give parents a false sense of security. These restrictions also create problems for the registrant's families and friends, which are that particular persons support system.

DCG

This is a humane and sensible adjustment to an ordinance due to low recidivism .

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

2.

Land Development Code Amendments to Parking Regulations and Minimums 2022-582 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

3.

Quasi-Judicial – Rezoning 25.38 Acres of Property Located West of Interstate 75 and North of SW 8th Avenue 2022-628 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

O.

ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

1.

Revisions to Ch. 14.5 titled “Miscellaneous Business Regulations” of the City Code of Ordinances adding Article IX Fair Chance Hiring, and amending Ch. 2, Sec. 2-339 titled “Applicable codes and ordinances” listing Article IX of Ch. 14.5 2022-617 (B)

Recess - 2:44 PM

Reconvene - 3:00 PM

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

P.

COMMISSION COMMENT

4:30 - 5:30 PM Dinner Break

Q.

CALL TO ORDER - 5:30 PM

R.

PLEDGE OF ALLEGIANCE

S.

PROCLAMATIONS & SPECIAL RECOGNITIONS

Commissioners Chestnut and Duncan-Walker arrived at 5:32 PM.

1.

Sigma Gamma Rho Sorority, Inc. 100th Founders’ Day 2022-727 (B)

Heard

• President Eta Phi Sigma, Sigma Gamma Rho Sorority, Reshone N Flanders to accept the proclamation.

T.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

U.

RESOLUTIONS - ROLL CALL REQUIRED

1.

Resolution to Support Acquisition of Radios from Motorola Solutions, Inc. 2022-714 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed resolution.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

2.

Seventh Budget Amendment to the FY 2022 General Government Financial and Operating Plan Budget 2022-685 (B)

Public Comment: Jo Beaty

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed resolution.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

V.

BUSINESS DISCUSSION ITEMS

1.

Award of the Low-Income Housing Tax Credit Project 2022-568 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The AHAC recommends that the City Commission: 1) Hear a presentation from the AHAC and staff; 2) Approve funding and loan terms for the Woodland Park, Phase 2 Affordable Rental Housing Project in the amount of $460,000.00 from the ConnectFree Program; and 3) Authorize the City Manager or designee to execute any documents necessary to such funding, subject to City Attorney approval as to form and legality.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

W.

PUBLIC HEARINGS (Including Planning Petitions)

X.

ORDINANCES : ADOPTION READING - EVENING (Roll Call Required)

Y.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

1.

Land Use Amendment for Property Located North of U.S. 441 and both East and West of SR 121 2022-591 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance.

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

2.

Quasi-Judicial – Rezoning Property Located North of U.S. 441 and both East and West of SR 121 2022-602 (B)

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Ward

  Recommendation: The City Commission adopt the proposed ordinance. 

  Motion: Continue to 11/29/22.

  Aye (6)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Mayor-Commissioner Pro Tem Saco

  Approved (6 to 0)

Z.

ORDINANCES: FIRST READING - EVENING (Roll Call Required)

AA.

COMMISSION COMMENT

AB.

 ADJOURNMENT - 5:36 PM