City of Gainesville
City Commission Regular Meeting
AGENDA

-
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 an accommodation in order to participate in this meeting, please contact the Office of Equity and Inclusion at (352) 334-5051 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.


A.

  

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.

  

Bishop Chris Stokes, The New Beginning Christian Worship Center, Inc.

C.

  

Includes Consent and Regular Agenda Items

D.

  

Department: Public Works

Description: Bid award for stormwater management continuing services agreement.


Fiscal Note: Funds for services is budgeted, as needed, in operating and capital project accounts.

  • Recommendation: The City Commission: 1) award Bid #PWDA-230028 to Watson Construction LLC for Stormwater Management Continuing Services and 2) authorize the City Manager or designee to negotiate and enter into an agreement in the amount of $4 million per fiscal year through FY27, subject to approval by the City Attorney or designee as to form and legality.

Department: Public Works


Description: Bid award for pavement management (preservation and surfacing) agreements.


Fiscal Note: Funds for services is budgeted, as needed, in operating and capital project accounts.

  • Recommendation: The City Commission: 1) award Bid #PWDA-230027 to Asphalt Paving Systems Inc., Pavement Technology, Inc., Preferred Materials, Inc., V.E. Whitehurst & Sons, Inc. and Watson Construction Company LLC for Pavement Management Continuing Services and 2) authorize the City Manager or designee to negotiate and enter into an agreement with each vendor in the amount of $4 million per fiscal year through FY27, subject to the approval by the City Attorney or designee as to form and legality.

Department: City Auditor

Description: The City Auditor's Office conducts all audits in accordance with Government Auditing Standards issued by the Comptroller General of the United States, and in accordance with the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors. These standards are broad statements of auditors' responsibilities and provide an overall framework for ensuring that auditors have the competence, integrity, objectivity and independence in planning, conducting and reporting on their work. In order to maintain compliance with Government Auditing Standards, the City Auditor's Office is required to undergo an external quality assurance review (peer review) every three years.

Fiscal Note: N/A

  • Recommendation: The City Commission accept the External Quality Control Review report, as recommended by the Audit Committee.

Department: City Auditor


Description: The City Auditor’s Annual Report, Risk Assessment and Audit Plan highlights Internal Audit activities and accomplishments over the past year in the first section, including a description of who we are and what we do, and activities and accomplishments.


Fiscal Note: N/A

  • Recommendation: The City Commission accept the City Auditor's report and audit plan, as recommended by the Audit Committee.

Department: City Auditor

Description: The scope of this audit covers City purchasing card transactions from January 1, 2021, through December 30, 2022, and includes a review for fraud, waste, and abuse. We performed audit fieldwork through inquiry, observation, and substantive testing for processes in scope. The Continuous Monitoring Program is split into four parts. This report details our Part I review.


Fiscal Note: N/A

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

Department: City Auditor

Description: The City Auditor Quarterly Update provides more transparency into activities conducted by the Office of the City Auditor. The update includes the status of our work in progress, audit issue follow-up, and other activities.


Fiscal Note: N/A

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

Department: Office of the City Clerk


Fiscal Note: This action does not have a financial impact.

  • Recommendation: The City Commission accepts the resignation of Jenna Horner effective immediately.

Department: Public Works


Description: A consent to appoint Larson McBride and Ryan Klein to the Tree Board of Appeals.


Fiscal Note: This action does not have a financial impact.

  • Recommendation: The City Commission 1) appoint Ryan Klein to serve on the Tree Board of Appeals for a one-year term, ending March 3, 2024, and 2) appoint Larsen McBride to the Tree Board of Appeals for a two-year term, ending March 3, 2025.

Department: Juvenile Justice and Community Services Program


Description: This is a request for the City Commission approval to accept grant provided by the National Police Athletic League to the Juvenile Justice and Community Services Program for mentoring services to at risk/high risk youth.


Fiscal Note: The overall goal of the grant is to serve 16 youth for mentoring services which will provide great opportunities for individual/group mentoring and academic achievement.  The amount of this grant award is $14,400.00 to the Gainesville Police Activities League for these services.

  • Recommendation: The City Commission authorize the City Manager or their designee to sign the National Police Athletics League grant funding on behalf of the City of Gainesville for the grant award.

Department: Parks, Recreation & Cultural Affairs


Description: This item is to authorize the City to enter into a cooperative purchasing contract with Rain Drop Products, LLC for the purchase and installation of a slide for Dwight H. Hunter Pool, located at 1100 Northeast 14th Street, Gainesville, FL 32601. The old slide was removed in December 2022 after a structural evaluation found the slide and its structural supports to be beyond repair.


Fiscal Note: Funds in the amount of $353,854.84 are available for the project from the WSPP City Pools ½ cent sales tax 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.

Department: Parks, Recreation & Cultural Affairs


Description: This item is to award Andrews Paving, Inc. the Tom Petty Park Improvement bid in the amount of $592,457.00.


Fiscal Note: Funds in the amount of $617,457.90 are available for the Tom Petty Park Improvement project from the WSPP Tom Petty Park Improvements Wild Spaces & Public Places ½ cent sales tax project account and the Wild Spaces & Public Places fund balance. Funds above the contract amount with Andrews Paving, Inc. are for the owner’s contingency.


There is an anticipated annual increase in operating and maintenance costs of $5,000 for materials and supplies, utilities, and additional services to maintain the shade structures and new concrete pathways.

  • 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.

Department: Office of the City Clerk


Fiscal Note: This action does not have a financial impact.

  • Recommendation: The City Commission appoint:          
    - Nora Kilroy to the Gainesville Cultural Affairs Board for a full term expiring September 30, 2025.
    - Davonda Brown to the Gainesville Community Reinvestment Area Advisory Board for a partial term expiring October 3, 2024.
    - Cristina Palacio to the Gainesville Human Rights Board for a full term expiring June 13, 2025.
    - Lynn Buchanan to the Nature Centers Commission for a full term expiring November 1, 2025.
    - Hermudanato to the Student Seat of the Nature Centers Commission for a partial student term expiring September 30, 2023 and the next full student term expiring September 30, 2024.
    - Cloretta Daniels and David Gold to the Public Recreation and Parks Board for full terms expiring June 1, 2025.
    - Harrison Scoville to the Regional Transit System Advisory Board for a partial term expiring September 30, 2024.
    - Claire Manley to the Tree Advisory Board for a full term expiring January 1, 2026.

    The City Commission recommends Bessie Jackson for appointment to the Library District Board of Trustees for a term expiring March 31, 2026.

Department: Office of the City Clerk


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

  • Recommendation: The City Commission approve a Budget Workshop scheduled for May 2, 2023 at 3:00 PM, located in the City Hall Commission Auditorium.

Department: Housing & Community Development


Description: The State Housing Initiatives Partnership (SHIP) Program is one of the City’s largest sources of funding for affordable housing programs. In order to continue to receive funds from the SHIP Program, the City must triennially update and submit its Local Housing Assistance Plan (LHAP). This item requests that the City Commission approve the proposed LHAP.


Fiscal Note: SHIP funding varies from year to year. However, staff anticipates annual SHIP Program allocations of $1 million to $1.3 million for FY2023-24, FY2024-25, and FY 2025-26, as appropriated by the State of Florida.

  • Recommendation: The City Commission: 1) Adopt the resolution approving the State Housing Initiatives Partnership Program Local Housing Assistance Plan for State Fiscal Years 2023/2024, 2024/2025, and 2025/2026; 2) authorize the submission of the Local Housing Assistance Plan to the Florida Housing Finance Corporation; and 3) authorize the Mayor and/or City Manager or designee to execute all necessary documents related to the Local Housing Assistance Plan, subject to review by the City Attorney as to form and legality.

Department: Office of the City Clerk


Description Last year, SHIP/AHAC created an alternate member to their board makeup. This appointment fills the alternate member seat.


Fiscal Note: This item has no financial impact.

  • Recommendation: The Mayor appoint Commissioner Cynthia Chestnut as an alternate to the State Housing Initiatives Partnership - Affordable Housing Advisory Committee (SHIP/AHAC) effective immediately.

Department: Public Works

Description: A request to amend the Interlocal agreement with Alachua County that regulates how curbside recycling is processed.


Fiscal Note: The annual estimated cost of this service is $200,000 and is budgeted in the Solid Waste Fund.

  • Recommendation: The City Commission authorize the City Manager, or designee, to execute the Fourth Amendment to the Interlocal Agreement with Alachua County for Recycling Processing and any additional amendments up to $200,0000 annually, subject to approval by the City Attorney as to form and legality.

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 during later agenda items.

Department: Office of the City Commission


Fiscal Note: This action does not have a financial impact.

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

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

Department: Transportation


Description: This item requests City Commission adoption of a Resolution authorizing the City Manager to execute two Public Transportation Grant Agreements between the City of Gainesville and the Florida Department of Transportation to receive Service Development Funds for Mobility Improvements and for Bus Stop Enhancements for the Regional Transit System.


Fiscal Note: The Public Transportation Grant Agreements requires the City of Gainesville to provide a 50% match for the grants. Funds are allocated in the Transportation Department FY23 budget to provide the required matches, using Transportation Mobility Program Area and Capital Improvement Projects funds.

  • Recommendation: The City Commission adopt the resolution.

Department: Transportation


Description: This is a request to accept comments at a Public Hearing on the Regional Transit System Program of Projects (POP) for Federal and State Fiscal Year 2023 and adopt a Resolution authorizing the filing of grant applications with the Federal Transit Administration and Florida Department of Transportation as listed in the POP.


Fiscal Note: The revenue for the Regional Transit System Program of Projects of $31,757,800 is included in the Transportation Improvement Program approved by the Metropolitan Transportation Planning Organization.

  • Recommendation: The City Commission: 1) accept comments at a Public Hearing on the Regional Transit System Program of Projects for Federal and State FY 2023; and 2) adopt the Resolution authorizing the Regional Transit System to file grant applications with the Federal Transit Administration and Florida Department of Transportation as outlined in the Regional Transit System Program of Projects for Federal and State FY 2023.

Department: Financial Services


Description: A resolution to enter into grant agreements with the Florida Department of Emergency Management (FEMA) for eligible expenses related to Hurricane Ian.


Fiscal Note: FEMA Public Assistant Funds will provide reimbursements to various funding sources expended during the Hurricane Ian Declared State of Emergency in 2022. The Hazard Mitigation Grant Program (HMGP) requires a local match of 25%; the local match for any awarded projects with be funded with the Stormwater Management Utility Fund and/or through a Joint Participation Agreement with the Gainesville Regional Airport.

  • 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 HMGP related to Hurricane Ian, DR-4673, subject to approval by the City Attorney as to form and legality.

12:00-1:00 PM Lunch Break

H.

  

I.

  

Vivian Filer

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 during later agenda items.

K.

  

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.

Department: Office of the City Clerk


Fiscal Note: This action does not have a financial impact.

  • Recommendation: The City Commission discuss the appointment to the Utility Advisory Board and take appropriate action.

Department: Sustainable Development


Description: This is the submission of a petition for the voluntary annexation of parcel 07251-019-000, located at 3926 SW 13th Street, owned by Tyagiji LLC. This parcel is generally located west of SW 13th Street, south of tax parcels 07251-009-001 and 07251-009-002, east of SW 15th Street, and north of SW Williston Road.


Fiscal Note: N/A

  • Recommendation: The City Commission: 1) receive the petitions for annexation and make findings that it contains the signature of the property owners or authorized agents; 2) authorize the Mayor to provide notice to the Board of County Commissioners; 3) direct the City Manager to analyze the area; and 4) authorize the City Attorney to prepare and the City Clerk to advertise ordinances relating to the annexation of the area, if appropriate.

Department: Public Works

Description: A resolution to enter into grant agreements with the Florida Department of Environmental Protection for the construction of the Glen Springs Restoration Project and an updated City-wide Vulnerability Assessment and Adaptation Plan.

Fiscal Note: The Glen Springs Creek Restoration Project construction is estimated to cost $480,000; the grant award is limited to a 50% match, up to $239,758. The funding source for the match or any additional construction cost is the Stormwater Management Utility Fund. The City of Gainesville Updated Vulnerability Assessment and Adaptation Plan is estimated to cost $400,000; the grant award is $400,000 and there is no match requirement. Any additional cost will be funded with the Stormwater Management Utility Fund.

  • Recommendation: The City Commission adopts the Resolution which authorizes 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 Environmental Protection for the Glen Springs Creek Restoration Project and Vulnerability Assessment and Adaptation Plan, subject to approval by the City Attorney or designee as to form and legality.

Department: GRU, Budget/Finance/Accounting


Description: In 2017 as part of the financing to acquire the DHR facility, GRU issued $150,000,000 original principal amount of Variable Rate utilities System Revenue bonds, 2017 Series B (the “2017 Bonds”) in variable rate 2017 Series B Bonds in the form of a direct purchase agreement with Wells Fargo Bank. This was a three year agreement, and in 2020 $45,000,000 of the 2017 Bonds were renewed with Wells Fargo and remained designated as 2017 Series B Bonds, and $105,000,000 were refunded through a direct purchase agreement with TD Bank and re-designated as 2020 Series B Bonds. This direct placement expires this year, and staff is proposing that the 2020 Series B Bonds be refunded through a variable rate direct purchase agreement with TD Bank.


Fiscal Note: TD Bank’s bid on the 2023 Series B Bonds is 80% of SOFR plus 53 basis points. At the rates as of the date of this writing, after factoring in the effects of the fixed to floating swap, the net effective borrowing rate on the 2023 Series B Bonds is ~2.83%.

  • Recommendation: The City Commission approve the resolution authorizing: 1) refunding of the $105,000,000 2020 Series B Bonds through the issuance of the 2023 Series B Bonds to be purchased by TD Bank in the principal amount of $105,000,000 and 2) amendment of the underlying fixed to floating swap on the 2020 Series B Bonds with Goldman Sachs to change the index on the swap from LIBOR to SOFR and the percentage of the index. In their 3/28/23 meeting, the UAB voted unanimously to advise the Commission to approve the staff recommendation.

Department: GRU, Budget/Finance/Accounting


Description: In 2017 as part of the financing to acquire the DHR facility, GRU issued:

  • $150,000,000 in variable rate 2017 Series B Bonds in the form of a direct purchase agreement with Wells Fargo Bank, and
  • $115,000,000 in variable rate 2017 Series C Bonds in the form of a direct purchase agreement with Bank of America

    These were three year agreements with termination dates in November of 2020. In 2020 $45,000,000 of the 2017 Series B Bonds were renewed for three years with Wells Fargo and remained designated as 2017 Series B Bonds. The $115,000,000 in Series 2017 C Bonds were renewed for three years with Bank of America. Both of these direct purchase agreements expire this year, and staff is proposing that the two issues be currently refunded through a variable rate direct purchase agreement with Truist Commercial Equity, Inc. an affiliate of Truist Bank (“Truist”) through the issuance of $160,000,000 of the Bonds.


Fiscal Note: Truist’s bid on the 2023 Series A Bonds is 79% of SOFR plus 57 basis points. At the rates as of the date of this writing, after factoring in the effects of the fixed to floating swap, the net effective borrowing rate on the $45,000,000 of refunded 2017 Series B Bonds is ~2.62% and the effective borrowing rate on the $115,000,000 of refunded 2017 Series C Bonds is ~2.47%.

  • Recommendation: The City Commission approve the resolution authorizing 1) refunding of the $45,000,000 2017 Series B Bonds and $115,000,000 2017 Series C Bonds through the issuance of the 2023 Series A Bonds to be purchased by Truist in the principal amount of $160,000,000 and 2) amendment of the underlying fixed to floating swap on the 2017 Series B Bonds with Citi Bank to change the index on the swap from LIBOR to SOFR and the percentage of the index. In their 3-28-23 meeting, the UAB voted unanimously to advise the City Commission to approve the staff recommendation.

Department: Office of the City Attorney

Description: Ordinance No. 2023-243: An ordinance of the City of Gainesville, Florida, amending Chapter 2, Article II, Code of Ordinances by returning to a methodology regarding salaries for the mayor and members of the city commission consistent with the methodology in place prior to the enactment of Ordinance No. 2022-758; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.


Fiscal Note: The ordinance will present no additional fiscal impact, and will negate a potential fiscal impact of over $400,000 resulting from the implementation of Ordinance No. 2022-758.

  • Recommendation: The City Commission adopt the proposed ordinance.

Q.

  
4:30 - 5:30 PM Dinner Break

R.

  

S.

  

Metcalfe Elementary School Safety Patrol

Department: GRU, Water Department


Description: This item will:

  1. Recognize the importance of our local water resources through a Mayor’s Proclamation for Water Conservation Month.
  2. Recognize the importance of community participation in water conservation by announcing the Mayor’s Challenge water conservation contest and encourage citizens to pledge to conserve water at https://www.mywaterpledge.com/.
  • Recommendation: Mayor Ward issue a proclamation for Water Conservation Month and announce the April 2023 water conservation contest, The Mayor’s Challenge.

Department: Office of the City Clerk

  • Recommendation: To be presented to E. Stanley Richardson, Poet Laureate for Alachua County.

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 during later agenda items.

V.

  

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

Department: Public Works


Fiscal Note: The fiscal impact associated with this request is approximately $300.00; which includes the cost of materials, equipment, and labor to fabricate and install the signage. This funding is available in Public Work’s FY 2023 operating budget.


A resolution to adopt “Pastor Samuel Jones, Jr. Blvd” as the honorary street name for NE 19th Street.

  • Recommendation: The City Commission adopt the Resolution to dual name NE 19th Street between NE 3rd Avenue and NE 7th Avenue as “Pastor Samuel Jones, Jr. Blvd.”

Department: City Attorney


Description: Ordinance No. 211459: An ordinance of the City of Gainesville, Florida, amending the Comprehensive Plan of the City of Gainesville by amending the Future Land Use Map and Policy 4.3.4 of the Comprehensive Plan Future Land Use Element pertaining to certain property generally located north of U.S. 441 and both east and west of SR 121, 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.

This item has attachments.  

Department: City Attorney


Description: Ordinance No. 211460: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning certain property generally located north of U.S. 441 and both east and west of SR 121, as more specifically described in this ordinance, from Alachua County Agriculture (A) district to City of Gainesville Planned Development District (PD); adopting a PD report with 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. 

AB.

  

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

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