Local

L-R: Commissioners Bryan Eastman and Cynthia Chestnut at the March 23 General Policy Committee meeting

By JENNIFER CABRERA/Alachua Chronicle

GAINESVILLE, Fla. – At the March 23, 2023 meeting of the Gainesville City Commission’s General Policy Committee, Mayor Harvey Ward put an item on the agenda to discuss the local bill proposed by Rep. Chuck Clemons that would establish an independent governing board for Gainesville Regional Utilities (GRU), appointed by the governor. Ward said he put it on the agenda because he has “a tremendous amount of anxiety” about the bill, particularly the uncertainty inherent in working on next year’s budget when the final language of the bill has not been set. Ward said Clemons had encouraged amendments to the draft language, and “this is the best opportunity for us as a commission to have a discussion about that.”

Commission Bryan Eastman said he thought the voters spoke in 2018 when a referendum that would have created an independent board appointed by the City Commission failed. Regarding a governing board, he said, “It’s a structure that can work. Our voters didn’t want that structure, but it can work.” However, Eastman a board appointed by the governor “experimental” and said it could “force us into odd angles that we’re not sure where they’re going to go.”

Eastman preferred a referendum or at least getting input from the Greater Gainesville Chamber of Commerce or the Finance Department at GRU to get “a replicable, just normal authority, board, that is not as experimental as this is.”

Commissioner Casey Willits agreed that the bill is “experimental, even the word ‘radical,’ it’s a radical consolidation of power at the state level, as opposed to the local; I think it’s hard to argue against that.” He said he hoped Clemons would seek feedback from “people who live in Gainesville, people who have been active on our Utility Advisory Board, people who have been active on this commission in the past who have been, you know, the board of GRU.” He wondered whether the City Commission would continue to set the salary for the GM or would have to pay a salary they have no control over. 

“We cannot sit back, let it happen, and not take any action. So we need somebody out there fighting our battle for us because it is a battle. This is not a little nice gentleman’s agreement; this is not a little nice gentleman’s bill. This demands action on our part.” – Commissioner Cynthia Chestnut

Commissioner Cynthia Chestnut recommended continuing to work on their response to the Joint Legislative Audit Committee, cutting the General Fund Transfer from GRU to General Government, and sitting individually with their lobbyist to discuss amendments to the bill. Chestnut asked her fellow commissioners to “seek a consultant or outside counsel to assist us in this process. As Professor Little pointed out to us, there are severe constitutional defects in this bill. We cannot sit back, let it happen, and not take any action. So we need somebody out there fighting our battle for us because it is a battle. This is not a little nice gentleman’s agreement; this is not a little nice gentleman’s bill. This demands action on our part.”

Ward said, “Folks have come to understand over the decades that it’s the job of the people that sit up here to deliver [City] services, through our excellent City staff of more than 2,000 Community Builders. What I’ve read from the bill put in front of us… leaves so many questions open that I cannot, with a straight face, go to any of our constituents and say, ‘I trust that everything’s gonna keep working if this passes.’ I can’t say that with a straight face.”

“Nothing being contemplated is going to change your pensions.” – Mayor Harvey Ward

However, Ward said he was confident that “nothing being contemplated is going to change your pensions… Beyond that, particularly as it pertains to the utility, there are so many unanswered questions in this draft bill that I can’t tell you that everything’s gonna work just fine… We, I believe, have a responsibility to make sure that the people of Gainesville are cared for… and that if they are not, we speak loudly enough so that they know we’re on their side.”

Ward said the situation is “entirely unique” because the local bill was filed in the middle of the legislative session, “not before the legislative session, as the constitution requires.” The legislative dates document for the 2023 legislative session states that March 7 (the date Clemons announced the draft bill) is the deadline for a bill to be approved for filing.

Commissioner Ed Book requested that staff provide a full update on the City’s response to JLAC at the April 6 City Commission meeting “because that April 10 deadline looms large, and if there’s any opportunity for us to say, ‘Wait just a minute–we are taking very significant fiscal actions,’ that’s the date.”

“For example, if there’s going to be a board, I want a seat [representing this commission] on that board… maybe two.” – Commissioner Cynthia Chestnut

Chestnut said, “The lobbyist must sit down with us. The lobbyist must know what we would like as amendments in the bill. For example, if there’s going to be a board, I want a seat [representing this commission] on that board… maybe two.” She added, “If we don’t work to get anything in the bill, we get nothing… We’ve got to ask.”

Chestnut made a motion, which was seconded by Willits:

• Hire outside counsel to help defend the City of Gainesville constitutionally from this bill.
• Set individual meetings with the City’s lobbyist to provide amendments. 
• Continue to meet the requirements of JLAC and look at a “severe reduction” in the GFT. 

Chestnut said they would need an attorney “to take this into the federal courts.” City Attorney Daniel Nee said the Commission should wait to see what comes out of the legislature. He said that having a board appointed by the governor “is a significant twist that might have a fatal flaw in it, when it comes to review in the federal courts. That is a twist that provides an executive empowered to do what is typically a legislative function, but we don’t know if that’s what it’s going to be.”

Eastman said, “My hope for how this whole thing turns out is–Clemons says, ‘Oh, I’m sorry, I had a bad day. I’m gonna go back to being Speaker Pro Tem,’… that he come out with something we can live with… Whatever happens with this, it’s all on Representative Clemons.” Eastman said they need to be prepared “right afterwards” to react. 

Chestnut said the commission needs “to get a seat or two on that board, to protect our citizens, because the citizens will not be represented on that board. The citizens are only represented by their elected representatives–that’s who represents them. We need a seat on the board. That should be very clear.”

Willits said, “We have to go to war to fight for what is truly worthy and important and vital for our residents and our neighbors… We need a full-court press.”

Book said, “I do believe that regardless of the track we take, we would want to push for proportionate representation. That’s the default… If something is in fact legislated, then we would need to have a seat at the table, and it wouldn’t be one seat… my preference would be all the seats, but it would be that proportion thing.”

Ward said a board like the Gainesville Regional Airport Authority makes sense; a majority of those members are appointed by the Gainesville City Commission “because we own the dirt, the people of Gainesville own the land under the airport, so that authority is mostly appointed by the Gainesville City Commission on behalf of the people who own the darn thing.” Ward added that the GFT will probably be less than half what it has been recently.

After public comment, which was mostly in favor of the motion, the board voted unanimously for the motion. Nee asked for a clarification on the timing of hiring outside counsel, pointing out that the City already has relationships in place with law firms who specialize in utility services. Chestnut replied, “Let’s prepare and be ready to jump into action once the bill is signed… maybe we can get an injunction.” 

Alachua Chronicle asked Rep. Clemons whether he had a comment about the City’s intention to sue if they don’t like the bill. He responded, “This proves why the bill is necessary. Instead of addressing the issues, they continue to sidestep the problem. I look forward to opening up their books and their entire operations during the discovery process, should they choose to litigate. Sunlight is the best disinfectant. This won’t end well for the City.”

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ALACHUA COUNTY, Fla. ‒ The Alachua County Commission will hold a Special Meeting on Tuesday, April 4, 2023, to discuss the proposed Newberry Meat Processing Facility. The meeting begins at 5 p.m. in the Jack Durrance Auditorium on the second floor of the County Administration Building at 12 S.E. 1^st Street, Gainesville.

The Federal government provided Alachua County funding through the American Rescue Plan as COVID relief. Alachua County has budgeted $2.5 million to construct a USDA-certified meat processing facility/workforce training center.

Learn more about the Meat Processing Facility.

The County Commission approved the preliminary work plan at their Dec. 6, 2022, Special Meeting.

View the December 6 discussion.

View the backup items from this meeting:

• • Alachua County Farm Bureau LoS 10-17-22 (1).pdf
  • Angle Support for Meat Processing Facility.pdf
  • CSNCFL Letter of Support - Alachua County Meat Processing Plant (2).pdf
  • Final Meat Processing Job-Training Facility SLFRF-Recovery-Plan-Performance-Report 11-17-22.pdf
  • LargeAnimalMeatProcessSupportLtr_Nov2022.pdf
  • Santa Fe College LoS Sept 2022 (1).pdf
  • BA - ARP2021x014.pdf

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By JENNIFER CABRERA/Alachua Chronicle

TALLAHASSEE, Fla. – In an Alachua County Legislative Delegation meeting on March 17, 2023, in Tallahassee, the Alachua County delegation voted 4-1, with Rep. Yvonne Hinson in dissent, to move forward with a proposed local bill that would create a board appointed by the governor to govern Gainesville Regional Utilities (GRU).

In his opening remarks, Rep. Chuck Clemons, the sponsor of the local bill, compared the board to other statutorily-constructed boards such as Gainesville Alachua County Regional Airport Authority and the Children’s Trust Board. He said the legislature has authority under Article 3, Section 10 of the Florida Constitution to pass Special Acts by following a process that includes notice of the proposed law 30 days before it is filed. That notice was first published on March 9, so the actual bill will be filed on April 10. Notice is not required if the Special Act requires a successful referendum before becoming a law, but Clemons emphasized, “This is not a referendum.”

Clemons also said that public hearings are not required for Special Acts, but he thinks holding a hearing is a good practice. He continued, “What we have known is that the governance of GRU by the City [of Gainesville] has been in some sort of peril for several years, with a myriad of issues–we’re not here to place blame today on anyone; the delegation members have to manage the situation.” Reviewing the history, Clemons said that he and Senator Keith Perry had requested an audit of the City in 2019, and they only recently received the report of the audit, which was heard by the Joint Legislative Audit Committee (JLAC) on Feb. 23, 2023.

“The legislature has the authority and retains the authority to represent the best interests of the citizens by deciding local issues by Special Act if we have to, and we would be derelict if we didn’t exercise our constitutional and statutory authority to correct, or help to correct, decade-long problems when they get worse by being ignored.”- Rep. Chuck Clemons

Clemons said, “I want to reiterate–we’re the state elected officials from Alachua County and its municipalities… We’re not outsiders… We’re observers, we’re residents, we’re taxpayers, and we’re elected officials for the State of Florida. The City of Gainesville and Alachua County are subdivisions of the State of Florida.” Clemons said the legislature has taken away the charter of two cities during his seven years as a representative. “So it’s not on an equal plane… The legislature has the authority and retains the authority to represent the best interests of the citizens by deciding local issues by Special Act if we have to, and we would be derelict if we didn’t exercise our constitutional and statutory authority to correct, or help to correct, decade-long problems when they get worse by being ignored.”

Clemons said there was a “strong likelihood that a new board appointed by the governor would be more responsive to GRU customers that reside outside of the city limits–currently 40 percent of all of the users of the utility do not have a voice.” He promised that the bill would require one member of the five-member board to be a GRU customer living outside the city limits; he also emphasized that this person would, therefore, “live locally.” 

Clemons said he hoped the Special Act would help reverse “the decline and the disastrous chart” the City is on. 

Provisions of the Bill

The proposed bill will establish the powers and the duties of the board and set the term limits and qualifications of the members, who will have staggered terms. One member will be a residential customer “with substantial knowledge of GRU, its operations, and its history”; at least one member will be a private, non-governmental customer of GRU that consumes at least 10,000 kWh per month during each of the previous 12 months; three members will be “competent and knowledgeable” in one or more of a list of technical and financial fields. The board members will have no salaries. The bill will also provide a means for removing and suspending board members for cause and “provides for the continued service of GRU personnel.”

Gainesville Mayor Harvey Ward

“Candidly, anyone who gets service from GRU has pretty direct access to the Gainesville City Commission. I don’t go to Publix or Lowe’s or church or to pick my kids up from school, without somebody talking to me about the job… We’re readily accessible, and I have never once said, in the checkout line of Publix, ‘Do you live in the city of Gainesville?’ when someone asks a question.” – Gainesville Mayor Harvey Ward

Clemons gave Gainesville Mayor Harvey Ward “the first bite at the apple” when the discussion moved to the public. Ward said he takes this “certainly in the terms as you’ve described it, an opportunity to help the people of Gainesville.” He said he wants GRU to continue to provide “great service, locally-owned, locally-controlled,” to its customers. He corrected Clemons, saying 31 percent of electric customers live outside the city limits; about 40 percent of gas customers live outside the city, 37 percent of water customers, and 36 percent of wastewater customers. Ward said, “Candidly, anyone who gets service from GRU has pretty direct access to the Gainesville City Commission. I don’t go to Publix or Lowe’s or church or to pick my kids up from school, without somebody talking to me about the job… We’re readily accessible, and I have never once said, in the checkout line of Publix, ‘Do you live in the city of Gainesville?’ when someone asks a question.” He said the City is working “assiduously” with JLAC to make “the bold moves that we expect to make for JLAC.”

Ward said he is only one vote on the City Commission but expects that the General Fund Transfer (GFT) from GRU to General Government this year will be no more than one-third “of what it has been in past years. I might not even vote for that much.” He said the City is working on a formula for the GFT that will resemble a franchise fee paid by an investor-owned utility. “I would happily work with you all to place a good formula in our Charter to say, ‘The transfer may not exceed this.'” Ward said residents should be able “to come to someone who they can hire or fire the following November. I think that’s important.” City Commissioners serve four-year terms, with a two-term limit. Ward said, “The people are in charge of the board. The people get to pick who runs it.” He said the uncertainty of this bill makes it difficult for the City Commission and City and GRU staff to make long-term decisions.

In response to a question from Clemons, Ward said the GFT last year was “likely” more than the profit of the utility. Ward said he voted “two and a half years ago, maybe three years ago, to start plowing [the GFT] down by $2 million a year; that’s not enough.” He later said he “signed off on that in ’19 or ’20.” However, the City Commission took that vote in July of 2021, with the cuts beginning in Fiscal Year 2022. The current year’s budget reflects the second reduction under that resolution. 

“The idea that you would take one dollar more than the profits of the GRU, one dollar, is wrong… Let’s get it down to zero excess over the profits of the GRU. That I haven’t heard from you yet.” – Rep. Mike Caruso, Co-Chair of JLAC

Rep. Mike Caruso, who is not a member of the local delegation but chairs JLAC, said Ward “indicated that it’s locally-controlled, locally-owned, and decisions are locally made, but 40 percent of the GRU’s customers don’t own it, don’t control it, and don’t get to decide what decisions are made. They get no say in that. And so I think that comment is just off-base.” He repeated a finding from the Auditor General’s report, that the City took $68 million more than its earnings from GRU over the past four years: “The idea that you would take one dollar more than the profits of the GRU, one dollar, is wrong… Let’s get it down to zero excess over the profits of the GRU. That I haven’t heard from you yet.”

Ward said his intent is for the transfer this year to be “probably south of $10 million; it’s currently $34 [million]. Those are the kind of bold moves that I am interested in. I can’t speak for the other six members of the City Commission… I’m willing to entertain zero.” 

Ward again said he wanted to work with JLAC on a formula for GFT to go in the City Charter, but Caruso said they didn’t need a “fancy formula”–it should be limited to the profits of GRU.

Hinson proposed that the legislature consider annexing the people who receive services from GRU into the City of Gainesville “or allow the 40 percent to have a referendum about staying or leaving… Because they can leave, too. They have options.” She also asked whether GRU could sell GRUCom; Ward said that the Charter requires a voter referendum to sell “any substantial business unit of the utility.” 

Public Comment

During public comment, six people spoke in support of the local bill, while 13 people opposed it, with another two people indicating their opposition without speaking.

Jim Konish said that it will take 40-60 years to pay down GRU’s $1.7 billion debt, even if the City takes “no GFT at all.” 

Senator Tracie Davis, who is a member of JLAC, admitted near the end of her statement that she misunderstood which bill was being discussed; she thought she was speaking to SB1380, which would place municipal utilities that serve customers outside the municipal boundary under the authority of the Public Service Commission; she criticized SB1380 as a “one-size-fits-all” measure. She said her electric service is from JEA, which is the largest municipal utility in Florida. JEA is governed by a seven-member Board of Directors appointed by the Mayor and confirmed by the City Council. The Board of Directors appoints a CEO who then selects the top tier of management. 

Clemons pointed out that a “well-run utility” typically has about 60 percent equity and 40 percent debt, while GRU has about 14 percent equity and 86 percent debt, and asked if that information had surprised her. She said, “Yes… Don’t be afraid of a board, because that’s what we have in Jacksonville. We have an appointed board.” She said the headlines about JEA being sold did not come from the board, “so don’t be afraid of a board; don’t be afraid of your board controlling your municipal electric. It works.”

Hinson said, “I am afraid” and asked Davis about the federal indictments of JEA executives: “How was that resolved, and how can that possibly be a replica of success?”

Davis said that “was a behind-the-scenes, orchestrated event by the Mayor at the time” and that they resolved it with a ballot referendum that said JEA could not be sold without a vote of the people.

Former Gainesville City Commissioner Helen Warren said, “That purchase of the biomass plant was the best thing we did. I am upset with seeing some of the things that are going on here in Tallahassee that are distractions of the real problem, and that is that we are in a climate emergency, and what are you guys doing to help us with our infrastructure needed there?”

Susan Bottcher suggested that since GRU customers outside the city limits are complaining about taxation without representation, “what you could do, is you could put an amendment on this bill that would address– it’s Florida Statute 171.0413, Annexation Procedures. Right now, the only way for properties to be annexed into the city is through voluntary annexation or through a voter referendum. So I would suggest that you change this to automatically annex anyone who is in the GRU service area into the city limits. This would give them a voice because they’d be City residents and would be able to vote in City elections. It would remove the GRU surcharge; their utility bills would automatically go down, as soon as they’re in the city limits. It would increase our tax base because right now, in the City of Gainesville, 60 percent of the properties are off the tax rolls… That’s why the GFT is so important.” She said “to really make this annexation amendment powerful,” the legislature should give the people who would be annexed a vote on Clemons’ bill in a referendum.

Delegation Debate

Following public comment, Clemons made a motion to move forward with the local bill. The bill will be officially filed on April 10, and then there will be one or two committee meetings at which members of the public can speak; the bill can be amended at that time. A vote will then be taken on the House floor, then it will go to the governor for his signature. 

Hinson said she wanted to reiterate that JLAC and the City have made an agreement with a timeline through October 1, “and I think we owe Floridians, our citizens, our commissioners, our elected officials, GRU, the opportunity to fulfill the request of JLAC. Without doing that, I think we’re not operating in good faith.”

“I don’t know that an independent board will save GRU, I really don’t… The debt, it is unsustainable. I don’t know that this will solve the problem, but I do know that we’ve got to try something.” – Sen. Keith Perry

Perry said he expected another ratings downgrade for GRU, “and I expect the reason we’re not on junk bond status right now is because the City Commission continues to raise rates and pay off that debt.” He said he thought GRU went “sideways” when the City Commission decided to enter into Power Purchase Agreements instead of building plants. He pointed out that an Integrated Resource Plan published by GRU in 2019 projects an increase in debt regardless of whether the utility aggressively pursues renewable energy or not. Perry said, “I don’t know that an independent board will save GRU, I really don’t… The debt, it is unsustainable. I don’t know that this will solve the problem, but I do know that we’ve got to try something… This is an untenable direction that we’re going… It will change the power structure; I ask my colleagues to vote in support of this.”

“There has been outcry over GRU for many years… and the response is continued transfers; a huge, expensive solar contract that’s being negotiated with the rates redacted; and the situation is not improving, and I look forward to exploring solutions. I think this could be a viable solution.” – Sen. Jennifer Bradley

Senator Jennifer Bradley reminded everyone that “We’re at the beginning of a process… As the bill moves through, there will be a committee meeting. There are other opportunities to be heard as we go through this process. There has been outcry over GRU for many years… and the response is continued transfers; a huge, expensive solar contract that’s being negotiated with the rates redacted; and the situation is not improving, and I look forward to exploring solutions. I think this could be a viable solution.”

Clemons closed by saying, “This is not about the JLAC… This is about the long-term stability of the people’s utility.” He said that although everyone has strong feelings, people should “allow this process to work… It’s going to be probably amended.” He said he looked forward to working with everyone “to make sure that 30 years from now, Gainesville Regional Utilities is still owned by the people it serves.”

The delegation voted 4-1 to move forward with the bill, with Rep. Hinson in dissent.

The City of Gainesville issued a press release urging citizens to oppose the bill.

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TALLAHASSEE ‒ The Florida Fish and Wildlife Conservation Commission’s (FWC) Statewide Nuisance Alligator Program is accepting applications for a contracted nuisance alligator trapper in Levy County.

Applicants must pass a criminal history check, have no fish or wildlife law violations and possess a valid, working email address.

To learn more about becoming a contracted nuisance alligator trapper and to apply online, visit MyFWC.com/Alligator and click on “Statewide Nuisance Alligator Program.”  Applications must be received by Monday, April 10. For more information, email FWCGator@MyFWC.com.

Serious injuries caused by alligators are rare in Florida. The FWC places the highest priority on public safety and administers the Statewide Nuisance Alligator Program (SNAP). The goal of SNAP is to proactively address alligator threats.

Contracted nuisance alligator trappers throughout the state are used to remove alligators believed to pose a threat to people, pets or property. People with concerns about an alligator should call FWC’s toll-free Nuisance Alligator Hotline at 866-FWC-GATOR (866-392-4286), and FWC will dispatch a contracted nuisance alligator trapper to resolve the situation. 

The FWC also works to keep Floridians and visitors informed, including providing advice about living with alligators.

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Dr. Cuong Nguyen in his laboratory at the UF College of Veterinary Medicine.

BY SARAH CAREY/Alachua Chronicle

GAINESVILLE, Fla. — Whether your ancestors were black or white makes no difference in your susceptibility to COVID-19, according to a new University of Florida study comparing two types of ancestral origins of patients from a Florida population infected with COVID-19.

However, UF researchers also found that some patients, whose genetic makeup gives them more protection against SARS-CoV-2 proteins, have a better chance of fending off infection from the virus.

The data amassed in their investigation, published in January in PLOS One, could be useful in developing customized vaccines to boost immunity among the European and African American ancestral groups studied as well as potentially other groups, said the study’s lead author, Cuong Nguyen, Ph.D., an associate professor of infectious diseases in UF’s College of Veterinary Medicine who studies how the immune system responds to autoimmune diseases in people. The college is part of UF Health, the university’s academic health center.

The researchers embarked on the study to better understand why clinical symptoms of the disease are so varied among patients, with some exhibiting severe symptoms and others showing few or no symptoms at all, Nguyen said.

“In the early part of the pandemic, we knew we had to get health care professionals back to work, but we didn’t know what the risk factors of infection with SARS-CoV-2, the virus that leads to COVID-19, were,” Nguyen said. “Say you were a dentist or a nurse. What would be the risk of you becoming exposed in the healthcare environment? We wanted to look more in-depth at the immune system to see if some people were more naturally protected than others.”

Nguyen’s team studied 284 confirmed COVID-19 patients and used 95 healthy individuals as controls. They examined cases and controls from European and African American ancestry.

“We learned that there is really no difference between types in terms of whether someone is prone to be infected or not,” he said.

Each human has DNA, which contains our unique genetic code. For every characteristic that makes us different — short or tall, brown eyes or blue, curly hair or straight — we all inherit two alleles, one from each parent. Some of our alleles determine whether we have more or less protection when we make contact with the COVID-19 virus.

“If that allele is protective, you have more antigens, so you respond better to the virus,” Nguyen said. “But even if someone has the at-risk allele, we could deliberately tailor the viral proteins that would elicit a protective immune response. With results from this study, our goal is to be able to design a vaccine that the immune system recognizes as protective based on the human leukocyte antigen, or HLA, alleles.”

The ideal vaccine would be customized to genetic types and would act by essentially cutting the COVID-19 virus protein into pieces, Nguyen said.

“Once we understand someone’s genetic makeup better, we can design a more effective vaccine, especially for breakthrough COVID-19 infection,” he added.

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