Alachua City Commission increases water rates, joins lawsuit against SB180, rejects motion to hire alternate investigator

BY DAVID LIGHTMAN

ALACHUA, Fla. – At the August 25 regular meeting, the Alachua City Commission approved Land Development Regulations on first reading to encourage mixed-use developments and conserve natural spaces, increased water/wastewater rates on second reading, joined a lawsuit to challenge SB180, and let a motion to hire an outside investigator die for lack of a second.

During public comments on approving the agenda, Tamara Robbins asked why updating the alcohol ordinance wasn’t on the agenda since it was advertised; she also wanted to know why the livestreaming of meetings wasn’t yet on the agenda, since staff was directed to look into options at the June 23 meeting. She did not receive a response to her questions.

FY2025 budget update

The meeting began with a Fiscal Analysis Report for FY2025 through July 31, 2025. Accounting Manager Tyler Williams said the fiscal year began on October 1, 2024 and will end on September 30, 2025, and 83.3% of the fiscal year had elapsed through July 31. Williams said the budget is mostly on track, but they do expect to make some minor adjustments, such as for the City Attorney and the Recreation Department. The final audit for FY2025 is scheduled for late November, Williams said.

Hathcock Community Center Project progress report

City Manager Rodolfo Valladares gave a progress report on the planned Hathcock Community Center Project. Valladares said the project was first introduced on August 11, and a community workshop was held on August 21. Residents were able to ask questions inside the building, which is currently configured as a gymnasium. Valladares said the architect will provide feedback from the public on September 9, a staff coordination meeting will take place on September 15, the second community workshop will be held on September 25, and the concept for the building will be presented to the City Commission on October 13.

Amendments to Land Development Regulations

City Attorney Marian Rush introduced an ordinance amending several aspects of the City’s Land Development Regulations (LDRs). Principal Planner Carson Crockett said the proposed text amendment to the LDRs would implement the mixed-use Future Land Use categories by establishing mixed-use specific standards, density and intensity standards for mixed-use development, and dimensional standards for mixed-use development. 

Crockett said the desired outcome is to preserve more agricultural and conservation lands by encouraging infill development and redevelopment instead of greenfield development. He said the process has been in motion since September 2021. Crockett said most of the goals will be accomplished by adopting zone districts that limit land uses in different areas.

Crockett said staff recommended approving the text amendment to the LDRs on first reading and scheduling the second reading for September 8, 2025. After some questions from Commissioner Jacob Fletcher, Vice Mayor Shirley Green Brown made a motion to approve the proposed text amendment to the LDRs, adopt the ordinance, and schedule the second reading for September 8. Fletcher seconded the motion. 

During public comment on the motion, Tamara Robbins asked if the Commissioners really understood the intricacies of the ordinance they were about to pass. She pointed out that the presentation was mostly verbal and contained very few visuals. She said, “This is very comprehensive LDR changes. It’s overlaying. It’s multi-faceted… This is a big deal. I don’t think you fully grasp it.” Robbins suggested having a workshop to better understand the ordinance before passing it.

Bryan Buescher said he agreed with Robbins about unintended consequences, especially to downtown. Buescher said, “I encourage you to get more data.”

David Wisener, Economic Development Manager, said he supported the changes because they would be good for the downtown district and would also help to protect the environment. He said growth cannot be stopped, but it can be managed.

During a roll call vote, Fletcher questioned the timing and the lack of focus. He suggested reducing the scope of the proposed changes, and he voted against the motion. Commissioner Dayna Williams, Green Brown, and Mayor Walter Welch voted in favor of the motion, and it passed 3-1. Attorney Rush suggested noting in the record that Commissioner Jennifer Ringersen was absent and did not vote.

Water/wastewater rates

Rush introduced the next item, the second reading of an ordinance increasing the water meter installation charge and monthly water and wastewater charges. The first reading was heard at the August 11 meeting. 

The proposed rate increases are 5% for water and 3% for wastewater. Public Services Director Michael Carrillo said the proposed changes will result in an average monthly increase of $2.74 on residential water bills and $6.33 on non-residential water bills. For wastewater, residential bills will increase an average of $1.44, and non-residential bills will increase an average of $10.83.

Carrillo touted Alachua’s electric rates as the lowest in the state and the utility’s involvement with community activities and local priorities.  

Williams made a motion to approve the ordinance on second reading, and Green Brown seconded her motion. During public comment on the motion, Robbins asked if a business impact estimate was included with the ordinance. She suggested raising utility costs on new developments and developers instead of longtime residents. 

Fletcher asked about the business impact estimate, and Valladares said it was not necessary. The motion to raise water and wastewater rates passed 4-0 in a roll call vote, with Ringersen absent.

Joining lawsuit challenging SB180 

Introducing the next item and repeating the description from the August 11 meeting, Rush said: “A resolution of the City of Alachua, Florida, authorizing participation in a lawsuit seeking, among other things, to declare that Senate Bill 180’s imposition of a blanket statewide prohibition on the exercise of home rule authority regulations over land use and zoning is unconstitutional and should be enjoined, and retaining Weiss, Serota, Helfman, Cole & Bierman to prosecute the lawsuit, and providing for an effective date.” Rush said the law firm is seeking $10,000 to handle the case, likely in federal court, and an additional $5,000 if the case is appealed.

The item was tabled at the August 11 meeting to give City staff time to communicate with representatives in Tallahassee before taking part in a lawsuit against the State. 

City Manager Valladares said he contacted the offices of Representative Chuck Brannan and Senator Jennifer Bradley, both of whom had voted in favor of SB180. Valladares added that only one State House Representative and zero State Senators (both Republicans and Democrats) had voted against the bill. 

Fletcher asked if Brannan or Bradley had responded with information about why they supported SB180, and Valladares said neither one had responded.

Fletcher and Williams asked Rush about some specific examples and whether SB180 would limit local home rule in those cases. Rush said she thought it would limit home rule because the ordinance is so “vague and broad.” Rush said, “It’s the local cities that know more what is needed [in emergencies]… It’s not a one-thing-for-all across the state.”

Fletcher said he thinks SB180 is disguised as something it is not. He made a motion to approve the resolution to participate in the lawsuit, and Williams seconded the motion. She said she was disappointed that the two state representatives did not respond to questions. 

The motion passed 4-0 in a roll call vote, with Ringersen absent.

Fletcher’s motion to hire an alternate investigator

Fletcher said the next item was his idea; he said the vote to hire Attorney Clifford Shepard to complete an investigation into why three City Planners had quit earlier in the year had failed 2-2, but, he said, the alternate choice to complete the investigation, Mark Barnebey, had not yet been voted on. 

Fletcher made a motion to hire Attorney Mark Barnebey to complete the investigation, but his motion died for lack of a second.

Final public comments

During final public comments, Kristin Rubin said she read that Alachua’s Land Use Attorney, David Theriaque, had just terminated his firm’s contract after over 20 years of service. And, she said, three Senior City Planners resigned earlier this year, City Manager Mike DeRosa resigned in May, and City Attorney Marian Rush’s contract was just terminated. Rubin said, “This stinks… This has been swept under the rug, month after month after month. There needs to be an investigation of why this happened… Why? I think you owe the public an answer. And it needs to be investigated by an outside source.” 

Read the letter from David Theriaque here.

Sarah Younger said there is currently an online petition at https://www.change.org/p/alachua-city-commission-investigate-resignations-protect-mill-creek-sink-public-trust that makes a connection between the three Senior Planner resignations and the Mill Creek Sink projects. The petition appears to be closed with over 400 signatures collected in one week. Younger said the cost of a $35,000 investigation would only be 1/20 of 1% of the City’s annual budget (0.05%). 

After reading a passage about transparency in governance, Robbins said she no longer trusts Mayor Welch and Vice Mayor Green Brown. She described the last-minute vote at the last meeting to terminate the City Attorney’s contract with no public notice as “shameful” and “despicable.” Robbins said she wasn’t able to attend the meeting because she was traveling. 

Robbins said she wanted to thank Rush for her many years of service, including when she was a Commissioner. Robbins said, “It is not right, what you did… The investigation, Commissioner Brown. You voted for that every single time and said that you were committed, you were passionate.” Robbins asked for the Mayor and Green Brown to explain what they did. 

Bryan Beuscher said he also had concerns about transparency and the way Rush’s contract was terminated. He said, “It’s a mystery. I think it’s a mystery to the citizens in the region as to how y’all are operating this City, behind closed doors.”

Final Commission/Staff comments

During final comments, Valladares said a job description for the City Attorney position has been placed on the City’s website, and steps are being taken to ensure continuity. 

Fletcher mentioned the passing of retired Alachua Police Department’s K-9 Thor; Thor retired in 2023 after eight years of service and recently passed away. 

Welch said, “I know there’s things that you want to see done. But you have to remember, all things have to be voted. And if votes fall one way or the other, the best thing we can do is just push forward. What are we gonna get out of it if we dwell on stuff that we can’t change? We can’t change if it if it’s voted… We can just move forward.”