Alachua City Commission terminates City Attorney Marian Rush’s contract, raises water and wastewater rates, purchases historic Pinkoson Springs

BY DAVID LIGHTMAN

ALACHUA, Fla. – At the August 11 regular meeting, the Alachua City Commission raised water rates by 5% and wastewater rates by 3%, purchased the historic 6-acre Pinkoson Springs property, and –- an item not on the agenda –- decided to terminate City Attorney Marian Rush’s contract.

Adoption of the agenda

The meeting began with public comments on approving the agenda. One speaker said she is a voter in the City of Alachua, and she objected to approving the minutes of the July 28 meeting because of the vote taken to not investigate the resignation of City Planners. She said, “I was actually stunned when Commissioners Dayna Williams and Jennifer Ringersen voted to not investigate this serious matter. They voted to stop any investigation even though they knew constituents have been publicly demanding it at virtually every Commission meeting since the resignations… They knew that at least one Planner resigned due to abject corruption concerning development approvals… We need to have attorney Mark Barnebey immediately hired.”

Another speaker also suggested hiring Barnebey, since hiring the other candidate for the investigation job, attorney Clifford Shepard, was rejected at the previous meeting. 

Williams objected to the content of the public comments. Commissioner Jacob Fletcher clarified that the speakers were objecting to approving the agenda as-is without adding an item to consider hiring Barnebey to complete the investigation. Despite the objections, the agenda was approved unanimously.

Water and wastewater rates

City Attorney Marian Rush introduced an ordinance increasing the water meter installation charge and monthly water and wastewater charges for all utility customers. Public Services Director Michael Carrillo gave a presentation on upcoming utility rates. He said staff has proposed increasing water rates by 5% and wastewater rates by 3%. He cited inflation as the main reason to increase rates. 

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. 

Ringersen made a motion to accept the rate changes and schedule the second reading for August 25. Fletcher seconded the motion, and it passed unanimously.

Lawsuit challenging State preemption of land use and zoning regulations

Attorney Rush read the next agenda item: “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.” She said the new regulations are too restrictive on local governments’ home rule, worse than the recent restrictions on approving plats and replats.

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. She added that they plan to have the case filed by the end of August.

Responding to a question from Williams, Rush said SB 180 passed and is law. Williams said she wanted to have the City Manager speak with representatives in Tallahassee to get more information before proceeding with a lawsuit. She added that she thinks “dozens” of other cities will want to join the lawsuit, making Alachua’s participation less important. Williams said she would be willing to make a motion to defer the decision to the next meeting. 

Fletcher agreed, “I would be open to getting some answers before moving forward.” 

Vice Mayor Shirley Green Brown said she would also support getting more information from State representatives.

Williams made a motion to defer the item to the August 25 meeting agenda. Green Brown seconded the motion, and it passed unanimously.

Pinkoson Springs

After renewing health insurance packages for employees, the next item was introduced by Economic Development Manager David Wisener: “An important ecological and cultural property for North Central Florida is presented to the City for potential acquisition. The 6+ acre property… is home to several small springs existing along a spring run that feeds into the main Turkey Creek tributary that also runs through this property.”

Wisener said the property owners wanted the property to ultimately be owned by the City. He said the land has historical significance, including as the location of Pinkoson Springs, a recreational facility that was very popular in the early 20^th century. Wisener emphasized the importance of being able to protect the water quality of the springs and the Turkey Creek tributary.

Wisener said the owners have agreed to sell the property for $170,000 plus closing costs, and the expenses should be fully covered by Wild Spaces and other grants and funds. 

A motion to purchase the land was moved and seconded. It passed unanimously.

Terminating the City Attorney

During final comments, Ringersen asked for permission to waive the normal rules and procedures. Fletcher seconded her motion. It passed unanimously.

Ringersen said, “With some of the things in the direction of the City, I’d like to move to terminate the legal agreement with the Rush firm with a 30-day notice, with the direction of the City Manager to provide a formal notice.” Green Brown seconded Ringersen’s motion.

Fletcher asked for an explanation of their reasoning for wanting to terminate the City Attorney’s contract. Ringersen cited the rate of the city’s growth and the need to have an in-house City Attorney. 

Rush said she might be interested in an in-house City Attorney position. 

Green Brown said, “The City has come a long, long way, and we need to move forward.” 

Fletcher questioned bringing the termination up at the end of the meeting and said, “I feel blindsided by this.” He asked Rush, “Did you know that this was the direction my fellow City Commissioners were heading?” Rush responded, “No.”

City Manager Rodolfo Valladares said he and City staff were also unaware that the topic was going to be brought up. 

Fletcher pointed out that they have no plan for a replacement, and Mayor Walter Welch said he agreed with Fletcher. 

Williams said she agreed with Ringersen and Green Brown that the city has grown enough to warrant hiring an in-house City Attorney, and she encouraged Rush to apply.

Fletcher said, “That’s 30 days to advertise the position, hire somebody, and then catch them up to speed on all litigation matters that the current City is in, as well as the nuances with our own code.” He said it was “highly unusual” and “mind-boggling” that three Commissioners all agreed to discuss the question at the end of the meeting and not place it on the agenda.

Williams said, “In response to your accusation that three of your fellow Commissioners may be in cahoots, because that’s literally what you’re saying, I take high offense to that.” She said nothing she and Green Brown said indicated any prior knowledge of a plan.

Fletcher said, “In no words did I say such things. And I would like to point out that we’re talking about actions here… If that is the actions you’re taking, how else are we to infer?”

During public comment on the motion, a man said, “What I have just witnessed, I find disturbing.”

The vote to terminate City Attorney Marian Rush’s contract passed 3-2, with Fletcher and Welch in dissent.