Alachua County Commission asks GRU for easement variance to save South Pointe trees

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At the end of today’s Alachua County Commission meeting, Commissioners voted to ask GRU for an easement variance to save five live oaks that are currently scheduled to be removed because they are in the right-of-way of the Parker Road extension.

During Commission Comment, Commissioner Mary Alford said, “I know all of us are devastated about the loss of the trees along 122nd Street. All of us have seen staff’s report about the fact that there’s not much we can do about it.” She proposed saving some of the oak wood and doing something “to honor the trees that were taken down, so that they’re not just going to the landfill.” She said the 50-foot easement required by GRU is the biggest problem. 

Commissioner Anna Prizzia said, “Why don’t we ask them to make an exception?… I know that it’s already dragged on forever, but have we had a conversation with GRU about the possibility of an exception for just this small footage in front of those trees? I mean, it’s five trees.”

Public Works Director Ramon Gavarrete: “It’s a safety issue for them and for their crews… So I don’t think you’re going to get GRU to actually budge on that.”

Public Works Director Ramon Gavarrete said the County has had “many conversations with GRU about allowing us to actually build into their 50-foot setback from the post, and their answer is no. It’s a safety issue for them and for their crews… So I don’t think you’re going to get GRU to actually budge on that.”

Prizzia said, “I guess I would ask that we at least write a Chair letter to the GRU governing board, asking them to consider giving the County some leeway on the right-of-way in front of those trees, so that we don’t have to cut them down.”

Alford said, “I love that idea,” and then asked how GRU’s easement requirement compares to other utilities. Prizzia said the engineers and consulting firms in our community consistently complain that GRU is the only utility that has these “crazy right-of-way requirements.” 

Delay could lead to financial penalties for the County

Gavarrete said staff would do whatever the board wants them to do, but the County has a contractor on site, and the County already told them to stop work on the trees. Gavarrete said the trees will be “a critical-path issue” within a week or so, and that could lead to claims of delays with the contract.   

Chair Ken Cornell: “It would make GRU, at least in my mind, a big hero in this situation if they could agenda this and talk about it quickly.”

Chair Ken Cornell said he liked the idea: “I would appeal to [GRU CEO] Ed Bielarski — I hope he’s watching — and to the governing board, that what we’re asking for is a very small variance in front of five major heritage live oaks in South Pointe… It would make GRU, at least in my mind, a big hero in this situation if they could agenda this and talk about it quickly.”

Prizzia said the next GRU Authority meeting is on April 8; she asked whether that would be too late, and Cornell said, “We can delay it a week. If they made an exception, that’s a major story and a big win for GRU and the County Commission and South Pointe.”

Although Prizzia did not phrase her idea as a motion, Cornell said Alford had seconded Prizzia’s motion and added, “It’s all we can do at this point.”

Cornell asked if Prizzia could add a second part to the motion to ask staff to go back and look at the original plans for the development to see if the developer was supposed to plant trees as a buffer; Alford agreed with the amendment. 

Alford asked for a third part to the motion: “If we do have to cut down any trees, can we save the lumber and do a project with it?” Cornell said he was trying to save the trees and they could make that motion at the next meeting, after they know whether the trees can be saved. 

Gavarrete: “But once this becomes critical-path and the contractor starts getting delayed, most likely there could be claims of delays by the contractor. Those can get quite expensive… [Watson] is getting a lot of work from the County right now, so I’m sure we can ask them to hold off for a week.”

Assistant County Manager Tommy Cosby said he wanted to know whether this could lead to critical delays that would require the County to pay out claims. Gavarrete responded, “Right now, the contractor has been told not to take down those trees… But once this becomes critical-path and the contractor starts getting delayed, most likely there could be claims of delays by the contractor. Those can get quite expensive. “

Cornell asked who the contractor is, and Gavarrete said it’s Watson: “They’re getting a lot of work from the County right now, so I’m sure we can ask them to hold off for a week… [But] everything has its limit. We cannot just stop the project for months.” 

Cornell said if the delay stretches more than two weeks, “We’ll have a discussion. If GRU says no, then that’s the end of it. If they say yes, then we’ll have another discussion — or if they say nothing.”

The motion passed unanimously. 

Gavarrete: “If the answer is yes, then there’s also going to be more delays because then they’re going to cause a redesign of the corridor of the roadway, possibly going back to submitting plans to the permitting agencies.”

Gavarrete said the board should know that “if the answer is yes, then there’s also going to be more delays because then they’re going to cause a redesign of the corridor of the roadway, possibly going back to submitting plans to the permitting agencies. So I guess I just want the board to know that it’s not just, ‘Watson, please hold off on this.’ You’re also looking at delays in design, and then also in construction later.”

Cornell responded, “At least then we would have a decision to make. Right now, we don’t have a decision to make.” He adjourned the meeting.