Gainesville City Commission hears about crime reduction, expresses frustration with paying GRU’s legal fees

The Gainesville City Commission met on November 20

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At the November 20 Gainesville City Commission meeting, the Gainesville Police Department reported a reduction in crime, and Commissioners expressed frustration that Gainesville Regional Utilities (GRU) continues to deduct its legal fees from the General Fund Transfer.

License agreement to close part of NW 5th Street

During the afternoon general public comment period, two people objected to the license agreement that was previously granted to Santa Fe College to close part of NW 5th Street between NW 3rd Avenue and NW 5th Avenue. Richard Selwach said the City had granted a license agreement to the college for $40 ($1 per year for 40 years) “on the street that leads to my front door” without notifying him or any of the neighbors. The owner of a restaurant on NW 5th Avenue also objected to closing the street and asked the City Commission to reconsider their decision. At the end of public comment, Mayor Harvey Ward said, “We do not have this on the agenda today, but thank you for sharing your thoughts with us.”

Timeline of meetings for Comprehensive Plan update

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Next, the City Commission approved a timeline of meetings to get to an approved Comprehensive Plan update by May 1, 2026. The City Plan Board will discuss chapters 1-5 of the Plan on December 18 and chapters 6-10 on January 22, and that board will hold an adoption hearing on February 2. The City Commission, sitting as the General Policy Committee, will review the latest draft on January 22; the City Commission’s first adoption hearing will be on March 5, and the final adoption reading is scheduled for April 16. Community engagement meetings have not yet been scheduled.

Timeline for adoption of the Comprehensive Plan (ImagineGNV) update

Commissioner Ed Book asked staff to add “Comprehensive Plan” to every document titled “ImagineGNV”, “because no matter what we think it is, people will not know what it is, in the community. They’ll say, ‘What is ImagineGNV?’, and they’ll have a lot of different ideas,… but [they probably won’t think it’s the] Comprehensive Plan.” He emphasized that this was just a suggestion, not a motion.

Ward pointed out that the Florida Legislature “does all its business, from committee weeks to sine die, in about six months… It is possible for us to get this done.”

GPD Quarterly Update

Before presenting the Gainesville Police Department quarterly update, Major Jaime Kurnick introduced new Captains Marquitta Brown and Timothy Durst. She said Brown will be “in charge of downtown, Midtown, and southwest Gainesville, the student areas,” and Durst will “be working all of the northwest, northeast, and some of the southeast neighborhoods.” She said Captain Paris Owens has been reassigned to the Administrative Services Bureau, and Captain Summer Hallett will run the Criminal Investigations Division. 

Click here for the GPD Quarterly Update presentation.

Kurnick said there were zero homicides and zero traffic homicides in the city in the third quarter; there was a 19% reduction in rapes, a 33% reduction in robberies, and a 9% increase in aggravated assaults from the same quarter last year. Violent crime overall is down 4.8%, and property crimes are down 18.74%, for an overall reduction of 16.08%. For the 2025 calendar year, there have been three homicides, compared to eight at that point in 2024, a 62.5% reduction. Kurnick also emphasized that there were no reports of shots fired in September.

Year-to-date crime statistics (click to enlarge)

At the end of the discussion, Ward said, “A thing that leaps out at me is, this year, we have three homicides, and two of them were domestic violence. And so, over the next year or so, I really want to delve into… what we can do to help those numbers go down… I want to work with everybody we can, to help reduce domestic violence in our community, as well as suicides… So those are a couple things you’re gonna hear me talk about more over the next year.”

Frustration over streetlight contract and paying GRU’s legal fees

During Commission Comment, Ward said the GRU Authority had agreed to a General Fund Transfer (also known as the Government Services Contribution) of $8.5 million, but the City only received about $7.1 million. Ward said the shortage was primarily due to a contract that pays $1.13 million per year for County streetlights, added to about $700,000 for the GRU Authority’s legal expenses.

Ward said the streetlight contract was signed about 30 years ago, with GRU paying for the streetlights in return for right-of-way access. The Authority decided that since the City made the agreement, the City should pay for it, so they have deducted that amount from the General Fund Transfer (GFT). Ward tried to get the County to dissolve the agreement during a joint City/County meeting in December 2024, but County Commissioner Ken Cornell said the discussion was “premature” because the issue of GRU governance was still making its way through the courts. 

In the November 20 Gainesville City Commission meeting, Ward said, “Now, City of Gainesville taxpayers are paying for [streetlights] in unincorporated Alachua County. I understand how that is a benefit to the utility. I do not understand how that is a benefit to City of Gainesville taxpayers.” He said they needed to “revisit” the contract and “work with the other two signatories, because it doesn’t make sense,… [and] that figure goes up every year… I understand how we got stuck paying the bill. It just needs to get fixed.”

Mayor Harvey Ward: “I do not mean for this to sound offensive, but it feels like a slush fund, because the GRU Authority has sued the City twice, and multiple motions within that – lots of legal action. We didn’t sue them; they sued us, and without a court [ruling] that we had to pay their legal fees, they just decided we were going to pay their legal fees.”

Regarding the legal fees, Ward said that in Fiscal Year 2025, the City paid $313,398 for legal fees “incurred by GRU against the City of Gainesville General Government for lawsuits brought by the GRU Authority against the City of Gainesville General Government… I do not mean for this to sound offensive, but it feels like a slush fund, because the GRU Authority has sued the City twice, and multiple motions within that – lots of legal action. We didn’t sue them; they sued us, and without a court [ruling] that we had to pay their legal fees, they just decided we were going to pay their legal fees… I find it egregious… I don’t know how it’s defensible and how it makes sense.”

Click here to read the City Manager Memorandum about GRU and General Government financial transactions.

City Commissioner Bryan Eastman: “When I look at the last ones, the transparency shows me that they’re just throwing spaghetti at the wall and saying, ‘Pay for this, pay for…’ – it looks like a lobbying firm, to lobby on behalf of them.”

City Commissioner Bryan Eastman said, “I also am concerned about – just simply, this is – I don’t want to use hyperbolic language – fraudulent? Like, these have nothing to do with what the original motion was about.” He added that he was concerned about “the unfairness of it – which, the law was written in such a poor and broad way that, potentially, they have the legal authority to send us ridiculous charges, [now totaling] three quarters of a million dollars [between 2023 and 2025]… When I look at the last ones, the transparency shows me that they’re just throwing spaghetti at the wall and saying, ‘Pay for this, pay for…’ – it looks like a lobbying firm, to lobby on behalf of them… I do think that this is a core responsibility of ours, to protect our taxpayers from erroneous expenditures like this.”

In response to a question from Commissioner Cynthia Chestnut about who authorized the payments for legal fees, Commissioner Casey Willits, who is the Chair of the Finance Committee, explained that GRU deducts the expenses from the GFT. 

City Manager Andrew Persons: “The City doesn’t have a whole lot of recourse for [the funds being deducted by GRU]… [A]t the end of the day, if they’re not going to provide it, they’re not going to provide it.”

Chestnut asked why the City couldn’t deduct the legal expenses from the money they pay GRU for IT services, and City Manager Andrew Persons said, “That would not be my recommendation… We receive a service, in terms of GRU, that… the City is very dependent on, and so crossing the streams in that way would be potentially problematic… The City doesn’t have a whole lot of recourse for [the funds being deducted by GRU].” He said the City could write a letter to the Authority, asking for more transparency, “but at the end of the day, if they’re not going to provide it, they’re not going to provide it.”

Ward said, “I think what I heard from you… was, if we don’t pay them, they may not provide the service.”

Chestnut said the City should send a letter saying they don’t agree with deducting the legal fees from the GFT: “If we haven’t voiced the concern, they think that we enjoy paying it.”

Commissioner James Ingle: “I don’t think we’ll accomplish anything with having a joint meeting and explaining to them why it’s morally wrong to do what they’re doing… It’s just this clown show of how to run the utility. It’s terrible.”

Commissioner James Ingle said, “Everybody’s frustrated with the entire situation, because… the people of the city of Gainesville are being robbed. They just are.” He said GRU can reduce the GFT without needing to justify it: “They don’t have to ask anybody… They don’t have to face the ratepayers or the taxpayers or the citizens of Gainesville… They’re appointed by the Governor. They have no local accountability at all… I don’t think they care about the letter. I don’t think we’ll accomplish anything with having a joint meeting and explaining to them why it’s morally wrong to do what they’re doing… It’s just this clown show of how to run the utility. It’s terrible.”

Ward responded, “Thank you, Commissioner Ingle, I’m sorry you don’t have stronger opinions about this.”

City Commissioner Casey Willits: “Maybe we should ask the Governor to appoint someone with audit experience [to the vacant seat on the Authority],… CPA kind of experience, someone who can impress upon them the importance of auditing all portions of their operation.”

Willits said he would support a motion to send a letter asking for the 2025 legal invoices backing the amount GRU is deducting from the GFT and a request that the invoices be audited to “confirm that it is about a lawsuit, not about merely anything they chose to do with legal representation… Maybe we should ask the Governor to appoint someone with audit experience [to the vacant seat on the Authority],… CPA kind of experience, someone who can impress upon them the importance of auditing all portions of their operation.”

Eastman said his first reaction with the GRU Authority is “to go tit-for-tat with various things, and from what you said about just withholding money that’s been paid, that is what they chose to do to us, right? And they are still doing that. They’re paying a fraction of what all of our staff has said is the cost of doing the services that are required… But… at some point, we have to decide that we are going to run our shop like a business and be more professional.”

City Commissioner Bryan Eastman: “I could ask our City Manager to spend all this time on Facebook talking about things, but… I believe in focusing on the outcomes and being transparent and being efficient and not politicizing government to the extent of what I am seeing across the street.”

Eastman continued, “I could ask our City Manager to spend all this time on Facebook talking about things, but… I believe in focusing on the outcomes and being transparent and being efficient and not politicizing government to the extent of what I am seeing across the street. And so it means that sometimes you’re unilaterally disarming, and I think that might be where we are right now.”

Eastman made a motion to direct the Mayor to send a letter to the GRU Authority, requesting “full transparency for all legal and related expenses billed to the City for FY23, FY24, and FY25, including itemized invoices, travel charges, consulting fees, and meeting preparation costs. The letter should also request an explanation for why these expenses are being charged to Gainesville taxpayers beyond the millions already taken and the reason the Authority believes these costs should be passed to the City taxpayers, along with a review of whether these expenses are truly related to the original motion about defending HB 1645. And that legal fees are no longer charged to the City of Gainesville.”

Motion

After Commissioner Ed Book said he thought the motion should be “as factual and devoid of emotion as possible,” the motion was re-worded to, “The City Commission directs the Mayor to send a letter to the GRU Authority, requesting full transparency for all legal and related expenses billed to the City for FY23, FY24, and FY25, including itemized invoices, travel charges, consulting fees, and meeting preparation costs. The letter should also request an explanation for why these expenses are being charged to Gainesville taxpayers, along with a review of whether these expenses are related to the original motion about defending HB 1645. And that legal fees are no longer charged to the City of Gainesville.”

Ingle said he would agree with the changes “if I felt like we were dealing with another governmental body and negotiating in good faith… As it is, I think this motion will be as much about advocacy for the people of Gainesville as it is about actually asking the Authority for any actual cooperation.”

Ward said he hadn’t been aware of the total amount of the deductions until he read the City Manager’s report: “It’s just kind of bizarre, so I’m glad that we’re of a like mind.”

The motion passed 6-0, with Commissioner Desmon Duncan-Walker absent.

Mayor Ward’s letter

Ward sent a letter to GRU Authority Chair Eric Lawson on November 21, stating that the City Commission had unanimously directed him to request full transparency on the legal expenses and an explanation for why the expenses are being charged to Gainesville taxpayers, “and to advise you that legal and other related fees of this sort should no longer be billed to the City of Gainesville General Government or subtracted from the GSC. I’m certain you can understand why these fees… are not properly the responsibility of the City’s General Government functions.”

Click here to read Mayor Ward’s letter to the GRU Authority. 

GRU CEO’s response

On November 21, GRU CEO Ed Bielarski posted the following message on Facebook: “What the mayor and city commission don’t seem to understand is that GRU reduces the city payment by the AMOUNT of its legal bills because that money is no longer in our possession. We can’t pay the city what we don’t have.”

On November 25, Bielarski posted, “Mayor Ward is on the record saying that the Authority is suing the city and making them pay for it, declaring it not a common business practice. You know what’s crazy – trying to dissolve an Authority created by legislative act by municipal election. Oh, what’s equally crazy is that the Mayor thinks we can pay an $8 million transfer while our profit is reduced by the expenses of fighting their unlawful acts. Talk about crazy…”

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