Gainesville City Commission passes GRU ballot referendum on first reading again “in an abundance of caution”

The Gainesville City Commission met on June 6

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At their regular meeting today, the Gainesville City Commission voted again on first reading to approve an ordinance that would place a referendum on GRU governance on the November ballot after the City Attorney said that a Business Impact Estimate had not been provided before the Commission previously approved the ordinance.

The ordinance will place a referendum on the November ballot that will ask the voters of the city of Gainesville whether they want control of Gainesville Regional Utilities (GRU) to return to the City Commission; the utility is currently governed by a Governor-appointed Authority. About a third of GRU’s customers live outside the city and will not be able to vote on the referendum.

Business Impact Estimate

Under Florida statutes, the Business Impact Estimate is required to be posted on the City’s website no later than the date that notice of the proposed ordinance is published unless the ordinance meets one of a list of specific exceptions. The Business Impact Estimate must include a statement of the public purpose to be served by the proposed ordinance; an estimate of the ordinance’s impact on businesses in the municipality, including compliance costs and any new charge or fee; an estimate of the City’s regulatory costs; and a good faith estimate of the number of businesses likely to be impacted by the ordinance. 

According to the Business Impact Estimate for the ordinance on the GRU ballot referendum, the purpose of the ordinance is “to allow the electors of the City of Gainesville to determine the form of government over the City of Gainesville’s utility system.”

The estimate of the impact on businesses states, “There is no direct compliance cost that businesses may reasonably incur due to the proposed ordinance” and “There is no new charge or fee imposed by the proposed ordinance.”

The good faith estimate of the number of businesses likely to be impacted by the proposed ordinances is “None.”

No mention was made of the May 29 memo from GRU’s financial advisor PFM, titled, “Cost of a credit rating downgrade.” The memo warns that it is PFM’s opinion that “the passage of the referendum to dissolve the [GRU Authority] and revert back to the historical governance structure would be quickly met with some type of ratings action from the agencies – either a change in outlook or downgrade.” The cost of a credit downgrade is estimated at $28.3 million, which would need to be recovered from ratepayers, both residential and commercial. 

“In an abundance of caution”

Introducing the agenda item, City Attorney Daniel Nee said, “This ordinance is put back on your agenda with, frankly, my apologies and an explanation.” He reminded the Commission that the ordinance had been unanimously approved on May 16 for first reading and May 23 for second reading.

Nee continued, “Since that time, we continued to examine it and realized that a Business Impact Estimate had not been posted to the City’s website. That oversight, we’ve thought, is essential to correct and bring this ordinance back to you.” Nee said that the statute lists specific exceptions for various types of ordinances, but “this sort of ordinance, creating a referendum, is not specifically called out on those exceptions, and with a concern that those exceptions will be strictly construed, we felt it was the best measure to create the Business Impact Estimate, post it to the website (it was posted on Friday, May 31), [and] bring this ordinance back to you for first and second reading for passage again.”

Nee said the ordinance before the Commission included one change from the ordinance that was previously passed: the language in Section 7 was changed from “All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed” to “City of Gainesville Ordinance 2024-352 and all other ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed”; Nee said the change was to “just absolutely clean it up” and added that the process of passing the ordinance again was done “in an abundance of caution.”

Mayor Harvey Ward said, “For me, the key phrase here is ‘abundance of caution.’ I believe that on this side of the street, we want to make sure that we button things up and wear belts and suspenders if necessary, make sure that this works and follows all necessary angles.”

Nee: “There is no concrete impact” to businesses from placing an item on the ballot

Nee said that the ordinance places a referendum on the ballot, and “it does not affect a change, in itself, to your Charter or a change in the law… What the Business Impact Estimate gets to is, how does a proposed ordinance impact businesses or a business in the community?… There is no concrete impact, we felt, by placing an item on the ballot; the spirit seems more focused on regulatory-type ordinances that you might pass, that affect the way businesses interact with their customers or businesses function.”

Public comment

Five people, including two union representatives and a spokesman for the League of Women Voters, spoke in favor of putting the issue on the ballot.

Motion and vote

Commissioner Bryan Eastman made a motion to adopt the ordinance, and multiple Commissioners seconded the motion. 

Before the vote, Ward said he wanted to remind everyone that “this is not about moving governance. This is about giving the people of Gainesville the opportunity to vote on how they want the governance done. And I think that is always a good place to start from.”

The motion passed unanimously on a roll call vote. The second reading is set for June 18.

  • obviously ward insinuates his pants are down quite often and he doesn’t want to be caught with his pants down… 🤣

    • He won’t be the only one to go. The State has had enough of this lawless , pious bunch that reportedly took $68 million dollars from GRU Customers without the profits to fund it. Did GRU have to borrow money for Gainesville’s ATM? Waiting on Commissioner Comments. We know they are listening with deaf ears.

  • Again, they are not addressing the actual proposed charter amendment (which effectively in itself is illegal) and instead are only speaking to the ballot initiative. This is so disingenuous. Yes, the city may have the right to place this yes or no question on the ballot for city voters but that has nothing to do with whether or not the proposed charter amendment is even legal per state law….it isn’t. This is a PR stunt…a Hail Mary pass

    • Everything Dem elites do nowadays is for headlines. To influence their base, the low info voters. And it’s done in collusion with the shallow MSM 🤡👹👿

      • Sure, just look at all the bills passed in the GOP majority US House and compare to the do-nothing President Biden and his 1st 2-years Congress who only passed as much legislation as LBJ.

        • Like LBJ’s paying women to be “married to the government” instead of having a husband was beneficial for the majority of Americans.

          • You voted, we can argue about LBJ’s legislative accomplishments, though the Civil Rights Act of 1964 and the Voting Rights Act of 1965 are major positive accomplishments in US history which ended a hundred years of legal racism (it is also a fact that after the War on Poverty legislation, poverty declined significantly in the US – look it up), but my response above was to disprove realJK’s partisan nonsense, a separate issue.

          • PS What is particularly ludicrous about realJK’s post is how completely dysfunctional the US House has been since the GOP took over in 2023. Virtually zero legislation – including a bi-partisan immigration bill they killed because Trump told them too – but plenty of grandstanding hearings intended to impeach someone/anyone that fall into aimless threats when they don’t have anything. They view their duty to the country as being campaign props and tools for Trump, disregarding his history of discarding “loyal” operatives at the slightest hint of their no longer being useful. Having 1 of our 2 major parties functioning solely as tools for a personality cult leader is depressing as well as confounding given how repulsive that leader is.

          • Dysfunctional US House? Like the one Nancy P ran when Trump was President?

          • Steve:

            “The 118th Congress is on track to being one of the least functional sessions ever, with only 34 bills passed since January of last year, the lowest number of bills passed in the first year of a congressional session since the Great Depression, according to congressional records.

            “Even comparing against other periods of divided government, 2023 was definitely not a high water mark for Congress’ productivity,” Molly Reynolds, a senior governance fellow at the nonpartisan research group the Brookings Institution, told ABC News…”

          • This is only relevant if one measures productivity by the number of bills passed. Growth of government is not a good thing of itself. The Florida legislature has passed a lot of laws and I’d wager you despise almost all of them.

            One of many positive aspects of the Trump administration was its effort to clear dead regulations from the law books. Conversely, one of the worst aspects of the Biden administration has been to lard on many, many more.

          • Steve, I responded to realJK’s allegation of do-nothing grandstanding Democrats when the clear fact is that is exactly what the GOP is now, with the added downgrade of their being enslaved to the whims of a completely unprincipled, self centered, and repulsive convicted felon. As I pointed out the Democrats have been the substantive party accomplishing real things – hey, thanks democrats for that fiber optic cable going up in rural areas around here that was part of the infrastructure bill.

            Now you want to argue that I’m correct – realJK is wrong – but that you prefer do-nothing grand standers.

            Whatever.

          • Both the Civil Rights and Voting Rights Acts were major positive pieces of legislation in this country’s history – no denying that.
            Deflecting individual poverty to the tax payer by propping up people and/or encouraging people to live off the government was a terrible idea and unfortunately it appears to have become a staple within some communities.

            As far as getting off tasks by “grandstanding hearings intended to impeach someone/anyone that fall into aimless threats when they don’t have anything.” I seem to recall the other side being just as vindictive. Don’t forget, certain leaders of the Democrat party were quite vocal and supported the verbal assaults on Trump’s presidency even before he had taken the oath of office.

            There appears to not be any “middle ground” anymore. All there is, or should I say isn’t, is a lack of cooperation by either party. The far right is as guilty as the far left in causing the divisiveness and outright contempt for the other side. The Putins and Xis of the world won’t have to worry about destroying America, we’ll do it ourselves.

          • You voted, I’m glad we agree on the CR Act of 64 and VR Act of 65. (Back in the 70s when I was farming, I had a friend and partner in hay cutting and baling work – we both had tractors and he had the baler and fluffer – who was black and probably about 70. He grew up on a small farm near Micanopy with a hand dug well that he still owned and he liked to recount stories from the old days, including a period when he was “gambler” in New Jersey – he was a church going rock of the community when I knew him and his wife was a sweet heart. Given the nostalgia always popular with some, especially I guess whites, I once him asked whether he liked modern day Alachua County compared to his youth – He looked at me like I had 2 heads. Of course he preferred modern day Alachua County and America and how could you not if you were black. The “good old days” were hard and oppressive.)

            As to the war on poverty, it was effective in lifting many out of it who had been unfairly kept there through racism. Yes, social problems followed but it’s not like there weren’t any before it. I don’t think Americans should expect 400 years of enslavement and racism to be easily cured in a generation, or 2, or 3.

            As to Democrats “assault” on Trump’s presidency, keep in mind that Hillary called him and conceded on the night of the election and then showed up at his inaugural as did Obama and all major Democrats. Unlike Trump in 2020, Obama started the usual transition activities to help Trump and his administration get started on solid and prepared ground. Trump blocked these same actions and didn’t have the balls to ride to the inauguration with Biden as has been traditional for hundreds of years.

            The fact that Trump was the 2nd GOP president in 16 years elected by the EC after voters rejected him – the 1st having been given the seat by the SC – and that he colluded openly with Russians to win (that is a fact substantiated by both Mueller and the GOP led Senate Intel Comm Report on the election, both leaving open the question of whether it was criminal and prosecutable) led some very few minor Democrats on the House floor to protest harmlessly in 2016. In 2020 THE MAJORITY of GOP House members – including the traitor Kat – tried to disenfranchise the voters of states Trump lost in.

            The far left does not control the Democratic Party or Biden would not be President. The far right does control the GOP and it is a complete cult of personality behind one of the most unsavory, unprincipled, and self serving political figures our country has ever produced. The differences between the 2 parties is very clear.

          • Enough of your erratic and nonsensical sermons on the mount. Jazus, son of Gillum.

          • Now many are choosing to stay in “poverty” by their own choices. It’s not because they can’t escape it, not because of racism, (although there are some local leaders who claim otherwise), not because they don’t have opportunities; they would just rather believe the government owes them.

            The EC exists for a reason, set up by individuals wiser than myself and many others in this country. It may not always work but it has worked more than it has failed. I’m not going to attempt an excuse or justification for Trump’s being a sore loser after the 2020 election. His incapability of acknowledging his loss to Biden is concerning to me and should be for others.

            I’ll disagree with you about the far left not controlling Biden. You may not see the strings as clearly as the ones manipulating the GOP but they’re there. The moderate electorate still can have some influence over the electoral process but it’s quickly fading.
            The clearness in differences between the two parties are seen only if one can discern between their goals. Who would have ever thought the left and right extremes would be vehemently in opposition to helping our Allies?

          • LBJ’s record is similar to that of almost all democratic administrations, including the city commission.

            As long as they stick with politics and civil rights they seem to do OK. But when they get involved with social economics the long tail collateral damage often outweighs whatever short term comfort their redistributionist efforts provides.

        • You have the wrong vowel in the first syllable of your pseudonym. It should be an “i”, not an “a”.

  • The good faith estimate of the number of businesses likely to be impacted by the proposed ordinances is “None.” Obviously the biggest lie ever told other than the commissioners are smart. Can you imagine the rate hikes and fees required after the credit downgrade? The statement is absurd.

    • What they are saying is the impact of placing this question on the ballot is ‘zero’…they are not addressing any possible impacts from the actual proposed ordinance. They are speaking and being serpent-like.

  • Just when I thought the city commissioners couldn’t get any dumber they top themselves yet again

  • 1/3 of GRU customers won’t be allowed to vote for the referendum?
    I’m pretty confident they’ll be okay with that seeing as how the commissioners only represent about 1/8 of Gainesville voters.

    Harvey’s going to need more than a belt and suspenders…a bib.

    To the idiot Commissioners and Mayor, you brought this on yourselves, time to suck it up and stop suckling.

  • Good.

    The city built and owns the 100+ years old GRU, not the state or Newberry. Those GRU customers not in the city had and will have as much say in how GRU spends it’s money as they would if their power was supplied by Duke or FPL – none. They all are, however, overseen by the Florida Public Service Commission.

    • Brighter side, at least city GRU customers won’t have to worry about the fiscally incompetent commissioners continuing to use their utility profits to pay for their personal BS projects for 4 years. Taxes may go up but if taking their personal piggy bank away gives that lard arsed Harvey a heart attack, it’s worth every penny.

    • Well Mr. Jazzy pants, you are so cute! Why not continue to let the city commission screw everyone in the name of you get what they slide you under the table in some nonprofit scheme.
      Btw “Owned BY THE PEOPLE IT SERVES”. Those of us out side the city being served by GRU are also owners according to its gates so shut up and take a seat oh yes and hold on tight you may not like this ride!

      • Thanks for the compliment That Girl, but I am happily married, and no, I pay taxes, I don’t collect them.

        I guess we agree – since you haven’t challenged it – that you have as much say in GRU as you would in Duke or FPL – none. I am also a GRU customer in the county who has been served by those other utilities, and don’t kid myself otherwise

    • The current city commission hasn’t built anything beyond Grace Marketplace and some fire stations. Rather they are stewards of the legacy of prior commissions and have failed repeatedly in that task.

      The customers of Duke or FPL have a reasonable expectation the people elected by the stockholders to board of directors will be financially competent, responsible people.

      We most assuredly do not have that with GRU. The GRU board of directors repeatedly demonstrated local politics is more than operating GRU in financially responsibility manner.

      • The remedy for your 1st complaint in a democracy is to elect someone else, not seize the government and it’s assets.

        Again, you and I would have no say – and probably no idea – what Duke or FPL does with it’s operating capital and profits.

  • Desperate attempts to get their cash-cow back in the pen 🐄

  • They are crapping their pants over possibly losing all that GRU (pilfered) transfer $$$. Those of us in the county who don’t get to vote should be able to petition to remove the transfer charge from their bills.

  • Putting aside that the ballot is a useless waste of time money (the city of Gainesville can’t override state law), the city is violating the law with their *knowingly fraudulent* Business Impact Estimate.

    The cost of a credit downgrade due to Ward and Eastman’s impotent posturing will result in even higher electrical bills for businesses.

    • Moody’s issued a warning about future ratings if the authority law was passed, so uncertainty in either direction is the issue.

      • Adrian… I mean Brian! Please stop— you’ve both done enough damage and continue to from and behind the dais!!

  • Dear Governor Desantis,

    Alachua County nonpartisan citizens have:

    1.) Challenged the GRU Electric Biomass Air Permit
    2.) Challenged the PSC Need Determination for the GRU Electric Biomass Plant
    3.) Forced a Sunshine Law Redo of the GRU Electric Biomass Contrast
    4.) Worked with Keith Perry and Chuck Clemons to pass a local & special bill to create a competent GRU Authority that you have appointed (HB1645, 2023)
    5.) Worked with Keith Perry to obtain an unflattering operational audit of GRU.
    Please exercise your appropriate powers to protect GRU ratepayers/stakeholders from a rogue Gainesville City Commission.

    Sincerely,
    Jim Konish

    • I did not know that Perry, Clemons, and DeSantis were non-partisan, though I do know that Perry took $100k in dirty money from FPL to help him squeak out a 2,000 vote win in 2018.

      Yeah Jim, maybe Tallahassee Daddy in the Go-Go boots and his stooges elected by the citizens of Marion, Levy, and Gilchrist counties will get you the power you can’t get legitimately by winning an election.

      Pathetic

  • Hoping not just the State of Florida but the Feds will look into all the sketchy actions of the COG. It would be great if the commissioners along with charter officers didn’t just lose their jobs but also got jail time.

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