Sat12032016

Last updateWed, 30 Nov 2016 11pm

Legal Fees Mount Against Former High Springs Commissioner

Barnas 2Headshot

  HIGH SPRINGS – Legal fees assessed against former High Springs City Commissioner Robert J. Barnas continue to mount as Paul Regensdorf, attorney for Sharon Yeago, filed a motion for additional fees with the Florida Elections Commission (FEC).
  By a unanimous vote of the FEC Tuesday, Barnas was assessed an additional $68,720 in attorney's fees.  That amount brings the total owed to Yeago and her attorney to $116,596.95.
  The fees stem from a case in which Barnas originally filed a complaint against Yeago with the FEC on April 1, 2013.  Noting that Yeago was acting as spokesperson for Concerned Citizens for a Better High Springs, a group also known as Concerned Citizens, he filed it against her personally. 

  Barnas' original complaint charged that the group was formed to oppose a High Springs Charter amendment referendum and to support certain candidates running for commission seats in the Nov. 6, 2012 general election.  
  Barnas alleged at that time that such activity had violated various provisions of Chapter 106, Florida Statutes, since Concerned Citizens did not register as a political committee or appoint a treasurer, a registered agent, file reports of financial expenditures, nor keep records.
  The FEC summarily dismissed Barnas' original complaint against Yeago as being “legally insufficient” and, in July 2013, Yeago filed a counter petition against Barnas to attempt to recover attorney's fees and costs challenging Barnas' tactics in filing his original complaint.  
  Yeago argued in her counter petition that Barnas maliciously filed the complaint knowing that its allegations were false or that it was filed with reckless disregard for the truth.  
  Hearings were held in Tallahassee to consider Yeago's petition to be reimbursed for attorney's fees and expenses for the legally insufficient case brought by Barnas against her.  Following those hearings, Administrative Law Judge Diane Cleavinger wrote a detailed 27-page Recommended Order (RO) in support of Yeago's claim against Barnas and awarded $46,876.95 in attorney’s fees and costs.  
After receiving the RO ruling in Yeago's favor, Barnas submitted 55 pages of exceptions and challenges.  FEC members reviewed all of Barnas' exceptions and objections in Tallahassee in October 2014 and at a second hearing in Tallahassee on Feb. 24, 2015.  
Following this extensive review, the FEC substantially upheld the RO and rejected the bulk of Barnas' exceptions.
As Barnas has not complied and paid the amount approved by the Administrative Law Judge and the FEC, the Department of Legal Affairs is authorized by Florida Statutes to take on the task of forcing compliance with the Administrative Law Judge's order, a process that will ultimately further increase the amount owed with additional court costs and attorney fees.  
Regensdorf said his recent motion to the FEC was seeking additional attorney’s fees against Barnas for the rest of the proceedings since the 2014 administrative hearing.
“This would include the fees for the time spent finishing up the Department of Administrative Hearing proceeding, getting it enforced by the FEC, and defending the later appeal to the First District Court of Appeals, which Ms. Yeago also won,” Regensdorf said.
“They orally voted unanimously to grant my motion and award me and Ms. Yeago 100 percent of the additional fees requested.”
  In Tuesday’s vote, the FEC first awarded an additional $23,080 to Yeago and her attorney for legal work performed between April 24, 2014 (the end of the Administrative Hearing before the Administrative Law Judge) and March 25, 2015 (the date the FEC entered its Final Order against Barnas on all of the facts.)
  Then an additional $46,640 was assessed against Barnas for the legal work performed between March 25, 2015 (the date of the Final order from the FEC) and March 8, 2016, when the First District Court of Appeals denied all of the post-decision motions that Barnas and his attorney filed.  
These were the appellate fees only and included 116.60 additional hours of legal work.
  Barnas and his attorney were not in attendance at the Aug. 16 hearing and submitted no argument in writing.  Although Regensdorf must wait to have a formal written order entered, at which time he says “Barnas could appeal,” he said he is not overly concerned.  
  “Without coming [to the hearing] and making objections or arguments, there’s not much to argue,” he said.


#     #     #
Email Cwalker@
alachuatoday.com

Add a comment Add a comment

Newberry Eyes Housing, Jobs Grants

W - Newberry Downtown 2 ES5A7259

BOB BROWN/ Alachua County Today

 City of Newberry staff have presented three grant opportunities for the City Commission to consider ranging from job creation and economic deveopment to assisting low- to moderate- income homeowners in making necessary repairs to their houses.

 

NEWBERRY – The City is seeking grant funding for housing rehabilitation and possibly for economic development.

Newberry City Commissioners conducted the first public hearing Monday to consider applying to the Florida Department of Economic Opportunity (DEO) for a Small Cities Community Development Block Grant (CDBG).

City Grant Manager Wendy Kinser brought three grant opportunities to the commission to consider authorizing her to apply for the grants. Her request was approved. Kinser's efforts will be supported by consultant J. Scott Modesitt, AICP, Program Development Director for Summit Professional Services, Inc.

The first item authorizes staff to proceed with a Fiscal Year 2015 supplemental CDBG grant in the Housing Rehabilitation Category, which is “unusual,” said Kinser.

“This grant is being made available because none of the submissions for that grant cycle met the grant criteria for one reason or another,” she said.

Submissions for this grant are due by Aug. 30.

Should the grant be awarded to the City, Kinser expects that a minimum of 10 home owners could benefit.

“The grant funds will be used to bring properties up to code and is intended to benefit low- to moderate-income persons,” she said.

Property owners would have to apply to have their homes rehabilitated if the City obtains this grant. Applications are ranked and grant funds are awarded based on that ranking.

The second item authorizes staff to proceed with a fiscal year 2016 CDBG grant in the Housing, Neighborhood Revitalization or Commercial areas, also known as the Regular Category. The City is not eligible for this grant if it receives funding for the first grant (Housing, Rehabilitation). Submission is due in November.

The third authorizes staff to proceed with a Fiscal Year 2016 CDBG grant in the Economic Development Category, should an eligible project be identified.

“This grant is to help businesses create job opportunities,” said Kinser.

The maximum amount of money the City can request in the Housing and Regular grant categories is $700,000, while the total for the Economic Development grant category is $1.5 million.

Kinser emphasized that the amount of grant funding is based on how many jobs might be created through the grant.

Public hearings will be held before applications are submitted. “The application process includes two public hearings before the commission to ensure that the public has an opportunity to voice opinions on the proposed application,” said Kinser.

The second public hearing, referred to as the Transmittal Hearing, will take place Monday, Aug. 22 and will include what is referred to as an enabling resolution and a draft application for review prior to submission to the State.

#     #     #

Email Cwalker@

alachuatoday.com

Add a comment Add a comment

Communities in Profile: City of Waldo

W - Waldo - ES5A7313

BOB BROWN/Alachua County Today

 Waldo has a rich past, but recent times haven't been as kind as closures of the city's police department and public school have dealt serious blows to the community that once served as a bustling hub of trade and commerce.

 

WALDO – A tiny city most recently noted for its large flea market and a now-defunct speed trap, Waldo has a far richer history than many people may realize.

“Waldo’s history has had many ups and downs,” said Waldo City Manager Kim Worley via email. “Right now we are experiencing a down, so we are hoping that the upswing is on its way.”

Two significant events have negatively impacted the small but tight-knit community in the last two years. First, the city police department was dissolved in 2014 in the wake of illegal ticket quota allegations, and second, the Waldo Community School was closed by the Alachua County School Board at the end of the 2014-2015 school year because of low enrollment.

“Waldo residents really come together in a crisis to help their neighbors, and we all stick together,” Worley said. “We are not perfect, but we do pretty good.”

If Waldo’s older, deep history can be relived, prospects for the community would surely look promising.

The area around Waldo was one of the earliest settled by Americans in present day Alachua County. The first federal highway, the Bellamy Road, passed nearby in 1824, and an important Second Seminole War fort – Fort Harlee – was built slightly north along the Santa Fe River in 1837.

According to Jess Davis’ seminal work “History of Alachua County: 1824-1969,” Waldo began to grow in importance when the first cross-state railway – David Yulee’s Florida Railroad running from Fernandina Beach to Cedar Key – passed through in 1859. The rail also ran through Gainesville and Archer on its way to Florida’s west coast.

During the Civil War, a local Confederate company commanded by Captain John Dickison had its camp stationed near Waldo for a time. Dickison was the officer in charge of Confederate forces during the 1864 Battle of Gainesville.

A Florida Historical Marker off of State Road 24 even notes that Confederate President Jefferson Davis’ personal baggage and government records were seized by Union forces at a nearby house after the Confederate surrender in 1865.

The golden era of Waldo began not long after the Civil War’s conclusion. The citrus industry was particularly strong in the area, and two canals were completed in 1879 that connected Waldo directly to Lake Alto, then Alto to Lake Santa Fe, which created a water route connecting Waldo to Melrose.

According to another Florida Historical Marker located on Southwest 5th Boulevard in Waldo, the Santa Fe Canal Company established its headquarters in Waldo and started a lucrative freight and passenger service with a steamship traversing the route between Waldo and Melrose.

The Peninsular Railroad completed a line through Waldo in 1881, making it an important railway junction with the existing Florida Railroad line. Waldo became home to several railroad shops and a division headquarters for the Seaboard Air Line Railway.

Waldo’s prosperity took a severe hit along with other North Florida communities dependent on the citrus industry when hard freezes, one in 1886 and others in 1894-1895, ruined the citrus groves and led to the abandonment of the industry in the area.

Beginning in 1929 with the Great Depression, the rail industry also gradually began to decline in Waldo. The railroad shops and division headquarters were soon moved, and Waldo’s economy became primarily dependent on agriculture.

Today, the Waldo Farmer’s Flea Market is perhaps the most popular draw for visitors, but City Manager Worley sees additional reasons to spur Waldo’s growth in the near future.

“The bypass around Starke scheduled to be completed by 2019 will really change Waldo and bring growth this direction,” she said, referencing the Florida Department of Transportation’s (FDOT) planned bypass on U.S. Highway 301 around the City of Starke. U.S. 301 is one of two major highways, along with State Road 24, that run through Waldo.

“If FDOT will work with Waldo, we would like to do a downtown rehab,” Worley added. “However, the holdup is that downtown literally sits in the middle of [State Road] 24, which is a very busy highway with fast traffic [and] not much parking. So we are kicking around ideas to make changes that will make the Downtown walkable.”

Worley sees downtown revitalization as important to Waldo’s future.

“If we can get the town looking better, I think that will help get the excitement built back up,” she said.

#     #     #

Email Dwisener@

alachuatoday.com

Add a comment Add a comment

Sheriff Candidates Spar at Debate

W - Sheriffs Debate - Barnett IMG 1097

RAINA BARNETT/ Alachua County Today

 Supporters of all three candidates engaged in coversation following the debate.

 

NEWBERRY – An open debate was held on the evening of Thursday, Aug. 4 at Newberry High School between the three candidates for Alachua County Sheriff: incumbent Sadie Darnell (D) and challengers Zac Zedalis (D) and Jack Jacobs (R).

Opening statements allowed each candidate three minutes to state their mission and purpose in running for the Alachua County Sheriff.

“I have served in the law enforcement career unwaveringly for 38 years,” Darnell said.

Jacobs said his motto is to train others. “If you’re a supervisor, you should be mentoring someone to eventually take your position,” he said.

Zedalis is running based on a service-first method, which means focusing on the needs of others, especially team members, before consider personal needs.

“If you treat people with respect, whether you’re black or white, people will respond to that,” Zedlais said. “But you have to treat people with respect first.”

The top two topics discussed were budgeting and community involvement.

Darnell said she would not decrease the budget because she feels the department is understaffed and underfunded.

“It's increased by only $40,000,” Darnell said. “A $25 million budget over a six-year period has only increased by $40,000.”

Zedalis and Jacobs said they were interested in decreasing the budget.

“I’m talking about trimming the fat,” Zedalis said. “It is not helping us and is not protecting you. We have a lot of people sitting in higher-up positions, a lot of bureaucracy at the sheriff’s office who are sitting behind desks, supervising four people, making approximately $105,000 apiece.”

Jacobs had a similar viewpoint.

“We need to see what we can both live with and keep the community safe; we’re not going to hold hostage programs that are some of our best programs that we have,” Jacobs said.

Alachua County Resident Carrie Roberts said Zedalis made a good impression on her.

“I was sitting by myself and he actually made it a point to come over and say hi and shake my hand,” she said. “I think it’s about making others see that you care, and not just doing things to get their vote.”

The election process has not been devoid of drama, as Zedalis was fired by Darnell in February from his position as detective with the Sheriff’s Department over a domestic dispute. This happened after Zedalis had declared his candidacy to replace Darnell as Sheriff. Zedalis claimed at the time his firing was politically motivated.

#     #     #

Email Rbarnett@

alachuatoday.com

Add a comment Add a comment

Newberry City Limits to Increase by 1,000 Acres

Newberry Welcome Sign ES5A7228

NEWBERRY – Commissioners took the first step in the voluntary annexation of 23 parcels equaling slightly more than 1,000 acres into the City of Newberry at a commission meeting held Monday, July 25.

“Part of this is an attempt to begin to fill in some of our enclaves,” said Mayor Bill Conrad.

Two of the larger parcels to be annexed include Komoko Ranch at 171.38 acres and Loncala at 160 acres. Properties over 10 acres in size comprise 973.46 acres and properties under 10 acres comprise 49.61 acres, according to City records.

“We attempted to incorporate some of these properties into the City earlier at the property owners' requests,” said Conrad, “but ran into roadblocks dealing with the County. We were trying to take steps to fill in enclaves and pockets of finger-like properties, but I guess the County wanted us to fill in each enclave completely at one time.

“With the repeal of the Boundary Adjustment Act in February, the City now can deal directly with the State,” he said.

“These annexations, when they are completed, will not extend the City's property farther out, but will increase the compactness of the City by eliminating enclaves and pockets,” said Bryan Thomas, Newberry's Planning Director.

“The entire process, start to finish, could take as long as a year to complete as there are several steps in the process,” said Thomas. “The City will have to amend the Comprehensive Plan and Future Land Use Map. Multiple State agencies have to review everything and may have questions or comments the City will have to address.”

The properties will also have to be rezoned from a designation of County to City.

The City is currently comprised of 34,176 acres, according to Thomas.

In other City business, City Attorney Scott Walker informed commissioners that internet sweepstakes cafes are not legal according to Florida Statutes. The City is therefore not licensing one business already situated on U.S 27/41 and is to deny the requests of two other businesses seeking licenses in Newberry.

#     #     #

Email Cwalkerr@

alachuatoday.com

Add a comment Add a comment