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ALACHUA ‒ The Alachua City Commission on Sept. 25 voted 5-0 to approve its 2023-24 annual budget in the amount of $ 66,733,019. The total is an increase of $ 3,223,056 above the amended budget for the 2022-23 fiscal year.

About $1.3 million of the budget increase was to the City’s general fund. In addition to adopting the budget, the Commission also approved a resolution setting the 2023 ad valorem property tax rate at 5.9500 mills. The City’s millage rate for the 2022 tax year was 5.3900 mills.

The rate adopted for the 2023 tax year is higher than the “rolled-back” rate of 4.9899 mills. The rolled-back rate is calculated by determining what tax rate would need to be applied to current property valuations in a given taxing district to generate the same ad valorem tax revenue as generated in the prior tax year. The 2023 rate adopted by the City of Alachua is an increase of 19.24 percent.

The approved millage rate in the City of Alachua, like every other municipality in Alachua County, resulted in an effective tax increase over the 2022 tax year. The increase was met with considerable displeasure by one man who spoke at the Sept. 25 meeting, angrily telling commissioners the increases may force him to move. The man left before commissioners could respond, but Vice-Mayor Dayna Miller said she hoped they could discuss budget issues more to understand the budgeting process.

In conjunction with the approval of the budget, the Commission also gave the nod of approval to a Capital Improvement Program (CIP), which includes funding for Alachua Police Department vehicles, underground and overhead utility improvements, street lighting, wastewater lift station replacement, recreation center ballfield lighting, and improvements to Alan Hitchcock Theatre Park on Main Street. Also included in the improvements plans is about $1.165 million for resurfacing city streets. In total, the City has budgeted about $14 million for capital improvements in the 2023-24 fiscal year.

Notably, the commission also approved a plan that would raise the minimum wage to $16 per hour for anyone employed by the City. Human Resources Director Tara Malone said the recommended changes come at the urging of City Manager Mike DaRoza who hoped to retain employees by being more competitive with surrounding employers, including other governmental agencies.

Compliance and Risk Management Director G.B. Wilson said the City’s police department had lost three employees in recent months, at least partly because of wage differences. Malone said she believed the increased wages would not only help the City retain employees, but also provide room for growth within the organization.

Raising the minimum starting wage does have the effect of “wage compression,” where employees who were making less than the minimum would now be making as much as other employees, requiring an upward adjustment across the City’s entire pay scale. In all, the calculated effect of the increase in the minimum wage is estimated at $780,000 for the 2023-24 fiscal year, however this total does include additional positions not yet filled.

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BY JENNIFER CABRERA/Alachua  Chronicle

TALLAHASSEE, Fla. – In an order issued today, Leon County Circuit Judge Angela Dempsey granted the defendants’ Motions for Summary Judgment against the City of Gainesville’s claims that HB 1645, the bill creating the GRU Authority, is unconstitutional.

Read the order here.

The City filed the lawsuit in July against Governor Ron DeSantis, Attorney General Ashley Moody, and Secretary of State Cord Byrd, arguing that the Governor does not have the authority to control a municipal utility, the bill assigns legislative powers to an appointed body, the bill impairs the City’s ability to enter into contracts, the bill required a referendum, and municipal functions may not be transferred to an appointed board.

The City filed a motion for summary judgment on August 18, and the defendants filed motions for summary judgment on September 15. The defendants argued that they are not proper parties to the lawsuit, the City lacks standing, and all claims made by the City are barred by sovereign immunity. The Attorney General and Secretary of State also argued that the City failed to state a legally sufficient claim.

The judge ruled for the defendants on every point.

Each defendant is an improper party

Judge Dempsey wrote that the City did “not allege, much less demonstrate” that the defendants are charged with enforcing the statute; the state official charged with enforcing the statute is the proper defendant in any lawsuit challenging the constitutionality of a law. Judge Dempsey wrote that the GRU Authority enforces the statute in this case, not the Governor, Attorney General, or Secretary of State.

The City made the claim that the Governor is a proper party because he appoints the members of the Authority and that his appointment power makes him the “manager or supervisor” of the Authority; Judge Dempsey wrote, “Neither is true.”

The City lacks standing

Judge Dempsey wrote, “To challenge the constitutionality of a statute in Florida’s courts, a plaintiff must show that his constitutional rights have been infringed by the challenged statute.” When determining a plaintiff’s standing, courts consider three elements: the plaintiff must have an “injury in fact,” must establish a causal connection between the injury and the plaintiff’s conduct, and must show a substantial likelihood that the requested relief will remedy the injury. On top of that, as a municipality, the plaintiff must show that its claims are not barred by the Public Official Standing Doctrine.

Judge Dempsey ruled that there can be no injury at this point because the Authority has not yet been seated, so “nothing can or will change unless and until the Authority, once established, makes a change.”

Public Official Standing Doctrine

Judge Dempsey wrote that all the City’s constitutional claims are barred by the Public Official Standing Doctrine, which provides that public officials may not challenge the constitutionality of statutes affecting their official duties.

Sovereign Immunity

In Florida, Judge Dempsey wrote, “sovereign immunity is the rule rather than the exception… Indeed, Plaintiff has not refuted this argument.”

City failed to state a claim as to each count

The City’s complaint contains eight counts. The first is that the law is “unconstitutionally vague,” but Judge Dempsey wrote that the City’s arguments were invalid; for example, the City argued that the term “municipal unit” is undefined, but “the term is not used in the law.” In addition, precedents hold that any conflict between the law and a special charter provision is settled in favor of the special charter provision.

The second count is that the statute affects the contract for the sale of the City’s Trunked Radio System and its bond resolutions. Judge Dempsey wrote that “no such contract exists” for the Trunked Radio System and that the statute complies with provisions in the existing bond resolutions.

The third count is that a referendum was required to change the City’s charter, but Judge Dempsey wrote that the law requires a municipality seeking to amend its charter to engage in the referendum process but not the legislature.

The fourth count is that the statute violated the notice provisions in Florida’s constitution and statutes. Judge Dempsey cited evidence showing that City officials, including the Mayor, were well aware of the basic provisions of the law in March 2023 and thus had adequate time to gather information about the bill or “persuade the legislature to change its substance.”

The fifth count is that the Governor does not have the authority to appoint members of a municipal board, but Judge Dempsey wrote, “the Constitution is a limitation of power, not a grant on power” and “Plaintiff has not cited any constitutional provision that expressly or impliedly states that the Governor cannot appoint the members of the Authority.” Citing previous court cases, Judge Dempsey added, “It is clear that the Legislature has the authority to create this type of independent governing body.”

The sixth count is that the statute improperly creates a municipal legislative body that is not elected, but Judge Dempsey wrote that the Authority is not a legislative body.

In the two remaining counts, which argued that provisions in the law conflict with other statutes, Judge Dempsey wrote, “To the extent that any conflicts exist, the provisions of [HB 1645] are controlling.”

City Commission has already approved $500k for lawsuit

The City Commission recently allocated an additional $250,000 to the lawsuit, on top of an initial $250,000, in response to bills from the Akerman firm. The firm has been billing the City between $70,000 and $98,000 per month, with $219,135 billed so far and another $150,000+ anticipated by the end of this month.

Clemons: “This court order is a strong message… to put aside any differences”

Representative Chuck Clemons, who sponsored the bill, sent Alachua Chronicle the following statement: “This is a great day for the ratepayers and employees of GRU! It is my sincere hope that this clear and concise order issued by Judge Dempsey once and for all lays to rest the campaign of false narratives launched by detractors of this critical legislation. Throughout, it has been my unwavering commitment to return GRU back to its founding principles of providing the best and most affordable power to its customers. It was the pleas of those very customers who were the catalyst for this change in governance, and this court order is a strong message for all stakeholders to put aside any differences and work towards building a strong utility.”   

Eastman: “Now we’re left with a vague and poorly drafted bill”

City Commissioner Bryan Eastman sent the following statement: “Unfortunately, the court didn’t rule on the constitutionality of this clearly unconstitutional takeover by Gov. Ron DeSantis, the courts simply punted on the substance of the case. Now we’re left with a vague and poorly drafted bill, creating a clearly unconstitutional board, being ran by appointees who reside illegally outside of our city, and without any clarity on whether this is legal or not.”

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HIGH SPRINGS ‒ High Springs is gearing up for a new round of visual happenings next month. The seasonal Art Walk events return to historic High Springs on Saturday, Oct 14 from 12 p.m. to 5 p.m. featuring 15-20 local artists and makers situated on the sidewalks of the charming downtown area. 

Pat Valcante, local muralist, will be live painting and local potter Lynda Cross will give clay technique demonstrations.

Downtown High Springs also offers many eclectic restaurants and shops showcasing High Springs’ walkable, charming small-town hospitality they have become famous for. 

Unique Notions will be celebrating their five-year anniversary and patrons can enter their name to win a $100 gift certificate with a purchase of $15 or more. 

Lanza Gallery & Art Supplies will have local potter Debra Ridgdill with Potz Pottery out front, showcasing her newest creations. Inside the gallery there will be works by renowned Gainesville artist Alfred Phillips on their Guest Artist wall.

This seasonal event is an opportunity for local artisans and artists to demonstrate and display their talents and offer their works for sale in front of storefronts throughout the downtown area. Participating merchants will offer specials and sales during the event.  

Artists/creators interested in showing and selling in the High Springs Artwalk Events, should send an email with a picture of their items to downtownhighsprings@gmail.com.

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PUTNAM COUNTY ‒ Mathew Daniel Temael, 23, an inmate in the Putnam County Jail, has been charged with the first-degree murder of Louis Stackhouse, 69, of Hawthorne. Temael has no known address.

On March 5, emergency crews responded to a mobile home fire at 115 Cottonwood Drive, Hawthorne. A body was found in the master bathroom of the home and was later identified as Stackhouse. The death was later ruled a homicide.

At the time of the fire, neighbors told deputies a 2008 Silver Saturn Sky was missing from the home. On March 10, the car was found in Tampa. Police attempted to perform a traffic stop, the driver refused to pull over, and officers used stop sticks to affect the stop.

Temael and a woman exited the car and began to run. Both were caught and arrested on the charge of grand theft and were transferred to the Putnam County Jail. The woman, Tatiana Munioz, was released on bond.

The fire at Stackhouse’s home was determined to be arson. Putnam County Sheriff H.D. “Gator” DeLoach held a press conference on Sept. 11 to announce the arrest in the case.

The sheriff says the victim sustained several stab wounds and the fire was an attempt by Temael to cover up the murder.

While the sheriff did not detail how Stackhouse, a sex offender, and Temael knew each other, he did clarify that Temael was not one of Stackhouse’s victims.

DeLoach indicated that Temael was always a person of interest, even prior to Tampa Police stopping the car. He also said that they are still looking at Munioz to determine if she was also involved in the murder.

“While I do not condone Mr. Stackhouse’s prior crimes, I cannot allow murderers to roam free,” said Deloach. “Mr. Stackhouse’s family and friends deserve closure and justice, and I am proud of my detectives for this incredible effort and to give his family some peace of mind.”

Temael is being held on no bond at the Putnam County Jail on charges of homicide and arson and $250,000 each on vehicle theft and burglary.

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HIGH SPRINGS ‒ The City of High Springs has announced the arrival of its much-anticipated state-of-the-art water metering system to High Springs water customers.

Advanced Metering Infrastructure (AMI) is part of the City’s effort to upgrade the city’s water distribution system with an electronic reading capability and to replace meters that have served beyond their estimated useful lives. The target meter population includes all commercial and residential meters. The estimated time of completion for the entire project is two months.

Water meters are the devices used to measure the amount of water delivered to customers. The new system will allow meters to be read from cellular collectors mounted to infrastructure across the city. The new meters will assist in accurately tracking both individual usage for billing purposes, and monitor and evaluate community demands.

AMI technology has been proven to be an effective metering tool in cities and towns across the country. The technology provides for the ability to track consumption (hourly reading) and offers higher reliability thanks to timely readings and closer meter reading and billing dates. Both the City and customers will benefit from smarter decisions regarding service and usage, problem-solving capabilities, and improved resident engagement and service.

The City of High Springs has partnered with HST Utility to install some 2,800 new meters, with installation slated to begin in October.

The City of High Springs is encouraging residents to visit www.highsprings.gov/AMI for complete details, including frequently asked questions

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HIGH SPRINGS ‒ A Conditional Use Permit allowing a prospective vape shop failed to pass the High Springs Plan Board Monday evening after officials and residents expressed concerns about the business’s proximity to the High Springs Civic Center Park.

Vape Dimensions, Inc., is to be located in the former Alice’s Parkside Restaurant location at 19358 N.W. U.S. Highway 441. The 0.52 +/- acre property is located directly across the street from the park at the High Springs Civic Center.

Store owner Daniel Deal was present to answer questions and discuss the purpose of his shop, which he said was to help people stop smoking. Deal said he is a 40-year resident of Alachua County and that the vape shop is a family-owned business. Deal opened a store in Alachua in 2016, one in Lake City in 2018 and a third in Gainesville in 2019.

Deal said store hours are proposed to be 9 a.m. – 8 p.m. weekdays and 9 a.m. – 9 p.m. Friday-Saturdays. He said they card everyone who enters the shop and anyone under 21 years of age would not be admitted. Deal also said he would be selling CBD items and a small amount of glass pipes as well.

A lengthy discussion focused on the detrimental vaping items sold in convenience stores and what Deal said the differences are between those (imported from China) and what he sells.

Jackie Davis, a former nurse and Deal’s mother, addressed the Board, saying that carbon monoxide is present in many of the other vaping items available for sale, but not in their products. She also talked about the results she has seen with people that have used their products to reduce or eliminate their tobacco habit.

During the citizen comments portion of the meeting, Jennifer Lee, who said she was a former teacher, said she knows of kids who started smoking because they started vaping. She talked about three cases she knows of where there has been permanent lung damage to kids who were vaping.

Deal said that those kids were likely using vaping items purchased at convenience stores rather than the products he would sell.

Lee then referred to comments she said were made online by Pastor [Adam] Joy expressing more than 200 people who were against vaping shops.

Joe Nelson expressed concern that the shop would be selling glass pipes and said he didn’t think it was okay for kids across the street at the playground to be exposed to a vape shop.

The city attorney referred to state regulations saying that alcohol could not be sold within 500 feet of a school, but that there were no limitations related to playgrounds.

Bobbi Nelson said that she moved to High Springs because of the small-town atmosphere. She said she didn’t think vaping was good for anyone, let alone 14–15-year-old kids.

The portion of the City regulations on Conditional Use Permits that seemed to be problematic for Board members was Item #8 that deals with the permit not adversely affecting the health, safety or welfare of the community. The city attorney explained that it was up to the Board to decide if the application met those criteria or not.

Although the city attorney explained that the Board could approve the application with whatever restrictions it wanted, such as signage or a limitation on selling medical marijuana, Board members denied approval of the application outright.

Although the Plan Board voted against giving its approval to the Conditional Use Permit, the application will be heard by the City Commission at the Monday, Sept. 25 meeting.

In other Board business, a second application for a Conditional Use Permit for a Tobacco/Vape Shop (AASHI, Inc.) was heard. The proposed store is located in Gator Plaza, 18467 N.W. U.S. Highway 441, across from Bev’s Better Burgers. The property owner was in attendance to present this item as the business owner and proposed tenant was unable to attend the meeting.

The property owner said there is a daycare center in the shopping center, which has children ages five and under. As the store owner was not on hand to answer Board questions, a motion was made to table the application to allow the proposed tenant to be present to answer questions. The matter was tabled to the Oct. 16 Plan Board meeting and will not be heard by the City Commission until it has been heard and acted on by the Plan Board.

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