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Proposed road closure means legal questions for Hawthorne

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Local
03 November 2011
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HAWTHORNE – On Tuesday night, the Hawthorne City Commission tackled the issue of whether a road, SE 76th Place, should be closed.

City Manager Ellen Vause originally proposed to place “do not enter” signs at the entrance of the road. She also said she spoke with a property owner that would be affected by the road closure.

After further examination, Vause now says six more property owners would be affected by the closure.  And it may mean that these property owners will be required to contribute money to shut the road down.

“I thought it would be a simple road closing, but the more you look at it, the more challenges we have,” Vause said.

Property owners are responsible for funding the fencing and barricading of each property, Vause said. However, because the road is a historical pathway, the legal question is who would be responsible for which tasks and costs.

The dirt road has occasionally been maintained by the City throughout the years. And there are water and sewer lines running down the road, but the City does not have a legal right to maintain them.

Chris Dawson, a city planner with Alachua County, said the issue of ownership of the road arises because the public is using private land as a road.

“The road runs on private property and the City has been maintaining it without any authorization,” he said. “The City will be using these owners’ land one way or another.”

Referring to the road closure, city attorney Audrie Harris said property owners should be required to pay for a portion of the costs, such as purchasing the barricades. Residents will not be compensated for use of the land.

“It is reasonable for the City to tell residents they need to help with these expenses,” she said.

Mayor Matthew Surrency said he believes property owners should take some of the responsibility for the costs of closing the road.

“If the property owners want something different, then it should be their burden to try and find out what they need to do,” he said.

If the road is closed, in order to give affected residents access to their homes, the City would have to construct two roads to the north and south of 76th Place.

Commissioner DeLoris Roberts said the addition of these two roads combined with the costs of closing down SE 76th Place would not be the best economic choice for the City.

“This would have a lot of expense involved, which our budget does not speak to at the moment,” she said.

Vause asked the City Commission for guidance on how to proceed with the road closing. The commission directed City staff to meet with each property owner individually to determine their use of SE 76th Place and how access to their homes would be affected.

The commission also advised Vause to secure a utility easement, or an entitlement from the owners of the land, for the use of the water lines and sewer system, to allow the City to use and maintain the utilities.

Once these tasks are completed, the issue will be brought back to the City Commission for further discussion. Surrency advised City staff to document the property owner’s decisions.

“We have to make sure it is recorded so we don’t get sued later,” he said.

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High Springs weighs water fluoridation

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Local
03 November 2011
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HIGH SPRINGS – High Springs commissioners struggled to get to the root of whether the City should be fluoridating water for residents.

While water in the town is currently fluoridated to a level of 0.42 parts per million, well within federal public health guidelines, Commissioner Eric May initiated discussion of the elimination of the additive to the Sept. 22 meeting. He said he heard concerns from citizens about the issue.

Mayor Larry Travis said he also received citizen requests.

“My concern,” he said, “is that we're putting this chemical in the water that people don’t want.”

University of Florida senior water treatment training specialist Ronald Trygar gave a presentation before the commission supporting the removal of fluoride. He said he is not against people having healthy teeth, but the benefits of fluoride are not enough to outweigh the risks.

He said High Springs has naturally occurring fluoride already, helping to protect the teeth of the residents. Trygar explained that too much fluoride exposure leads to fluorosis, causing white spots to appear on teeth.

As a water treatment trainer, he quoted the manual he uses to teach his classes.

“It is important to avoid overfeeding,” he said. “It can cause illness and bad public relations. The operator must pay close attention to maximum dosages.”

He said a monitor must be installed at the water treatment facility to notify staff if over fluoridation occurs. If the dosage goes above the maximum, the water system must be shut down and completely cleaned. Public health officials have to be notified.

The commission is uncertain if such a monitor exists, and operators are only required to be present for three hours a day at the facility.

Trygar said that many other products are commonly available with fluoride in them. Pulling out a box of toothpaste, he pointed to a warning label.

It said that one should call poison control if excess product is consumed. He said this was because of fluoride, a chemical listed in his manual as dangerous for ingestion in its pure form, leading to corrosive burns in the mouth and digestive tract.

He also explained that the Department of Health suggests that parents do not mix infant formula with tap water because of the danger of fluorosis.

Upon questioning by May, Trygar explained that while the maximum level of fluoride suggested was lowered to 1.2 parts per million, there is no required minimum level. It’s an elective process, he said.

He also said that the process incurs costs the town does not pass to consumers. The high cost of water service in High Springs has become a major point of contention in the commission race.

However, Trygar said, “You’re probably undercharging for the amount of water you produce. Don’t yell at me for that, but it’s true.”

May said the cost is not the issue.

“It would save us about $3,000 a year to eliminate fluoridation,” he said. “That’s not something we’re going to jeopardize public health over.”

Dr. Scott Tomar, professor at the University of Florida College of Dentistry, said the practice of fluoridation is not only crucial to protect the oral health of the city’s most vulnerable citizens, but it is the most cost-effective way of doing so.

“It’s one of the few public health measures that not only prevents disease but actually saves money,” he said. “It saves approximately $40 for every dollar spent.”

He explained that fluoridation strengthens the teeth of those citizens unable to afford sufficient dental care. He said children and adults living in fluoridated communities experience less tooth decay.

“Not only is it effective, but it’s safe,” he said. “It’s not really a controversy because these questions have been asked and answered. The World Health Organization, the Pan-American Health Agency, they all recommend it.”

Paul Meyers, assistant director of the Alachua County Health Department, called fluoridation “one of the greatest public health achievements of the 20th Century.”

Gainesville was the first city to fluoridate its water in Florida, starting the practice in 1949. Meyers said the action is based on peer-reviewed, solid science.

Newberry and Fort White do not fluoridate their water, while Alachua does.

Local resident Pat Rush said the town must trust the experts. He said he spoke to a dentist about the issue.

“He told me, ‘If we took out the fluoride in the water,’” Rush said. “‘I’d have three times as much business.’”

Commissioners admitted that there was a great deal of information on both sides of the issue. They decided to postpone their vote about fluoridation until they found out whether the water treatment facility had a monitor.

Commissioner Dean Davis said this precaution must be in place, or fluoridation has to be discontinued.

“If there’s any chance a baby could die, it’s not worth it,” he said Add a comment

County to help Alachua expand recreation center

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Bryan Boukari
Local
29 October 2011
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GAINESVILLE – The Alachua County Board of County Commissioners (BOCC) has voted to fund an expansion to City of Alachua Hal Brady Recreation Complex.  The move came Tuesday afternoon despite a vote last week from the Alachua County Tourist Development Council (TDC) against the measure.

The City of Alachua has been eyeing a 105-acre tract of land lying adjacent to its recreation complex along County Road 2054 for more than a year.  City officials have reportedly negotiated a $1.2 million purchase price on the land, which is already zoned for a 215-home development with a taxable value of $1.9 million.

Dubbed ‘Project Legacy,” the additional land would more than quintuple the 25-acre recreation complex area the city currently owns.  For several years, the owner and developer of the property has allowed the city to use the land as a parking area during its annual Fourth of July celebration.

Of the $1.2 million needed to purchase the land, some $700,000 has already been raised, Adam Boukari, Assistant to the City Manager said Tuesday.  The funding gap of $500,000 has kept the City from closing on the deal which must be completed by Dec. 31 according to a contract with the owner.

The City of Alachua has committed to building three multi-purpose arenas with seating and lighting that could be used for lacrosse, a growing sport, among other activities.  Those arenas would come at an estimated cost of $300,000, City officials say.  But before the City can construct those facilities, it needs the half-million dollars to buy the land.

In a 6-2 vote last week, the TDC recommended against funding Alachua’s request for the $500,000, which would be taken from the bed tax, fees collected on hotel, motel, campground and similar rentals.

In turning down Alachua’s request, several members of the TDC cited concerns that Alachua’s project did not have enough details and circumvented the process for divvying up the funds raised from a two-cent hike in the bed tax last year.  A portion of that tax has been designated for Nations Baseball Park, under construction in Newberry, while another portion was to be set aside for a new fairgrounds.

In the meeting Tuesday, County Commissioner Rodney Long said he was opposed to funding Alachua’s request by essentially raiding the funds set aside for the fairgrounds.

“I’m not going to take one dollar out of the fairgrounds project until this board makes a determination of what it’s going to do with the fairgrounds and how it relates to the commitment you’ve made to the people in Plan East Gainesville,” Long said.

In challenging claims about the commitment to the fairgrounds project, Commissioner Lee Pinkoson commented that the board, including Long, already transferred $1.2 million from the fairgrounds project to county jail construction projects.

Commissioner Mike Byerly remained opposed to Alachua’s request for the funding citing similar concerns as TDC members that it fell outside of a prescribed process.  Byerly said he was in favor of re-opening the process and reviewing all of the proposed uses of the bed taxes, but not Alachua’s alone.

Pinkoson noted, however, that Alachua’s project did not meet the criteria to be considered in the review process undertaken last year.

Standing squarely behind the project, Commissioner Susan Baird detailed numerous reasons she believed the expansion was important and worthy of funding.  Baird pointed to Alachua’s track record with recreation, bringing numerous major tournaments over the years.

She also said that Alachua has a strategy to improve the quality of life by attracting major companies, which are some of the county’s largest taxpayers, including Dollar General, Walmart and Sysco distribution centers.  The $500,000 would be an investment in something tangible, said Baird.  “We’d provide a quality of life…for those groups that have decided to invest in our area.”

Although concerned about how the City would fund construction of the three multi-purpose fields, Commissioner Paula DeLaney also supported the funding.  DeLaney described it as a “transformational” project that would have long lasting impacts on the area.

In hopes of allaying concerns expressed by DeLaney and others, Alachua Mayor Gib Coerper told county commissioners the City was committed to the project.

“We have been committed to the recreation and the kids in this county for 30 plus years and we’re not going to let them down or let anyone else down who makes a decision for us to move forward with this commitment,” Coerper said.

Pinkoson noted that using the 105 acres as recreation was a more desirable alternative to homes.  “If it’s allowed to be developed, you lose that opportunity forever,” he said.

Details of the agreement haven’t been hammered out, but commissioners gave the green light to start drafting the deal.  In a 4-1 vote, the commission agreed to support the project.  Byerly cast the dissenting vote.  Commissioners referred the matter back to the TDC for a determination of how the request is to be funded.  At issue is whether or not it should be funded through the TDC’s reserve funds, the fairgrounds funds or a mixture of both.

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Church shooting sends one man to hospital, one to jail

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SHAYNA POSSES
Local
29 October 2011
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McCall_-_Mugshot_ASO11JBN010562Patrick A. McCall

HIGH SPRINGS – A skeet-shooting match at Forest Grove Baptist Church ended in life-threatening injuries for a High Springs man on the evening of Oct. 20.

According to the Alachua County Sheriff’s Office (ACSO), a group of church members was shooting skeet with shotguns at the church, located at 22575 NW 94th Avenue. Patrick A. McCall walked out of his house, which is located across the street from the church at 9306 NW 226th Street, and randomly fired a handgun in the direction of the church.

According to the arrest report, McCall said he was inside his house when he heard gun shots coming from the direction of the church. He retrieved his 9 mm Sig handgun that had a loaded magazine and grabbed another magazine that was loaded.

Standing four feet behind his house, he fired quick, successive shots until the magazine was empty. He reloaded and fired again, but could not remember if he emptied the magazine.

He said he was pointing the gun in the air in the direction of a pecan tree that is in front of his house. McCall said he fired rounds because he heard other people firing rounds. It is something he has done in the past.

Later, he said he fired the rounds because he wanted the church members to stop. He admitted that it was not the best idea to shoot rounds into the air without knowing where they will land, but he said he had no intention of hurting anyone.

ACSO Deputy Heather Phillips interviewed Thomas Jackson, Sr., one of the skeet-shooters at the scene. He said the church members were shooting on the south side of the property in a southerly direction.

As they reloaded their shotguns, there was a lull in the shooting. They heard a succession of shots and saw Judah go down, saying he had been shot.

Jackson did not see the suspect. He took his two sons inside for cover. His vehicle was hit by gunfire, shattering the back windshield.

His 12-year-old son saw the suspect. He heard a pause in the shooting, followed by “a lot of fast shots” that sounded like they were coming from across the street.

He saw the man focusing on something in the direction of where everyone was skeet shooting. It sounded like the shooter ran out of bullets. He then saw the man walk back to his residence.

Another witness, Jayde Roof, went over to help Judah, seeing that he had a hole on one side of his stomach and a graze on the other side. He applied pressure to Judah’s wounds while telling the others they should shoot the suspect if he approached.

The Alachua County Sheriff’s Office received a call at approximately 6:41 p.m. saying that someone had been shot. Medical personnel from Alachua County Fire Rescue and deputies from the sheriff’s office arrived to find Robert Matthew “Matt” Judah, 36, suffering from a gunshot wound to the abdomen. The deputies and fire rescue personnel administered first aid on the scene, and the victim was air lifted to Shands Hospital with life-threatening injuries.

Deputies evacuated the remaining people, including several children, from the church due to the nature of the investigation. They located several objects that had been struck by the random gunfire.

After three hours, the SWAT team took the suspect into custody without incident.

McCall was arrested and charged with attempted homicide. He is currently being held in the Alachua County Jail on $750,000 bail pending court appearances.

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Newberry to nail down uses for Canterbury

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MARIA CASTILLO
Local
29 October 2011
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NEWBERRY – Faced with more questions than answers, in a four to one vote, Newberry city commissioners opted to continue pursuing the acquisition of Canterbury Equestrian Center.

Opposed to the measure, Commissioner Lois Forte said, “I don’t want to move forward with it.”

Forte said the City had borrowed money for another sport-related project, Nations Baseball Parks, fearing the Canterbury acquisition would require additional loans and put the City further in debt. “Newberry citizens are the ones who are going to pay it back” Forte said.

“For me, let’s stop right where we are.”

Commissioner Joe Hoffman countered by saying that the loan for the baseball park is being paid back with hotel tax money, striking down the notion that the city is in debt.

Hoffman also recalled citizen concerns voiced at a September town hall meeting about the City’s proposed purchase of Canterbury. He said that citizens will support the acquisition if they don’t have to pay it for it.

Regardless to what happens to Canterbury, Hoffman proposed that Newberry should still pursue building another sports arena in other parts of the city.

One issue that commissioners did agree on was citizen opposition to having a carnival-like atmosphere at the equestrian center.  Commissioner Jordan Marlowe said it was clear that no one wants a carnival at the site.

City attorney S. Scott Walker said the commission should draft a set of criteria detailing what Newberry would like to do with the equestrian center and start negotiations with the county. One of the concerns is if the Alachua County fairgrounds, which is currently located in Gainesville, and Canterbury are regarded as a package deal, precluding negotiation if separated.

Commissioners were surprised to learn about a rumor circulating of a possible $ 4-million donation if the fairgrounds were to move to Newberry. None of the commissioners were aware of alleged donation.

Lawson commented that the price of the property was still vague, referring to the numbers discussed in September, which ranged between $4 million and $5 million.

Explaining that the owner’s asking price likely doesn’t match what the appraisal or value price would be, Ashby said, “That’s the nut that has to be cracked.”

Moving forward with the process, the City plans to conduct a workshop, possibly involving Canterbury’s property owner and staff.

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More Articles ...

  1. Tempers tested at High Springs political forum
  2. Solar power energizes Alachua
  3. Screams, spooks and Snickers bars
  4. County to fund Alachua recreation expansion
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