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ALACHUA COUNTY ‒ Florida Governor Ron DeSantis announced on Sept. 25 that Florida will move into Phase 3 of reopening, a move that will roll back many of the restrictions put in place over the last six months of the coronavirus pandemic. That means all statewide restrictions on bars and restaurants will be removed, DeSantis said, and the changes will go into effect immediately.

“I think that this will be very, very important to the industry,” DeSantis said. “The order that I’m signing today will guarantee restaurants can operate and will not allow closures. They can operate at a minimum of 50 percent, regardless of local rule.”

While the governor said bars and restaurants can resume normal capacity, local governments can still put some restrictions in place as long as they allow at least 50 percent capacity.

Phase 3 also suspends all outstanding fines and penalties against people who violated city and county mask mandates and prohibits counties from collecting on any penalties going forward. "We need to get away from penalizing people for not social distancing," DeSantis said.

DeSantis has taken the social distancing issue even further. As Florida’s public universities work to protect students from COVID-19, DeSantis says he wants to protect students from their universities.

He said the state is exploring ways “to provide some type of bill of rights for students” who face discipline over social distancing rules intended to stem the spread of the virus. “I understand universities are trying to do the right thing, but I personally think it’s incredibly draconian that a student would get potentially expelled for going to a party, that’s what college kids do, and they’re at low risk,” DeSantis said.

Several large Florida public universities have seen a surge in cases since the school year started. Florida State University president John Thrasher sent a letter to students threatening to suspend those who continued to socialize after being asked to self-isolate or quarantine. During the first week of the semester, 11 people were arrested at a house party held by a banned fraternity. Florida State University has reported nearly 1,360 cases of the virus since that time.

Police officers in Tallahassee, home of Florida State University's 437-acre campus, responded to more than a dozen calls in reference to large crowds last weekend. One gathering at an off-campus apartment complex involved more than 1,000 people congregating outside, police said. At the University of Florida, students who don’t wear masks can be banned from classrooms, and repeated offenses can lead to expulsion. The university has reported 1,078 cases of COVID-19 since reopening.

While statewide figures have been declining after the July/August surge, Florida is still ranked third in overall cases with 704,568 cases, 43,855 hospitalizations and 14,313 deaths as of Sept.29. Daily positive cases for the same date were 3,259 for a positivity rate of 4.9 percent, which has remained steady with little decline.

Reopening fully with no restrictions could be a recipe for a fall resurgence even higher than the summer, now that schools are in session and no restrictions on gatherings, social distancing and masks. The demographics on who is catching the virus is also changing. The median statewide age has dropped to 40, but towns with large universities are seeing it reflect the age where social interaction and entertainment is most prominent.

In Alachua County there have been 8,230 cases with 406 hospitalizations and 56 deaths. With a county median age of 27, most cases are among the college age crowd accounting for twice the number of any other age group. While this age group is generally healthier and therefor does not develop as severe cases, the people they interact with are susceptible to infection as well, which is how the summer surge happened after Memorial Day.

While the vast majority of Alachua County cases are based around the college age population in Gainesville, outlying municipalities have widely varying rates. By zip code, the largest number outside of Gainesville is 32615 with 384 cases, but that covers a large area including parts of High Springs, Alachua, Newberry, Worthington Springs and La Crosse. The zip code that covers a single municipality is 32669 which covers Newberry with 338 cases. All other outlying zip codes have a rate under 150.

One area that has been fairly successful at containing the spread has been the public schools K -12. The School Board of Alachua County (SBAC) set up rules and website information for parents and staff to help protect the students and minimize the threat prior to opening. Of the 37 schools in the district of 29,845 students, there have only been 46 students and 26 staff who tested positive in 11 schools. Most of those schools have had only one or two cases with the exceptions of Bishop Middle School and Buchholz High School each with five. The only school with a higher rate is Newberry High School which has reported 16 cases.

Under Governor DeSantis, in Phase 3 all restrictions on businesses are lifted to improve the economy and there is no mandate for fines or social distancing. While the concept is to help struggling businesses, open the economy and try to return to normal life prior to the pandemic, risks still exist. Like the summer surge, the results will be determined by the virus timeline of how fast and wide it spreads. First symptoms usually start about two weeks after infection, during which time they can spread. The illness can last for several weeks and varies in severity. If severe, hospitalization occurs two to four weeks later. The mortality rate goes up three to six weeks after hospitalization. The timeline is controlled by the virus, but it is affected by efforts to contain it. Time will tell whether Phase 3 was successful.

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ALACHUA – The City of Alachua filed suit in circuit court against Alachua County Monday over a proposed charter amendment that, if approved, would dramatically change how growth is managed countywide. The measure is set to appear on the Nov. 3 general election ballot. The measure is roundly opposed by city commissions around Alachua county, but that has not stopped the Charter Review Commission from pushing it onto the ballot.

The Alachua County Charter Review Commission voted 10-2 to adopt CRC Resolution 2020-1, which includes a ballot summary purportedly informing the voters of the scope and effect of the amendment. If approved by voters, the charter amendment would essentially establish a so-called growth management area comprising a substantial majority of lands not currently within any city’s municipal boundaries.

The teeth of the amendment are in the details of the text, which essentially dictates that if a city annexes any of the growth management lands into its municipal boundaries, those lands will continue to be exclusively subject to the County’s Comprehensive Plan and Land Development Regulations. Under current law, once a city annexes a parcel of land into its corporate limits, that annexing city’s comprehensive plan and land development regulations govern zoning, growth and development of that annexed land.

The ballot summary states, “COUNTY CHARTER AMENDMENT ESTABLISHING COUNTY GROWTH

MANAGEMENT AREA. Shall the Alachua County Charter be amended, effective countywide, to establish a County Growth Management Area (“Area”), provide that the County’s comprehensive plan and land development regulations will exclusively govern land development in the Area, whether inside or outside municipal boundaries, authorize implementing ordinances, provide for removal of lands from the Area, and provide that the charter and implementing ordinances shall prevail over conflicting municipal ordinances?”

The City of Alachua’s chief complaint as laid out in the lawsuit is that the ballot measure violates Florida voting laws, specifically Florida Statute 101.161(1), which sets out rules for the language of a referendum such as the one proposed by the Charter Review Commission.

The lawsuit alleges that the ballot language is misleading because it gives the false impression that the main purpose of the amendment is to establish a growth management area, when in fact the primary purpose of the amendment is to stymie a municipality from using its own land use regulations. The City also states the ballot summary does not provide “fair notice” that the proposed amendment would modify current rules regarding annexed lands, most notably that a city would no longer be allowed to impose its own land use regulations and comprehensive plan.

The lawsuit goes on to allege that the ballot summary is “false and misleading” because it gives voters the false impression the amendment will result in the County’s planning regulations being applied to lands outside of a municipality, when, in fact, as it currently stands, the County’s planning regulations already govern development and zoning of lands which are not in the corporate limits of a municipality.

Going further, the City calls the ballot summary misleading because it does nothing with respect to the management of growth, but rather, it merely dictates who will have regulatory power, not what is to be done with that authority. And, the City says the ballot measure suggests that growth is not currently managed in areas in the so-called growth management areas or that it would not be managed if annexed into a municipality.

Indeed, the City states in the lawsuit that the amendment would undermine a city’s ability to impose more restrictive regulations to manage growth. The City also calls the Charter Review Commission’s use of the phrase, “Growth Management Area” improper political rhetoric in violation of Florida Statutes 101.161(1).

In its chief complaint, the City details numerous other grievances with the ballot measure, including the failure to inform voters that the amendment would establish actual boundaries for the so-called growth management area, failure to include a reference to the proposed boundary map, failure to inform voters that only by a super-majority vote of the Board of County Commissioners could lands be removed from the managed area. On a technical point, the City notes that the Spanish language translation of the ballot summary is 90 words, exceeding the 75-word limit established by state law.

In Count II and III of its complaint, the City states that the amendment fails to comply with Florida’s state constitution or state laws because the amendment could not “coexist” with existing state laws. In particular, the City points out that the charter amendment would impose the County’s land use regulations in conflict with Florida’s laws regarding municipal annexation and contraction, Florida Statutes 171.011 through 171.094. Additionally, Chapter 163 of Florida Statutes mandates that with respect to land use, a municipality “shall exercise authority” over lands within its boundaries, but the amendment, if approved, would preempt a city’s regulatory control over land use matters. Finally, the City alleges that proposed amendment conflicts with other parts of Chapter 163 which provide explicit procedures for the amendment of comprehensive plans.

The City asks the circuit court to provide temporary and permanent injunctive relief by invalidating the proposed charter amendment, striking it from the 2020 ballot, preventing the Supervisor of Elections from tabulating or certifying the results of the referendum and preventing the County from enforcing the amendment if approved by voters.

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ALACHUA ‒ The Alachua City Commission at the Sept. 28 meeting approved the City’s budget of $45,346,264 for the 2020-21 fiscal year. The Commission authorized the final millage, final budgets and Capital Improvement Program (CIP) for the fiscal year beginning Oct. 1, 2020 and ending Sept. 30, 2021. The millage rate, which is renewed for each budget year, determines the City budget as funded through General City Purpose Ad Valorem Taxes. The General Fund rolled-back rate is 5.1416 mills with the final millage rate set at 5.3900 mills. The final millage rate is more than the rolled-back rate by 4.83 percent.

Some streets in the city of Alachua may be resurfaced if the city is successful in receiving funds through a Community Development Block Grant. On Aug. 10, 2020, a Citizen Advisory Task Force (CATF) meeting was held to discuss Community Development Block Grant (CDBG) funding opportunities. A public hearing was subsequently held by the City Commission directing City staff to pursue applying for CDBG funding in the Neighborhood Revitalization category. At the Sept. 28 meeting a second and final public meeting was held before approving the application.

Grant funds must be used to prevent or eliminate slum or blight conditions and benefit low to moderate income residents. The $700,000 grant is funded through the Florida Department of Economic Opportunity and the City must provide matching funds of $50,000.

The funding would be used to mill and repave approximately 9,000 linear feet of existing streets. Those streets include Northwest 167th Place, Northwest 142^nd Terrace, Northwest 166^th Place, Northwest 125^th Street, Northwest 148^th Avenue, Northwest 147^th Lane, Northwest 122^nd Lane, Northwest 121^st Terrace, Northwest 121^st Terrace, Northwest 148^th Place, Northwest 147^th Place, and Northwest 146t^h Terrace. The project will include any necessary risers for manhole adjustment and will provide for replaced driveway aprons, as necessary. The final project locations will be determined by project costs, income survey data, and eligibility of the area. At least 51 percent of the residents who benefit from the revitalization project have to have low to moderate income status.

The Commission approved the preliminary plat of the proposed Baywood Centre Lot 3 to provide better road access to future businesses and improve traffic flow. The proposed Baywood Centre subdivision is located north of U.S. Highway 441, south of Northwest 157^th Lane, and west of the Campus USA Credit Union, Alachua Branch. The proposed road would come north off Highway 441and up to Northwest 157^th Lane to provide direct access to Highway 441 for the Baywood Centre subdivision. It provides a 52-foot private ingress/egress and public utilities easement over the western portion of Lot 3. This easement would also serve Lots 2, 3 and 4 with additional access.

The Commission also approved ratification of FY 2020-21Alachua Police Department (APD) Collective Bargaining Agreement between the City and the APD. The contract includes merit increases for those who qualify in all APD Bargaining Unit ranks and classifications.

The Commission also accepted Edward Byrne Memorial Justice Assistance Grant (JAG) funding of $16,488. APD will use the funds to purchase of law enforcement equipment.

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HIGH SPRINGS ‒ On Sept. 10, High Springs became one in a string of Alachua County municipalities to unanimously approve a resolution opposing Alachua County’s proposed “County Charter Amendment Establishing County Growth Management Area.”

Commissioners were not only unanimous in their opposition to the county’s action; they were emphatically enthusiastic in their opposition as they approved Resolution No. 2020-I.

On Aug. 24, Newberry’s City Commissioners approved Resolution No. 2020-36, leading the way to opposing the county in their attempt to take jurisdiction away from the various municipalities. In making their decision, one commissioner commented that this action would take home rule away from the cities and give it to the County instead.

On September 21, the City of Alachua filed a lawsuit challenging Alachua County’s proposed Charter Amendment which states that it would establish a County Growth Management Area.

If approved by the voters, the charter amendment will restrict the ability of municipalities to determine the appropriate uses for property within their jurisdiction after annexing property from the County into their city.

If voters approve this Charter Amendment in the Nov. 3 election, it will apply to every city in the county as well as to the unincorporated Alachua County residents.

A portion of the High Springs resolution reads as follows: “Article VIII, Section 2(b) of the Florida Constitution provides for Home Rule: ‘Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise power for municipal purposes except as otherwise provided by law.’”

When the topic was discussed in Newberry, Mayor Jordan Marlowe indicated that the Alachua County League of Cities is in opposition to this significant change and he hopes community leaders in the other municipalities will educate their voters as to the significance of the proposed change.

Educating the public is exactly what High Springs Commissioners said they wanted to do when they approved Resolution No. 2020-I.

Commissioner Linda Jones said that before she became active on the Commission, she would not have known how an amendment like this might impact her community. “How are they going to know what they are voting on and how it will impact them if no one educates them?” she said. “I’m not talking about telling people how to vote, but people need to know what they are voting for.”

Commissioners agreed that the amendment adversely affects the ability of the City to determine appropriate land use for property within its jurisdiction. They also believe that local elected officials make the best decisions about developments within their community.

In addition, this action discourages businesses from moving into the community as the City will not have control over local land use policies. It further discourages people from moving into a City where they feel compatible with local policies.

Several Commission members said they feel capable of managing their own zoning and policies and do not believe that the extra, unnecessary level of bureaucracy is in the best interest of the citizens of their community.

The approved resolution indicates that it is in the best interest of the City of High Springs to oppose the proposed Alachua County Charter Amendment.

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ALACHUA ‒ The Florida Highway Patrol (FHP) was called to the scene of a two-truck crash at 11:06 a.m., Tuesday, Sept. 29. The incident occurred at the intersection of U.S. Highway 441 and County Road 235A in front of Santa Fe High School.

A dump truck, driven by a 73-year-old Apopka man was traveling east on U.S. Highway 441 in the left lane. A tractor-trailer, driven by a 58-year-old Nicholasville, Kentucky man, was traveling north in the left turn lane of CR 235A in preparation to turn onto U.S. Hwy 441.

The FHP report indicates that for unknown reason(s) the dump truck driver failed to stop for the red traffic signal and continued through the intersection. The front of his truck struck the front of the tractor-trailer. The sound of impact was heard as far as classrooms at Santa Fe High School.

After the initial collision, the dump truck overturned onto its left side. The tractor-trailer came to a final rest facing a southeast direction.

The Apopka dump truck driver was pronounced deceased on the scene by Alachua County Fire Rescue. The Kentucky tractor-trailer driver was transported to Shands in Gainesville with serious injuries.

It is unknown whether either driver was using a seat belt at the time of the crash.

Traffic was detoured around the crash site for hours as southbound lanes were blocked while authorities worked the scene.

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NEWBERRY ‒ A veteran owned small business specializing in environmental emergency response and training broke ground at their Newberry location on Sept. 17, 2020. Alpha-Omega Training and Compliance, Inc. (AOTC) specializes in environmental engineering, occupational health and safety training and compliance, emergency response, and utility support services. AOTC provides professional services to private, commercial, industrial, municipal, and federal government clients.

While the company had its beginnings in Cocoa, Florida in 2008 when Coast Guard veteran Todd McDowell and Army veteran Brian Barnett began an environmental and work safety consulting business, they have long-term ties to Newberry. They worked with AAG Environmental, and when that firm disbanded, ATOC took over their business and kept their ties to Newberry as well as with lifelong resident Clint Daugherty who also works for AOTC. Newberry was selected as a good location to maintain a north Florida division that could also cover clients in South Georgia as well as Alabama.

Growing their new company in Cocoa while working out of their homes, their client list grew, and they expanded their services to cover a wider range of company training, health and safety training, emergency spill cleanup and environmental reviews.

Today the firm has 35 employees with the main office in Cocoa and additional personnel in Tampa and Fort Meyers to be able to respond quickly to client needs in different parts of the state. Personnel includes engineers, construction managers, equipment operators, and specific industry specialists such as emergency management, compliance auditing, industrial hygienists, certified safety professionals, emergency spill response, and remediation.

They have contracts with multiple municipalities such as Cocoa and Daytona Beach as well as Orange County. Because of their home location in Cocoa, they also have contracts with the Space Center, Missile Defense program and Space X. But a large portion of their business in with individual private companies or utility services throughout the state.

AOTC covers all aspects of environmental health and safety from company employee training and education on compliance rules to using heavy equipment for 24-hour emergency response for waste and spill cleanup operations services to a variety of hazardous material and bio-hazardous incidents, including fuel spills, commercial truck accidents, truck wreck services, industrial incidents, and medical-based spill cleanup. They work with public and private sector clients to minimize the effects of hazardous materials, chemicals, and bio hazardous materials on human health and the environment.

AOTC also offers industrial waste management services designed to minimize long-term liability and control costs, both of which are highly beneficial to the client. They will characterize, profile, and dispose of remediation, assessment, and generator waste streams in an effort to eliminate the risks of violating industrial risk regulations, which can be costly. Other services are noise and air sampling for the protection of client's employees.

McDowell said that safety and environmental issues are the primary focus of AOTC and that communication is key, and success is dependent on the planning, development, and implementation of the quality solutions and services to each client no matter how big or small.

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