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HIGH SPRINGS ‒ The Florida Commission on Ethics weighed in on a complaint filed by High Springs resident Janet Evans alleging ethics violations by sitting High Springs City Commissioner Ross Ambrose. Following the Commission’s review of the complaint, all counts were officially dismissed on Oct. 20, 2023 for failure to constitute a legally sufficient complaint.

Ethics Complaint

The complaint filed by Evans listed a number of alleged ethics violations. Evans states that Ambrose founded a non-profit organization named The Heart of High Springs (HHS) in 2019, prior to his election as City Commissioner in November 2020 and that he owns PortaServe, a company that provides “porta-potties.”

The complaint alleges that the “HHS organization signed a contract with WallDog Mural Artists to hold a mural festival in the City in 2022, which was delayed due to COVID and generated controversy that inspired consideration of a mural ordinance that was discussed repeatedly for eight months.”

1. The complaint alleges that Ambrose received financial gain in the form of a tax write-off through a business contribution of $5,000 to HHS.
2. The complaint also alleges that Ambrose’s porta-potty business received financial gain through free advertising when he donated porta-potties to the mural festival.
3. The complaint also alleges that the City Attorney’s office donated $250 to HHS.
4. The complaint further alleges that Duke Energy has contributed to HHS.
5. Evans also claimed that Ambrose supported a Duke Solar Power Plant until he signed a contract with Duke Energy to supply portable toilets for the project, after which he stated he “would no longer be participating in the discussion or decision-making process regarding this topic.”
6. The complaint alleges that Ambrose voted to support the building and opening of a Tractor Supply Store and that Ambrose’s porta-potties were used at the building site.
7. The complaint alleges that the City paid $18,246 more than its contracted retainer to the City attorney and records indicate many telephone conversations between the City Attorney and Respondent.” Evans cited telephone calls between the attorney’s office and Ambrose as the source of the additional cost.

Committee Public Report and Order Dismissing Complaint

In the Public Report and Order Dismissing Complaint, the Commission on Ethics states that in reference to complaints identified here as 1 – 4, “The complaint fails to indicate violation of State Statutes Section 112.3148(4). To indicate possible violation of the statute, a complaint must allege, in a factual, substantive, nonconclusory manner that a Respondent or someone acting on their behalf, accepted a gift worth more than $100 from a vendor, lobbyist, or principal of a lobbyist or their agency.

“In this case, the complaint alleges that contributions to HHS were made by Duke Energy, the law firm currently contracted to provide legal services to the City, and the Respondent’s business. In each of these cases, the recipient of the donations is not Respondent, but HHS, an entity that is distinct and separate from its founder.”

In the Public Report and Order Dismissing Complaint, the Commission on Ethics states that in reference to complaints identified here as 5 – 7, “The complaint fails to indicate violation of State Statutes Section 112.3143(3)(a), which prohibits local public officers from, among other things, voting on a matter that will inure to his or her special private gain or loss.

“Regarding the vote on the construction of the power plant by Duke Energy, the complaint specifically alleges that Respondent recused himself from discussing or voting on the matter when the matter began to inure to his special private gain or loss, which is when his company signed a contract with Duke Energy.

“Regarding the construction of the Tractor Supply Sore, the complaint does not allege that PortaServe had any existing contract at the time Respondent voted to support the construction. In order to sustain an allegation of a voting conflict, the special private gain or loss may not be remote of speculative. Therefore, the complaint does not allege that Respondent voted on any matter that inured to the special private gain or loss of himself, his relative, his business associate or a principal by whom he was retained.”

“Finally, the allegation that the City Attorney has billed more than its contracted retainer, and that it has billed conversations with Respondent, does not implicate any part of the Code of Ethics. Nor does the allegation that Respondent is getting free advertising by donating PortaServe’s services at a festival.”

In summary, the Commission on Ethics said, “Accordingly, this complaint is hereby dismissed for failure to constitute a legally sufficient complaint with the issuance of this public report.”

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NEWBERRY ‒ While some residents are complaining about a proposed solar farm in Newbery, the City Commission is reconsidering an ordinance that addresses solar farms in the City’s agricultural zoning districts, which was passed in March 2019. Residents voiced their concerns to the City Commission at the Oct. 23 City Commission meeting

Solar development company Florida Renewable Partners (FRP) recently acquired agricultural property in Newberry that it plans to develop as a solar farm. The 760-acre property is located in southwest Newberry, west of County Road 337 and south of Southwest 30^th Avenue.

FRP plans construction of a solar farm in 2027, after necessary upgrades to the transmission system they propose to connect to have been completed by Duke Energy. They anticipate submission of an application for site and development plan consideration in 2026.

FRP was not present at the Oct. 23 City Commission meeting, but is planning to present information about solar farm developments at the Nov. 27 City Commission meeting.

In August, residents in the vicinity of the proposed solar farm sent a letter to the City expressing several concerns about the development and identifying suggested conditions for solar farm developments, including the proposed FRP project. Newberry Planning and Economic Development Director Bryan Thomas passed along resident complaints outlined in the letter to the company representatives and presented their response to some of the issues brought up by the neighboring citizens.

Of major concern was the size of the buffer, placement and opacity of a vegetative buffer to hide the solar farm from residents’ view, noise from an inverter and reduced property values.

Since the property was purchased prior to the City of Newberry voting on a solar ordinance, the City is taking the position that FRP has been grandfathered in. Citizens disagreed since FRP hasn’t submitted an application to the City of Newberry at this time.

Although no final decision was made on this issue, Florida Statutes Sect. 70.001 Private property rights protection provides for the Bert J. Harris, Jr. Property Rights Protection Act that affords property owners remedies against government entities that reduce the value of privately owned real property through regulatory decisions. The law provides relief for a landowner when State or local government seeks to restrict certain existing or future uses of land, and by doing so diminishes the fair market value of that land

One resident suggested that Alachua County’s regulations require a 75-foot setback. Newberry Mayor Jordan Marlowe said he wants to make sure changes to the City’s existing ordinance would not be for one solar company only, but would be applicable to all solar farm applications.

While no formal action was taken by the Newberry City commission, the City Attorney will research what is usual and customary in other Florida cities and counties prior to considering any changes.

Barrington Replat

Following a quasi-judicial public hearing, Commissioners unanimously approved a request by CHW Professional Consultants, agent, for Hawley Family Holdings, LLC, owner, for approval of a replat on property known as Barrington subdivision. The replat was for 39.8 +/- acres of non-contiguous land located at the northwest corner of Southwest 15th Avenue and Southwest 170th Street. The Barrington plat was originally approved on June 27, 2022.

The land is zoned Agricultural. The replat of Lots 8 - 11 addresses changes in the interior access road which were the result of a review by the Suwannee River Water Management District. The lots remain relatively in the same area. Lot 11 is reduced to 1.995 acres, which is below the minimum required lot area of two acres. However, the difference in area proposed and required is minor and causes no negative impacts to property in the immediate area.

Lot 23, approximately 29 acres in area, is being subdivided to create two new lots for a total of 25 total lots within the Barrington subdivision. Resolution 2022-35 permits the division of Lot 23 up to two times. The proposed Lots 23 - 25 all meet the minimum area requirements established in the original resolution.

Although the replat was approved, the approval carried a condition. CHW is to work with the City Fire Chief and Planning Department to work out a satisfactory way for fire trucks to be turned around now that the circular drive, which was part of the original access road, has been modified.

Contract with ASO

Commissioners unanimously agreed to authorize the city manager to continue an agreement with Alachua County Sheriff Emery Gainey for enhanced law enforcement services to the City. The original contract with Sheriff Clovis Watson expired when Watson resigned. City Manager Mike New and Gainey agreed to continue the contract negotiated with Watson on June 14, 2021, until the original end date of Sept. 30, 2025.

Lease Agreement for Cell Service

Following a presentation by Assistant City Manager/Public Works and Utilities Director Jamie Jones Commissioners unanimously voted to authorize the city manager to execute a lease agreement with Cellco Partnership (d/b/a Verizon Wireless) for cellular antenna array space on elevated water tower two, located at 24815 NW 16 Ave. (Newberry Easton Sports Complex).

Jones said the agreement addresses all necessary items (i.e., term, insurance, permitting, maintenance, etc.). The yearly compensation for the use of the water tower for the antenna array is $33,000, with an annual increase of two percent every year for the term of the lease, which is for a five-year period with the possibility of lease extensions.

The installation of the antenna is expected to extend cell service to those “dead spots” in the area while also diversifying the City’s revenue stream. Income from the lease agreement has already been incorporated into the budget for the City’s Water Department, said Jones.

Road Improvement

Jones addressed the Commission to report that a survey had been conducted on a 2.6-mile segment of Southwest 30^th Avenue between U.S. 27/41 and Southwest 202^nd Street. Although he originally told the Commission that the road needs to be a minimum of 60 feet wide to pave it and transition it into a collector street, the City’s Land Development Regulations require that roads constructed on a section line must have a minimum of 80 feet of right of way.

“The survey of this road segment has been completed,” said Jones, “which identifies 40 feet north/40 feet south of the section line, as well as the existing area maintained/used as a driving surface within this 80 ft. path. The existing area maintained/used as a driving surface is not centered on the section line consistently. In some cases, the existing area maintained/used as a driving surface is totally north of the section line and in some cases, it is totally south of the section line.”

The surveyor has identified this on a map as well as prepared a list of property owners and acreage necessary to establish a consistent 40-foot right-of-way both north and south of the section line.

Jones said there are 36 property owners along that right-of-way, some of which are willing to provide part of their land in exchange for the City eventually paving the roadway. However, some property owners are not willing to provide the City with a right-of-way in exchange for a paved road.

Jones said the next step is that CHW will need to create a legal description of the properties people are willing to donate to the project so that the property can eventually be conveyed to the City. The total acreage that needs to be obtained is 17.63 acres. Several of those properties have less than one acre they will be donating. He said the City could initially chip seal the road and eventually pave the road when funds are available to do so.

Local Business Impact

Commissioners approved Ordinance 2023-31 on second reading, which creates a local business impact estimate ordinance in compliance with Florida Statutes. If enacted on second reading, this ordinance will require municipalities to prepare business impact estimates prior to adopting ordinances that impact business owners.

This ordinance will become effective retroactively as of Oct. 1 of this year and is intended to make local government more transparent. It requires local government to prepare and publish impact statements on ordinances prior to their adoption. The law increases staff’s level of effort in preparing these impact statements, which may require outside consultants.

Approval of this ordinance enables the City to hire a consultant and to charge for the expense, if someone challenges an action.

The law also provides a procedure to challenge ordinances that are adopted by local government, while also setting challenge and waiting periods. This process is new and there has been no precedent set to guide municipalities at this time.

Other City Business

City Manager New declared Oct. 31, 2023 as Halloween in Newberry beginning at sunset. He also mentioned that City Hall would be closed on Thursday, Nov. 9, in honor of Veterans Day. In response to compliments about the new Welcome to Newberry sign, New indicated that landscaping would be coming soon.

Marlowe mentioned that Kathy Thomas was named Citizen of the Year during the Annual Awards Banquet held by the Newberry Chamber of Commerce.

The next Newberry City Commission meeting is scheduled for Monday, Nov. 13.

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Photo by MOXIE MEDIA

ALACHUA ‒ It was an exciting fall sports weekend for the City of Alachua's Recreation & Culture Department.  The local Santa Fe Raiders Babe Ruth Softball Organization hosted over 60 games at the Hal Brady Recreation Complex in Alachua. 

The Showcase drew high schoolers from Tennessee, Virgina, Alabama, Georgia, Louisiana and Florida. College coaches throughout the entire country reviewed hundreds of future prospects over the weekend. 

In other action, the Alachua Raiders Youth Football Organization hosted its Homecoming games at the Hal Brady Recreation Complex this past Saturday. Dozens of teams from the North Central Florida Region participated in exciting and competitive games.  

Recreation Director Damon Messina offered thanks to all volunteers, coaches and participants for a successful weekend.

Coming up this coming weekend, Alachua Raider Youth Football will host the first section of Tournament play at Legacy's Multipurpose Fields.  This will be the first time organized youth football games will be played at the City’s Legacy Fields. The public is invited to come out and watch future football stars show their talents while having a good time.

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WALDO – A 46-year-old Waldo man was arrested on Thursday, Oct. 19, at 9:15 a.m. and charged with four counts of burglary, four counts of grand theft and two counts of grand theft of a firearm after allegedly stealing thousands of dollars of items from at least four storage units.

Marc Aaron Overton was arrested by the Gainesville Police Department (GPD) after it was found that he and 44-year-old Joseph Frank Pappagallo were complicit in the thefts.

On the afternoon of Oct. 4, one of the victims was shopping at the Goodwill at 1223 N.W. 23^rd Avenue in Gainesville when he saw several pairs of “creeper” shoes that he recognized because he had customized them himself.

The shoes, with alterations of paint and attachments, had been in his storage unit at Personal Mini Storage, 8825 N.W. 13^th Street. The victim drove to his storage unit and found it had been cleared out. The stolen items reportedly included a KelTec Sub 2000 rifle, a Smith & Wesson M&P Sport II AR-15-style rifle, firearms parts and accessories, ammunition, vintage clothing including the shoes, and other items. The items were valued at approximately $7,000.

The victim returned the following morning and viewed the surveillance footage with the business manager. The footage showed that at 4:30 p.m. on the afternoon of Oct. 1, a dark colored Nissan Titan pickup truck entered the fenced compound of the storage facility.

The pickup truck was distinct in that it was lifted, it had oversized tires, had a dark toolbox in its bed and had a cable on its exterior, which ran from its center high mount stop lamp (third break light) down toward the tool box. After parking, two white males exited. The driver of the vehicle was the defendant. The passenger (the co-defendant) was a thin white male who was bald with a goatee and had a large number of distinct tattoos.

The men briefly entered a large metal building containing multiple interior storage units. Other customers were present and the men returned to the truck and attached a platform to the trailer hitch of the vehicle. At 7:21 p.m. they went back inside and made multiple trips to the truck, carrying various items, for the next two hours. The victim identified some of the items as his, and at one point, the men reportedly dropped a “creeper” shoe that the victim recognized. The men left at about 9:45 p.m., with a large amount of cargo in the truck and on a platform attached to the trailer hitch.

On Oct. 7, another tenant reported that her storage unit had been burglarized and that a large amount of computer equipment, a 55-inch television, luggage and other items had been stolen, with an estimated value of about $1,000.

On Oct. 9, another tenant reported that his storage unit had been burglarized and that he was missing a large amount of computer equipment and home goods valued at approximately $4,960.

On Oct. 10, a fourth tenant reported that his storage unit had been burglarized and that he was missing tools, a large tent and personal information. The value of the stolen items was approximately $1,000.

A GPD officer sent out a bulletin with the descriptions of the suspects and their truck. An Alachua County Sheriff’s Detective reportedly recognized one of the men as Pappagallo. The Detective said he believed the other man was Overton, who was known to be an acquaintance of Pappagallo.

The GPD officer drove to Overton’s home on Oct. 10 and saw the pickup truck on the property. The officer obtained a search warrant for Overton’s home, which was executed on Oct. 19. Overton was there at the time and was arrested. He was reportedly wearing the same shirt worn by the suspect in the surveillance video.

Property belonging to all of the victims was reportedly found during the search, including the AR-15-style rifle.

Post Miranda, Overton reportedly said he and Pappagallo went to the storage facility to get Pappagallo’s belongings, but once they were there, Pappagallo began burglarizing other storage units. Overton said he then joined him in stealing items.

Overton has two felony convictions and six misdemeanor convictions. Bail was set at $240,000 by Judge Thomas M. Jaworski on first appearance. Overton remains in the Alachua County Jail as of this writing.

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NEWBERRY ‒ Two City of Newberry firefighters have received promotions and were recognized at the Oct. 23 Newberry City Commission meeting for their work.

Newberry Fire Chief Michael Vogel was on hand at the meeting to announce the promotions and to offer comments about the firefighters’ duties. “Promoting team members is a fantastic way to show appreciation for their contributions and to encourage continuous growth within the department,” said Vogel.

Vogel described the process by which firefighters are trained and tested to determine the highest ranked person for available positions.

Vogel said that firefighter A.J. (Amby) Cason has been with the City for 19 years and grew up in Newberry. “He is 100 percent responsible for the fire truck,” said Vogel. “He also makes sure members of his crew are safe and get to and from calls in a safe manner.”

Lt. Justin Asbell has been with the City for 22 years, and Vogel said that previously he was a tree surgeon. “This is a highly responsible position with responsibility for his shift and his crew members,” said Vogel. “He must make quick decisions in life-threatening/life-altering situations.”

Both men were promoted on Aug. 28., but received special recognition and plaques honoring their achievements at the Oct. 23 commission meeting. They were applauded by the audience and Commissioners for their contributions to the safety of their crews and the citizens of Newberry.

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NEWBERRY ‒ Some three dozen Newberry property owners are being asked to donate property to the City of Newberry to bring a 2.6-mile segment of Southwest 30^th Avenue into compliance with the City’ Land Development Regulations (LDRs).

At the Oct. 23 Newberry City Commission meeting, Assistant City Manager/Public Works and Utilities Director Jamie Jones reported that a survey had been conducted on a 2.6-mile segment of Southwest 30^th Avenue between U.S. 27/41 and Southwest 202^nd Street. Although Jones earlier told the Commission that the road must be a minimum of 60 feet wide to pave it and transition it into a collector street, the City’s Land Development Regulations require that roads constructed on a section line must have a minimum of 80 feet of right of way.

Jones said the survey identifies 40 feet north/40 feet south of the section line, as well as the existing area maintained/used as a driving surface within this 80-ft. path. The existing area maintained/used as a driving surface is not centered on the section line consistently, and in some cases, the existing area maintained/used as a driving surface is totally north of the section line and in some cases, it is totally south of the section line.

The surveyor identified this on a map and also prepared a list of property owners and acreage necessary to establish a consistent 40-foot right-of-way both north and south of the section line.

Jones said there are 36 property owners along that right-of-way, some of which are willing to provide part of their land in exchange for the City eventually paving the roadway. However, some property owners are not willing to provide the City with a right-of-way in exchange for a paved road.

Jones said the next step is to create a legal description of the properties people are willing to donate to the project so that the property can eventually be conveyed to the City. The total property that needs to be obtained is 17.63 acres. Several of those properties have less than one acre they will be donating. Jones said the City could initially chip seal the road and eventually pave the road when funds are available to do so.

Barrington Replat

In other business, the Newberry City Commission unanimously approved a replat on agriculturally zones property known as Barrington subdivision. The replat was for 39.8 +/- acres of non-contiguous land located at the northwest corner of Southwest 15^th Avenue and Southwest 170^th Street. The Barrington plat was originally approved on June 27, 2022.

The replat of Lots 8 - 11 addresses changes in the interior access road which were the result of a review by the Suwannee River Water Management District. The lots remain relatively in the same area. Lot 11 is reduced to 1.995 acres, which is below the minimum required lot area of two acres. However, the difference in area proposed and required is minor and causes no negative impacts to property in the immediate area.

Lot 23, approximately 29 acres in area, is being subdivided to create two new lots for a total of 25 total lots within the Barrington subdivision. Resolution 2022-35 permits the division of Lot 23 up to two times. The proposed Lots 23 - 25 all meet the minimum area requirements established in the original resolution.

Although the replat was approved, the approval carried a condition. CHW is to work with the City Fire Chief and Planning Department to work out a satisfactory way for fire trucks to be turned around now that the circular drive, which was part of the original access road, has been modified.

Contract with ASO

The Commission also unanimously authorized City Manager Mike New to continue an agreement with Alachua County Sheriff Emery Gainey for enhanced law enforcement services to the City. The original contract with Sheriff Clovis Watson, Jr., expired when Watson resigned. New and Gainey agreed to continue the contract negotiated with Watson on June 14, 2021, until the original end date of Sept. 30, 2025.

Lease Agreement for Cell Service

The Commission unanimously authorized New to execute a lease agreement with Cellco Partnership (d/b/a Verizon Wireless) for cellular antenna array space on elevated water tower two, located at 24815 N.W. 16^th Avenue, Newberry Easton Sports Complex.

Assistant City Manager/Public Works and Utilities Director Jamie Jones said the agreement addresses items such as term, insurance, permitting, and maintenance. The yearly compensation for the use of the water tower for the antenna array is $33,000, with an annual increase of two percent every year for the term of the lease, which is for a five-year period with the possibility of lease extensions.

The installation of the antenna is expected to extend cell service to dead spots in the area while also diversifying the City’s revenue stream.

Local Business Impact

In other business, the Commission approved Ordinance 2023-31 on second reading, creating a local business impact estimate ordinance in compliance with Florida Statutes.

This ordinance will become effective retroactively as of Oct. 1 of this year and is intended to make local government more transparent. It requires local governments to prepare and publish impact statements on ordinances prior to their adoption.

The law also provides a procedure to challenge ordinances that are adopted by local government, while also setting challenge and waiting periods.

Other City Business

City Manager New declared Oct. 31, 2023 as Halloween in Newberry beginning at sunset. He also said that City Hall would be closed on Thursday, Nov. 9, in honor of Veterans Day.

Mayor Jordan Marlowe reported that Kathy Thomas was named Citizen of the Year during the Annual Awards Banquet held by the Newberry Chamber of Commerce.

The next Newberry City Commission meeting is scheduled for Monday, Nov. 13.

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