Newberry City Commission purchases land and annexes 195 acres
BY DAVID LIGHTMAN
NEWBERRY, Fla. – At the August 11 regular meeting, the Newberry City Commission approved a budget amendment, acquired land for a stormwater basin and a roadway connector, annexed approximately 195 acres on second reading, and entered into a tolling agreement with a local mulch company. A CRA Board meeting was held, and a façade grant was awarded to a local Physicians Assistant.
Budget amendment
The meeting began with a quarterly budget amendment and update. Assistant City Manager Dallas Lee said the City is 75% through its annual budget, with one more quarter remaining before starting the new budget in October. Lee said, “All departments are under budget and on track where they should be, 75% through the year… We have a number of amendments for you today. All of these are actions the Commission has already taken, already seen. We’re just codifying those into your adopted budget.”
Lee said many of the changes are due to recent departmental reorganizations that took place in the previous few months. Other changes, he said, are due to extra funds received from residential impact fees, which were higher than anticipated. Champions Park renovations, utility development fees, and the purchase of the brush truck were other reasons for adjustments.
Commissioner Rick Coleman made a motion to approve the budget amendment, Commissioner Donald Long seconded the motion, and it passed 4-0. Commissioner Tony Mazon arrived late to the meeting and did not vote on this item.
Acquisition of 1.34 acres for a stormwater basin
The next item was land acquisition for a stormwater basin. Assistant City Manager for Development and Infrastructure Jamie Jones said the question was whether to purchase 1.34 acres of vacant land for $160,000. Jones said the property is located just north of NW 3rd Avenue near NW 265th Street, and it was identified as the best drainage location for that neighborhood; it was appraised at about $160,000. Jones said they hope for a closing date of October 10 or sooner, and the recommended action is to authorize the City Manager to execute the contract.
Commissioner Mark Clark made a motion to approve the land purchase, and Long seconded the motion. It passed 4-0, with Mazon not yet present. City Manager Jordan Marlowe thanked the family who owns the land for being so cooperative with the transfer.
Solid Waste MSBU assessment
Lee introduced the next item, the annual Alachua County Solid Waste Municipal Services Benefit Unit (MSBU). Lee said, “As you recall, the County assesses a solid waste assessment on all residents throughout the County. It helps to pay for rural collection centers, some of the landfill costs, some education costs, things that are not paid for, and their tipping fees, or fees they collect through your waste haulers. The assessment is $25 per year for a resident. So we are asking that the Commission rejoin [renew] the MSBU this year.” Lee said staff was also asking for approval to automatically renew the MSBU for future years as long as the fee does not increase by more than 10%.
Alachua County Waste Collection and Alternatives Manager Patrick Irby gave a short presentation and said the MSBU funds can only be used for waste collection and related expenses.
Clark made a motion to approve renewing the MSBU, along with the automatic renewal as stated, and Long seconded the motion. It passed 5-0, with Mazon present.
Voluntary annexation of 195 acres
The next item was a second reading of the voluntary annexation of 13 parcels into the City totaling approximately 195 acres. Two parcels, 1.84 acres and 4.99 acres owned by Davis and Padilla, were removed from the list of the original 15 parcels, totaling approximately 200 acres, that were approved for annexation at the first reading on July 28.
Chelsea Bakaitis of the Department of Community Development explained, “Two of them have been asked by the applicants to be removed.” She said staff recommended approving the remaining 13 ordinances to annex the respective properties.
All of the voluntary annexation ordinances were unanimously approved, one by one. Mayor Tim Marden said, “Welcome to Newberry.”
Land acquisition for roadway connector
Marlowe introduced the next item, land acquisition for a roadway connector between SW 15th Avenue and Newberry Road. Marlowe said, “We seem to have been thwarted at every turn. But tonight, I bring before you the opportunity to open up another connection besides 255th… That little red dot, that property owner has agreed to sell us that 60-foot segment there so that we can connect 254th to 253rd and open up another north-south flow. This also has the opportunity for us — there’s already a sewer easement, a sewer line there, but we have the opportunity to strengthen our water system, our water infrastructure system here, so we can kill two birds with one stone. So tonight I’m asking you to authorize the purchase price of $52,600 to increase our connectivity, ease that traffic flow.”
Clark made a motion to approve the land purchase, Mazon seconded the motion, and it passed unanimously.
Resolution to designate City Manager to approve plats and replats
City Attorney Scott Walker read the next item, a resolution designating the City Manager as the administrative official authorized to approve plats and replats, pursuant to new Florida legal requirements.
Director of Community Development Stacey Hectus explained that a new State law requires requests for plats and replats to be handled administratively by staff instead of as resolutions or ordinances, as had been the case, and this resolution gives that authority to the City Manager or his designee. Marden asked if this change is mandatory, and Hectus confirmed that it is.
Marlowe said, “The Commission still sets the standards for the plat. You guys still design the kinds of neighborhoods that you want to see. You guys set the policy. Staff is, at that point, then authorized to determine whether or not the application meets the standards that you guys have set.”
After some discussion, Mazon made a motion to accept the resolution, and Long seconded the motion. It passed unanimously.
Tolling agreement with mulch-production business
The last item was deciding whether to enter into a tolling agreement or “time out” with a mulch-production business involved in a lawsuit with the City, to avoid additional legal fees for both parties. Attorney Walker explained that the agreement will end on July 31, 2026. Clark made a motion to approve the agreement, and Long seconded the motion.
Marlowe said a judge had overruled the City’s stop work order and granted a temporary stay, and the business can continue bringing yard debris from different locations to their site for grinding to make mulch. He explained that the issue is that the debris is being brought in from different locations, which is in conflict with the City’s regulations and requires a business permit that the owner did not apply for.
Walker said the question is whether the operation is considered an agricultural activity, and that will eventually be decided by the Property Appraiser. Marlowe clarified that the City’s position is that they do need a permit until the Property Appraiser says otherwise.
During public comment on the motion, Mr. Hoffman raised concerns that other types of businesses might be considered agricultural when they should not be. He said, “I don’t know if any of you ever heard this machine before. It’s about 1,000 horsepower. It literally shakes the back of my house, and I’m 1,000 feet away from it.” Another neighbor spoke in opposition and said she is preparing petitions from other neighbors who could not attend.
The motion to enter into the tolling agreement passed unanimously.
Final comments
During final comments, residents expressed concerns about a recently-moved crosswalk near the elementary school and the choice of location of a new sidewalk installed near the school.
Coleman said he is very pleased with new City Manager Jordan Marlowe and new Mayor Tim Marden.
Flags stolen from the Veterans Memorial
Clark said, “Somebody had the audacity today — whether you’re young, old, I don’t care really who you are — to steal the flags from the Veterans Memorial. And I will say publicly that I think it’s the most disgraceful thing to steal from that park or to deface that park. And there is State laws out there about tearing up monuments and defacing the Veterans Memorial. So I will tell you this. I’m personally going to put a $1,000 reward to anybody that will come to me or the Sheriff’s Department to find them and convict them. I’ll personally put my own money up, but I want to know who they are because this has got to stop.”
CRA Board meeting
After a brief intermission, a CRA (Community Redevelopment Agency) Board meeting was held.
Chelsea Bakaitis said she is taking over the role of CRA Coordinator. She said the CRA is working on a City of Newberry mural with a $2,000 matching grant awarded by the Alachua County Board of Commissioners, the Florida Arts Council, the National Endowment for the Arts, Visit Gainesville, and ‘State of the Arts’ license plate sales. The artist is Jesus Martinez of Visionary Fam. A bench and mulch will be added once the mural is complete.
The first business item was a commercial façade grant application for Physicians Assistant David Pabst II, whose business is Pabst Personal Care. Bakaitis said the recommended action was to approve a grant for $9,093, or 75% of the total expense of $12,125 for improvements to the building at 25050 Newberry Road. Bakaitis showed slides of the worn-out-looking building. Suggested renovations included refurbishing the parking lot and handrails, pressure washing the concrete, painting the exterior, updating the signs, and installing landscaping.
Marden asked Pabst if his dad is Coach David Pabst who owns the local roofing company, and he said that was correct.
Long made a motion to approve the grant, and Coleman seconded the motion. Mazon said, “This is what Newberry likes. This is what Newberry wants. You got somebody that grew up here. His family’s here, and he decided to have a business here.” Clark said he and Coach Pabst were roommates in the Marine Corps for their first four years, and they deployed together in Hawaii. The motion passed unanimously.