Newberry City Commission selects new City Clerk, finalizes Big Box Retail Ordinance
BY DAVID LIGHTMAN
NEWBERRY, Fla. – At the June 9 Regular Meeting, the Newberry City Commission recognized Oak View Middle School athletes, finalized the Big Box Retail Ordinance, updated Newberry’s Fireworks Ordinance, modified the appeals process in the Land Development Code, changed the Future Land Use designation for the CountryWay II development, created a special zoning category for the businesses at the AgTech Innovation Park, and decided to enter into contract negotiations with Randa Paul to replace retiring City Clerk Judy Rice.
Oak View Middle School athletes
The meeting began with a presentation recognizing Oak View Middle School athletes. Coaches from the girls softball and girls soccer teams spoke at the podium and commended the players for their hard work and excellent seasons.
Large Scale Retail Ordinance
The first item of business was the second reading of the Large Scale Retail (Big Box) Ordinance, an ongoing topic of discussion since March 2024. Director of Community Development Stacey Hectus said staff recommended adopting the ordinance on second reading; the first reading was approved on April 28. Hectus said the Large Scale Retail designation includes any stores 60,000 square feet or greater. Buffers will be required to provide visual barriers, and a maximum height of 42 feet will be allowed within the City’s overlay district.
Commissioner Mark Clark asked if any stores plan to apply once the ordinance is in effect, and Hectus answered that at least one store is planning to do so. Clark said, “It seems like they’re chomping at the bit to come.” Hectus replied, “They are.” Clark responded, “It’s still a hard pill to swallow for me.”
City Manager Jordan Marlowe clarified, “Passing the ordinance is not the same thing as passing the application… It allows them to come in front of you and pitch their case.”
With Vice Mayor Tony Mazon acting as Mayor in Tim Marden’s absence, Commissioner Donald Long made a motion to adopt the ordinance, and Commissioner Monty Farnsworth seconded the motion. It passed 5-0.
Fireworks ordinance update
The next item was the second reading of an update to Newberry’s Fireworks Ordinance. Hectus said staff recommended adopting the ordinance with the recommended changes. Hectus said Veterans Day, November 11, was added to the list of approved dates, along with December 31, January 1, and July 4. Sales periods will be extended from three weeks prior to the dates to one month prior, to give vendors more time. Lastly, Hectus said, they are including the language “Manufacture and sales will be prohibited in residential zoning districts but will be permitted in non-residential zoning districts and must abut the SR 26 or U.S. Highway 27/41 corridors.”
Farnsworth made a motion to adopt the ordinance, and Long seconded the motion. It passed 5-0.
Appeals to the Land Development Code
The third item was amending the Appeals section of the Land Development Code. City Attorney Scott Walker explained, “We had an automatic stay for revision if somebody appeals an item to the Board of Adjustment, and we kind of reversed that and said the stay can occur if it’s necessary, as granted by the Board of Adjustment. So you still have the ability to enter a stay if you so choose, but it is not an automatic stay.”
Hectus said the Planning and Zoning Board voted to recommend approval of the ordinance with one edit, “change the 400 ft. notice for mailing letters to 1,000 ft.” to make it easier to inform the public. She said changes made by staff included removing/updating all language related to “stay”; making the appeals process clearer; and a general update of antiquated language. Hectus said the second reading will take place on June 23.
Farnsworth made a motion to approve the ordinance, and Long seconded the motion. It passed 5-0.
CountryWay II
The next item was a Large-Scale Future Land Use Map Amendment from Mixed Use to Residential Low Density for a 159.43-acre parcel tentatively named CountryWay II. Hectus said the Planning and Zoning Board recommended approval, and the next step will be transmitting the proposed changes to the State Department of Commerce for their 45-day review. She said the property is located east of the CountryWay Town Center development, off SW 15th Avenue.
Professional Planner Margot Maurer of NV5 gave a presentation on the development, which is owned by NC Ranch developer Tripp Norfleet. She said the community will have a maximum of 500 dwelling units.
Farnsworth asked for an explanation of what Mixed Use means; Hectus said Mixed Use requires both residential and commercial uses, and since the developer only wants residential uses, they are requesting a change to the designation.
Commissioner Rick Coleman made a motion to approve the changes and transmit them to the State, and Long seconded the motion. It passed 5-0.
New Agricultural Technology Zoning District
The last regular item was the creation of an Agricultural Technology (AT) Zoning District. Hectus said it was the first reading of an ordinance that would create a new zoning category for the AgTech Innovation Park; the Planning and Zoning Board recommended approval, and the second reading will be on June 23.
Hectus discussed the principal uses and structures, such as agricultural uses, facilities, laboratories, business incubators and offices, a conference/event center, research and educational facilities, public utility service for the immediate vicinity, and technology/computer support facilities.
Hectus said prohibited uses include parked heavy equipment, the use of tires or plastics as a fuel source or as agricultural feed, and heavy industrial activity. Services like daycare facilities and gyms for employees could be added by special exceptions, Hectus said.
Long made a motion to approve the ordinance, and Clark seconded the motion. It passed 5-0.
City Clerk
City Clerk Judy Rice will be retiring at the end of September, and Commissioner Coleman has been advocating for hiring a replacement from within the current staff. At a recent special meeting, Commissioners decided to solicit applications from current staff members by sending out an internal email.
Rice said, “We had one internal candidate that applied… [Randa Paul, Executive Assistant to the City Manager.] The Mayor met with our applicant separately from the City Clerk’s office and met with me on the 29th… I responded to the Mayor and the City Commission with my findings or my opinion, which was very positive. She interviewed very well. I was pleased, and my recommendation was to appoint the applicant for the incoming City Clerk… I’ve had discussions with a few of you… I would like to open up the floor to discussion.”
Marlowe said, “The Mayor apologized for not being here tonight, but he has also passed along his endorsement.”
Coleman said he liked the applicant and “she has my full support.”
Farnsworth asked about how the contract will be negotiated. Marlowe said the Mayor could do it or the Commission could vote on it if they can arrive at an exact number.
Coleman said, “My number is 85 [$85,000].”
Farnsworth said, “I think we should start her at the low end [$70,000], and as she get her certifications, we can increase her salary based on that. I don’t think that someone with no experience should be starting at that rate.”
Marlowe reminded everyone that they can vote to have the Mayor negotiate the exact contract, and then they can vote to approve it.
Coleman suggested having City Manager Marlowe negotiate the contract instead of Mayor Marden. Marlowe said he and Mayor Marden can work on it together.
Rice pointed out that she was “voted in” but never had a contract. Marlowe said having a contract is probably a good thing for the employee and provides protections.
Clark made a motion to extend the job offer to the applicant and authorize the Mayor and City Manager to enter into contract negotiations. Coleman seconded the motion, and it passed 5-0.