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ALACHUA COUNTY ‒ At the Aug. 17, 2021 Special Meeting, the Alachua County Commission decided to hold an Emergency Commission Meeting on Wednesday, Aug. 18, 2021, at 5 p.m. at the Alachua County Administration Building, 12 S.E. 1st Street, Gainesville.

The purpose of the meeting is to discuss the current spike in COVID-19 cases and hospitalizations and the possibility of reinstituting community masking requirements that follow the current CDC guidelines.

The Commission will take public comment in person or by calling 1-800-876-7516. Masks are required regardless of vaccination status. The public may view the meeting on Cox Channel 12, Facebook, and the County’s Video on Demand website.

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NEWBERRY ‒ The Newberry City Commission is scheduled to consider the proposed millage rate and tentative budget for Fiscal Year 2021-22 at 7 p.m., Sept. 13, at Newberry City Hall. Prior to that date, Commissioners must approve a preliminary Millage Rate and advise the County Property Appraiser of the rate set for inclusion in the TRIM notice, which is sent out by the Appraiser’s office in August.

The second public budget hearing to adopt the final millage rate and final budget is 7 p.m., Monday, Sept. 27, also at Newberry City Hall.

At the July 26 City Commission meeting, staff proposed setting the millage rate at the same rate as currently levied, which is 5.9999 mills. However, during the July 26 City Commission meeting, Commissioners approved Resolution 2021-27 setting the preliminary millage rate at 6.2807 mills, which is $6,2807 per $1,000 of assessed property within the City. “The rolled back rate is declared to be 5.5945mills,whichis $5.5945per $1,000.00 of assessedproperty,” said Assistant City Manager Dallas Lee.

“Proposed millage rates should be set at the highest rate the Board expects to adopt in September,” Lee said. The TRIM process allows for the City to adopt millage rates lower than that rate, but should they set it lower now and need to raise the millage rate later, the process becomes much more cumbersome. Therefore, municipalities generally set their millage rates higher than they expect will be needed to balance the budget.

A small scale amendment to the Future Land Use Map to change the Future Land Use classification from Low Density Residential (1 – 4 Dwelling Units/Acre to Medium Density Residential (less than or equal to 8 DU/Acre) was approved on second and final reading. The applicants, Herb and Jeanie Marlowe, own approximately 2.08 acres immediately north of Oak View Middle School, which currently has three single-family homes on the property located at 24916, 24928 and 24902 S.W. 4^th Avenue.

Newberry Planner Wendy Kinser-Maxwell said, “This provides a step down of intensity of land use from Commercial to the west and Residential to the east. In addition, it provides additional housing opportunities for housing near schools.”

This ordinance will go into effect 31 days after approval.

Annexations

Following approval of the small scale amendment, Herb and Jeanie Marlowe also received approval to rezone the same 2.08 acres listed to the RMF-1 (Residential Medium Density Zoning District).

A quasi-judicial public hearing was held on second reading of Ordinances 2021-27, a petition by Cynthia Cullen Hatton, aka Cynthia Cullen Saylor, owner, to voluntarily annex approximately 40.3 acres consisting of two adjacent tax parcels into the City. The application included tax parcels #01834-003-000 and #01834-006-000 each of which consists of approximately 20.15 acres. This property is located approximately .25 mile south of Northwest 46^th Avenue and a little less than a mile east of Northwest 298^th Street (county line).

Another quasi-judicial public hearing was held on second reading of Ordinance 2021-28. The petitioner, James L. Fleming, requested to annex tax parcel 04265-007-000, consisting of approximately 7.66 acres, into the City. This ordinance was also approved by Commissioners. This property is located approximately .32 mile east of Northwest 202^nd Street on the north side of West Newberry Road, just west of Pet Paradise.

A final quasi-judicial public hearing was heard on second reading and also received approval. Ordinance 2021-33 was presented by Planning and Economic Development Director Bryan Thomas to de-annex a parcel of land that the City has found is not substantially contiguous to the City’s boundary. Tax parcel 04152-001-000 consists of approximately 77.5 acres. “This ordinance is designed to resolve the conflict resolution process between Alachua County and the City of Newberry pertaining to this particular annexation.”

Law Enforcement Savings

The City of Newberry entered into an amended contract with the Alachua County Sheriff for law enforcement services in June. The amended contract resulted in a savings of $136,000 in the current year’s budget. The Commission opted to consider how the savings will be allocated during the budget process instead of considering them at the July 26 meeting.

Meeting Dates

City Manager Mike New announced several budget workshop dates, the first of which was initially scheduled for Tuesday, Aug. 3, but has now been rescheduled for Tuesday, Aug. 10, from 7 – 9 p.m. There will also be an Automatic Metering Infrastructure (AMI) Town Hall meeting this fall and a proposed Town Hall meeting to take place on a weeknight in October where citizens can learn about Florida Municipal Power Agency (FMPA) and the utility system.

In other matters, Mayor Marlowe thanked staff for working with the Florida Department of Transportation (FDOT) to move the crosswalk at the elementary school. He said the project was eight months in the making and that moving the traffic lights was the biggest part of the project.

He also mentioned two parades that are coming up. The first is the Welcome Home Vets parade, sponsored by the Newberry American Legion on Sept. 25 and a Homecoming Parade on Oct. 1.

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NEWBERRY ‒ The subject of fireworks led to a spirited discussion at the July 26 Newberry City Commission meeting. For residents attending the meeting, the issue was whether to allow them, permit them or eliminate them.

Finding that the City’s Code of Ordinances has conflicting provisions regarding the sale or use of fireworks within city limits, Fire Chief Ben Buckner asked for direction from the Commission as to how he should proceed when a request is made to conduct fireworks displays in Newberry. Horses and cattle knocking down fences in fear at the sound of the fireworks was a cause of concern by some Commissioners and citizens.

Commissioner Rick Coleman said he had to help corral cattle after they knocked down fences and stampeded following one fireworks display. Cheryl Coleman addressed Commissioners to say that her horses run wild with fear whenever fireworks are set off anywhere near them. The City Attorney told her that these shows had public liability insurance and would be responsible if any of her animals were hurt because of the fireworks show.

Robert Miles of Ram Pyrotechnics, Ocala, said he did private small venue fireworks shows. He asked that the City develop a permit process for people who want to hold fireworks displays. He said there are low noise fireworks that can be used, but they are limited. He added that Volusia County had a good policy on fireworks and described how that works.

Several residents spoke against fireworks, including Preston Ponse who said he was a horseman and that fireworks are dangerous to horses and he was against having fireworks. Alvin Langford also spoke against allowing fireworks, saying that fireworks shows cause them extra work, problems with his livestock, and someone else makes money at their expense.

Mayor Jordan Marlowe explained that the carnival and music show the Commission recently approved was a done deal, but that the City needed to come up with a way to handle future requests.

The City Attorney will be reviewing Volusia and Alachua County’s ordinances and the item was tabled. Marlowe said the item would be publicized so that the public could come and express their opinions.

City Manager Mike New said he would contact the people putting on the carnival and concert to see if it might be possible for them to use low noise fireworks in their display.

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NEWBERRY – Newberry City Commissioners unanimously approved an ordinance on first reading to adopt a Property Rights Element into the City’s Comprehensive Plan as required by a new state law that officially became effective July 1, 2021.

Based on the new state statute, the City was advised to immediately begin the large scale Comprehensive Plan amendment process to adopt a Property Rights Element under the state’s Expedited Review provision.

Due to this new statute, all other plan amendment applications that have not already been heard by the Planning and Zoning Board prior to July 1, as well as associated rezoning applications that are contingent upon approval of such plan amendments, are temporarily on hold.

Now that first reading of this ordinance has been approved by the City Commission, the ordinance will be immediately transmitted to the Florida Department of Economic Opportunity (DEO) for expedited state review.

Newberry planner Wendy Kinser-Maxwell provided a schedule of anticipated dates in the review and approval process. “DEO and other state agencies have a 30-day period for review,” Kinser-Maxwell said. Depending upon the state’s response date, the Commission may hear this ordinance on second reading and adoption at either their Sept. 9 or Sept. 27 meeting. Following enactment, plan amendment applications may proceed as usual.

County Solid Waste Services

Commissioners also approved an ordinance on first reading authorizing the continued levying of a Municipal Services Benefit Unit (MSBU) to provide solid waste services to the City. Director of Finance and Administration Dallas Lee said the rate for residential customers in fiscal year 2021-22 would remain the same as this year, which is $20.47.

The MSBU covers the costs included in the County’s landfill tipping fee for the County’s hazardous waste program, waste alternatives office and partial costs of the five county-wide rural collection centers, plus administration and billing costs associated with the assessment. This fee is collected along with other property taxes once a year by Alachua County.

Also discussed was the status of the County placing another rural collection center in the Newberry area. City Manager Mike New said the location being considered is not owned by the City. He said the City and County will be drawing up a Memorandum of Understanding and will also need to negotiate the acquisition of the land, which he hopes to have accomplished by the end of 2021. Another joint meeting will take place later in the week.

Development Fee Refunds Due

Planning and Economic Development Director Bryan Thomas presented information about three companies that had started businesses in Newberry that he believes qualify for a refund of commercial development fees, which were established by the Commission in 2019 to stimulate economic development in Newberry.

Resolution 2020-29 provided up to a maximum of $30,000 per project for refunds of development fees. The three primary criteria for qualification are the architectural design style, new job creation and new capital investment in the City.

Stonehouse Grill, a newly constructed restaurant in the Florida Vernacular style in the commercial plaza in Country Way at Newberry Town Center created approximately 45 full and part-time jobs and the capital investment in the project exceeds $2 million. The Stonehouse Grill project paid a total of $60,039 in development fees. Thomas said the maximum allowable refund would be $30,000.

Alpha Omega Training and Compliance (A.O.T.C.) facility is a newly-constructed industrial structure located in the Newberry Commerce Park. After review, City staff found that A.O.T.C. met two of the three criteria.

Although the A.O.T.C. facility is not designed in the Florida Vernacular style, they created approximately 13 full and part-time jobs. The capital investment in the project is approximately $1 million and they paid a total of $9,174 in development fees. “The maximum allowable refund would be $9,174,” Thomas said.

The Town Center Storage facility is a newly constructed office-retail center with several self- storage structures located at the southwest corner of State Road 45 and Southwest 15^th Avenue. Town Center Storage also meets two of the three criteria. This business created seven full and part-time jobs and made a capital investment in the project of approximately $1.2 million.

The Town Center Storage project paid a total of $10,539 in development fees. Thomas reports that the maximum allowable refund would be $10,270.

Program Funds available for refunds is $50,000 and the total of all three applicant reimbursements is $49,444. The Commission approved all three applications.

Following approval of the commercial development fees, Thomas asked Commissioners to approve Resolution 2021-18 to extend the same program into fiscal year 2021-22. Commissioners unanimously approved the resolution with the stipulation that applicants must apply within two years after receiving their Certificate of Occupancy.

Fire Protection

During the July 15 Commission meeting Fire Chief Ben Buckner explained the use of the Quint (quintuple) apparatus owned by the City and told Commissioners that the 22-year-old Quint was nearing the end of its useful life. He listed alternatives to replace, refurbish or purchase a new apparatus.

During the Aug. 9 meeting he again addressed the issue. Although the apparatus has been well maintained, it is fast approaching the end of its service life.

The National Fire Protection Association (NFPA) recommends front line apparatus more than 15 years old be placed in reserve status and those that are 20-25 years old be replaced. Some repair and replacement parts for Newberry’s Quint are becoming scarce, particularly for the aerial device.

Also during the July 15 meeting, Commissioners set a preliminary fire assessment rate for fiscal year 2021-22 at $195 for residential properties, hoping to be able to reduce the rate or set it at the previous year’s rate of $175. Buckner and Lee presented alternatives and the amount of increase over last year’s fire assessment rate that would be required to accommodate each alternative.

Refurbishing the current Quint would result in a $7.60 increase, while purchasing a new Quint apparatus and trading in or selling the current Quint would result in a $15 Fire Assessment increase. Purchasing a used Quint and trading in or selling the current Quint would result in a $12 increase and purchasing a used fire engine and trading in or selling the current Quint would result in a $7.60 Fire Assessment increase.

All options would still result in an increase in the Fire Assessment. After discussion, Commissioners opted for purchasing a new Quint, which would likely result in a Fire Assessment of $190, but would provide the highest quality of public safety and the best long-term alternative.

Buckner said that delivery of a new Quint would take 13 – 14 months, so it would not be available until 2023.

New cautioned that the final fire assessment rate had not yet been determined and to hold off on ordering a new Quint until such time as it has received Commission approval.

Board Vacancy

One agenda item was tabled to the Aug. 23 meeting. An influx of 12 applicants to fill one vacancy on the Planning and Zoning Board and Historic Architectural Review Board led to the mayor suggesting that Commissioners meet individually with applicants and get to know them before voting on a new board member. The appointee will serve the remainder of Bill Conrad’s current term, which expires on April 30, 2022. Conrad stepped down when he moved out of Newberry.

Applicants include Ron Barlow, Anthony Cousins, Travis Edmond, Jordan Fairfield, Joy Glanzer, Walter Hawkins, Joy D. Ingram, Donald Long, Margaret (Peggy) Loy, Kim Robbins, Janeice Marshall Smith and Lisa Tate.

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ALACHUA COUNTY ‒ One High Springs man died and his passenger was sent to the hospital with serious injuries after the motorcycle they were riding traveled off of the roadway and onto a center grass median, overturning multiple times. Florida Highway Patrol (FHP) was called to the scene of the crash on Friday, July 30 at 11:41 p.m.

According to the FHP, after hitting the median, the motorcycle came to a final rest on its right side facing east within the median. The driver was thrown from the motorcycle, coming into a final rest within the east boundary of State Road 26.

The driver, a 34-year-old High Springs man, was pronounced dead at the scene. His passenger, a 29-year-old female, also from High Springs, was sent to the hospital with serious injuries.

In Newberry, a second crash occurred late Monday night. An 18-year-old Bronson man died when the gray sport utility vehicle he was driving struck a tree that was blocking both the north and southbound lanes of Southwest State Road 45.

Florida Highway Patrol officers were called to Southwest State Road 45 and Southwest 215^th Terrace at 11:17 p.m., Aug. 2. The FHP’s report indicates that the driver was wearing a seatbelt at the time of the crash. He was pronounced deceased at the scene.

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