MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JANUARY 4, 1993
The Gilchrist County Board of County Commissioners , in and for Gilchrist County, Florida, convened in a regular meeting on January 4, l993, at 8:30 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:
Fred Wilkerson, Chairman
V. C. Cannon
Sue B. Suggs
Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell, Kelly Johnson, and Denise Troyer, Deputy Clerks, Edgar Langford, Deputy Tax Collector, Wilma Mattucci, Librarian, Joel Glenn and Marty Stone, Department of Transportation, John Russell, Bell Volunteer Fire Department, Steve Youghn Wacasassa Volunteer Fire Department, Richard Perryman, Civil Defense Director, Sara Collis, Bob Matusik, county residents.
Minutes of the November 2nd, 6th, l7th, 23rd, and December lst meetings were unanimously approved upon a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.
Mr. Burt discussed with the Board proposed agreements with the School Board for the DARE Officer, and for the shared cost of the Deputy Tax Collector. The School Board has been paying 40% of the cost of Mr. Langford's position, with the Tax Collector's office paying 60%, however, the Board may need to re-evaluate these percentages. Mr. Burt recommends that the Board speak to Mr. Welch, before signing the agreement, however, he recommends that the Board approve the agreement regarding the DARE Officer. The cost of the DARE program has been shared by the School Board and the Sheriff's Office, whose budget is funded by the County Commission. A portion of the cost is funded by a grant from the Department of Community Affairs to the Board of County Commissioners. The Board unanimously approved the agreement with the School Board, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon.
Mr. Burt reminded Mr. Barron that copies of the resolutions approved December 7, l992, regarding the Uniform Method of Collections should be sent to the Department of Revenue, the Property Appraiser, and the Tax Collector, by January l0, l993.
Following discussion with the Tax Collector and Property Appraiser, the Board unanimously approved adding the charges for special assessments to the ad-valorem tax bills, along with providing information for exemption qualifications, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.
Mr. Burt stated that he has contacted the doctor's office regarding Mr. Earl Sanders' ability to perform regular job duties, and is expecting to hear something later in the week.
Mr. Burt reported that the Medical Center has agreed to provide medical care to the county inmates.
Mr. Barron presented a list of proposed holidays for the Board's consideration. According to the Board's personnel policy, each year the Board must establish holidays, along with the actual date of observance. The Board discussed January l8th, Martin Luther King Day, with Mr. Barron stating that he has been notified that the courts in the 8th judicial circuit have declared it a court holiday. He stated that his office may be closed. Commissioner Suggs stated that it is an observed holiday for state and federal employees, as well as for the employees of the Gilchrist County School Board. Commissioner Suggs made a motion to add Martin Luther King Day as a paid holiday for county employees, however, the motion died for a lack of a second. Following discussion, Commissioner Suggs made a motion to add April 9th, Good Friday as a paid holiday for county employees. This motion also died for lack of a second. Commissioner Bush made a motion to observe the following dates as paid holidays for county employees: May 3l, l993 for Memorial Day, July 5, l993 for Independence Day, September 6, l993 for Labor Day, November ll, l993 for Veteran's Day, November 25-26, l993 for Thanksgiving, December 23-24, l993 for Christmas, and December 3l, l993 for New Year's Day. The motion was seconded by Commissioner Sheffield, and carried by split votes as follows:
During the discussion of the county's bills for the month of December, it was brought to the Board's attention that Ms. Florence Johnson no longer resides in Gilchrist County. A motion was made by Commissioner Sheffield, seconded by Commissioner Cannon, to remove her name from the county's pension roll. The motion carried unanimously. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield to void the check issued to Florence Johnson. The motion carried unanimously. Mr. Burt stated that there may be funds available from the state to fund county pension rolls, and he would inquire and report his findings to the Board.
The Board reviewed the bills presented and following discussion, a motion was made by Commissioner Suggs, seconded by Commissioner Sheffield, to approve all bills except the invoice from Gerald Roberts for a used rock crusher. The motion carried unanimously. The Board, in a previous meeting, voted to buy the rock crusher from Mr. Roberts, however, they wish to speak to Mr. Roberts regarding the sale of his rock to the county. Mr. Roberts will be present today during the Road Department report, and the Board will act on this item after discussion with Mr. Roberts.
Mr. Barron presented and explained the budget transfers. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush to approve those transfers numbered 67-7l and 73-75. The motion carried unanimously. A copy of these budget transfer are attached hereto and made a permanent part of these minutes.
Mr. Barron presented copies of the maintenance cost for a full year, expended on the county buildings, for the Board's review. Mr. Barron explained that Mr. Perryman is currently changing all air conditioner filters on a schedule. The Board had asked for this information for consideration of a full time or part-time maintenance position. Following discussion, the Board agreed that the maintenance expenses are not high enough to justify the hiring of a maintenance position.
Mr. Barron stated that he had received clarification on the property items being recommended discarded by the Board, however, the property custodian has not yet completed the inventory for the year, and Mr. Barron requested the Board to wait until the inventory is complete, as other items may be found that need the Board's action.
Mr. Barron reported that the Board needs to appoint an alternate to the Transportation Disadvantaged Committee. Chairman Wilkerson asked the Board members to consider and perhaps make a recommendation to fill the vacancy, at the next Board meeting scheduled January l8, l993.
Mr. Barron stated that the Florida Association of Counties are sponsoring a one day seminar entitled, FAC Tax Policy Strategy to analyze the political and fiscal impact of the proposed state budget, to make tax reform recommendations, and to develop a strategy for FAC's lobbying efforts. Mr. Barron further stated that he has been invited to participate, and would like the Board's approval. The Board stated they would like for him to attend.
Mrs. Mattucci reported that the dead trees were cut down last Monday, however there is alot of debris left. The Board advised Mrs. Mattucci that the road department staff will clean the debris. According to Mrs. Mattucci, there is one oak tree that is interfering with the gutter on one end of the library, and her son is willing to cut the limb, providing the Board has no objections. The Board stated they had no problems with this arrangement. Mrs. Mattucci stated that 20 railroad ties were delivered and asked whether inmates could lay them, with the Board indicating this is possible. A total of 3056 books, and other reference materials were checked-out during the month of December, the second highest month of distribution.
Mr. Joel Glenn, Department of Transportation, spoke to the Board about the Department's plans to evaluate U.S. l9 in regards to preserving the capacity. He explained that I-75 and I-l0 took alot of traffic off U.S. l9, however, since I-75 in under construction, more people are utilizing U.S. l9. The Department plans to widen I-27 between Ocala and Chiefland, which would also make U.S. l9 more attractive. In addition, the Department has proposed to extend the turnpike from Wildwood to Lebanon Station. Approximately 4500 vehicles utilize U.S. l9 between Cross City and Perry each day, and approximately 9000 vehicles utilize U.S. l9 between Chiefland and Fanning Springs each day. Approximately 80% of U.S. l9 will not need to be changed, however the new construction will call for 660 ft. set-backs for new access points and traffic lights. Mr. Glenn stated that even though the only part of U.S. l9 in Gilchrist County is in the city limits of Fanning Springs, they wanted the Board to be aware of the proposed changes.
Mr. and Mrs. Arnao have requested the Board to review the findings of the Deputy Tax Collector in regards to their special assessments for EMS and Solid Waste Assessments. They have been assessed for one business and 4 dwellings, and they feel they should not have been assessed for one of the dwellings. Deputy Tax Collector, Edgar Langford, was present, and he stated that the travel trailer was hooked to electric and sewer services, and the first time he was at the Arnao's, a man was living in it. The second time he went to the Arnao's, the electric cord was unplugged, and the man living in the trailer reportedly was no longer there. Mr. Langford asked to enter the trailer to make a determination, however, he was told that the trailer was locked, and someone else had the keys. Following discussion, a motion to uphold Mr. Langford's assessments was made by Commissioner Suggs, seconded by Commissioner Bush, and unanimously approved.
The Board recessed their meeting at l0:55 a.m. to enter into the Emergency Medical Services Authority Meeting, and reconvened their regular meeting at ll:35 a.m.
Mr. Brittin reported that he had received notification that Gilchrist County is eligible for a grant totalling $l02,000, providing that the county match approximately $35,000. These funds could be used to establish a 9ll emergency response program. Mr. Brittin will study to determine the total cost of establishing this program, as well as the annual operation costs involved, and report back to the Board. Mr. Steve Youghn, Wacasassa Volunteer Fire Department Chief, stated that he is assisting with the establishment of a new fire department for the northeast section of the county. So far, they have l3 members, equipped with bunker equipment and pagers. The area needs a department in that section of the county because the response time is currently 25-30 minutes. Mr. Youghn also stated that the Wacasassa Volunteer Fire Department is interested in changing their name to the East Gilchrist County Volunteer Fire Department. Mr. Burt advised Mr. Youghn to get with him to discuss the requirements to change their name.
The Board recessed for lunch at l2:l5 p.m. and reconvened at l:l2 p.m.
Mr. Burt reported to the Board that one of the requirements for the county to participate in the SHIP program is to appoint a committee of 9 members. The members need to be involved in various businesses, as follows: one builder, one banker, one construction laborer, one realtor, one provider of affordable housing, one advocate for low-income families, and three members at large. Upon a motion from Commissioner Suggs, seconded by Commissioner Bush, the Board unanimously agreed to appoint Commissioner Sheffield to serve on the committee as an ex-officio member. Chairman Wilkerson requested Mr. Burt to advertise for persons interested in serving on this committee for possible discussion during the Board's January l8th meeting.
The Board previously adopted an ordinance allowing for the placement of a cable near the spring boil to prohibit boaters from entering the boil, which is also the main swimming area. During the December 7, l992 meeting, residents of the Sun Springs area asked the Board to consider placement of the cable near the mouth of the run, as many living along the run actually swim in the run and the boaters pose a safety hazard. The Board agreed to re-advertise the hearing and are today considering the placement of the cable near the mouth of the spring run. Following discussion, the Board's attorney, Mr. Burt, advised the Board that the county's liability may be too great if the cable is placed near the mouth of the run. The Board, upon Mr. Burt's advise determined to leave the cable where originally placed near the spring boil. A motion was made by Commissioner Suggs, seconded by Commissioner Cannon, to authorize the homeowners's association to install a sign stating, "Idle speed; minimum wake. Cable ahead". The motion carried unanimously. Following discussion, a motion was made by Commissioner Cannon, seconded by Commissioner Suggs, to have the county maintain this sign, if the homeowner's association agreed to purchase and install the sign. The motion carried unanimously.
Mr. Larry Hills appeared before the Board, upon their request to explain why this item has been scheduled for several meetings, and postponed each time. Mr. Hills stated that the land in question is owned by himself and Carolyn Osteen, whom he will meet with, along with her attorney, this week The total number of acreage involved in l4 l/2 acres, and they would like to re-plat it into 5 acre lots. He has had difficulties in meeting with Ms. Osteen, however, he is certain they should be ready by the next meeting. Commissioner Suggs made a motion to table this item until the February lst Board meeting, seconded by Commissioner Sheffield, and unanimously agreed.
Mr. Steve Youghn reported to the Board that his department, the Wacasassa Volunteer Fire Department, as well as the Fanning Springs Volunteer Fire Department are experiencing difficulty in receiving signals with their pagers. At a meeting of all the fire chiefs in the county, it was agreed that they are in support of the communications being moved to the new tower, purchased by the county. The Board advised Mr. Youghn that Mr. Brittin is working on a solution to the problems, and will consider this as well.
Commissioner Sheffield stated that he had received a letter from the Gilchrist County Development Authority regarding a vacancy, and request for appointment. Following discussion, a motion was made by Commissioner Sheffield, seconded by Commissioner Bush to appoint Ms. Bobbie Wray to fill the vacancy. The motion carried unanimously.
Mr. Barron advised the Board that the terms expire this month for the 3 appointed Park Board members. Following discussion, a motion was made by Commissioner Bush, seconded by Commissioner Suggs, to appoint William A. Smith, Jr., for a 3 year term, Eudell Parrish, for a 2 year term, and Earl Rogers for a one year term. The motion carried unanimously.
Following discussion by the Board, and those persons in attendance, the Board adopted an ordinance to impose impact fees on new construction/mobile homes at a rate of $400 for residential and $500 for commercial. These rates would apply to any dwelling/business that is not replacing a current dwelling/business. Commissioner Suggs stated that she is not in favor of adding any more expenses to new businesses than those already in existence, and that imposing this impact fee may discourage new businesses. Commissioner Bush stated that he had received many favorable comments regarding the proposed impact fees. A motion to adopt the ordinance was made by Commissioner Sheffield, seconded by Commissioner Bush, and approved by split vote as follows:
The ordinance will become effective once it is received and
acknowledged by the Secretary of State, and is as follows:
AN ORDINANCE OF THE COUNTY OF GILCHRIST, FLORIDA ESTABLISHING A SYSTEM OF ROAD IMPACT FEES TO BE IMPOSED ON NEW DEVELOPMENT TO INSURE THAT ROAD FACILITIES WILL BE ADEQUATE TO ACCOMMODATE THE LEVEL OF SERVICE PRESCRIBED IN THE GILCHRIST COMPREHENSIVE PLAN OR AS OTHERWISE REQUIRED TO MEET THE FUTURE NEEDS OF THE COUNTY AND TO ASSESS THE COSTS OF SUCH FACILITIES PRO RATA AGAINST NEW DEVELOPMENT IN PROPORTION TO THE NEEDS GENERATED BY SUCH DEVELOPMENT; RECITING FINDINGS AND INTENT; RECITING THE AUTHORITY OF GILCHRIST COUNTY TO ENACT A ROAD IMPACT FEE ORDINANCE; DEFINING THE TERMS USED IN THE ORDINANCE; SPECIFYING THE APPLICABILITY OF THE IMPACT FEE ORDINANCE; PROVIDING FOR THE CALCULATION OF THE IMPACT FEES; DESIGNATING A TIME OF PAYMENT; REGULATING THE COLLECTION AND EXPENDITURE OF THE FUNDS COLLECTED; CREATING TRUST FUND FOR THE MONIES COLLECTED; PROVIDING FOR REFUNDS; EXEMPTIONS AND CREDITS; PROVIDING FOR ANNUAL REVIEWS; PROVIDING FOR APPEALS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
GILCHRIST COUNTY, FLORIDA:
Section l. Short Title.
This ordinance shall be known as the Gilchrist County Impact Fee Ordinance.
Section 2. Findings
The Board of County Commissioners of Gilchrist County (hereinafter "Board") hereby finds and declares that:
A. The Gilchrist County Board of County Commissioners has determined and recognized that the growth rate the County will experience through the year 20l0 will necessitate a significant number of major road network improvements which make it necessary to regulate new land development activity generating traffic in order to increase the capacity of the County's road network system to maintain an acceptable level of service as determined on the basis of an average basis and at the level of service specified in the Gilchrist County Comprehensive Plan.
B. In order to finance these new capital improvements for the road network, to regulate traffic generation levels and ensure that accommodating that growth is economically feasible, several combined methods of financing will be necessary, one of which will require all new land development activity generating traffic to pay a fair share road impact fee which is consistent with Florida law.
C. Implementing such a regulatory and financing program is the responsibility of Gilchrist County pursuant to Section l63.3l6l et seq, Florida Statutes and Section l25.0l Florida Statutes and is in the best interest of the public's health , safety and welfare.
D. It is the purpose of this ordinance to establish a regulatory scheme to assist in providing for road improvements needed to serve new growth and development new growth. Pursuant to this ordinance, land development activity will be required to pay a fair share road improvement fee which shall not exceed a pro rata share of the reasonably anticipated costs of associated costs required by new growth.
Section 3. Definitions.
As applied in this ordinance, the following words and terms shall have the following meaning, unless another meaning is plainly intended:
(a) "Applicant" shall mean the property owner, or duly designated agent of the property owner, of land on which a building permit is requested and an impact fee is due pursuant to this Ordinance.
(b) "Building Permit" shall mean the permit required for new construction and additions pursuant to Ordinances of Gilchrist County.
(c) "Board" shall mean the Board of County Commissioners of Gilchrist County, Florida.
(d) "Capital Improvements Element" (CIE) shall mean the capital improvements chapter of the County Comprehensive Plan.
(e) "Certificate of Occupancy" shall mean a Certificate of Occupancy issued by the County Building Construction Department pursuant to the County Building Code, and if no Certificate of Occupancy is required for the construction or occupation of a structure then the term shall be deemed to include the building permit or other form of final County approval for the construction or occupancy of a structure.
(f) "Comprehensive Plan" shall mean those portions of the Gilchrist County Comprehensive Plan as required by Chapter l63, Part II, Florida Statutes.
(g) "County" shall mean the County of Gilchrist, Florida, a geographical area and a political subdivision of the State of Florida.
(h) "Dwelling Unit" shall mean a room or rooms connected together, constituting a separate, independent housekeeping entity, for owner occupancy or rental or lease on a daily, weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing sleeping and sanitary facilities and one kitchen. The term "dwelling unit", as used in this Ordinance, shall be deemed to include mobile home dwellings.
(i) "Governing Body" shall mean and refer to the Board of County Commissioners of Gilchrist County.
(j) "Governmental Use" shall mean and refer to the use of property exclusively for public purposes by, and which property is owned or leased by, any department or branch of any local government unit, state government or the federal government.
(k) "Impact Fee" shall mean a monetary exaction imposed on a pro rata basis in accordance with the demand for facilities created by the development of a principal use at the time of building permit issuance in order to assure the provision of facilities needed to serve the principal use at the established county level of service standards concurrent with the development of such use.
(l) "Mobile Home" shall mean a detached single-family dwelling unit with all the following characteristics:
l) designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
2) designed for transportation after fabrication on streets or highways on its own wheels; and
3) arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, locations on jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a mobile home.
(m) "Multi-Family Dwelling Unit" shall mean a structure containing two (2) or more dwelling units.
(n) "Principal Use" shall mean the carrying out of any building activity or the making of any material change in the use of a structure or land that requires the issuance of a Certificate of Occupancy and which generates traffic over and above the existing use of the structure or land, but excluding governmental uses.
(o) "Project Costs" shall mean amounts spent or authorized to be spent in connection with the acquisition of land, planning, legal, fiscal, economic, engineering and administrative services, and financing, construction, equipping and development of a facility project.
(p) "Single-Family Dwelling Unit" shall mean a structure containing only one (l) dwelling unit.
Section 4. Time and Amount of Payment.
A The person applying for the issuance of a building permit shall pay the road impact fee prior to the issuance of a building permit, or if no written permit is issued, then at the time of payment of the permit or inspection fee.
B. No building permit shall be issued by the County on any parcel to any person, who, while required by this ordinance to pay a road impact fee, has failed to pay such fee, while such fee, including any applicable interest and penalty, remains unpaid.
C. All fees due hereunder shall become a lien a the time such fee shall be due and shall remain a lien, co-equal with the lien of all state, district, county, and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien shall be upon the land upon which an improvement is made requiring the payment of fees and shall be for the amount of the fee required, as well as for all penalties and interest due under the provisions of this ordinance.
D. Fair Share Road Impact Fee Imposed.
Any person who shall initiate any new land development activity generating traffic, except those preparing a traffic impact analysis pursuant to subsection E of this section, shall pay, prior to the issuance of the building permit, a fair share transportation impact fee as established by the following schedule:
l) Single-family $400.00
2) Multi-family $400.00
3) Mobile Home $400.00
4) Each new commercial bldg. $500.00
E. Individual Assessment of Impact of Land Development Activity on the Major Road Network: The Traffic Impact Analysis:
(l) Any person who shall initiate any land development activity generating measurable traffic may choose to provide an individual assessment of the demand the proposed land development activity will place on the county's road network system in order to show that the capital expansion costs necessitated by the proposed land development activity are less than the fair share fee established in subsection D of this section.
(2) The individual assessment shall be undertaken through the submission of a traffic impact analysis which shall include the following information:
a. The projected trip generation rates for the proposed land development activity, on an average annual basis, and at a peak design hour basis. The trip generation rates for the same or similar land use types, or state or national trip generation rate information, if applicable.
b. The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length date compiled for average trip length for similar land use types. Trip distribution information shall be based upon the existing physical development activity, and projections of population and physical development consistent with the county's comprehensive plan.
c. The traffic assignment of trips generated by other approved land development activity in the area on the county's road network system.
d. An assessment of the capital expansion of the county's major road system necessitated by the proposed land development activity if it is to be maintained at level of service D on an average annual basis. Needed improvements shall be determined through the end of a twenty-year time horizon beginning with the year the project is "built-out" or completed. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the county's road network system necessitated by the proposed land development activity.
e. An assessment of the costs of providing the capital expansion necessitated by the proposed land development activity. The cost figures used shall be based upon recent empirical information of the costs in Gilchrist County for the construction of a lane mile, and shall include related right-of-way costs, and the planning, design and engineering costs for the necessary capital improvements.
f. As assessment of the projected tax revenues that will be derived from the proposed land development activity that can be reasonably determined to be available to pay for new capital improvements to the county's road network system over the planning horizon.
g. The amount of any shortfall between the projected tax revenues and the capital expansion costs for the road network system necessitated by the new land development activity. Any shortfall shall be considered the proposed fair share transportation fee.
(3) The traffic impact analysis shall be prepared by qualified professional in the field of transportation planning and engineering, impact analysis and economics, and shall be submitted to the county planning administrator.
(4) Within twenty (20) working days of receipt of a traffic impact analysis, the county planning administrator shall determine if it is complete. If the county planning administrator shall determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county planning administrator shall take no further action on the traffic impact analysis.
(5) When the county planning administrator determines the traffic impact analysis is complete, he shall review it within twenty (20) days, and shall approve the proposed fee if it is determined that the traffic information, traffic factors, and methodology used to determine the proposed fair share transportation fee are professionally acceptable and fairly assess the costs of capital improvements to the county's major road network that are necessitated by the proposed land development activity if the road network is to be maintained at the current level of service. If the county planning administrator determines the traffic information, traffic factors and methodology is unreasonable, the proposed fee shall be denied, and the developer shall pay the fair share transportation fee as established in subsection D of this section.
(6) Any person may appeal the county planning administrator's decision on a traffic impact analysis by filing a petition with the Gilchrist County Board of County Commissioners within thirty (30) days of a decision by the county planning administrator. In reviewing the county planning administrator's decision, the county commission shall use the standards established in this section.
Section 5. Interpretation of the Ordinance & Fee Schedule:
A. Interpretation of all provisions of this section, including whether a proposed land development activity is identified in one of the land use types in the fee schedule hereinabove established, shall be made by the County Planning Administrator.
B. Any person who shall initiate any land development activity not identified in the fee schedule established hereinabove shall submit an impact analysis to the County Planning Administrator for a determination of the fair share fee for the proposed land development activity as to the road impact fee. The impact analysis shall include the information as above set forth and shall be reviewed in accordance with the procedures as above set forth.
C. If the County Planning Administrator determines the information, factors and methodology used in the impact analysis is unreasonable, he shall establish a fair share fee for the proposed land development activity that is consistent with the cases of "Contractors and Builders Association of Pineallas County v. City of Dunedin", 329 So. 2nd l34 (Fla l976) and "Home Builders and Contractors Association of Palm Beach County v. The Board of County Commissioners of Palm Beach County", 446 So. 2nd l40 (Fla 4th DCA l983) rev.den., 45l So. 2d 848 (Fla l984) and the standards and criteria established in this ordinance.
D. Any person may appeal the County Planning Administrator's determination of the fair share fee on any impact analysis they submit by filing a petition with the Gilchrist County Board of County Commissioners within thirty (30) days of the decision by the County Planning Administrator. In reviewing the County Planning Administrator's decision, the Gilchrist County Board of County Commissioners shall use the standards established hereinabove.
Section 6. Administration of Impact Fees.
A. Collection of Impact Fee.
Impact fees calculated and imposed pursuant to this ordinance shall be collected by the Office of the County Planning Administrator upon issuance of a building permit or as otherwise required in this ordinance.
B. Transfer of Funds to Finance Department.
Impact fees shall be transferred from the collecting agency to the county finance department for placement in appropriate accounts, which have been established pursuant to subsection C (below).
C. Trust Fund Account Established.
(l) There is hereby established a separate trust fund account for the road impact fee.
(2) Funds withdrawn from the account must be used solely in accordance with the provisions of this ordinance.
(3) Any funds on deposit not immediately necessary for expenditures shall be invested in interest bearing accounts with the interest accruing to the benefit of the trust fund account for which established.
D. Use of Funds Collected.
(l) Road Impact Fee.
The funds collected by reason of the Gilchrist County Impact Fee Ordinance shall be used exclusively for the purpose of developing, complementing or improving road facility projects or financing directly or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the cost of road facility projects.
Section 7. Refunds.
A. Upon application of the current property owner, the County shall refund the portions of any impact fee which have been on deposit for more than six (6) years and which remain unexpended, unless the County makes findings:
(l) To identify the specific project for which the impact fee will be or was expended, and the year in which the project was or will be constructed and
(2) To demonstrate a "rational nexus" between the impact fee and the project with respect to the applicable principal use.
B. The current owner of the property must petition the County for the refund within one (l) year following the six (6) year period. The time for filing of a refund petition shall run from the date on which the impact fee was paid.
C. The petition must contain the following information:
(l) A notarized sworn statement that the petitioner is the current owner of the property;
(2) A copy of the dated receipt issued for payment of the impact fee;
(3) A certified copy of the latest recorded deed for the property; and
(4) A copy of the most recent ad valorem tax bill for the property.
D. Within one (l) month from the date of receipt of a petition for refund, the County shall advise the petitioner of the status of the refund request.
E. Refund shall be paid with interest at the rate of two percent (2%) per annum.
Section 8. Credits.
A. Any applicant subject to a road impact fee pursuant to this Ordinance who elects to construct all or a portion of a road improvement or a road facility project and who escrows money with the Governing Body for the full cost of construction of the road facility project, or road improvements shall be eligible for a credit for such contribution against the impact fee otherwise due upon submitting a petition for credit to the County Planning Administrator.
B. A credit shall be granted and the amount of the credit shall be determined by the County Administrator if it is determined that the project is in the Schedule of Improvements contained in the Capital Improvements Chapter of the Comprehensive Plan. The amount of the credit shall be based upon certified cost estimates submitted by the applicant and approved by the County Planning Administrator. In no event shall the credit exceed the amount of the otherwise applicable impact fee.
C. Within ten (l0) days after receipt of a petition, the County Planning Administrator shall forward the petition and supporting documentation to the County Transportation Department for review and recommendation. The County Planning Administrator shall approve or deny the petition and establish the amount of credit based on the standard in subsection B. within thirty (30) days following the filing of a petition.
D. If a petition is approved for credit by the County Planning Administrator, the applicant and the Governing Body shall enter into a Credit Agreement which shall provide for the timing of the action to be taken by the applicant and the obligations and responsibilities of the applicant, including, but not limited to the standards and requirements to be complied with, the obligations and responsibilities of the Governing Body include, but not limited to inspection of the project, and the amount of the credit. If the credit is less than the impact fee otherwise due, the applicant shall pay the impact fee less the credit at the time of building permit issuance.
Section 9. Interest; Penalty; Attorney Fees.
A. Interest at the rate set by law for judgments shall be due and all fees due hereunder from the time such fee was due. The inclusion in this ordinance of provisions concerning interest due shall be deemed to be cumulative of the county's rights already existing as a matter of law to prejudgment interest upon sums which are certain and due and payable at a specific time. Accordingly, the requirement for the payment of interest shall be deemed to apply retroactively to all fees which have previously become due under the terms of this ordinance and nothing herein shall be construed in derogation of such right otherwise existing at law.
B. There shall be due and payable to the County a penalty of five percent (5%) to a maximum of twenty-five (25%) of all fees unpaid at the time they were due according to the terms of this ordinance. Such penalty shall accrue monthly on the anniversary of the date when such fee should have been paid.
C. A violation of this ordinance shall be punishable according to law. In addition to or in lieu of any other remedy provided by law, the County shall also have the right to equitable or injunctive relief or such other legal or equitable remedy provided by law.
In any litigation commenced by the County to enforce the provisions or to enjoin a violation of this ordinance, the County shall be entitled to reasonable attorney's fees incurred in such litigation. For the purpose of this ordinance, a reasonable attorney's fee shall not be limited to the actual salary paid to an attorney employed by the County, but shall be computed in the manner otherwise applicable under law.
Section l0. Exemptions.
A. The following activities shall be exempted from payment of the impact fees imposed by this ordinance:
(l) Alterations or expansions of any existing building where no additional units are created.
(2) The replacement of a residential building or residential structure with a new residential building or residential structure on the same site.
(3) The construction of agricultural structures.
Section ll. Annual Review.
This ordinance shall be reviewed by the Board of County Commissioners annually during the month of January. The review shall consider recommendations on amendments, if appropriate, to this ordinance, purposed changes to the impact fee calculation methodology; proposed changes to the impact fee rates or schedules.
The County Planning Administrator, in preparing the annual, shall obtain and review the following information:
(l) A statement from the County Finance Department summarizing impact fees collected and disbursed during the preceding year.
(2) A statement from the County Transportation Department summarizing road facility projects initiated and completed during the preceding year.
(3) A statement from the County Building Department summarizing the building permits issued, by type of principal use, during the preceding year.
(4) A statement that the road facility projects or improvements constructed or capital improvements made with impact fee funds are consistent with the comprehensive plan.
Based on the annual report and such other factors as the Board deems relevant and appropriate, the Board may amend this ordinance.
However, nothing herein precludes the Board or limits its discretion to amend this ordinance as such other times as may be deemed necessary.
Section l2. Appeals.
After determination of the amount of the impact fee, the amount of the credit, or the amount of the refund due, an applicant for a building permit or a property owner may appeal such determination to the Board of County Commissioners. The applicant must file a Notice of Appeal with the Clerk of the Board within thirty (30) days following the determination of the amount of the impact fee, the amount of the credit or the amount of the refund due. If the Notice of Appeal is accompanied by a bond or other sufficient surety as determined by the Board in an amount equal to the impact fee as calculated herein, the collecting agency shall issue a building certificate. The filing of an appeal shall stay the issuance of the building permit unless such bond or other surety has been filed..
Section l3. Liberal Construction.
The provisions of this ordinance shall be liberally construed to effectively carry out its purpose and the interest of public health, safety, welfare, and convenience.
Section l4. Severability.
Should any sentence, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section l5. Effective Date.
This ordinance shall take effect immediately upon receipt of official acknowledgement from the Office of the Secretary of the State of Florida that this ordinance has been filed with said office.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Gilchrist County, Florida this 4th day of January, l993.
BOARD OF COUNTY COMMISSIONERS,
GILCHRIST COUNTY, FLORIDA
FRED W. WILKERSON, CHAIRMAN
JACKIE R. BARRON,
Mr. Barron reported that the Board approved by voter referendum to offer ad-valorem tax relief to new industries in November, l984. This will need to be discussed prior to l994.
The Board discussed the Deputy Tax Collector's position filled by Mr. Edgar Langford, in regards to an equitable portion of those expenses to be paid by the school board. Mr. Welch stated he felt the current 40% is an accurate rate, given the amount of time Mr. Langford spends doing mobile home tag inspections. A motion was made by Commissioner Suggs, seconded by Commissioner
Sheffield, to accept the contract proposed by the School Board. The motion carried unanimously.
The Board informed Mr. Harrison and Mr. Welch that they had approved adding the special assessment taxes to the ad-valorem tax bills for l993, and asked how this would impact their offices. Mr. Harrison responded that the Property Appraiser has no way of knowing, when making his inspections, whether the mobile home he's inspecting belongs to the property owner. Mr. Welch stated that whenever an individual comes into his office to purchase a mobile home tag, his staff asks whether they own the property that the mobile home is parked on. According to the new laws, an individual no longer has the option of purchasing a mobile home tag, or a RP (real property) tag. If the individual owns the mobile home and property, he must go to the Property Appraiser's office and purchase a RP tag, however, if he only owns the mobile home, he can purchase a mobile home tag from the Tax Collector.
Mr. Rehberg reported that the classes for water operator certification will not be available until next August.
Mr. Rehberg stated that the mobile recycling truck will begin picking up recyclables in the City of Trenton on January l5, l993. He will need to install a caution light, due to the amount of stopping. The Board advised Mr. Rehberg to purchase one. Mr. Rehberg stated that the truck Mr. Conner used has been parked and the radio was removed and placed inside the office.
Mr. Rehberg reported that Diane Avery, landfill employee, is interested in taking a course at Bell High, in the evening, entitled "Introduction to Computers". This class is being offered by Lake City Community College, and Ms. Avery is requesting that the Board reimburse her for the cost for registration and the class, a total of $l05. Commissioner Suggs made a motion, seconded by Commissioner Bush, to reimburse the fees related to this course, upon Ms. Avery's successful completion. The motion carried unanimously.
Mr. Rehberg reported that Eddie Holt, landfill employee, is still out on sick leave, however, his condition is not worker's comp-related, and he should be back soon. Mr. Rehberg stated that he, Chester, and Diane, are the only employees at the landfill that are currently working on Saturdays, on a rotation basis. Mr. Rehberg requests that the Board consider raising Chester's hourly rate to the same as Eddie's, since Chester is able to work the scales and office, in addition to running a route. Chester is currently at $6.05/hr, and Eddie is currently at $6.29/hr. Following discussion, a motion was made by Commissioner Sheffield, seconded by Commissioner Bush, to deny Mr. Rehberg's request for a salary increase for Chester. The motion carried unanimously.
Mr. Rehberg reported that the Building Department issued 36 permits for the month of December, and of that total, 25 were for mobile homes, most of which were new. The Board advised Mr. Rehberg of the impact fee ordinance adopted earlier in the day, and Mr. Rehberg stated that he would like to see the fee imposed on pole barns, as many times people pull a permit for a pole barn, and convert it into living quarters. The Board was receptive to Mr. Rehberg's suggestion, and stated they would discuss this further with their attorney.
Mr. Perryman reported that the water pump at the Southeast Community Center was in need of repair, and Ray's Well Drilling repaired it for $l50. Mr. Burt asked Mr. Perryman if he had reviewed the fire contract with the Town of Bell. Mr. Perryman stated that he had, and had forwarded it to an attorney in High Springs, who later called and requested a copy of the map, which indicates the area of service for Bell's Volunteer Fire Department. Mr. Perryman sent the map as requested, but has no further contact. Mr. Burt requested a copy of the map, with Mr. Perryman indicating that he could provide one.
Mr. Perryman stated that he is aware of the problems that Fanning Springs Volunteer Fire Department and the Wacasassa Volunteer Fire Department are having receiving signals, and at a meeting of all the fire chiefs, it was suggested that the fire dispatching be moved to the microwave tower north of Bell. The Board advised Mr. Perryman that David Brittin, EMS Director is working on a solution for the problem.
Mr. Gerald Roberts appeared before the Board to discuss the county purchasing and digging rock from his pit. According to the letter sent to Mr. Roberts from Mr. Joyner, the county purchased the rock crusher from Mr. Roberts, providing Mr. Roberts will sell his rock to the county for the same price the county is currently paying other pit owners. Mr. Roberts stated that he would sell rock to the county, if the county would dig underwater rock, or stop 2 feet above the water level. Commissioner Bush asked Mr. Roberts how much farther could the rock be excavated before reaching the water, with Mr. Roberts stating that it's currently about l5 feet above the water level. Mr. Barron stated that given the size of the pit, and the distance from the water level, the pit should yield approximately 32,266 yards of rock. Mr. Roberts stated that if the county would dig underwater rock, he would enlarge his pit. A discussion followed regarding the costs associated with digging underwater rock, with the larger cost factor being the shooting. Commissioner Sheffield stated that he is not willing to begin shooting and digging the pit, until he could study the cost of such an operation. It was stated that Mr. John Swilley does alot of shooting and digging for Levy County, and the Board requested Mr. Joyner to talk to him. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield, to dig and purchase rock from Mr. Roberts, down to 2 feet above the water level, at the current price of $4.00 per load, for two years. There followed discussion amongst the Board and members of the audience, and a vote on this item was never taken.
Mr. Joyner stated that he had evaluated the roads in the county and determined that the one's in need of centerline stripping are county roads 339, 34l, 340, and 232.
Mr. Joyner reported that he had received a call from Mr. Ray Thomas, requesting that the county allow him to run an irrigation pipe across a county road. The Board advised Mr. Joyner that they had to no problems with this request, as long as Mr. Thomas furnishes a culvert and properly installs it.
Commissioner Suggs entered into discussion with the Board and Mr. Joyner the problems she has encountered with the county's road number signs. Commissioner Suggs stated that the problems are varied in nature, from the signs not facing parallel to the streets being identified, some streets have been given two different numbers, avenues are running east and west and north and south, and the signs themselves are too short. The problems need to be corrected and the county may need to look at replacing the signs altogether with a different type of sign. Mr. Joyner agreed that corrective action needs to be taken, and suggests that the county look at sign's with the numbers printed across, rather than down. He stated that he would gather information regarding new signs, and report back to the Board during their January l8, l993 meeting.
Mr. Joyner questioned the Board on action they recently took, granting l0% raises to employees with 20 years of service, and an additional 5% raise to employees with 25 years of service. He has several employees that would be affected, and needs to know whether these raises are to be retroactive. The Board advised him that the raises are not retroactive, but should begin in December, l992, when the Board took action.
Commissioner Suggs discussed with the Board and Mr. Joyner the need for speed bumps, or strips at the intersections on some roads, particularly on roads entering State Road 26. Mr. Joyner stated he would do the Wacasassa road and county road 337 and let the board know how much time is involved.
Commissioner Suggs advised Mr. Joyner that rock is needed on the "Hitching Post road".
Mr. Joyner asked the Board who is responsible for trimming the intersections. According to Mr. Burt, the county can trim intersections of private roads, if they receive the property owners permission.
Commissioner Cannon advised the Board that Jimmy Sheppard is requesting the county to widen the graded road to his property so that he can get his heavy equipment down the road. He is willing to give the county a larger easement. Following discussion, the Board determined that to widen this road would not be cost effective at this time.
Chairman Wilkerson asked Mr. Joyner where he intended to start with the road widener, borrowed from Levy County. Commissioner Sheffield advised Mr. Joyner to start on county road 340. Mr. Joyner stated he would go wherever instructed, and Chairman Wilkerson responded that he should go to county road 34l. Mr. Joyner stated that he could possibly go to both, however, he does not know how long he can keep it.
Mr. Burt reported that Florida Power, during a title search on the property they purchased for the substation at Wilcox, they found reference to an old plat, and Mr. Burt has been unable to locate it. They want to know how the county feels about vacating this plat, since all of it falls within the property Florida Power is purchasing. Mr. Barron stated that he is aware of this and found that the property was platted in January, l926. It is recorded in the old transcribed records from Alachua County, however, it was never filed in Gilchrist County, possibly because Gilchrist County was established in January, l926.
Mr. Brittin advised the Board that the EMS and fire signals need to be located in the same tower, because they are both tied into the same back-up. He estimates the cost to the approximately $9800 to move both to the microwave tower. He will have more information for the Board at the January l8th meeting.
Mr. Barron reported to the Board that during a previous meeting, the Board discussed purchasing a tractor from the local Ford Tractor dealer, which is owned by Commissioner Bush, however, no formal action was ever taken. Commissioner Suggs then made a motion to purchase the tractor, as previously discussed, under the state contract price, to be delivered through the local dealer. The motion was seconded by Commissioner Cannon. Commissioner Sheffield and Chairman Wilkerson voted in favor of the motion, and Commissioner Bush abstained from voting, and filed a memorandum of voting conflict.
Mrs. Montie Lou Prime appeared before the Board to discuss unsatisfactory services provided by Southern Comfort, the company retained to provide transportation services. Chairman Wilkerson stated that he had received some complaints about Southern Comfort's services, as did Commissioners Cannon and Suggs. Chairman Wilkerson requested Mr. Barron to contact Coordinated Transportation Systems, who contracts for services with Southern Comfort, and ask them to appear at the February lst Board meeting.
The Board discussed the vacancy created by Ms. Bailey's retirement. The Board agreed that Ms. Richberg is capable of keeping the building clean, without assistance, however, someone would be needed whenever she was absent. If was suggested that since the school board's offices are cleaned by the county's personnel, perhaps the school board may be willing to supply someone whenever Ms. Richberg is absent. Mr. Barron stated that he would talk to the school board and report back.
The Board discussed the vacancy of the Solid Waste Supervisor. Unfortunately, the previous supervisor, Mr. Morris Conner, passed away last month, after a brief illness. The Board's personnel policy allows for in-house promotions, and currently Keith Rehberg is acting supervisor, on a 90 day basis. Mr. Rehberg has stated that he may be moving away from the area soon, however, he is willing to assist in filling this vacancy for up to 90 days. Ms. Diane Avery, who is also employed at the landfill, has expressed an interest in the position. Ms. Avery is responsible for the billing, grant preparation and reports, and the general operation of the office. The Board agreed that Mr. Rehberg is capable of running the outside operations and Ms. Avery is capable of operating the office. Mr. Rehberg has picked up more responsibilities, and the Board agreed to raise his hourly rate by l5% for the 90 day trial basis. Ms. Avery's workload has also increased, and therefore, a motion was made by Commissioner Suggs, seconded by Commissioner Bush, to raise Ms. Avery's hourly rate by l5% for a 90 trial basis, beginning l-l-93. The Board asked Mr. Joyner if he would make himself available to the landfill staff, since he has been involved with the closure process, and understood some of the operations of the landfill. The Board explained that Mr. Rehberg and Ms. Avery may need someone to turn to whenever they encounter problems. Mr. Joyner agreed to oversee both the Road Department and the Solid Waste Department on a 90 day trial basis. Commissioner Cannon made a motion to appoint Mr. Joyner to oversee and assist the Solid Waste Department for 90 days, seconded by Commissioner Bush, and unanimously approved.
Mr. David Martin appeared before the Board to ask permission to use the Osteen precinct for meetings of the Northeast Volunteer Fire Department, and would like a key to the building. The Board directed Mr. Martin to speak to Mr. Perryman, who has the keys to the building. Mr. Martin stated that the last time he was there, he noticed a leak in the roof. The Board requested Mr. Barron to contact Albert Martin in regards to repairing the roof.
Mr. Barron reported that Commissioner Suggs has registered to attend a the Land Use Planning in Florida Conference, sponsored by the Center for Local Government Administration at the University of North Florida, and the Northeast Florida League of Cities. In order to attend, reservations had to be made last week, and Mr. Barron is requesting that the Board approve Commissioner's Suggs attendance, if it is their pleasure. Commissioner Bush made a motion, seconded by Commissioner Sheffield to approve Commissioner Suggs attending the conference. The motion carried unanimously.
Mr. Barron stated that the Florida Association of Counties are sponsoring the County Commissioner's Education Program, in Tallahassee, from February 2-5th. Following discussion, the Board agreed to attend, instructing Mr. Barron to make the necessary reservations.
Mr. Burt requested that the Board reschedule their first meeting in March to the second Monday, as he will be involved in a trail all day on the first Monday of the month. The Board agreed that their first meeting in March will be the 8th.
Mr. Barron reported to the Board that his office disbursed $23,323.42, in fees and interest, for the months of October and November, to the Board of County Commissioners.
Mr. Barron presented a request from the Sheriff to increase his budget by $9600.48, which is the amount he returned to the Board at the close of FY 9l-92. Upon a motion from Commissioner Sheffield, seconded by Commissioner Suggs, the Board unanimously agreed to approve the budget amendment.
There being no further business to come before the Board, a motion was made by Commissioner Suggs, seconded by Commissioner Cannon, and unanimously agreed to adjourn the meeting at 6:l5 p.m.
FRED W. WILKERSON,
JACKIE R. BARRON,