MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD FEBRUARY 7, 2000.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, February 7, 2000, at 9:00 a.m., in the County Commissioners Meeting Room, located in the Gilchrist County Courthouse, 112 South Main Street, Trenton, Florida, with the following members present to-wit:
Randy Durden, Chairman
John Rance Thomas
Others in attendance were: Joseph W. Gilliam, Clerk of Circuit Court, Sam Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Karen Heaton, Deputy Clerk, Ron Mills, Lee Shaltenbrand, Warren Eminecker, Sam Ferguson, Director of Finance, Gary Martin, Sherree Pitzarell, Deputy Clerk, D.Ray Harrison, Property Appraiser, Gary Reeser, Jeff Jordan, Diane Avery, Brian Roaderick, BobCat of Ocala, Harold Dilley, Bobcat of Ocala, John Duncan, Ring Power Of Ocala, Mike Dougherty, Ring Rent Jax., Mike Kennedy, Nextran Truck Center, Sheriff Turner, Lt.Barry Lombard, Sheriff’s Office, Bud Riffle, Wayne Gothard, Gene Haers, Laurie Durrance, Travas Durrance, Frankie Durrance, Mitchell Gentry, Ted Burt, Greg McQuillan, Wayne Chaunce, W. D. McLeod, John McLeod, Theresa Gentry, Chief Harvey Montgomery, Gerald Roberts, Linda Walker, Nancy Jordan, Charissa Strickland, Dan Taylor Ed Bayer, Steve Pomeroy.
Joe Gilliam informed the Board that Dan Taylor would be coming before the Board with an update on the Veterans Memorial. Commissioner Suggs stated that an interview with two of the applicants for the Road Superintendent position would be included on the agenda at 2:45. Also added to the agenda were Lee Shaltenbrand and Ron Mills, with the Spring Ridge Volunteer Fire Department.
Commissioner Suggs made a motion to approve payment of the bills as submitted. The motion was seconded by Commissioner Wilkerson and unanimously approved.
Budget Entries 043 - 051 were unanimously approved following a motion by Commissioner Suggs, which was seconded Commissioner Wilkerson.
Commissioner Wilkerson made a motion to approve the minutes of the meetings held on December 6,1999 and January 3, 2000. The motion was seconded by Commissioner Suggs and unanimously approved.
The workshop for Special Assessment for Fire Services has been scheduled for the meeting of February 22, 2000, at 6:15 p.m.
Mr. Mutch stated that Kim Yozgat continues to work on the preparation of the Bond Estreature Policy for the Clerk.
Mr. Mutch reported to the Board that the Planning and Zoning Commission met on January 20th and will continue the hearing for setback requirements for fences and subdivision regulations at the Commissions February meeting.
Mr. Mutch has been informed that Mr. Youghn has continued to ride with the Waccasassa VFD. At the last Board meeting, the Board denied reinstatement of Mr. Youghn to this department. Commissioner Suggs has also received a phone call regarding this matter. The Board instructed Ron McQueen to notify Gary Martin to come in this afternoon.
Mr. Mutch informed the Board that he has responded to the Fowler lawsuit. In discussions with Duke Lang, he was told the position that Fowler is taking against Gilchrist County was in the terms of a friendly lawsuit.
In regards to the Ginnie Springs I case, Mr. Mutch will make a motion to dismiss the case for lack of prosecution. In this case, Ginnie Springs challenges the Board of Adjustment action to permit the Watson Dairy. The last filing in this case was made on October 5, 1998.
Mr. Mutch reported to the Board that he had been contacted by Ms. Deena Lemons with a complaint about the Senior Citizen center. A memorandum concerning this complaint was attached to the report submitted to the board. Commissioner Suggs will contact Ms. Lemons and the complaint will be referred to the Transportation Disadvantaged Board.
Mr. Mutch also prepared a memorandum regarding the issue of Mud-Bogging. The Board discussed the requirements for mud-bogging under the Land Development Regulations. According to the LDR’s, mud-bogging is not a permitted use or a use by special exception in an industrial district. Mr. Donald Durrance is scheduled to come before the Board this afternoon to request a special permit for a mud-bogging event he has already planned and advertised.
Animal Control Committee: The following names were submitted to the Board to serve on the Animal Control Committee:
Randy Durden Ron McQueen
Ginnie Cowsert Warren Eminecker
Sheriff David Turner Wes Asbell
Commissioner Suggs made a motion to approve these as the Animal Control Committee. The motion was seconded by Commissioner Wilkerson and unanimously approved.
Spring Ridge VFD:
Lee Shaltenbrand came before the Board for approval of a purchase order in the amount of $5,293.50 to Gulf Coast Supply and Manufacturing for the purchase of overhead doors. The department had received three bids for the doors and accepted the lowest bid. Commissioner Bush made a motion, seconded by Commissioner Thomas to approve the purchase order. The motion carried unanimously.
Mr. Gilliam reported to the Board that he, Sam Ferguson, and the county’s auditors (Davis & Monk) had met with CRS (Cost Recovery Systems). This company specializes in auditing telephone cost reimbursement for over billing errors and recommendations to reduce phone bills.
Their fees are based on 35% of cost recovered and 35% of savings strategy implemented over a 24 month period. They have reviewed a few of the County’s phone bills and indicated that there may be significant savings. Mr. Gilliam suggested that Sam Mutch review the contract. Commissioner Suggs made a motion to approve the contract, pending the referral of Sam Mutch. Commissioner Wilkerson seconded the motion. The vote of the Board was unanimous.
Mr. Gilliam has received a request from a FHP Trooper for the purchase of a radar unit. Mr. Gilliam stated that FHP writes 66% of the tickets in Gilchrist County. Of these tickets, the County receives $27.00 per ticket for Court Facilities and 56% of portion left after the State’s portion. After discussion, the Board requested that Mr. Gilliam obtain more information.
Mr. Gilliam referred the Board to a letter from the Eighth Judicial Court requesting the Board to approve two attorneys for the conflict attorney list. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to approve Cary S. Sellers and Ted Wilkins for the conflict attorney list. The motion carried unanimously.
Gary Martin, Assistant Chief of the Waccasassa VFD, came before the Board at their request. Mr. Mutch informed Mr. Martin that he and the Board had received phone calls regarding Mr. Youghn. It was reported that Mr. Youghn was riding with the Waccasassa VFD and has been at the fire house. One call received was from the grandmother of one of alleged victims in Mr. Youghn’s case. She threatened the County with a civil suit if the community was not assured that Mr. Youghn was not participating in Waccasassa VFD activities. Mr. Martin stated that Mr. Youghn is not running the calls or riding the trucks but he has been at the station. Mr. Martin contended that the station does not belong to the County but to the department. It was brought to the Boards attention that Mr. Youghn had been present for the training that was conducted at the fire house. The Board expressed concern that by his presence, it appears to the community that he is still associated with the fire department.
Mr. Martin questioned the authority that the Board of Commissioners have over the fire department. He stated that the Waccasassa VFD is incorporated and is not a county department. The Board does not have a lease agreement to maintain the building. Mr. Martin asked the Board to tell him what to do in this instance. Commissioner Thomas replied that Mr. Youghn should not be associated with the Fire Department in any way.
Mr. Mutch advised the Board to draft a statement to the Waccasassa VFD to preclude Steven Youghn from any activities involving the fire department and to inform Mr. Youghn that he is not permitted at the station or any of the meetings of the fire department. Commissioner Thomas moved to have the letter drafted to the Waccasassa VFD. The motion was seconded by Commissioner Bush and unanimously approved.
Mr. D. Ray Harrison presented the Board with a new zoning map. Mr. Harrison requested that the Board authorize this as the official zoning map. He explained that once the Property Appraisers office has this map declared the official zoning map, no changes would be made without action from the Board. The Board discussed the differences in the Future Land Use Map and the Zoning Map. The Property Appraiser’s Office will confer with Ron McQueen to verify the zoning map including all special exceptions that will be presented to the Planning and Zoning Board for approval. Once an official zoning map has been adopted, the Property Appraiser’s Office will maintain the map as changes are authorized by the Board.
Commissioners’s Committee Reports:
Commissioner Bush stated that he had attended the Florida Crown Workforce meeting and that all was going well. He also attended the last Fire Chief’s meeting.
Commissioner Thomas reported that he had met with Diane Avery and finalized the bid requirements for the equipment.
Commissioner Wilkerson mentioned that Marvin Weaver would come before the Board today in reference to establishing the Agriculture Committee. Commissioner Wilkerson also mentioned that he and Commissioner Suggs would like to change committees. He will serve on the Transportation Disadvantaged Committee and Commissioner Suggs would serve as representative for the Regional Planning Council.
The Board decided to reschedule the February 21 meeting to February 22 in consideration of “President’s Day.” This meeting will be at Bell City Hall. The Board also rescheduled the March 6 meeting to be held on Wednesday, March 1. Commissioner Suggs and Sam Mutch will be in Washington on March 6th.
Lee Shaltenbrand asked the Board about the fees the Spring Ridge VFD pay for the dumping at the landfill. The department finds that two or three times per year they must take items that have collected to the landfill. Mr. McQueen told the Board that all other departments of the county also pay for dumping. After discussion, the Board agreed that the department should pay these charges until other arrangements are made.
Commissioner Suggs distributed evaluation forms to the Board for the persons interviewed for the Road Superintendent position. The applicants interviewed were Wayne Gothard, Jimmie Sheffield, Bud Riffle, and Tommy Parrish. Each applicant was given a score according to an evaluation sheet used in the interview. The two highest scores were Wayne Gothard and Bud Riffle. Commissioner Suggs explained that after reviewing the scores and holding the interviews that the interview committee would like to recommend that Wayne Gothard be offered this position. She stated that Mr. Gothard has worked with the Road Department for 22 years and is knowledgeable about most aspects of the department. Nathan Martin stated that Mr. Gothard has been given the responsibility in the past for filling in for him as supervisor when necessary. Mr. Martin also believes that Mr. Gothard would work well with the crew. The Board discussed the probationary period and the goals to be set for this time period.
Agricultural Advisory Committee:
Marvin Weaver submitted the following list of names to serve on the Agricultural Advisory Committee.
Doug Crawford Agri Business
Craig Watson Dairy - Crops
Scott Tucker Tobacco, Peanuts, Watermelons - South End
Edwin Douglas Tobacco, Pasture - North End
Artie Powers Forestry
Jim Jones Row Crops, Cattle, Hay
Edwin Dukes Hay
Earl Jones Hay
Hugh Martin Watermelon
Larry Studstill Watermelon
Tommy Jones Watermelon
Don Bennick Dairy
Commissioner Bush made a motion, seconded by Commissioner Thomas, to approve the list of names to serve on this committee. The motion carried unanimously.
The Board recessed for lunch at 12:00 p.m. and reconvened at 1:30 p.m.
The Board discussed the county wide meeting that was held on January 31 by the Visioning Committee. The presentations were excellent and very informative but the attendance was poor. Mr. McQueen told the Board of the efforts the vision committee has put forth and the plans for the upcoming meetings.
EMA/County Coordinator Report:
Ron McQueen referred the Board to a letter received from Alan Shelby with the Florida Association of Counties. This letter is a request to the Board of Commissioners to adopt a resolution supporting Rural Infrastructure Funding. Following discussion by the Board, Commissioner Suggs made a motion to adopt Resolution 00-002A. Commissioner Wilkerson seconded the motion and the vote of the Board was unanimous.
RESOLUTION NO. 00-002A
A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING A LEGISLATIVE INITIATIVE TO PROVIDE A DEDICATED REVENUE SOURCE FOR THE RURAL INFRASTRUCTURE FUND CREATED BY SENATE BILL 1566 OF 1999.
Mr. McQueen distributed the Building Department Report for the month of January. There were 16 mobile home permits, 9 new construction permits and the impact fees for the County totaled $24,502.27.
Diane Avery presented the Board with the bids received for Loader.
Loader: Bobcat of Ocala $58,285.00
RingPower in Gainesville $64,702.00 Model 906
Highland Tractor Co. $66,369.00 304 Option 2
Highland Tractor Co. $68,600.00 344-H Option 1
Highland Tractor Co. $23,933.86 John Deere Option 3
Brian Roaderic from Bobcat of Ocala and John Duncan with Ring Power were present to discuss the equipment and the options they offered in warranties and financing. It was mentioned that Bobcat does not have a buy back program and that Ring Power has a guaranteed buy back.
Nextran Truck Center $80,060.00 Option 1 (Volvo)
Nextran Truck Center 82,264.00 Option 2 (Volvo)
Nextran Truck Center 88,101.17 Mack
Atlantic Truck Center 72,870.00 Freightliner
RDK Truck Sales 99,774.00 Sterling
RDK Truck Sales 90,477.00 Vovo
Recycling Trailer Bids
Dempster Ind. $13,105.00 Plus Freight
The Board reviewed all bids and specifications. Diane Avery told the Board that she has a Litter Control Grant for $11,000 that can be used toward the purchase of this equipment.
Mr. Mike Kennedy with Nextran Truck Center spoke to the Board regarding the roll-off trucks that were bid.
Commissioner Thomas made a motion to approve the purchase of the recycling trailer for $13,105 from Dempster Ind. using the $11,000 from the Litter Control Grant toward the price. The motion was seconded by Commissioner Wilkerson and unanimously approved.
The Board discussed the bids for the loader. It was suggested that the decision be postponed until further information could be obtained for financing. Commissioner Suggs made a motion to reject all bids for the loader and to rebid for a buy back option of three, four, and five years with the same specifications. The motion was seconded by Commissioner Wilkerson and unanimously approved.
The Board considered the bids submitted for the roll-off truck. Commissioner Thomas made a motion to accept the bid from Atlantic Truck Center for $72,870, subject to an extended warranty. Commissioner Wilkerson seconded the motion and the vote of the Board was unanimous.
Chairman Durden instructed the Finance Department to bid for financing of this truck.
Ms. Avery spoke to the Board about the upcoming Toxic Round Up on March 4. Commissioner Bush made a motion, seconded by Commissioner Suggs to advertise for the Toxic Roundup. The motion carried unanimously.
Jail Inspection Report:
Commissioner Durden stated that the Public Safety Council had met last week to discuss the Regional Peer Inspection Report for the Gilchrist County Jail. After reviewing the report and its findings, it was the committees recommendation to hire another female correctional officer.
Lt. Barry Lombard came before the Board regarding the Jail Inspection Report. The jail inspection took place on December 20, 1999. Lt. Lombard discussed the various deficiencies found by the inspection team. Of these were deficiencies in staff, at least one more female corrections officer is needed but two is needed considering the shifts, vacation time and sick time.
The Board discussed the findings of the report and the items that needed to be corrected. Commissioner Durden stated that about 95% of the problems on this inspection have been resolved. A female officer will be hired as soon as possible. A new position will have to be included in the budget for this department.
Commissioner Suggs asked the Clerk to find the monies to support a new position. This amount need for this position would be approximately $2,508 per month including benefits. Upon the recommendation of the Public Safety Council, Commissioner Thomas made a motion to amend the Sheriff’s Corrections budget to hire a female correctional officer at approximately $22,500. Commissioner Wilkerson seconded the motion and the vote of the Board was unanimous.
Nathan Martin reported that in approximately six months, work will begin to repave State Road 27.
World War II Veterans Memorial:
Dan Taylor spoke to the Board in regards to the World War II Veterans Monument that has been planned. This project was approved by the Board in the December. Mr. Taylor presented the Board with a letter of request from the Gilchrist County Patriots and with a drawing of the proposed monument. The following items were requested:
(1) Permission to locate the monument approximately 15' east of the flagpole on the south lawn of the Courthouse.
(2) Permission to place a sign at the aforementioned site for fund-raising and fostering the necessary community support. The sign will feature a sketch of the monument, a thermometer gauge of contributions, and a list of contributors that will be updated periodically.
(3) Permission to wire floodlights to an existing electrical circuit in the courthouse.
(4) Permission to organize a picnic on the grounds at the time of the dedication.
Mr. Taylor would also like the Boards approval to put a letter in the newspaper inviting others to be a part of this project.
Commissioner Suggs made a motion to donate $5,000 to the World War II Veterans Memorial. The motion was seconded by Commissioner Thomas and unanimously approved.
Road Superintendent Position:
Wayne Gothard and Bud Riffle came before the Board to interview for the Road Superintendent position. Commissioner Suggs explained to Mr. Gothard and Mr. Riffle that they were the top two applicants and that the Board had been provided with their applications and documentation of their interviews.
The Board interviewed both men, asking about their experience and specific questions relating to the crew of the road department, implementing plans and procedures. The Board discussed the need for setting goals and maintaining the equipment. It was also mentioned that record keeping would be a priority for this position.
Nathan Martin brought it to the Boards attention that the vendor that had been supplying the parts for the Hardee mowers is no longer in business. The Board, decided that since Commissioner Bush is the only vendor in the area the parts could be purchased from him. Mr. Mutch stated that any time they needed to authorize a purchase, Commissioner Bush would file a “Conflict of Interest”. He also stated that there would have to be a certification that his business is the sole source. Based on the attorney’s comment with regard to Commissioner Bush being our sole source vendor for parts for the Hardee mowers, Commissioner Suggs made a motion to get the Attorney Generals opinion in writing. Commissioner Wilkerson seconded the motion and the vote of the Board was unanimous.
The Board considered the qualities and abilities of each applicant. It was the consensus of the Board that both men were well qualified for the position. Commissioner Thomas made a motion, based on the recommendations and that there is a ninety day probation period, to hire Wayne Gothard with a salary of $24,000 annually and that should Mr. Gothard not satisfactorily meet the conditions of this probationary period, he would return to his former position. The motion was seconded by Commissioner Wilkerson and unanimously approved.
Mr. Gerald Roberts:
Mr. Gerald Roberts addressed the Board concerning the requirements under the 97 Standard Building Code for portable toilets. Mr. McQueen stated that Gilchrist County is not under the 97 Standard Building code but that the Board had adopted the 88 Standard Building Code. Mr. McQueen read rule #051 as follows: “ Portable toilets, holding tanks, or other toilet facilities shall be provided at construction sites for the duration of construction any time that workers are present and shall not be bound by the definition of temporary.”
According to Mr. Roberts, there are times when contractors will tell the Building Inspector that there are facilities on the construction site, but actually the facilities are not accessible to the construction workers. The Building Inspector is to verify that the facilities are accessible at the time inspection is made.
The Board discussed the issue and possible solutions to enforcing this rule under the Building Codes. Mr. McQueen stated that it should be the responsibility of the contractor to enforce this and not the Building Department. The Board suggested that a requirement be included on the building permits for the contractors to sign, stating that toilet facilities are provided, and that a notice is posted on site for the workers. Commissioner Suggs made a motion to approve this statement on the building permit as a policy. Commissioner Thomas seconded the motion and the vote of the Board was unanimous.
Public Hearing / Mud-Bogging:
Steve Pomeroy came before the Board representing Donald Durrance. Mr. Durrance would like to hold a Mud-Bogg on his property. According to Mr. Pomeroy, Mr. Durrance had inquired from the Planning and Zoning Department about holding this event and thought that he was in compliance with the zoning. He has already advertised for the mud-bogg to be this coming Saturday. Within the last few weeks he was made aware that he is not in compliance with the zoning and that he was not permitted to have the meet. He is requesting a temporary use permit from the Board to hold this meet.
Mr. McQueen told the Board that the property in question is zoned industrial. The only zoning the county has that would permit recreational use such as this event, would be zoned commercial intensive. Mr. Mutch stated that for such a permit, he would have to comply with the special events codes at anytime there would be more than 500 persons in attendance.
The Board asked Mr. Durrance for the details of the mud-bogg that he was planning. Mr. Durrrance told the Board that there would be a sign posted on the gate prohibiting alcohol that he would hire deputies to be present. These deputies would be on duty and their overtime would be paid by Mr. Durrance. He could not estimate the number of people who would attend.
Mr. Mutch informed Mr. Durrance that the ordinance requires that he apply two months prior for the temporary use permit. He would also go before the Planning and Zoning Board and it would have to be advertised as a public notice. The Planning and Zoning Board would then make a recommendation to the Board of Commissioners, which also has to be a publicly noticed meeting.
Mr. Mutch explained that Mr. Durrance would have to request a zoning change to permit this event on a regular basis as he is suggesting. The mud-bogging location would have to be made into a permanent facility. Mr. Mutch read the following portion of the Land Development Regulations pertaining to special use permits: “a temporary use permit must be for a specific time period at the end of which if the use permitted is not discontinued it shall be deemed a violation of the land development regulations.”
Commissioner Durden filed a “conflict of interest” and turned the meeting over to the Vice Chairman in this issue and left the room. Mr. Mutch and the Board discussed the options available to them in order to permit the mud-bogg. After reviewing the LDR’s, Mr. Mutch stated that the Board could in no way legally permit this mud-bogging event. Because of the time period involved, Mr. Durrance would not be able to obtain a temporary use permit. If Mr. Durrance were to have more than 500 people in attendance at the first event, all subsequent events would come under the Special Events Ordinance and would require 60 days notice.
Mr. Mutch suggested that if he wanted to hold the event in the future, he should request a rezoning to commercial intensive. He could also request a text amendment to the industrial district which would permit uses such as mud-bogging in the industrial district. Mr. Mutch advised the Board to deny this request but said they could allow this on a one time basis because it had been done in the past, then send the Planning and Zoning Board a request to review section 14-10.
Commissioner Suggs made a motion to allow this one time Temporary Special Use Permit for Saturday, February 12, from noon till dusk and request the Planning and Zoning Board to review section 14-10 regarding special use permits. The motion was seconded by Commissioner Bush and failed by a 2-2 vote.
Bush - Yes
Thomas - No
Wilkerson - No
Suggs - Yes
Commissioner Durden came back into the meeting and Commissioner Wilkerson turned the Chair back over to Commissioner Durden.
Public Hearing / Mitchell & Theresa Gentry / Road Closure
Mr. McQueen presented a petition the Board to close and vacate a public road. Mr. Gentry explained to the Board that this would not effect any other property owners. The notice of petition was advertised and there were no objections. Commissioner Thomas made a motion to close and vacate the public road. The motion was seconded by Commissioner Bush and unanimously approved.
Foot Hill Farms I & II
Ted Burt came before the Board representing Mr. W.D. McLeod and John McLeod. Mr. Burt stated that the preliminary plat for Foot Hill Farms I & II was submitted a few years ago and in October 1998, they had requested to extend the time. The developers have put in all of the roads. Mr. Burt understood that everything had already been submitted to the County. Ron McQueen told the Board that they do not have a record of any construction plans ever being approved by the Board or ever being submitted to the Board. Mr. Burt said that they were under the impression that the preliminary plat included the construction plans. Mr. Mutch stated that the construction plan procedure is after the preliminary plat is approved, the construction plan is then submitted and approved or at the time of preliminary plat but the issue here is that no construction plans were submitted at preliminary plat. If they are not, the subdivider submits twelve copies of the construction plans as specified. Those plans have to be reviewed by the various departments including the Suwanee River Water Management District.
Mr. Burt told the Board that they now want to have approval of the subdivision and that if they need to submit construction plans or anything else they will do so.
Mr. McQueen explained that the process of submitting a preliminary subdivision plan is for the purpose of completing the construction plan and having them approved the a final plat within two years time. Approximately one year after the original plan was submitted they requested an extension to February 3, 2000. Mr. McQueen stated that he had contacted the Planning Council and they advised him that the February 3 date is the date in which the whole process is to be completed. Mr. McQueen said he had received the set of construction plans last Thursday. The Board has not reviewed them or approved them.
Mr. Burt asked the Board to consider the fact that they were so close to completion in their decision to approve the subdivision. The developer assumed that the subdivision had to be completed and in the ground by the February 3 date. The developers were under the assumption that approval of the preliminary plans was approval.
Mr. Mutch referred to the LDR’s in 5.16.6 and read as follows:
“Approval of the preliminary plat shall not constitute approval of the final plat. Approval of the preliminary plat shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the final plat. Any change in the number and configuration of lots under the addition of a new street subsequent to the preliminary plat, approval shall require the subdivider to resubmit the preliminary plat and follow the procedures for approval of the preliminary plat. Approval of the preliminary plat shall be valid for a period of twenty four months but may be extended by a request from the Subdivider and approval by the Board of County Commissioners for a period not to exceed an additional twelve months provided that the request for extension is made prior to the expiration of the initial approval period. After the expiration date, the subdivider must resubmit the preliminary plat and follow the procedures for approval of the preliminary plat. A development order shall not be issued by the Board of County Commissioners prior to the review and approval of construction plans as provided by section 5.17 of these land development regulations”
Mr. Mutch referred the Board to 5.17.5 of the LDR’s stating that “Approval of the preliminary plat and construction plans by the Board of County Commissioners is authorization for the subdivider to proceed with site development and the installation of improvements in accordance with the approved construction plans subject to the approval of other agencies having authority”
Mr. Mutch advised Chairman Durden that this could be approved within 60 days. David McLeod addressed the Board. He stated that he had completed two other projects in the past and used local financial institutions. He also stated that there were circumstances that prevented them from moving ahead as planned.
Mr. Burt inquired about the paving requirements for this subdivision. Commissioner Durden replied that those requirements have not been passed yet. Commissioner Suggs stated that the Board has discretion to require paving when necessary. Commissioner Wilkerson didn’t think that it would be required in this case since they started before. He also said they he had not received a report from the road department yet on these roads so that it could not be determined yet if paving would be required.
Commissioner Thomas made a motion, seconded by Commissioner Bush that the McLeod’s resubmit the preliminary plat and construction plans for Foot Hill Farms I and Foot Hill Farms II. The motion carried unanimously.
Deer Meadows I & II
Ted Burt also came before the Board representing Steve McLeod for Deer Meadows I and Deer Meadows II. Mr. Burt stated that this plat had been presented to the Board in November 1999. The Board approved the preliminary plat with two requirements. The roads had to be paved and they had to be paved as a arterial roads.
Mr. Burt mentioned to the Board that when there was a change in impact fees, they gave a period of time for transition for those who applied prior to the date the impact fees were in effect. He is asking the Board consider the paving requirements also allowing for a transition time. Mr. McLeod had started the process prior to the Board initiating any action to require paved roads. Since this is a large subdivision, with large lots, he asking the Board reconsider on that preliminary plat and not require roads to be paved.
Commissioner Durden stated that it was because of the size of this subdivision and the other roads on the other side of CR 340 they had decided this subdivision would be required to have paved roads. Another factor in this decision was that this subdivision was right off of a major paved road.
Mr. Burt asked the Board to consider that the lots at Spring Ridge were substantially smaller than the lots in this subdivision. Commissioner Durden stated that the size of the lots did not have any thing to do with their decision.
Commissioner Thomas made a motion to deny the request to waive the paving requirement, Commissioner Suggs seconded the motion. The motion passed by a 3-2 vote as follows:
Mr. Burt also asked about the roads being paved as an arterial road. It was a collector road at 36 foot of pavement. Commissioner Thomas made a motion to amend the requirements on the paving of the subdivisions road to 20 foot of wearing surface and a minimum right of way of 60 feet. Commissioner Bush seconded the motion and the vote of the Board was unanimous.
Commissioner Durden made a recommendation to have a letter of reprimand filed in Gary Martin’s file for his actions today. Mr. Martin had made remarks to Commissioner Suggs in public today that were not appropriate. Commissioner Thomas made a motion, seconded by Commissioner Wilkerson, to place a letter of reprimand in Mr. Martin’s file for conduct unbecoming a county employee for insubordination against a County Commissioner. The vote of the Board was unanimous.
Linda Walker will also speak to Mr. Martin about his actions.
Ms. Walker gave each Commissioner a copy of the Emergency Medical Services Employee Handbook with amendments and changes. Commissioner Suggs moved to approve the handbook pending approval of the Labor Attorney. The motion was seconded by Commissioner Bush and unanimously approved.
Ms. Walker also presented the Board with account balances to be written off. The first list was those with bad addresses, bankruptcy, deceased, medicare, etc. These totaled $7,557.94. Commissioner Thomas made a motion to write off the account balance of $7,557.94. Commissioner Wilkerson seconded the motion and the vote of the Board was unanimous.
The next list were those accounts with incorrect addresses, these are bills have been returned because of insufficient addresses. They turn these over to NSB and get a portion of the bill that is recovered. Commissioner Suggs made a motion to approve these write offs of $6,952.55. Commissioner Thomas seconded the motion and the vote of the Board was unanimous
The final list were those accounts to be sent to the collection agency. These totaled $59,261.78.
Commissioner Suggs made a motion to write the $59,261.78 off and to send these accounts to be sent to the collection agency. Commissioner Thomas seconded the motion. The vote of the Board was unanimous.
Ms. Walker asked the Board about the Sheriff’s Office account that totaled $3,227.50. The Board authorized this amount to be written off at the January 3 meeting. The Board discussed the charges and the Sheriff’s budget. Mr. Mutch suggested that Ms. Walker confer with the Sheriff’s Office and find out which of the inmates charged to EMS were federal inmates.
Joe Gilliam gave the Board two invoices submitted by the Sheriff’s Office for inmates. These bills were from the Trenton Medical Center. The Board directed Mr. Gilliam to send these back to the Sheriff to be taken out of the Corrections budget.
Commissioner Suggs made a motion to rescind the decision to write off the EMS charges to the Sheriff’s Office and to continue to write off dry runs. The motion was seconded by Commissioner Thomas and unanimously approved.
Ms. Walker told the Board that she has three life pack 10 monitors that they traded in when they purchased the life pack 12 monitors. Ms. Walker is asking for permission from the Board to delete these from inventory list. Commissioner Suggs made a motion to approve her request.
Ms. Walker mentioned the 3 life pack monitors. Commissioner Suggs made a motion to approve her request. Commissioner Bush seconded the motion which passed unanimously.
Ron McQueen gave the Board a copy of the Survey of Identified Public Facility Needs and Related Projects Designed to Enhance Economic Development. The Board will have them completed returned by the mid month meeting.
Mr. McQueen presented the Board with a petition from Kenny and Olivia Corbin to vacate and close a public road. They are requesting permission from the Board to advertise to vacate a road.
Commissioner Bush made a motion to proceed with advertising to vacate this road. The motion was seconded by Commissioner Suggs and the vote of the Board was unanimous.
Mr. McQueen received a grant from DCA on Hazard Mitigation. This grant is for $3,500.00 for Hart Springs and an upgrade on the electrical. Commissioner Bush made a motion to approve and have the Chair sign it. The motion was seconded by Commissioner Thomas and the vote of the Board was unanimous.
There being no further business to discuss, Commissioner Bush made a motion to adjourn at 8:03 p.m. The motion was seconded by Commissioner Thomas and unanimously approved.
Joseph W. Gilliam