MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD April 3, 2000.

 

The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, April 3, 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                                        

Wilbur Bush

Sue Suggs

John Rance Thomas

 

(Commissioner Wilkerson was absent due to illness)

 

Others in attendance were: Joseph W. Gilliam, Clerk of Circuit Court, Sam Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Karen Heaton, Deputy Clerk, Jim Brantly, Florida County’s Association, Mary Kay Cariseo, Wayne Gothard, Rory Causseaux, John McLeod, Allen McLeod, Allen McLeod, Cloud Haley, Jay Moseley, Lisa Oakes, Laura Kleinman, H.M. Kleinman, Susan Bryant, Sheriff Turner, Chief Montgomery, Nathan Martin, Mike Ross, Mat Pearson, Donald Durrance.

 

Amendments to Agenda:

 

Joe Gilliam stated that Jim Brantly and Mary Kay Cariseo with the Florida Association of Counties were present to address the Board.

 

Commissioner Suggs informed the Board that Senator Mitchell will present Bill #414, Relating to Local Governments/State Group Health Insurance, to the Legislature today at 1:00.  This bill will allow counties with a population of 75,000 or less to be included in the State insurance pool.  This could produce a tremendous savings to small counties.  Senator Mitchell has requested that the Board transmit a letter to his office today in support of this Bill.

 

 

Bills, Budget Entries and Minutes:

 

Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the bills submitted by the Clerk.  The motion carried.

 

Motion by Commissioner Suggs, seconded by commissioner Bush, to approve the minutes for the meeting on March 1, 2000.  The motion carried.

 

Budget Entry #072: Motion by Commissioner Bush, seconded by Commissioner Suggs, to amend the Solid Waste Fund (434) by $45,453, by resolution, which represents a loan from Tri-County Bank for the purchase of a TMC Wheel Loader. The motion carried unanimously. A copy of Resolution 00-14 is on file in the Clerk’s office.

 

Budget Entry #073: Motion by Commissioner Suggs, seconded by Commissioner Thomas, to amend Solid Waste Fund (43) by $54,870, by resolution, which represents a loan from Capitol City Bank for the purchase of a Roll-off Truck.  The motion carried unanimously.  A copy of Resolution 00-13 is on file in the Clerk’s office.

 

Motion was made by Commissioner Suggs, seconded by Commissioner Thomas, to approve budget entries 066,067, 068, 070, 074 and 076.  The motion carried unanimously.

 

Florida Association of Counties:

 


Mary Kay Cariseo, with the Florida Association of Counties (FAC), addressed the Board regarding the Rural Counties Economic Development Grant.  The Florida Association of Counties has obtained funding through the U.S. Department of Housing and Urban Development to institute a two year pilot project aimed at building economic development capacity among Florida’s rural counties. The Grant was secured in November and Gilchrist County has been approved as one of the pilot projects.  Mr. Jim Brantly will be the County’s Economic Development Representative.  Ms. Cariseo commended the County for working with Dixie County and Levy County in using the regional approach. 

 

Jim Brantly also spoke to the Board concerning the project.  He will begin laying the foundation for meetings and planning. Ron McQueen will be the contact person for Gilchrist County.  Mr. Brantly recommends that the committees be appointed by the Board.

 

 

Bill #414, Relating to Local Governments/State Group Health Insurance:

 

Motion by Commissioner Suggs, seconded by Commissioner Thomas, to draft a letter of Support for Senate Bill #414  to Senator Mitchell.  The motion carried unanimously.

 

 

 

Attorney’s Report:   

 

 Mud-Bogging - At the last Planning and Zoning Board Meeting, that Board voted to deny the request by Mr. Durrance for a text change to permit recreational uses by “right” in the Industrial (I) District.  The Board recommends that if the Board of County Commissioners wishes to permit recreational uses in the “I” District, it should be done only by special exception.  The ordinance permitting recreational uses by special exception in the “I” District was advertised for a special meeting of the Planning & Zoning Board for March 30, 2000 and the April 3 and April 17, 2000 meeting of the BOCC.  Mr. Mutch submitted a proposed ordinance for review by the Board.

 


Hazardous Materials Cost Recovery Ordinance - Mr. Mutch has prepared an ordinance for hazardous materials cost recovery.  He has also written a letter to the city attorneys of Fanning Springs, Bell and Trenton to determine if those municipalities wish to be included in the provisions of this ordinance. The attorneys of Fanning Springs and Trenton have responded and will present the Ordinance before the City Commission meetings. Mr. Mutch recommends that the Board table the public hearing until April 17, 2000.

 

Contract Issues with NCFRPC - Mr. Charlie Justice, with the North Central Florida Regional Planning Council, has been made aware of the problems the County has had with the Planning Council and has requested to speak to the Board at the next meeting. The Regional Planning Council has been providing the BOCC with services without a contract since October 1, 1999.  The County has not been receiving assistance in as timely a manner as had been previously provided.  The Board agreed to schedule a time for Mr. Justice to address the issue.

 

Fowler v. Watson and Gilchrist County - In this case, Mr. Fowler claims that the County maintains the road with access to his property.  He wants to be allowed access by this road from the Watson’s.  Mediation in this case has been set.  The judge has ordered the county attorney as well as the attorneys for all parties to appear. Mr. Fowler wants the Court to either say that it is a public right-of-way or and “easement by necessity.” Mr. Mutch request direction from the Board in this case. The Board agreed that this road is not a County maintained road. 

 

Foothill Farms Phases I & II, Preliminary Plans - The Planning & Zoning Board found that the plats met the various design requirements of the LDR’s and met all concurrency requirements.  The Planning & Zoning Board recommends the approval of the preliminary plat subject to paving.  The Board discussed the need for paving the roads in this subdivision. 

 

Amendment to Subdivision Regulations - The advertisement for the ordinance amending the subdivision regulations to require paving in all subdivisions has been prepared.  This ordinance has been advertised for the April 3 and April 17, 2000 meetings of the BOCC. 

 


Policies and Procedures - Mr. Mutch suggested that the Board establish policies and procedures of the Board of County Commissioners in writing.  Mr. Mutch has prepared a draft for these procedures.  These are policies and procedures for road closings initiated by the BOCC, road closings initiated by citizens, and ordinances.  Mr. Mutch recommend that the Board establish the policies to be placed in a manual for the County staff.  The Board agreed to review the draft and place it on the agenda for the meeting on April 17th.

 

Ginnie Springs v. Gilchrist County - There will be a case management conference with Judge Giunta on April 12th, at 2:00 p.m. at the Gilchrist County Courthouse. This will be for Ginnie Springs case I.

 

Jail Issues - Joe Gilliam, Kim Yozgat, Ron McQueen and Sheriff Turner met this past Friday to discuss the jail issues.  Sheriff Turner submitted a report to the Board.  One of the issues concerned the amount of money being spent for Jail repairs. 

 

 

Clerk’s Report:

 

S.H.I.P. Loan - Mr. Gilliam requested that the Board increase the S.H.I.P. Loan for Mrs. Laverne Jones, in the amount of $287.00.  He explained that the loan in the amount of $22,500 had previously been approved. Part of the S.H.I.P. application was for a new roof on the house.  A bid was submitted by Mac Johnson to repair the roof.  The bid provided that this did not include any unforseen woodwork that might be required.  In the process of re-roofing, it was discovered that there had been wood damage.  The cost of repairs exceeded the bid by $287.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the additional $287.  The motion carried unanimously.

 

Tax Deed Sale/Transfer of Funds - On October 29, 1999, there was a Tax Deed Sale that had an over bid of $3,680.70.  According to the Rules of the State of Florida Department of Revenue Division of Ad Valorem Tax Manual, Chapter 12-3-12.38, Disbursement of Proceeds of Sale; the owner is to be notified by certified mail of the amount to claim.  Upon doing such, if there is no response after a 90 day waiting period, the excess funds are to be turned over to the Board of County Commissioners.  March 20, 2000 was the end of the 90 day waiting period, therefore these funds are to be transferred to the Commission as required by the State.

 

Quarterly Report - Mr. Gilliam submitted a quarterly report covering January - March 28, 2000.  The report indicates that the expenditures and encumbrances are at approximately 50% of budget. The revenues are at approximately 38% but Mr. Gilliam explained that this is expected at this time of year and it will increase. 

 

Invoice/Mills Engineering- Mr. Gilliam request approval from the Board to pay an invoice from Mills Engineering in the amount of $3,919.25. The invoice is for the survey, application for easement and the engineering to realign SW 35th Avenue.  The Board discussed this road and confirmed that this road will not be realigned as previously planned.  Motion by Commissioner Bush, seconded by Commissioner Suggs, to approve payment of the invoice in the amount of $3,919.25.  The motion carried unanimously.

 

Extension Office/Volunteer Appreciation Cookout - Mr. Gilliam received a purchase order from the County Extension Office in the amount of $300.  This purchase order was for a Volunteer Appreciation Cookout that was held on Friday.  Mr. Gilliam questioned the expenditure as an governmental expense. Motion by Commissioner Bush, seconded by Commissioner Thomas, to approve payment, and that in the future this item is to be brought up ahead of time.  The motion carried unanimously.

 

Disbursements to the Board from the Clerk - Mr. Gilliam submitted the Disbursement to the Board report.  The total amount remitted for the months of January and February 2000 was $35,788.10.

 


Governor’s Recommendation / 2.5% increase in salaries - Mr. Gilliam referred the Board to a letter received from the Department of Revenue to the Property Appraiser’s Office.  This letter included the Governor’s recommendation for a 2.5% increase in salaries for employees.  Mr. Gilliam suggested that the Board adopt this amount as a guideline for the upcoming Budget.  Motion by Commissioner Bush, seconded by Commissioner Suggs, to adopt the Governor’s recommendation of a  2.5% increase as a guideline.  The motion carried unanimously.

 

Judicial Complex - Mr. Gilliam has contacted Will Weathers in regards to planning for the financing of the Judicial Complex.  His fees would be based upon the County securing a loan for this project in the future. Mr. Weathers may be scheduled at a later time to come before the Board to discuss the options.

 

Waccasassa VFD - Mr. Gilliam informed the Board that several invoices have been received for purchases by the Waccasassa VFD.  The invoices have not been signed as required, for authorization of payment. This has been a recurring problem with this department. The Finance Department has received phone calls from the vendors asking for payment. Chairman Durden had requested that Mr. Gilliam and Mr. McQueen review these invoices and they have been brought up to date. Commissioner Durden suggested that Gary Martin be removed from these responsibilities.  Commissioner Suggs discussed the problems with attitudes in this department. Motion by Commissioner Bush, seconded by Commissioner Thomas, to suspend the Waccasassa VFD from writing purchase orders until this is resolved.  The motion carried unanimously.

 

 

Constitutional Officers:

 

Supervisor of Elections / Susan Bryant:

 

Susan Bryant came before the Board to discuss the need for storage space for her office.  The Constitutional Officers have been using the east portion of the second floor for storage.  With the upcoming renovations to the Courthouse, they will be required to move these items.  Mrs. Bryant explained that the elections equipment will need to be stored at a location near to the Courthouse.

 

Mrs. Bryant has made inquires about several empty buildings in the area.  The old post office is vacant and the lease would be $1,200 per month.  The other building Mrs. Bryant found available, is the vacant space next to ROTECH.  The space in this building usually rents for $500 per month, but the owner indicated that he would lease it to the County for $400 per month due to the fact that it was only storage space.  Joe Gilliam told the Board that he would attend the Trenton City Commission meeting to see if an arrangement could be worked out for the old post office.  The Board will consider it again after more information is obtained.

 

Mrs. Bryant also requested that the Board have the precinct buildings repainted and repaired.  She stated that some of them are in bad condition.  It was suggested that Lancaster Correctional Institution be contacted about using inmates for this work.  Ron McQueen will contact them to see if they can schedule this work for the County.

 

The North Gilchrist County VFD has requested that Mrs. Bryant use the fire department building for elections.  She stated that this would be a good location and this building has a phone.  Motion by Commissioner Suggs, seconded by Commissioner Thomas to approve this change of location for the voting precinct.  The motion carried unanimously.

 

Sheriff Turner:

 

Sheriff Turner announced that there will be a “Community Law Enforcement Appreciation Day,” held at the City Park on this Saturday from 11:00 a.m. to 3:00 p.m..  This event will be for  all of the law enforcement agencies who helped with the recent abduction case and for the community support. This has been advertised and will be a nonpolitical event. 

 

Sheriff Turner referred the Board to the letter he has submitted in regards to the issue of closing the jail.  In his letter he suggested three options for review.  These options are as follows:

 

1)                  Maintain status quo until Sheriff or BOCC receives funding for new jail      construction

2)                  BOCC negotiate contract with other entity

3)                  I, as Sheriff relinquish authority over jail to BOCC


In regards to option #1, Sheriff Turner suggested that the jail be brought into compliance with the Fire Marshall’s inspection report.  There are three items that will need to be corrected.

 

1)                  The vents in the cell area, as a smoke ejection system, are not operational.

These will have to be reinstalled.  Sheriff Turner will get an estimate.

2)                  Concrete slab out of the back door. It is required to have a concrete pad of the same height on the outside as it is on the inside.

3)                  Storage bins for the inmates, within the cells, must be metal.  Sheriff Turner will inquire into using the inmate funds for this item.

 

In regards to option #2, contracting with another entity, Sheriff Turner brought cost projections from Lt. Lombard, based on the current records. Sheriff Turner has contacted Sheriff Hatcher with Dixie County.  Sheriff Hatcher advised him that Gilchrist County would have to provide two correctional officers per shift and Gilchrist County would have to maintain a holding facility within the County. 

 

Sheriff Turner also mentioned that the State reviewed the legislation and changed the legislation to allow the regional jails.  They changed the statutes and took out the language that stated that each county was obligated to maintain a jail.  He stated that two Attorney General Opinion’s state that even though the language was changed, counties are still obligated to maintain a county facility.  Sheriff Turner suggested that along with the Public Safety Coordinating Council, these issues be worked out.  Based on the inspection reports, Sheriff Turner does not believe the issue of liability is such that the County would need to close the jail but something to be aware of and work toward correcting. 

 

Sheriff Turner recommended that the County continue to work towards the five year work plan and with minimal cost to avoid any liabilities, it would not be necessary to close the jail.  He feels that the Legislature may help the County with the Jail in the future. 

 

Joe Gilliam suggested that if the Board chooses to evaluate the cost of each option, it might be worth the cost to hire someone to look into it and give an objective estimate.  The Board discussed the cost of repairs that have been made.

 

Commissioner Suggs asked Sheriff Turner about the other revenues generated by the jail and why the Board is not provided with reports of these funds.  Sheriff Turner states that it is in the annual report every year.  These monies are spent according to statute for the benefit of the inmates.  As an example, a lawn mower, clothing, washer, dryer, and water softener were purchased with these monies. Sheriff Turner explained that they are under a $1,200 per month medical contract.  Sheriff Turner stated that if the prisoners were housed in another facility, the County would still have to provide all medical, prescriptions, and other incidentals.  Commissioner Durden asked the Sheriff to get a firm figure of the cost of repairs by the meeting on April 17.

 

The Board asked the Sheriff if he could provide a report of the Federal funds received and how they were spent.  Sheriff Turner will submit a copy to each Board member at the next meeting.

 

 

 

The Board adjourned for lunch at 12:10 p.m. and reconvened at 1:30 p.m.

 

 

Road Department Report:

 

Wayne Gothard provided the Board with a report for the Month of April.  Lee Mills indicated that he will be ready to bid for construction of CR 232 between SR 129 and SR 47.  The Board discussed the work being done on CR 340.

 

Commissioner Suggs commended Wayne Gothard for the job he has been doing.  She will submit an evaluation soon so that the Board may proceed with making this a permanent position.

 


Commissioner Suggs reported that there are two employees out with serious back problems.  Mr. Leman Wells, a part time employee, is filling in for one, and they have hired Tracy Philman as a part time employee.

 

Nathan Martin reported that 279 loads of rock were hauled from the pit this month.

 

To clarify the need for blowing the pit again, Mr. Martin said it is an opportune time because the water will not be this low again for a long time.  The water is 4 feet below the shelf.  They will get an estimate for the next Board meeting. 

 

Commissioner Suggs stated that the Road Department is still having problems getting parts for the Hardee Mower.  Sam Mutch will solicit the Attorney General’s Opinion on the County purchasing the parts needed for the Hardee Mower from Commissioner Bush’s business considering it is the sole source.

 

 

Mr. Martin reported that the Road Department hauled 14 loads of debris that was cleaned up from the Suwannee River Fair Grounds. 

 

The Board asked Mr. Martin about the road in the Fowler vs. Watson case.  Mr. Martin confirmed that this road was not maintained.  

 

Commissioner Suggs asked about the Foothill Farms roads.  Mr. Martin stated that the roads were built to standards but the materials are not quality.  Mr. Martin recommends that these roads should be paved. 

 

 The Priscilla Baptist Church has requested signs, “Slow, Church.”  The Board advised Mr. Martin to put the signs up.  The Board further advised him to do so for all churches that request them.

 

Motion by Commissioner Thomas, seconded by Commissioner Suggs, to recognize Commissioner Bush as sole source for parts for the Hardee Mower.  The motion carried unanimously.  (Form 4A is appended to the minutes)

 

 

Speed Limit Signs / NW 22nd Court:

 

The Board discussed the request for speed limit signs to be placed on NW 22nd Court and requested that the Road Department investigate.  This item will be placed on the Agenda for April 17th and considered after hearing the recommendation of the Road Department.

 

EMS Report:

 

Linda Walker submitted a financial report for the EMS Department. The totals for the month of March are as follows: Received - $33,226.83, Charges - $24,019.50, Adjustments (from write-offs) - $94,590.31.

 

Ms. Walker informed the Board that a unit has been placed at the Spring Ridge VFD for response while CR 340 is closed.  Dispatch has been notified to page out Spring Ridge.  If it is a cardiac call, Alachua County will be called. 

 

Ms. Walker stated that there will be a need to replace the AC unit in the station at Bell.  The current unit is a window unit.              The Board asked that she obtain an estimate for an outside unit.          

 

Solid Waste:

 

Diane Avery distributed a copy of the “Full Cost Accounting Study” to the Board.  This report is made annually by the Finance Department for D.E.P.   Based on the study, it is recommended that the tipping fees be increased. 


Mr. Gilliam explained that the cost collected does not cover the expense to haul to Alachua County.  According to the study, it cost $63 for each ton of garbage we dispose of.  After adding in the special assessment funds and the tipping fees collected the department is just above breaking even.  The Current charge is $44 per ton for household garbage and $45 per ton for construction material.

 

The Board discussed the increasing cost of hauling and the increased amount garbage brought to the landfill.  If the construction garbage and the household garbage is mixed, the County employees must first separate it before hauling to Alachua County.  Alachua County charges a handling fee of $190 for mixed loads.  Mr. Gilliam suggested that the Board hold a public hearing before making a decision.  The Board directed the Clerk to schedule a public hearing for the May 1, 2000 meeting at 5:00 p.m.

 

 

PPI Construction Manager:

 

Mr. Mike Ross was present to explain the bid submitted to Gilchrist County for Construction Manager of the new Judicial Complex and Courthouse renovations.  Mr. Ross gave the following proposal for the fees:

 

Pre-construction services fee                 1/2% of the cost of the project

Real Fee (Overhead/Profit)                      6%

General Conditions                                  8%

 

Three different formats have been submitted for Kim Yozgat to review.  The Board discussed the proposed contract and posed questions to Mr. Ross concerning the project.  Motion by Commissioner Thomas, seconded by Commissioner Bush, to approve the contract subject to the attorney’s review.  The motion carried unanimously.

 

 

World War II Veterans Memorial / Ground Breaking:

 

Mr. Dan Taylor conducted the ground breaking ceremony for the World War II Veterans Memorial.  The monument will be located on the South lawn of the Courthouse beside the flag pole.  Members of the Jamerson Sheffield Post #91 were present along with many other Veterans.  Mr. Taylor announced that the Dedication Ceremony will be held on May 29th at 11:00 a.m.  This date will also commemorate the 75th Anniversary of Gilchrist County.

 

 

Public Hearing / Foothills Farms Phases I & II:

 

Sam Mutch referred the Board to the recommendation from the Planning and Zoning Board.  On March 9, 2000, the Planning and Zoning Board reviewed the preliminary plat for Foothill Farms Phases I and II and found that the plats met all concurrency requirements.  The subdivisions as planned meet the intensity and density requirements of the Gilchrist County Comprehensive Plan for the parcels.  The subdivisions as planned meet the density requirements and the dimensional requirements found for this specific area in the Gilchrist County Land Development Regulations.  At this meeting, there was discussion as to whether or not the roads within the subdivision should be paved.  It was the general consensus of the Planning & Zoning Board that Section 5.19, Gilchrist County Land Development Regulations, permits the Board of County Commissioners to require the paving of roads within this subdivision.  The Planning & Zoning Board believes that the goals, objectives and policies of the Gilchrist County Comprehensive Plan require them to recommend to the Board of County Commissioners the roads within Foothill Farms, Unit 1 and Unit 2 Subdivisions be paved in order to decrease the cost to the public of maintaining public roads within the subdivisions.  The Planning & Zoning Board recommends the approval of the preliminary plat for Foothill Farms, Unit 1 and Unit 2 Subdivisions based upon conformance with the Gilchrist County Comprehensive Plan and the Gilchrist county Land Development Regulations. The Planning & Zoning Board also recommended that the Board of County Commissioners require the paving of all streets within the subdivisions in accordance with Section 5.19, Gilchrist County Land Development Regulations.


Mr. Rory Causseaux, with Causseaux and Ellison (Civil Engineers for the project), addressed the Board in regards to these subdivisions.  He gave a brief history of the process these preliminary plats have come through and request that the Board approve the plans as submitted without paving.  He also stated that the roads as planned were not designed to be paved. 

 

The Board reviewed the construction plans and preliminary plats.  Discussion followed in regards to the need for paving the roads within the subdivision. Commissioner Suggs, as Commissioner over Transportation, recommended that the paving of these roads be required. 

 

Commissioner Thomas asked Nathan Martin, Supervisor of the Road Department, about the results of his inspection of these roads.  Mr. Martin recommends paving the roads.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the preliminary plats of Foothills Farms I & II with the provisions they are paved in accordance with the wearing surface required in Article 5 in the LDRs as permitted by section 5.19 in the Gilchrist County Land Development Regulations.  Commissioner Durden opened the floor for discussion and comments.  The motion on the floor carried unanimously.

 

 

Davis & Monk / County Audit:

 

Allen Nash and Robert Beachamp addressed the Board concerning the County’s Audit report.  The audit has been completed and submitted to the Board. 

 

Mr. Nash explained that there were three findings.  Two (2) findings were previous year findings also.  One finding was in the Reserve Fund.  There should not have been over 5% in this fund.  Another finding was with the EMS Department. 

 

Sam Ferguson commended Cheryl Watson and Charlotte Burley on the work they did this year.

 

 

Public Hearing / LDR 99-5 Amendment for Setback Requirements:

 

(The Notice of Public Hearing for the first hearing appeared in the March 23, 2000 issue of the Gilchrist County Journal and Proof of Publication is on file in the Clerk’s Office)

 

Chairman Durden open the first of two public hearings.  (The second public hearing is scheduled for April 17, 2000 at Bell City Hall.)

 

Mr. Mutch stated that the Planning & Zoning Board has reviewed setback requirements for walls, fences and hedges and has recommended that the requirements be ten (10) feet from rights-of-way that are paved and five (5) feet from rights-of-way that are unpaved.

 

The Board reviewed and discussed the proposed ordinance.  Motion by Commissioner Thomas, second by Commissioner Bush, to approve Ordinance 00-06 on first reading by title only.  The motion carried unanimously.

                                       ORDINANCE 00-06

 

AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, AMENDING THE GILCHRIST COUNTY LAND DEVELOPMENT CODE SECTION 4.2 SUPPLEMENTARY DISTRICT REGULATIONS TO REQUIRE SPECIFIC SETBACKS FOR FENCES AND WALLS ON PRIVATE LANDS FROM RIGHTS-OF-WAY ON PUBLIC LAND; AMENDING SECTION 4.2.12 TO INCLUDE A NEW SUBSECTION SPECIFYING THE REQUIRED SETBACKS FOR WALLS AND FENCES FROM PUBLIC RIGHTS-OF-WAY AND RENUMBERING THE EXISTING SECTION 4.2.12; CONTAINING FINDINGS OF FACT; CONTAINING RECOMMENDATIONS FROM THE LOCAL PLANNING AGENCY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES;  PROVIDING INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR AN EFFECTIVE DATE.                 


 

 

Mr. Mutch explained the need to have two readings for such an ordinance.  Usually there is only one (1) reading for an ordinance.  According to Florida Statutes 125.66, ordinances that deal with land development regulations require two public hearings with at least one of those held after 5:00 p.m.

 

 

Gilchrist County Recreational Authority:

 

Mr. Cloud Haley came before the Board on behalf of the Gilchrist County Recreational Authority (GCRA).  The GCRA request that the Board of County Commissioners once again support the children in this program.  Last year the Board donated $3.00 per child to a certain amount. At the time there are 358 family members.  They are the largest organization in the County.  They are also starting an adult program this year but the request is only for the support of the children.

 

Mr. Haley further explained that the money donated would be strictly for upkeep.  Cutting the grass and field maintenance alone cost $5,300 this past year.  The cost per participant last year was $18,78 per child for t-ball, $27.38 for rookie ball, $38 for 9 and 10 year old, $46 for 11 and 12 year old, $78 for 13 year old, $83 for 14 and 15 year old.  They collect a $35 sign up fee with a $10 membership fee.  The monies spent from these fees are for umpires, field maintenance, uniforms, power bills, equipment, etc.  In Soccer and in Basketball, it pays for their equipment, in Baseball, it pays for their insurance and uniforms.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to donate $3.00 per child not to exceed $1,500.  The motion carried unanimously.

 

Grant Status Report / Summit :

 

Lisa Oakes and Jay Mosely submitted a Community and Economic Development Progress Report for Gilchrist County.  Ms. Oakes stated that she had provided Ron McQueen with the final designs and specifications for his review before advertising for bid.  The bid specs for the Neighborhood Revitalization Grant for Sun & Fun have been submitted to the Department of Community Affairs at 90% and have already been approved.

 

The following is a summary of the active CDBG projects:

 

Year     Scope of Activities                                Funding Proposed

1998    Hazard Mitigation Sun-N-Fun   $600,000

1998    SR26 Turn Lanes                                   375,000

1998    Hart Springs Mitigation               200,000

1999    Waters Lake                                            50,000

 

Joe Gilliam prepared a check to Summit for the Suwannee River Water Management permit fees.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve payment for these fees.  The motion carried unanimously.

 

Suwannee River Economic Council:

 

Mat Pearson, Transportation Director, presented the Board with a Grant Summary for the Suwannee River Economic Council.  They are requesting a donation from the county to offset the cost of fuel.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve $1,500 to come out of reserve to the Transportation Disadvantaged Program to offset the increased cost in fuel.  The motion carried unanimously.

 

 

 

 

 

 


Public Hearing / LDR 99-6 / Subdivision Regulations / Paving:

 

(The Notice of Public Hearing for the first hearing appeared in the March 23, 2000 issue of the Gilchrist County Journal and Proof of Publication is on file in the Clerk’s Office)

 

Chairman Durden open the first of two public hearings.  (The second public hearing is scheduled for April 17, 2000 at Bell City Hall.)

 

This Ordinance was heard by the Planning and Zoning Board on March 9, 2000.  The Planning and Zoning Board recommends approval by the Board of County Commissioners. 

 

Mr. Mutch reviewed the ordinance with modifications.  The modifications have given the BOCC the option to take any access road and require that the access road be paved from the subdivision to the nearest paved road.  The Zoning Board recommends that the BOCC keep the requirement of paving in minor subdivisions at the discretion of the Board.  The Board directed the County Attorney to modify 5.26.3.12 to read “may be required at the discretion of the Board” instead of “shall be required” and strike “The Board of County Commissioners may not waive this requirement” and add “The Board of County Commissioners may adopt policies implementing this section” Motion by Commissioner Suggs, seconded by Commissioner Thomas , to adopt Ordinance 00-07 with the recommended changes on first reading.  The motion carried unanimously.

                                                                ORDINANCE 00-07

 

AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, AMENDING THE GILCHRIST COUNTY LAND DEVELOPMENT CODE SECTION 5.26; CONTAINING FINDINGS OF FACT; CONTAINING RECOMMENDATIONS FROM THE LOCAL PLANNING AGENCY; AMENDING SECTION 5.26.2 ET SEQ GILCHRIST COUNTY LAND DEVELOPMENT CODE BY REQUIRING THE CONSTRUCTION AND PAVING OF ALL ROADS IN NEW SUBDIVISIONS PRESENTED FOR PLATTING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR AN EFFECTIVE DATE.                                 

 

 

Public Hearing / LDR-00-1 Amendment to permit recreational activities in Industrial District by right:

 

(The Notice of Public Hearing for the first hearing appeared in the March 16, 2000 issue of the Gilchrist County Journal and Proof of Publication is on file in the Clerk’s Office)

 

Commissioner Durden opened the first of two public hearings.  (The second public hearing is scheduled for April 17, 2000 at Bell City Hall.)

 

Mr. Mutch reported that the Planning & Zoning Board met on March 9, 2000 and was presented with the petition by Donald Durrance for a text change to the “I” Industrial District to permit certain recreational uses within the Industrial District.  The Planning and Zoning Board has recommended denial because it was not in compliance with the comprehensive plan.  The Gilchrist County Comprehensive Plan states that any non industrial uses in an Industrial District must be done by a special exception.  The Planning and Zoning Board upon recommending denial then instructed the staff to prepare an ordinance to permit recreational uses, including mud-bogging, by special exception with specific standards for development.  This would allow mud-bogging by right in the Industrial District in regards to the recommendations.

 

The Board directed questions to Sam Mutch in regards to the recommendations of the Zoning Board.  The Planning & Zoning Board recommends the second Ordinance which would amend the text to allow Mr. Durrance to apply for a special exception. Motion by Commissioner Thomas, seconded by Commissioner Suggs, to deny LDR 00-1 Amendment to permit recreational activities in the Industrial District by right. The motion carried unanimously.

 


Public Hearing / LDR 00-2 Text Amendment to allow recreational activities in the Industrial classification by special exception:

 

(The Notice of Public Hearing for the first hearing appeared in the March 16, 2000 issue of the Gilchrist County Journal and Proof of Publication is on file in the Clerk’s Office)

 

This is the first of two public hearings for LDR 00-2. (The second public hearing is scheduled for April 17, 2000 at Bell City Hall.)

 

Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve LDR Text Amendment 00-2 to allow recreational activities in an Industrial classification by Special Exception Ordinance 00-08 on first reading.  The motion carried unanimously.

 

                                                                ORDINANCE 00-08

 

AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA AMENDING SECTION 4.16.4 GILCHRIST COUNTY LAND DEVELOPMENT REGULATIONS, SPECIAL EXCEPTIONS IN THE INDUSTRIAL “I” DISTRICT, TO PERMIT BY SPECIAL EXCEPTION COMMERCIAL RECREATION FACILITIES SUCH AS DRIVE-IN THEATERS, GOLF DRIVING RANGES, MINIATURE GOLF COURSES, SKATING RINKS, MUD-BOGGING FACILITIES, SKATEBOARD ARENAS, GO-CART TRACKS AND SIMILAR USES; ADDING A NEW SECTION 4.16.12 GILCHRIST COUNTY LAND DEVELOPMENT REGULATIONS, SPECIFIC STANDARDS FOR DEVELOPMENT BY SPECIAL EXCEPTION, TO INCLUDE STANDARDS FOR DEVELOPMENT OF RECREATIONAL FACILITIES IN THE INDUSTRIAL “I” DISTRICT; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING DIRECTIONS TO THE CODIFIER; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.                                

 

 

 

Public Hearing / Hazardous Materials Cost Recovery Ordinance:

 

(The Notice of Public Hearing appeared in the March 16,and March 23, 2000 issues of the Gilchrist County Journal and Proof of Publication is on file in the Clerk’s Office.)

 

The County Attorney recommended tabling the public hearing until a response is obtained from all three municipalities in regards to this ordinance.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to table the Public Hearing until the April 17, 2000 meeting.  The motion carried unanimously.

 

 

EMA/County Coordinator Report:

 

Census Reported - A report was received on the Census reported as of March 27, 2000.  Mr. McQueen indicated on a County map the percentage of response in the County.  The North East section of Gilchrist County had the least response.  Mr. McQueen suggested that the Board do what they could to inform their districts of the need to send in the Census.

 

Request / Country Western Show - Mr. Frieze has requested information in regards holding a County Western Show on his property which is located on SR 26.  This would come under the Ordinance 99-07 relating to Festivals.   Mr. Frieze also wishes to sell alcohol at this event but is not permitted to do so under Ordinance 99-07.  Commissioner Suggs has also talked with Mr. Frieze and suggest that the BOCC pass a special exception allowing Mr. Frieze to sell alcohol at the concert.  She explained that Mr. Frieze intends to have everyone coming through the gate eligible or ineligible to buy alcohol thus giving him better control over those who drink.

 

 

 


Schedule of Fees / Festival Ordinance - Mr. McQueen reminded the Board that the fees have not been set for the Festival Ordinance.  It had been discussed at an earlier date to charge $10,000 for a festival permit.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to adopt a fee schedule for $10,000 or $1.00 per person, whichever is greater.  The motion carried unanimously.

 

The Board further discussed the sale of alcohol being permitted at the Country Western Show.  Commissioner Suggs explained that coolers would not be allowed through the gate Mr. Mutch stated that the current ordinance does not permit the sale of alcohol and would have to be amended to allow it.  Motion by Commissioner Suggs to instruct the County Attorney to investigate the ordinance to see if it needs to be amended and advertise the amendment so that it can be heard at the April 17th meeting. The motion failed for a lack of second.  Motion by Commissioner Bush to deny the sale of alcohol at this concert.  The motion failed for lack of second. (No action by the Board, the current ordinance does not allow the sale of alcohol.)

 

Building Department Report - Mr. McQueen submitted the Building Department Report for the month of March.  The report indicates a total of 53 permits issued.  There was one commercial impact fee from Aqua Penn in the amount of $59,451.

 

Hart Springs Project - Mr. McQueen explained that there are just over $500,000 worth of capitol  projects at Hart Springs as a result of the flooding.  Those projects have not proceeded because the County does not have land acquisition outside of the 100 year flood plain.  Water Management has made two appraisals and an offer to the property owners.  According to Jerry Scarborough with Suwannee River Water Management, the offer has been turned down.  Water Management is prohibited by law to offer them any more money.  Mr. Scarborough suggested that the County participate in the purchase of that property in order to obtain it.  If this property is not purchased, the County will have to find at least 20 acres out of the 100 year flood plain to proceed with these projects.

 

Mr. McQueen contacted DCA and delivered a letter to Joe Myers to request that these monies be used to purchase property. Mr. Myers is sending an engineer this Friday for an on site visit.  The County is under a mandate by DEP to either fix the water problem or shut down.  The money to fix the problem is in the DSR for FEMA funds.  The package treatment plant cannot be put in the 100 year flood plain.  Mr. McQueen will have more information at the mid-month meeting.

Defining a “Lot” - The County Attorney provided the Board with a memo concerning a question regarding large parcels of property.   Mr. McQueen explained the issues presented when someone wants to pull permits for a home that would make multiple dwellings on a parcel of land.   The LDR’s require a survey of the property or a legal description of the property so that it could be identified as a “lot”.  When families put multiple dwellings on property, that property may be sold at a later date and it would then be defined as a subdivision.

 

The Board directed the County Attorney and Ron McQueen to meet and make a recommendation on a policy.

 

 

New Business:

 

Radar Detector - Sam Ferguson informed the Board that the used radar detector from FHP was given back to him and he requested permission to give it to the Sheriff’s Office.  The Commission agreed that the radar detector should be given to the Sheriff.

 

 

Sheriff’s Deputy / Code Enforcement Board - Sam Mutch reported that it was brought to his attention that there is a Sheriff’s Deputy serving on the Code Enforcement Board.  Mr. Mutch stated that this is considered “duel” office holding and is not allowable.

 


Law Enforcement Appreciation Day - The Gilchrist County Law Enforcement Council has requested that the Board adopt a Proclamation to proclaim Saturday, April 8, 2000 as Gilchrist County Law Enforcement Appreciation Day.  There will be an event held at the park this Saturday in honor of the Law Enforcement and the citizens who supported the efforts during the recent abduction of a child in Gilchrist County.  Motion by Commissioner Bush, seconded by Commissioner Suggs, to adopt the Proclamation. The motion carried unanimously.

 

Church of Christ Building - The Board discussed purchasing the Church of Christ building adjacent to the Courthouse.  Purchase amounts were submitted to the Board as “A”, “B”, “C” and “D” to consider as an offer to purchase this building.  The appraised value of the property was $310,000 two years ago.  Motion by Commissioner Suggs, seconded by Commissioner Thomas,  to offer option “C” with “B” as a counter offer, contingent on financing for the Judicial Complex project. The motion carried unanimously.

 

The Board instructed the County Attorney to prepare a contract to offer to the Church.

 

Commissioner Suggs:

 

Gleaners - Commissioner Suggs, on behalf of the “Gleaners”, request use of the Cruise Precinct for storage.  Motion by Commissioner Bush, seconded by Commissioner Thomas, to approve the request.  The motion carried unanimously.

 

Rural Heritage Act - A bill introduced by Representative Joe Spratt and Senator Kirkpatrick.  This bill is to put funds into rural communities to do surveys and analysis on our rural needs.  Commissioner Suggs request a letter of support be written to Senator Kirkpatrick and Senator Spratt. The Board agreed.

 

Commissioner Bush:

 

American Legion - The American Legion post is constructing a building by the alternative school.  They are requesting that the Commission waive the permit fees for this building project.  Motion by Commissioner Suggs, seconded by Commissioner Thomas, to waive the permit fees and pay the impact fees out of contingency.  The motion carried unanimously.

 

Motion by Commissioner Suggs, seconded by Commissioner Thomas, to render assistance to the American Legion by grading and leveling the property for public use.  The motion carried unanimously.

 

There being no further business to come before the Board, Chairman Durden adjourned the meeting at 7:25 p.m.