MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD DECEMBER 4, 2000.

 

The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on December 4, 2000, at 1:30 p.m., in the Courtroom, located in the Gilchrist County Courthouse, 112 South Main Street, Trenton, Florida, with the following members present to-wit:

 

Randy Durden, Chair

John Rance Thomas

Sue B. Suggs

Wilbur Bush

Fred Wilkerson

 

 

(Commissioner Wilkerson arrived at 3:15 p.m.)

 

Others present: Joseph W. Gilliam, Clerk of Court, Sam Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Karen Heaton, Deputy Clerk, Wayne Gothard, Nathan Martin, Allen Luzader, Carl Rehberg, Diane Avery, Scott Gattshall, Ray Fitzgerald, Rodney McManus, I.S.K. Reeves V, Mitchell Gentry, Lawson Vest, Aline Kazokas, Charissa Strickland, William Royster, Gene Parrish, Don Wood, Eddie Futral, Cindy Futral, Linda Walker, J.P. Lorie, Bill Clark, Rick Dolan, Ben Beechum, Chief Harvey Montgomery.

 

Call to Order:

 

Chairman Durden called the meeting to order at 1:40 p.m.

 

Agenda Changes:

 

Additions:         – Civil Air Patrol @ 2:30 p.m.

– Mitchell Gentry, Gilchrist County Visioning Committee

– Resolution #00-86, re: Candidacy of Commissioner Suggs for Second

   Vice-President for the Florida Association of Counties

– Resolution #00-87, Gilchrist County’s 75th Anniversary         

 

Consent Agenda:

 

a.  Budget Entries BE-194,1-014, 1-015, 1-016, 1-035, 1-036 and 1-037.

 

Motion by Commissioner Suggs, second by Commissioner Thomas, to approve the Consent Agenda as submitted.  The motion carried unanimously. (1/130)

 

 

 

 


Attorney’s Report:

 

Ginnie Springs vs. Gilchrist County - The original Settlement Agreement has been executed by Chairman Durden and forwarded to Patrice Boyes, Attorney for Ginnie Springs, for execution by Craig Watson and Ginnie Springs. (1/138)

 

Waccasassa VFD.  Mr. Mutch has not received a reply from the City of Winter Haven or Prince Georges County in regards to the Waccasassa VFD nor has he heard from any of the former members of the Waccasassa VFD.  The Board discussed taking necessary action to reclaim the County’s equipment.  Motion by Commissioner Suggs, second by Commissioner Thomas, to pursue legal action.  The motion carried unanimously.  (1/150)

 

Risk Management - Mr. Mutch reported that he had met with Chairman Durden last week to discuss Risk Management.  One of the issues concerned the unsafe conditions at the Road Department. Chairman Durden stated that he would like to continue work with Mr. Mutch on a Risk Management plan for all of the departments and report back to the Board.  (1/180)

 

Bonding for Commissioners and Constitutional Officers - Mr. Mutch submitted a memo to the Board concerning Surety Bonds for Commissioners and Constitutional Officers. He explained that the Board of County Commissioners, at their discretion, may require any of the Constitutional Officers or members of the Commission, to post bond.  When determining if a bond should be required, the Legislature recommends that the total amount of money handled by each Constitutional Officer be considered.  Mr. Gilliam advised the Board that he had obtained a quote in the amount of $179 for each Surety Bond. Motion by Commissioner Suggs, second by Commissioner Bush, to obtain Surety Bonds for each Commissioner and each Constitutional Officer with payment for these bonds out of General Fund Reserve.  The motion carried unanimously.  (1/220)

 

Mr. Gilliam advised the Board that Diana Harrison and Teresa Miller have been authorized to sign checks in the temporary vacancy of the Property Appraiser’s position.  Instead of obtaining bonds for Mrs. Harrison and Mrs. Miller, Mr. Gilliam recommended adding them to the County’s general liability insurance, which will cover them through “Errors, Omissions and Fraud.”  The Board agreed.  (1/220)

 

Issues with ADG Pertaining to the Renovation of the Courthouse - The Owners/Architects Committee met with representatives from Architects Design Group, Inc. on Tuesday, November 28th.  During the meeting, Mr. Mutch advised A.D.G. of the Boards concerns regarding the performance of Karl Thorne & Associates (architects) and that firm’s non-payment of fees to its subcontractors.  Mr. Reeves, President of A.D.G., Inc., was present at this meeting and has notified Karl Thorne & Associates of the termination of their services.

 

Mr. Reeves came before the Board and related that they have terminated the services of Karl Thorne & Associates on this project.  A.D.G. will be taking over the responsibilities for these services.  Mr. Reeves has also contacted the subcontractors who were not paid and explained that payment would be made by Karl Thorne and Associates.

 


Mr. Gilliam referred the Board to A.D.G.’s invoice (#8) in the amount of $5,065.05 for services to date for the Master Plan and A/E Services.  Motion by Commissioner Suggs, Second by Commissioner Bush, to approve payment of invoice #8 in the amount of $5,065.05.  The motion carried unanimously.   (1/317)

 

Shady Bend Subdivision - Mr. Mutch reported that he has received numerous calls from Ms. Aline Kazoukas, a resident of Shady Bend Subdivision, concerning issues surrounding the road closings completed earlier this year within the Shady Bend Subdivision.  Mr. Mutch spoke with Duke Lang, Attorney for Ms. Kazoukas, and he agrees this is a private issue.  (1/531)

 

Code Enforcement and Planning Policies - The County Attorney’s Office is developing a set of procedures and a computer program for code enforcement violations.  Mr. Mutch has met with Allen Luzader, Code Enforcement Officer, to discuss procedures for the department.  He also met with Valerie Anderson, County Planner, to offer suggestions for preparing recommendations for planning issues to the Planning and Zoning Board. (1/531)

 

Fitzgerald Request to Forgive Special Assessment Liens - The County Attorney’s Office submitted a memorandum for the records in regards to Mr. Ray Fitzgerald’s request to have the Special Assessment waived for property. 

 

Mr. Fitzgerald addressed the Board and explained that he had inherited the property from his father’s estate.  Mr. Fitzgerald was not aware of the special assessment lien on this property until he recently purchased another parcel of property in Gilchrist County.  He requests that the Board forgive the past due Special Assessments.  Mr. Mutch explained that under Florida Statutes, a lien on property stays with the property and there is no requirement for a lien that is properly placed in the official records to reassert to the estate of a decedent.  There is money owed to the lien holder. In this case, Mr. Fitzgerald’s father did not pay certain Special Assessments and liens were placed on his property, in the official records, on June 20, 1989, September 20, 1990, January 9, 1990, June 24, 1991, September 11, 1992, and December 13, 1993.  Mr. Mutch stated that in order to forgive the lien, the Board would have to show a public purpose and if they did show the public purpose, the amount of the lien would have to be paid out of public funds in order to dissolve the lien.  The amount owed is approximately $1,886.00 including the interest.  Commissioner Suggs asked Mr. Mutch if it were possible for Mr. Fitzgerald to pay the lien without the interest.  Mr. Mutch replied that if the interest were not recouped, the Board would not be able to require it of anyone else who has one of these liens.  Mr. Mutch explained to Mr. Fitzgerald that though he was not aware of the Special Assessment lien on the property at the time, he was indeed on notice because it is in the public record.  By being in the public record, notice is given and Mr. Fitzgerald could have had the estate pay them or he could wait until the property is sold to pay them. (The Board took no action.) (1/595)

 

Fire Special Assessments – Mr. Mutch opened discussion regarding Fire Special Assessments. Mr. Mutch will prepare a resolution to be considered at the January 8th meeting and will obtain a quote for the services of Neighbors, Gilbling and Nickerson. (1/975)

 

 


Resolution 00-86  Mr. Mutch referred the Board to Resolution 00-86 and read the following short title.

 

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, SUPPORTING SUE BEACH SUGGS AS A CANDIDATE FOR SECOND VICE-PRESIDENT OF THE FLORIDA ASSOCATION OF COUNTIES; REQUESTING OTHER COUNTIES TO SUPPORT SUE BEACH SUGGS IN HER CANDIDACY FOR SECON VICE-PRESIDENT OF THE FLORIDA ASSOCIATION OF COUNTIES.

 

Motion by Commissioner Bush, second by Commissioner Thomas, to adopt Resolution 00-86.  The motion carried unanimously.  (1/1050)  (A copy of Resolution 00-86 is attached and made part of these minutes.)

 

 

Resolution 00-87 – Mr. Mutch read Resolution 00-87 celebrating the 75th Anniversary of Gilchrist County. 

 

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, CELEBRATING THE 75TH ANNIVERSARY OF GILCRHRIST COUNTY; REQUESTING THE SCHOOL BOARD TO INSTRUCT TEACHERS TO DISCUSS THE ANNIVERSARY WITH STUDENTS AS A MATTER OF FLORIDA HISTORY; REQUESTING THE GOVERNOR AND CABINET TO RECOGNIZE THE ANNIVERSARY OF THE NEWEST COUNTY IN FLORIDA; AND MAKING THE FACT KNOWN TO THE CONGRESSIONAL DELEGATION.

 

Motion by Commissioner Bush, second by Commissioner Thomas, to adopt Resolution 00-87. The motion carried unanimously. (1/1140)  (Resolution 00-87 is attached and made part of these minutes.)

 

Clerk’s Report: 

 

Courthouse Renovations – Mr. Gilliam reported that the completion date for the Courthouse Renovations is estimated to be between the end of May and the first of June.  Mr. Scott Gattshall, with P.P.I. was present and discussed the status of the project with the Board.  (1/1295)

 

Attorney’s Report (Cont.):

 

Fire Special Assessments - Mr. Mutch contacted Neighbors, Gibling, and Nickerson during recess in regards to the Fire Special Assessments.  He expects a reply from them later in the week.  Mr. Mutch advised the Board that there are two ways to proceed.  First, if the Board of County Commissioners wishes to proceed without the concurrence of the Tax Collector or the Property Appraiser, four notices must be placed in the local newspaper prior to January 1st.  A public hearing could then be held on January 28th, 29th, 30th or 31st. Otherwise, with the concurrence of the Tax Collector and Property Appraiser, it could be done by March 1st.


Motion by Commissioner Suggs, second by Commissioner Thomas, to proceed with advertising for a public hearing on January 8, 2001 at 5:30 p.m.  The motion carried unanimously.  (1/1435)

 

Building Department:

 

A letter to the Commission was received from Mr. Brad Smith and submitted for the record.  Mr. Smith was recently charged double fees for failing to obtain building permits before beginning construction. In answer to the letter, Mr. McQueen stated that they had provided Mr. Smith with an outline.  Mr. Smith contends that the dates of the permits are in error.  The cash register receipts indicate the permits were obtained on September 28th.  Mr. Luzader explained that Mr. Smith came in on the 27th and made out a check for the permit but decided not to pay for them at the time because of the extra fine.  He returned on the 28th and pulled the permits. 

 

Commissioner Suggs asked Mr. Rehberg if he had actually watched Mr. Raily work for a week before he stopped the work.  Mr. Rehberg answered that he did not.  He added that he did not know he was doing the work until he called him for an inspection.  Mr. McQueen added that Mr. Rehberg had already put Mr. Raily on notice prior to this incident.  He had told Mr. Raily that a permit would be necessary for any work he did in the County as a subcontractor.  Mr. Rehberg told the Board the reason for the double permitting is to discourage builders from starting a building project until they have all of the necessary permits. Commissioner Suggs asked Mr. Rehberg to reply to the statement in Mr. Smith’s letter, [“The next morning (27th), Mr. Rehberg visited my property without being requested.  Mr. Raily, his helper, and my Dad were all three there.  Carl approved the footer and verbally gave Mr. Raily the go-ahead to pour (Please note that I still had no permits.).”]. Mr. Rehberg explained that Mr. Raily told him he would pick up the permits later that morning.  With this in mind, Mr. Rehberg chose not to stop the work.   Mr. Smith did not come in to pull the permits until the next day.  Mr. McQueen stated that Mr. Smith came in on Wednesday and was very irate with the Building Department employees. 

Mr. McQueen referred to the statement by Mr. Smith regarding “passing the buck.”  Mr. McQueen had told Mr. Smith that Mr. Rehberg, as the Building Official, had the final word.  He was not passing the buck.  Mr. Smith then came in again to discuss the extra fees with Mr. Rehberg.

 

Mr. Mutch read a portion of the Standard Building Code, section104.7.2, which states “Work commencing before permit issuance.  Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty of 100% of the usual permit fee in addition to the required permit fees.”   Mr. Mutch asked Mr. Rehberg if he were permitted, under the code, to waive the fee?”  Mr. Rehberg answered that he cannot show partiality.  Mr. Mutch asked if he had ever waived a fee.  Mr. Rehberg replied, “not that I know of.” 

 

The Board postponed further discussion to allow Mr. Luzader to bring back information on the Building Code.

 

 

 


Road Department:

 

Mr. Nathan Martin asked the Commission if they were required to inspect the roads in the “Nesmith” subdivision.  This is the new private, gated subdivision.  Mr. McQueen stated that the County Road Department does not have to inspect them, but the roads do have to be built according to the County’s specifications.  Their engineer will certify that they have been built to those specifications.

 

Mr. Martin reported that several employees of the Road Department were recently certified in a CPR. The class was held to comply with the recent violation received from M.O.S.H.A..  Chairman Durden referred to #3 on the report received from M.O.S.H.A. in regards to ‘hearing protection.’  Mr. Martin stated that the employees at the pit have been provided with earplugs.  Chairman Durden directed Mr. Martin to have these employees sign a statement that they have received the hearing protection.  In addition, if it is discovered that these employees are not using the hearing protection, the individual will receive one (1) warning and be written up.  If it is discovered the second time, the individual’s employment will be terminated.  Mr. Mutch advised the Board, that M.O.S.H.A. also has requirements pertaining to the supervisors failure to ‘write up’ employees who are in violation. It is understood, this will also have disciplinary action.  Chairman Durden directed the Road Department to send a letter of response to M.O.S.H.A. stating the actions taken to comply with the citations. (1/2746)

 

 

 Commissioner Wilkerson arrived at 3:15 p.m.

 

 

Building Department (continued):

 

Upon Mr. Luzader’s return, the Board resumed discussion regarding Mr. Brad Smith’s request.  Mr. Mutch stated that the decision of the Building Official is appealable to the Board of Adjustment or if it deals with an issue of competence, it is appealable to the construction industry Licensing Board. Therefore, the Board of County Commissioners cannot take action for Mr. Brad Smith’s request.  (1/3355)

 

 

Bill Clark & Rick Dolan / Division of Forestry:

 

Mr. Bill Clark, Ben Beachum and Rick Dolan came before the Board to present the annual report for the Florida Division of Forestry’s Cooperative Florida Assistance Program.  Mr. Clark also presented the Operating Plan between the Gilchrist County Fire District and The Florida Division of Forestry.  The Board commended the Division of Forestry for the work they have done.  (2/270)

 

 

Public Hearing / FY 99/00 Budget Carry Forwards:

 

(Notice for this public hearing appeared in the November 30, 2000 edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)

 

Mr. Gilliam referred the Board to the Budget Carry Forwards for Fiscal Year 1999/2000. Cheryl Watson was present to answer any questions pertaining to the carry forwards. The Board reviewed each budget entry with Commissioner Durden reading the short titles and amounts for each consecutive Resolution.  (2/548)

 

Budget Entry BE1-033 / Resolution 00-68 – Amends the General Fund (001) by an increased amount of $770,236.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Thomas, second by Commissioner Wilkerson, to approve Resolution 00-68.  The motion carried unanimously.

 

Budget Entry BE1-017 / Resolution 00-69 – Amends the Law Enforcement Trust Fund (120) by an increased amount of $5,695.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Wilkerson, second by Commissioner Thomas, to approve Resolution 00-69.  The motion carried unanimously. 


Budget Entry BE1-030 / Resolution 00-70 – Amends the Fire District Trust Fund (122) by an increased amount of $69,104.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Bush, second by Commissioner Wilkerson, to approve Resolution 00-70.  The motion carried unanimously.

 

Budget Entry BE1-022 / Resolution 00-71 - Amends the Court Facility Trust Fund (125) by an increased amount of $1,437.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Thomas, second by Commissioner Bush, to approve Resolution 00-71.  The motion carried unanimously.

 

Budget Entry BE1-023 / Resolution 00-72 – Amends the Law Library Fund (129) by an increased amount of $331.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Wilkerson, second by Commissioner Thomas, to approve Resolution 00-72.  The motion carried unanimously.

 

Budget Entry BE1-029 / Resolution 00-73 – Amends the FEMA Fund (130) by an increased amount of $77,068.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Bush, second by Commissioner Wilkerson, to approve Resolution 00-73.  The motion carried unanimously.

 

Budget Entry BE1-031 / Resolution 00-74 – Transportation Trust Fund (140) by an increased amount of $75,251.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Wilkerson, second by Commissioner Suggs, to approve Resolution 00-74.  The motion carried unanimously.

 

Budget Entry BE1-032 / Resolution 00-75 – Amends the Transportation Projects/Impact Fee Fund (141) by an increased amount of $233,511.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Suggs, second by Commissioner Thomas, to approve Resolution 00-75.  The motion carried unanimously.

 

Budget Entry BE1-028 / Resolution 00-76 – Amends the Fine & Forfeiture Fund (150) by an increased amount of $29,921.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Suggs, second by Commissioner Wilkerson, to approve Resolution 00-76.  The motion carried unanimously.  

 

Budget Entry BE1-018 / Resolution 00-77 – Amends the State Attorney/Public Defender Fund (160) by a decreased amount of $7,872.00 in anticipated revenues as a result of additional expenditures at fiscal year end.  Motion by Commissioner Wilkerson, second by Commissioner Suggs, to approve Resolution 00-77.  The motion carried unanimously.

 

Budget Entry BE1-019 / Resolution 00-78 – Amends the Local Housing Assistance Trust Fund (180) by an increased amount of $26,176.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Wilkerson, second by Commissioner Thomas, to approve Resolution 00-78.  The motion carried unanimously.

 

Budget Entry BE1-021 / Resolution 00-79 – Amends the Current Capital Obligations Fund (190) by an increased amount of $18,728.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Bush, second by Commissioner Thomas, to approve Resolution 00-79.  The motion carried unanimously.

 

Budget Entry BE1-020 / Resolution 00-80 – Amends the Capital Projects Fund (301) by an increased amount of $31,585.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Bush, second by Commissioner Thomas, to approve Resolution 00-80.  The motion carried unanimously.

 


Budget Entry BE1-025 / Resolution 00-81 – Amends the Capital/Impact Fees Fund (306) by an increased amount of $12,077.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Suggs, second by Commissioner Wilkerson, to approve Resolution 00-81.  The motion carried unanimously.

 

Budget Entry BE1-027 / Resolution 00-82 – Amends the Emergency Medical Services Fund (410) by an increased amount of $48,115.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Bush, second by Commissioner Thomas, to approve Resolution 00-82.  The motion carried unanimously.

 

 

Budget Entry BE1-026 / Resolution 00-83 – Amends the Solid Waste Fund (434) by an increased amount of $73,223.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Thomas, second by Commissioner Wilkerson, to approve Resolution 00-83.  The motion carried unanimously.

 

Budget Entry BE1-024 / Resolution 00-84 – Amends the Law Enforcement Education Fund (450) by an increased amount of $1,019.00 which represents unanticipated revenues in the form of cash carry forward from the previous fiscal year.  Motion by Commissioner Wilkerson, second by Commissioner Bush, to approve Resolution 00-84.  The motion carried unanimously.

 

(Resolutions 00-68 through 00-84, are attached and made part of these minutes.)

 

At the conclusion of the public hearing, Ron McQueen commended Mrs. Cheryl Watson for the work she has done.  He stated that she does a great job not only for the Clerk’s Office but for all of the Board’s departments.

 

Solid Waste Department:

 

Watson Construction Co. - Diane Avery, Supervisor, presented a proposal from Watson Construction Co., Inc. concerning disposal of C & D Waste.   Watson Construction is proposing to enter into an agreement with Gilchrist County to provide a disposal site at the C&D facility currently in operation on State Road 24 in Archer.  Watson Construction will receive all containers from the County’s transfer station at a rate of $3.00 per cubic yard as determined by the container size.  Ms. Avery prepared a cost comparison study over the past four (4) months between the proposed rate and the current rate of $35.00 per ton paid to the Florence Landfill. The study indicates savings of $4,683.40.  Motion by Commissioner Thomas, second by Commissioner Wilkerson, to enter into an agreement with Watson Construction Co., Inc. for C&D debris pending review by the County Attorney and the addition of a clause stating this is an ‘annual’ agreement.  The motion carried unanimously.  (2/978)

 

Ms. Avery reported that an individual has contacted her in regards to a damaged windshield she claims was caused by one of the Solid Waste Trucks.  The incident was said to have occurred when one of the trucks, traveling north on Hwy 129 passed the other vehicle traveling south.  The citizen claims that something flew up from the truck damaging her windshield.  Ms. Avery stated that the truck was carrying an empty container.  The Board directed Mr. Mutch to contact this individual for more information. (2/1150)

 

 

EMS Department:

 

Report - Linda Walker reported that the collections, year to date (fiscal year), totaled $43, 548.26.  For the month of November, the department responded to 111 calls and collected $12,085.00.  (2/1290)

 


Century Ambulance Service – Ms. Walker referred to a letter received from Century Ambulance Service, requesting a Certificate of Public Convenience and Necessity (CON).  Century Ambulance Service holds a contract with the prison system to transport their ALS patients inter-facility. Inmates from Gilchrist County would be transported to Lake Butler, Raiford, or Jacksonville.  The Ambulance Service would not be transporting 9-1-1 calls.  Ms. Walker suggested that if they are granted a CON, that it be limited.  From February 1998 to August 2000, the Gilchrist County EMS has collected  $11,075.00 for transports from the Lancaster Correctional Facility. The County Attorney will review the request and bring back a recommendation to the Board. (2/1350)

 

Supplies / Waccasassa VFD – Ms. Walker asked for direction from the Board in regards to the supplies returned from the Waccasassa VFD.  Mr. Mutch advised her that it is not necessary to hold the supplies but to retain an inventory.  (2/1620)

 

Gilchrist County Visioning Committee:

 

Mr. Mitchell Gentry, Gilchrist County Vision Committee, addressed the Board in regards to the Visioning Event, “Gilchrist County’s 2020 Vision,” scheduled for January 27th at the Bell Elementary School.   Mr. Gentry reviewed the Visioning process the Committee has been involved in this past year.   Preparations for the Visioning Event have included; 1) Speech Orientations, 2) Surveys, 3) Essay Contest and 4) Advertising.

The committee determined the theme of the essays and the event to be “The Best Way To Determine Our Future Is To Create It.”  The Board of County Commissioners will provide lunch for those in attendance. (2/1680)

 

Mr. McQueen introduced Brook, an exchange student from Young, Australia.  Brook is staying with the McQueen family for two months.  The Board welcomed Brook and talked with her about Australia and the differences in local government and ways of life.

 

The meeting recessed at 5:00 p.m.

 

The meeting reconvened at 5:25 p.m.

 

EMA / County Coordinator Report:

 

Tentative Five-Year Work Plan – Mr. McQueen reported that he and Commissioner Bush had attended the Five-Year D.O.T. Work Plan Program.  They have identified two (2) new projects for Gilchrist County; the resurfacing of CR 341 (under the Small County Technical Assistance Program) and a right-of-way study for State Road 26 in the fifth year (to determine the possibility of four lanes).  Mr. McQueen and Commissioner Bush also identified the left turn lanes in front of the Post Office, the turn lanes in front CR 339 and the turn lanes in Bell. (3/008)

 

Chairman Durden stated that he has been contacted by several individuals in regards to the resurfacing of Hwy 129 between Trenton and Bell and driveways.  They had been told by White Construction to contact the Board of County Commissioners if they wish to have a driveway put in that has not been identified in the workplan and the BOCC would contact D.O.T.  Mr. McQueen stated that it is his understanding any driveways that do not currently exist on HWY 129 would be required to obtain a permit from D.O.T.  Mr. McQueen will contact D.O.T. to clarify the requirements.

Building Department Report – Mr. McQueen submitted a copy of the Building Department report for the month of November.  (3/120)

 

Fire Department / Skid Unit – The County received three (3) bids for the skid unit.  The Board had previously approved up to $7,5000.  The low bidder was Buddy Gray Fire Equipment with a total bid in the amount of $6,660.85.  Motion by Commissioner Thomas, second by Commissioner Bush, to approve the bid from Buddy Gray Fire Equipment in the amount of $6,660.85.  The motion carried with Commissioner Suggs voting no.  (3/172)

 

 

Public Hearing / Building Department / Proposed Increase in Fees:

 

Allen Luzader reviewed the proposed changes in permit fees as follows:

 

 

Permit Type

 

Current Fee

 

Proposed Fee

 

New Construction

 

$0.05 sq.ft.

 

$0.10 sq.ft./$100 min.

 

Porches/Carports

 

$ 0.03 sq.ft.

 

$0.03 sq.ft.

 

Mobile Homes (Single)

 

$75.00

 

Same

 

Mobile Homes (Double)

 

$100.00

 

Same

 

House Move On

 

$50.00

 

Same

 

Power Poles/Wells

 

$30.00

 

$60.00

 

Re-roofing

 

$30.00

 

$60.00

 

Minimum Permit Fees

 

$35.00

 

Same

 

Remodeling

 

$0.03 sq.ft./$50 min.

 

$0.03 sq.ft./$75 min.

 

Plan Reviews, Residential

 

$25.00

 

$50.00

 

Plan Reviews, Commercial

 

$50.00

 

$75.00

 

Heat/AC

 

$30.00

 

$60.00 ea./per unit

 

Plumbing

 

$30.00

 

$60.00 ea./per bathroom

 

Electric

 

$30.00

 

$60.00 ea./per panel

 

Pools

 

$75.00

 

$100.00

 

Fire

 

$0.01 sq.ft.

 

$0.05 sq.ft./$500 max.

 

Reinspection Fee

 

$30.00

 

$50.00

 

Roofovers

 

$0.03 sq.ft.

 

Same

 

Masonry Fence Walls

 

$35.00

 

Same

 

Sign Permits

 

$50.00

 

Same

 

911 Signs

 

$10.00

 

Same

 

Pole Barns (open)

 

$0.03 sq.ft.

 

Same

 

Pole Barns (Closed)

 

$0.05 sq.ft.

 

Same

 

Pole Barns (minimum fee)

 

$10.00

 

Same

 

Sheds

 

$0.03 sq.ft./$35 min

 

Same

 

Triple Wide Move-on

 

$125.00

 

Same

 

Quad Wide Move-on

 

$150.00

 

Same

 

 

The Board discussed each proposed rate and made the following changes:

 

1)         Power Poles/Wells       $60.00                                     $30.00

2)         Heat/AC                      $60.00 each/per unit                 $50.00 each

3)         Plumbing                      $60.00 each/per bathroom        $50.00 each

4)         Electric             $60.00 each/per panel              $40.00 each/per panel

5)         Fire Inspection  $0.05 sq.ft./$500 max.             $ 0.05 sq.ft.

 

Motion by Commissioner Bush, second by Commissioner Thomas, to adopt the increases with the corrections noted.  Mr. Mutch recommended that an Ordinance be prepared to adopt these changes.  Commissioner Bush withdrew the motion.  Motion by Commissioner Bush, second by Commissioner Thomas, to instruct the County Attorney to prepare an Ordinance for an increase in Building Department Fees and to schedule the Ordinance for the January 8th meeting at 5:45 p.m.  The motion carried. (3/600)

 

 

Public Hearing / Planning and Zoning Department / Increase in Fees:

 

Because this public hearing was not properly placed on the Agenda, The Board deferred the item to the January 8th meeting at 6:00 p.m. (3/1700)

 

 

Public Hearing / Ordinance 00-16 / Truck Parking on County Right-of-Ways:

 

The Board reviewed the proposed Ordinance;

 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, PROVIDING FOR NO-PARKING AREAS; PROVIDING FOR TRUCKS PARKED IN RESIDENTIAL DISTRICTS; PROVIDING FOR PARKING CITATIONS; PROVIDING FOR SUMMONS ON ILLEGALLY PARKED VEHICLES; PROVIDING FOR FAILURE TO COMPLY WITH CITATION OR SUMMONS; PROVIDING FOR PRESUMPTIONS IN REFERENCE TO ILLEGAL PARKING, WARRANTS; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR PRESUMPTION FOR VIOLATION OF ORDINANCE AND NOTICE; PROVIDING FOR IMPOUNDING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING INSTRUCTIONS TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.

 


Chief Harvey Montgomery, Sheriff’s Office, was present to discuss recommendations.  He stated that he has reviewed the Ordinance and finds only two (2) portions that would need a County Ordinance and the remainder of the Ordinance is already covered under State Statutes. Motion by Commissioner Suggs, second by Commissioner Wilkerson, to remove Ordinance 00-16 regarding Truck Parking from the Agenda.  The motion carried unanimously. (3/1800)

 

Public Hearing / Special Permit 00-2 / Royster / Resolution 00-85:

 

Chairman Durden called the Public Hearing to order at 6:35 p.m.  Motion by Commissioner Thomas, second by Commissioner Wilkerson, to take from the table, the Special Permit request from William Royster.  The motion carried unanimously.

 

Mr. Mutch reminded the Board and those present that this is a Quasi-Judicial hearing.  Mr. Royster has the burden of proof to show whether or not that he meets the criteria for Special Permit, which is found in the Comprehensive Plan and the Land Development Regulations. 

 

Mr. McQueen stated that the initial presentation was made at the last meeting and Mr. Parrish is present to discuss any modifications.  Mr. Parrish has submitted a new site plan, which indicates the buffer contained within the actual acreage. Mr. McQueen provided a copy of the new site plan and pointed out the sloped area within, reducing the maximum depth down to 5.04 acres.  It maintains a 200-ft. buffer.   Mr. McQueen advised the Board of the Planning and Zoning Board’s recommendation, which was to approve, with conditions.  The conditions include the 200-ft. buffer, protecting the aquifer and the level and depth of digging, and meeting all of the other conditions that were contained within the previous Special Exception that Mr. Royster is requesting to modify.  The previous conditions which the Planning and Zoning Board recommends for inclusion are the hours of operation, the dumpster, the containment area for petroleum, maintaining the setbacks, maintaining the liability policy, permitting with Water Management District, continuation of maintaining the access road and the ongoing testing to insure no breach or contamination of the water supply.

 

Mr. Parrish came forward to present the revised plan to the Board and to discuss the changes he had made.  He pointed out that in the initial reclamation plan, it was brought out that no portion of the buffer or of the slope could be used.  In the revised plan, the slope begins at the edge of the 200-ft. buffer and comes back into the pit.  Mr. Parrish calculated the area to be dug at the maximum 15-ft. depth to be 5.04 acres.  The site plan indicates 162 feet exist between the property line and the closest corner of Mr. Futral’s residence. There is an additional 390 feet from the property line to the edge of the pit.

 

Mr. Eddie Futral came forward to explain that he and Mr. Royster have met to discuss a possible solution concerning an easement to his property and putting a restriction on the property adjacent to him. The 30 acres next to Mr. Futral belong to Mr. Royster’s sister and brother-in-law.  They have discussed asking them to put restrictions on that property to assure that another pit would not be placed near Mr. Futral’s residence.  Mr. Futral stated that this solution would be satisfactory to him. 

 

Mr. Don Wood testified that he lives across from the pit site and is in favor of the Special Permit.  Mr. Parrish referred the Board to two (2) letters from local businesses, which transport dirt in the area.  These letters are in support of the Special Permit stating that they stated “the pit is good for the local economy in the area.  Hauling from Archer would cost the community a substantial amount more for sand and transport and this would be unfair for future homeowners and home buyers.”  Mr. Mutch advised the Board that those comments are irrelevant to the issue before them and should apply only to the conditions for Special Permits, which are in the Land Development Regulations and the Comprehensive Plan.  Mr. Parrish contended that the letters are the same type testimony as that of Mr. Woods.  Mr. Mutch replied that those were irrelevant too but that he qualified himself as being someone from the immediate community.  Mr. Parrish asked if they could be submitted also, Mr. Mutch replied that he could not unless he could relate them to the requirements of the LDR’s or the Comprehensive Plan.  Mr. Parrish stated  Mr. Royster has complied with everything that has been asked of him.

 


Mr. Jim Willis testified that he lives ¾ miles from the pit and directly across from the water bottling plant.  He is in support of the pit and does not see anything detrimental to the community.

 

Mr. Futral added that it is not the noise or the dust from the pit.  His concern was to protect the value of his property.  He does not want to hinder Mr. Royster from using his land but wants to protect his own rights also.  Mr. Futral reiterated that if restrictions were placed on the property directly behind him and the ten (10) acres between him and the pit, prohibiting any mining operations, it would be a compromise satisfactory to him. 

 

Chairman Durden asked Mr. Royster to comment on this.  Mr. Royster does not feel it is necessary to put these restrictions.  Commissioner Thomas asked Mr. Royster, “when you were granted the first one (special permit), you claimed that you didn’t understand everything that was going on at that time about the 200-ft buffer. You said you could use that pit six or seven years, if it were the existing ten (10) acres and now you say in about a year and a half you have dug 1 ½ acres. An acre and a half is already gone out of the 5.40 acres that you have in this new one, so you are looking at another 3 ½ acres you can dig.”  Mr. Royster replied, “that the six to seven years projected was for the eight acres I understood that I was getting originally.”  He added that he did not know all of the rules.

 

Chairman Durden pointed out to Mr. Royster that there were many pages from previous meeting minutes that covered the rules and regulations, including the 200-ft. buffer.  Commissioner Thomas stated Mr. Royster is proposing to enlarge a commercial operation within a predominately residential area and a compromise should be reached to co-exist within the community.  The Board is trying to protect his rights as a landowner and the Futral’s rights as homeowners.

 

Commissioner Wilkerson stated to Mr. Royster, that he too believes that landowners should be able to use their property the way they want but zoning laws are to prevent property owners from using their land in such a way that infringes upon their neighbor.

 

The Board discussed the ten acres between Mr. Futral’s property and the pit.  Mr. Parrish pointed out that the 200-ft. buffer is extended into the ten acres and will not be mined.  Mr. Mutch advised the Board that they could place restrictions on the ten (10) acres as it is part of the application.

 

Commissioner Thomas stated that he wanted a restriction placed on that 190 feet to ensure that it is protected and is never dug.  The Board discussed the ten acres, which included part of the 200-ft. buffer.  Commissioner Suggs commented that she is not satisfied that the Board of County Commissioners has placed strict enough conditions on Mr. Royster’s request for special permit that will protect adjacent property owners.  She reminded the Board that there are other property owners in the Spring Ridge area that were opposed to the first application.  She does not believe that Mr. Royster has proven that his request for special permit would serve the purpose to promote the public’s health, safety and welfare.  Motion by Commissioner Suggs to deny the Special Permit.  The motion died for lack of a second.

 

Motion by Commissioner Thomas, to place a condition that the area of the special permit  cannot be expanded within the two parcels for fifty (50) years.  Mr. Mutch replied that this condition would then add the condition as condition “I” to the Resolution.  Mr. Mutch read conditions “a” through “h” included in Resolution 00-85, adding condition “I” which would state “The petitioner shall cause to be shown and recorded, deed restrictions on tracts 2 & 3 shown in the application, specifying the borrow pit, shall not be expanded for a period of 50 years, this restriction shall apply to the petitioner his successor and assigns. Also, modifying “h” to include the language “at dates to be specified by the Board for ongoing testing.”   Chairman Durden asked Mr. Royster if he would agree to this.  Mr. Royster replied, “yes.”   Condition “h” would be amended to include “January and July” for the testing results.

 

Mr. Royster stated that he had not read the portion of the Resolution regarding the water testing. Mr. Royster contended that this was not necessary and that it was not included in the original conditions of the first special permit. The motion on the floor died for a lack of a second.


Motion by Commissioner Thomas, second by Commissioner Suggs, to deny the special permit.  Commissioner Thomas commented that he could not approve the special permit without the conditions placed on it.  The motion carried on a vote of 3 to 2.  (Suggs – Yes, Wilkerson – No, Thomas – Yes, Bush – No, Durden – Yes) 

 

Mr. Mutch stated to Mr. Royster and for the Record, that this application could not come back before this Board for a period of one (1) year.  (3/1947)

 

Clerk’s Report:

 

Pay Request from P.P.I. – This is pay request #3, in the amount of $40,666.43.  Motion by Commissioner Suggs, second by Commissioner Thomas, to approve payment to P.P.I. in the amount of $40,666.43.  The motion carried unanimously. (4/1150)

 

Courthouse Renovations – The Court and Judges Chambers have been temporarily relocated to the new portables.  The portable for the Clerk’s staff is set up and they will begin moving in this week.  (4/1160)

 

 

BOCC Meetings - Because of the renovations, the Courtroom will no longer be available for BOCC Meetings.  Mr. Gilliam suggested the Board consider holding future meetings at; the School Board Meeting Room, the temporary Court Facilities or Bell City Hall.  Motion by Commissioner Thomas, second by Commissioner Suggs, to meet in the School Board Meeting Room.  The motion carried unanimously.  (4/1200)

 

Stevens Foreclosure – This is a foreclosure the County was named in because of a Special Assessment Lien.  Mr. Mutch advised the Board that since this is a foreclosure, the lien no longer exist. (4/1450)

 

Revenues & Expense Report – Mr. Gilliam reviewed the year end Revenues & Expenditure Report.   (4/1498)

 

Air Quality Report – The Courthouse was recently monitored for an Air Quality report.  The report indicates; no hazardous asbestos, dust levels within OSHA standards, high levels of Carbon Monoxide were reported in some areas as well as high levels of mold or fungi in a few areas.  Mr. Gilliam stated that measures would be taken to find the cause of the problems and

resolve them. (4/1514)

 

 

Civil Air Patrol Proclamation – A request was received from the Civil Air Patrol for the Board of County Commissioners to adopt a proclamation declaring the Week of December 1st as “Civil Air Patrol Week” in Gilchrist County.  Motion by Commissioner Suggs, second by Commissioner Wilkerson, to adopt Proclamation 00-08.  The motion carried unanimously. (4/1548)

 

Old Business:

 

Ron McQueen requests permission to bid out for vinyl siding and a roof for the Week’s Building.  He has set aside $7,000 from the FEMA Administration money for this purpose. Motion by Commissioner Suggs, second by Commissioner Thomas, to approve the request.  The motion carried unanimously. (4/1600)

 

New Business:

 

Commissioner Suggs requests permission from the Board to attend the NAACO Conference, March 2, 3 & 4, 2001.  She also requests permission for Sam Mutch to attend.  Motion by Commissioner Thomas, second by Commissioner Wilkerson, to approve the request.  The motion carried unanimously. (4/1687)

 

 

 


Commissioners / Committees and Department

 

Chairman Durden provided a list of Commissioners to serve on the following Committees for 2001:

 

Transportation for Disadvantaged                      Sue Suggs

Suwannee River Economic Council                   John Thomas

Three Rivers Regional Library               John Thomas

Nature Coast Greenway                                   Wilbur Bush

Chamber of Commerce                                    Freddie Wilkerson

Industrial Development Authority                      Freddie Wilkerson

Economic Development Council                        Sue Suggs

Small County Coalition                         Sue Suggs

Randy Durden

Suwannee River Water Management                 Freddie Wilkerson

Regional Planning Council                                 Wilbur Bush

Wages Board                                                   Wilbur Bush

Corrections Committee                         Randy Durden

Public Safety                                                    Randy Durden

 

Chairman Durden assigned the following Departments to the Commission:

 

General Government                             Randy Durden

 

Parks, Building Department &

Planning & Zoning                                Sue Suggs

 

Solid Waste & County Extension          Freddie Wilkerson

 

EMS & Fire                                         John Thomas

 

Road Department                                 Wilbur Bush

 

Public Participation:

(none)

 

There being no further business to discuss, Commissioner Suggs moved, seconded by Commissioner Wilkerson, to adjourn at 8:03 p.m.

 

 

 

APPROVED:

 

 

                                                                          RANDY DURDEN

ATTEST:

 

 

 

                                                           

JOSEPH W. GILLIAM, CLERK