MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JANUARY 22, 2001.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, January 22, 2001, at 5:00 p.m. in Bell City Hall, located in the Bell Train Depot at 3240 W. Rail Road Lane, Bell, Florida, with the following members present to-wit:
Sue B. Suggs
John Rance Thomas
Others in attendance were: Joseph W. Gilliam, Clerk of Court, Sam Mutch, County Attorney, Sam Ferguson, Director of Finance, Karen Heaton, Deputy Clerk, Ron McQueen, EMA/County Coordinator, Valerie Anderson, John Ayers, Lee Schaltenbrand, Hoyt Roberts, Lettie Roberts, Mike Kern, Aline Kazokas, Delight Curtis, Mike Holloway, David M. Lang Jr., Eddie Futral, Cindy Futral, Gene Parrish, Ruth Harden, Ron Mills, Wanda Roland.
Call to Order:
Chairman Durden called the meeting to order at 5:00 p.m.
C-1 Approval of Budget Entry #BE1-047
C-2 Approval of Minutes of the regular meeting held December 4, 2000.
C-3 Florida Department of Law Enforcement, recommendation for reappointment of Dr. William F. Hamilton as District Medical Center.
C-4 Approval of Linda K. Vogel and Debora E. Fridie to the Conflict Attorney List.
Motion by Commissioner Suggs, second by Commissioner Bush, to approve the consent agenda. The motion carried unanimously.
Ginnie Springs vs. Gilchrist County - Mr. Mutch has advised Mr. Jim Crews, Department of Community Affairs of the Board’s decision regarding the settlement agreement. (1/091)
Waccasassa VFD - Mr. Mutch reported that a replevin action has been filed with the Gilchrist County Court naming Jim Ivines and Gary Martin as defendants. Commissioner Suggs informed the Board that Dispatch has continued to page out the Waccasassa VFD instead of the Southeast Gilchrist VFD. The Board directed Mr. Mutch to send a letter to Sheriff Turner advising him of the problem. (1/123)
Otter Springs Special Exception Request - Mr. Mutch reported that the Planning and Zoning Board voted 5 to 0 to recommend denial. The request is scheduled to come before the Board of County Commissioners on February 19, 2001. (1/1999)
Southeast Gilchrist VFD - Mr. Mutch drafted a letter to the members of the Southeast Gilchrist VFD Board of Directors. This letter is in response to a question the Board of Directors had addressed regarding liability. Mr. Mutch explained that they do not have liability as corporate directors unless they act in bad faith. They may be indemnified. Mr. Mutch recommends that an errors and omissions policy be purchased for the board of directors. The County Attorney’s office is drafting a set of bylaws for the department which will state that the Board of County Commissioners have the final word in any personnel dispute. The department will also be adopting the County’s Personnel Policy. (1/250)
Complaint from Rick Weder - Mr. Mutch prepared a letter of response to a letter of complaint received from Mr. Rick Weeder. Mr. Weder stated in his letter that allegations had been made against him by a County employee. Mr. Mutch was witness to the discussion where the allegations were said to have been made and explained that the discussion mentioned only the coincidence of various members of the former Waccasassa VFD at the scene of suspicious fires in the Southeast area. The Board directed Mr. Mutch to send the letter. (1/363)
Fowler Vs. Watson - Mr. Mutch requested permission to advertise the vacation of the “driveway” described in the fowler suit. The County had entered into a settlement agreement in this case in May 2000. Motion by Commissioner Suggs, second by Commissioner Thomas, to authorize Mr. Mutch to advertise for the vacation of that driveway. The motion carried unanimously. (1/498)
Reschedule February 19th meeting - Considering the expected attendance for the Otter Springs Special Exception request, Mr. Gilliam suggested the meeting be moved from Bell City Hall to the School Board meeting room. Motion by Commissioner Suggs, seconded by Commissioner Thomas, to reschedule the February 19th meeting to the School Board meeting room. The motion carried unanimously. (1/585)
Request for Proposals for County Attorney services - Mr. Gilliam prepared a draft of the “Request for Proposals for County Attorney Services” for approval by the Board. Mr. Mutch recommended that a clause be added in parenthesis stating “great emphasis on land use, zoning and code enforcement” and that the titles be changed to lower case. Motion by Commissioner Thomas, second by Commissioner Bush, to approve the RFP for attorney services with the changes discussed. The motion carried unanimously. (1/600)
BE1-045 / Resolution 01-07- Amending the Transportation Projects/Impact Fee Fund (141) by an increase in the amount of $215,647.00 which represents debt proceeds from Capital City Bank for the CR 232 Project (from SR 47 to the Alachua County line). Motion by Commissioner Thomas, second by Commissioner Suggs, to approve Resolution 01-07. The motion carried unanimously. (1/850) (A copy of Resolution 01-07 is attached and made part of these minutes)
BE1-046 / Resolution, 01-06 - Amending the Local Housing Assistance Trust Fund (180) by an increased amount of $6,271.00 which represents the pay off of the 2nd mortgage on the SHIP Loan for Albert and Michelle Carter. Motion by Commissioner Suggs, second by Commissioner Thomas, to approve Resolution 01-06. The motion carried unanimously. (1/875) (A copy of Resolution 01-06 is attached and made part of these minutes)
Bids for Banking Services for the Grader Loan - Bids were received from Capital City Bank, Tri-County Bank and Highlands Tractor. Capital City Bank submitted the low bid at 5.35% for $100,000, five (5) years. Motion by Commissioner Suggs, second by Commissioner Wilkerson, to accept the bid from Capital City Bank for the financing of the motor grader at 5.35%. The motion carried unanimously. (1/905)
Presentation planned for the family of Mr. Clark Cannon - The Board scheduled a public hearing in honor of Mr. Clark Cannon at the February 19th meeting. Ron McQueen will order a plaque to be presented to Mrs. Cannon along with a proclamation. The Board also agreed to retire Mr. Cannon’s grader number. (1/1033)
Representative George Crady - Commissioner Suggs has ordered a plaque to present to Mr. George Crady at the March 12th meeting. (1/1080)
Fire Report - Mr. McQueen gave the Board a report of the fire that occurred on Friday, January 19th. Approximately 325 acres were burned. Six fire departments responded. Two double wide mobile homes were burned. An investigation is being made into the cause of the fire. Florida Power contacted Mr. McQueen and indicated the possible cause was a transmission wire down during trimming. Florida Power has offered to help those families that did not have insurance. (1/1111)
Public Hearing / Proclamation for National Burns Awareness Week:
A proclamation declaring February 4 - 10, 2001 as “Burn Awareness Week.” The proclamation acknowledges the contributions of the Shrine of North America and commends their continued support and care for young burn victims. Motion by Commissioner Thomas, second by Commissioner Suggs, to approve the proclamation declaring the week of February 4 - 10, 2001 as “Burn Awareness Week.” The motion carried unanimously. Mr. Sam Ferguson was present to accept the Proclamation. (1/1403) (A copy of this proclamation is attached and made part of these minutes.)
EMA/County Coordinator (cont.):
Personnel Policy/Part Time Employees - Mr. McQueen provided the Board with page 10 of the Personnel Policy for part time employees with proposed changes. The section “Problem Solving Procedure” has been revised to include volunteer fire departments.
The Board reviewed the revisions of the Personnel Policy and suggested that the last sentence be changed as follows:
Appeals made by employees or volunteers should be made
in writing within
30 45 days after initial determination
by supervisor of chief.
Motion by Commissioner Thomas, second by Commissioner Suggs, to approve the revised “Problem Solving Procedure (pg. 10)” with the changes discussed. The motion carried unanimously. (1/1436)
Opening of Bids/Special Public Defender:
Mr. Mutch stated that three bids were received for Special Public Defender from Ms. Candace Brower, Ms. Diane See and Mr. Tom Jorwarski. The bids were as follows;
- Candace Brower $600 / all
- Diane See $600 / Dependency
$475 / Criminal
-Tom Jorwarski $600 / Dependency
$475 / Criminal (plus milage)
All three bids specify additional funds for cases extending beyond one (1) year, dependency mediation and termination of parental rights hearings. Mr. Mutch suggested that he, Joe Gilliam and Sam Mutch contact all three to negotiate contracts. (1/1619)
Public Hearing / Southeast Gilchrist VFD:
Mr. Hoyt Roberts addressed the Board regarding the Southeast Gilchrist VFD. The department requests assistance from the Board to help them update the equipment. Commissioner Suggs explained that she had asked for and received an inventory of the equipment specifying the condition of the equipment. She stated that three (3) vehicles are in need of repairs with a total estimated cost of $8,000. Motion by Commissioner Suggs, second by Commissioner Wilkerson, to authorize a transfer in the amount of $8,000 out of the District Fund into the Southeast Gilchrist VFD for these repairs. The motion carried unanimously.
Mr. Roberts also asked the Board to clarify the issue of liability. The Board affirmed that the Board of Directors are not individually responsible for liability but the County Commission.
Ms. Wanda Roland addressed the Board regarding incidents in which procedures were not followed. She would like the Board to provide rules and procedures for the Department to follow. Commissioner Thomas advised Ms. Roland that modifications have been made to the County’s Personnel Policy regarding “problem solving procedures.”
Ms. Roland added that they also wish to have a set of bylaws provided by the Board. Mr. Mutch answered that his office is currently working on the bylaws for the department. Ms. Roland contended that procedures had not been followed in the recent dismissal of two volunteers. Chairman Durden stated that Commissioner Thomas will meet with the department to inquire into the dismissals and bring a report back to the Board. (1/1685)
Clerk’s Report (continued):
Courthouse Renovations / Water Line - Sam Ferguson reported that a new water line to the courthouse will be required for the new sprinkler system. Three quotes were received for the boring and jacking of 85 feet for the line. Utility Services of Gainesville provided the lowest quote at a cost of $78 linear foot ($7,000). Motion by Commissioner Bush, second by Commissioner Thomas, to accept the quote from Utility Services of Gainesville at $78 per linear foot. The motion carried unanimously. (1/2520)
Public Hearing / Special Permit / Royster:
Chairman Durden called the public hearing to order at 6:30 p.m. and requested that this Quasi Judicial Hearing be conducted as a ‘formal’ hearing.
Sam Mutch explained that on January 8, 2001, a motion was passed to reconsider the request by William Royster for a Special Permit to allow the expansion of an excavating and mining operation. Mr. Mutch reviewed the findings of the Board at the December 4, 2000 meeting.
David M. Lang, Jr., Attorney for Ralph Royster and William Royster, appeared before the Board to represent Mr. Royster. Mr. Joe Gilliam, Clerk of Court, took the oaths of Mr. Gene Parrish, Mr. Mike Holloway, Mr. William Royster, Mr. Ed Futral and Ms. Ruth Harden.
Mr. Lang explained to the Board that he had first been contacted by Mr. Ralph Royster in order to prepare a new easement for Mr. and Mrs. Futral that would offer an alternative legal means of access from CR 340 to their home rather than the existing legal access that they have which also serves as the access road to Mr. Royster’s borrow pit. The easement has been prepared and signed by Mr. and Mrs. Ralph Royster and been placed in Mr. Lang’s trust pending the granting of the request for a special permit to expand the existing pit.
Mr. Lang stated that it was his understanding that William Royster had complied with the conditions specified in Resolution 00-85, Section 5, ‘a’ through ‘g’ discussed at the December 4th. In regards to Section 5.h, Mr. Lang told the Board that they do not believe this is a reasonable condition.
Section 5.h “at the petitioner’s expense, ongoing testing to ensure no breach or contamination of the water supply, by a certified engineering firm, with results furnished to the petitioner and the Board,”
They request further clarification by the Board for the need for such test, the type of testing, and method of testing. Mr. Royster is in receipt of a letter from Suwannee River Water Management District stating that they do not require any monitoring of groundwater in borrow pit mines.
Chairman Durden replied that there was some confusion at the last meeting in regards to the recommendation from the Planning and Zoning Board about the testing. Chairman Durden had directed Ron McQueen to go back to the Planning and Zoning Board for clarification. Mr. McQueen submitted a portion of another permit in consideration by the Planning and Zoning Board which clarifies their intention.
Section 3 of that permit reads:
h “An ongoing testing and reporting of the fill dirt removed, to what levels, and remaining surface levels of available fill, so as to insure no possible breach or contamination of the water, and proof of adherence to the requirements set forth by the Suwannee River Water Management Permit. The testing and reporting of results shall be at the expense of the petitioner at a time span set forth by the Land Development Regulations Administrator.”
8. No digging shall be greater than fifteen (15) feet from the current contours. Benchmarks to be provided;
j. Access for inspection shall be allowed for County, State and Federal inspectors at all times.
The Board discussed items ‘h’ and ‘i’ and suggested the following changes;
“An ongoing testing and r Reporting of the
fill dirt removed, to what levels, and remaining surface levels of available
fill, so as to insure no possible breach or contamination of the water of
the aquifer, and proof of adherence to the requirements set forth by the
Suwannee River Water Management Permit.
The testing and reporting of results shall be at the expense of
the petitioner at a time span set forth by the Land Development Regulations
Administrator on or before October 31st of each year until
reclamation is complete.”
digging shall be greater than fifteen (15) feet from the current contours.
Benchmarks to be provided
j. Access for inspection shall be allowed for County, State and Federal inspectors at all times.
Mr. Lang introduced Mr. Michael P. Halloway, Professional Engineer from Ocala, Florida. Mr. Halloway is an expert in water quality. Mr. Halloway testified that this barrow pit would not contaminate the aquifer. Mr. Lang offered into evidence, as exhibit #1, a copy of the permit from SRWMD.
Chairman Durden asked Mr. Futral if he had any objections to the items they have discussed or about the easements. Mr. Futral replied that he did not object.
Commissioner Suggs asked if Mr. Futral’s easement was a bargaining chip. Mr. Futral affirmed that the easement is contingent on the Board granting the Special Permit. Mr. Lang replied that it would not be necessary to have the easement if the expansion is not permitted.
Motion by Commissioner Wilkerson, second by Commissioner Bush, to approve the Special Permit with the changes made, amending item ‘h’ and adding items ‘i’ and ‘j’, being subject to ‘a’ through ‘g’ and the request for the Special Permit meet or exceeds all of the requirements of Section 14.7 of the Land Development Regulations and meets or exceeds all of the requirements of the Gilchrist County Comprehensive Plan. The motion carried with Commissioner Suggs voting ‘no’.
For the record, Commissioner Suggs reminded the Board that there have been five or six violations of the old pit. Also for the record, Commissioner Suggs stated to Mr. Royster that she hopes that he will show this year that he is a good steward of the land and prove her wrong. (1/2620) (A copy of Resolution 00-85 is attached and made part of these minutes.)
Commissioner Thomas will attend a Fire Chief’s meeting this week. He also plans to attend the next Southeast Gilchrist VFD meeting and will work with them to get the bylaws.
Commissioner Thomas commended the fire departments and the community for their efforts in putting out the fire last week North of CR 340. Chairman Durden stated that the Division of Forestry could not say enough about community involvement.
Commissioner Suggs reported that she met with Amos Philman and Ron McQueen in regards to the FRDAP extension. Leslie Asbell is going to help with the sewer.
Commissioner Suggs met with the Planning and Zoning Department regarding advertisements. She recommended that Valerie Anderson, County Planner, provide the same kind of agenda packets to the Board of County Commissioners as she does to the Planning and Zoning Board. This will insure that the Board have the same kind of materials available to them to make their decisions. The Board agreed.
Chairman Durden suggested that Planning and Zoning items be scheduled at the mid-month meetings from 6:00 p.m. to 7:00 p.m. with Valerie Anderson preparing the agenda packet for those issues. The Board agreed.
Commissioner Suggs brought it to the Board’s attention that Valerie Anderson’s 6 month probation period has ended. She recommends that Ms. Anderson’s probation period be extended an additional 30 days. Commissioner Suggs explained that she has only recently been appointed as Commissioner over the Planning and Zoning Department and has not had enough time to observe or evaluate Ms. Anderson’s job performance. The Board agreed.
Commissioner Suggs has had requests to decrease the speed limit in Foxwood Subdivision to 35 mph. Commissioner Bush will have the Road Department make a recommendation.
Commissioner Wilkerson recommended that the speed limit on CR 232, from SR 26 North, be increased from 35 mph to 45 mph. The Board scheduled a public hearing on February 19th at 5:30 p.m. to consider an Ordinance to increase the speed limit on this portion of road from 35 mph to 45 mph.
Chairman Durden stated that citizens have contacted him in regards to the permit requirements for properties that have had the electric service turned off for 6 months or more. In some cases, individuals only stay at their property seasonally and consider it safer to have the electricity turned off in their absence. Chairman Durden stated that these individuals should not be penalized for this by being required to obtain another electric permit. Mr. McQueen stated that he has discussed this with Mr. Carl Rehberg and Mr. Rehberg recommends the time period be increased to 12 months. After 12 months, he recommends that they must be inspected for an upgrade. Motion by Commissioner Suggs, second by Commissioner Bush, to increase the time period to 12 months for reconnecting electric service, effective immediately. The motion carried unanimously.
There being no further business to discuss Chairman Durden adjourned the meeting at 7:40 p.m.
BOARD OF COUNTY COMMISSIONERS
GILCHRIST COUNTY, FLORIDA
JOSEPH W. GILLIAM, CLERK