MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 13, 1993
The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on September 13, 1993, at 8:30 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:
Fred Wilkerson, Chairman
V. C. Cannon
Sue B. Suggs
Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell, Denise Troyer, and Carolyn Thomas, Deputy Clerks, Carl Rehberg, Building Inspector, Wilma Mattucci, Librarian, Anne Carraway, Library Aide, Captain Tim Eichhorn, Gunnery Sergeant Allen Elefterian, and Sergeant David M. Scott, U. S. Marine Corp, Joye Brown, Bob Granger, and Ray Parrish, Department of Transportation, Richard Perryman, Civil Defense/VA Director, Buddy Joyner, Road & Solid Waste Superintendent, Tommy Cullens, Trade Mark Nitrogen Corp., Martha Mahalick, Fred Fox Enterprises, David Martin, Cross Roads Volunteer Fire Dept., Frank Saier, attorney, David Hallman, attorney, Clyde Caldwell, Billy Wilkerson, Carl Alexander, Max Johns, Alice Johns, Sara Nichols, Robert Wolf, Robert Whitwood, A. L. Cox, Tom Caldwell, Ben Pontevint, Larry Smith, R. T. Vaughn, Norman Norris, Lori Caldwell, W. C. Williams, Wynell Kellum, Glen Wilkerson, and Joanna Thomas, couny residents.
Chairman Wilkerson called the meeting to order and recognized three members of the United State Marine Corp, Captain Tim Eichhorn, Gunnery Sergeant Allen Elefterian, and Sergeant David M. Scott. These gentlemen appeared before the Board to extend their appreciation to the county for providing office space for a Marine Recruiting Service. Sergeant Scott will work out of the Trenton office, as well as the Gainesville office. Prior to the locating an office in Trenton, Gainesville was the closest office for recruiting services for Gilchrist County residents.
Minutes of the budget workshop held August 9, 1993, were unanimously approved, following a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.
Mr. Burt reported that Ron St. John has invited the Board to visit the Alliance Dairies, as well as a dairy located in Texas, which is the rotational type dairy. According to Mr. Burt, he received a letter from Sheree Lancaster, Mr. St. John's attorney, extending the invitation to all the commissioners. Mr. Burt reminded the Board that if they accepted Mr. St. John's invitation, they would need to do so and as a Board, and properly notice the meeting.
Mr. Burt stated that the City of Trenton has filed a Notice of Appeal following the Zoning Board's action approving the Special Exception for the establishment of a rotationally grazed dairy on U. S. 129, 3/4 miles north of Trenton.
Mr. Barron suggested the Board contact someone from the University of Florida, Institute of Food and Agricultural Services (IFAS), to provide an expert opinion on the issues concerning the Board in regards to the proposed dairy. In addition, Mr. Barron suggested that the Board have a Land Development Regulations workshop before accepting any invitation to visit the dairies. The Board agreed to meet in a LDR workshop on September 27, 1993, at 2:30 p.m.
Mr. Burt stated that he has prepared an agreement between the county and Gerald Thompson. In a previous meeting, the Board agreed to allow Mr. Thompson to erect a fence on property that Mr. Thompson previously conveyed to the county to construct a road. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to accept the agreement with Mr. Thompson. The motion carried unanimously and the agreement is as follows:
COME NOW, WILLIAM G. THOMPSON and DELORSE ETHEL THOMPSON, his wife, hereinafter referred to as THOMPSON, and GILCHRIST COUNTY, hereinafter referred to as COUNTY, and state as follows:
WHEREAS, THOMPSON conveyed to the COUNTY a 36 foot strip of land for construction of a road in Section 10, Township 8 South, Range 14 East, Gichrist County, Florida; and
WHEREAS, GILCHRIST COUNTY constructed said road; however, said road was constructed and maintained generally to the East of the conveyed property; and
WHEREAS, THOMPSON wishes to place a fence on the Easterly line of his property which corresponds and points as to the Westerly line of the existing County Road; and
WHEREAS, GILCHRIST COUNTY has no current use of the deeded property;
NOW, THEREFORE, the parties agree as follows:
1. The COUNTY shall allow THOMPSON to construct and maintain a fence on and over the deeded property held by the COUNTY up to the West line of the existing County Road.
2. THOMPSON, for himself and his successors of title, agrees that should the COUNTY in the future require the use of the deeded land that THOMPSON will allow the COUNTY to move the fence from the land deeded to the COUNTY and will claim no possessory interest in said deeded land.
THIS AGREEMENT reduces to writing, the understanding between the parties as expressed in the regular meeting of the Gilchrist County Commission on July 19, 1993.
/s/William G. Thompson
/s/Delorse Ethel Thompson
BOARD OF COUNTY COMMISSIONERS
GILCHRIST COUNTY, FLORIDA
/s/Fred Wilkerson, Chairman
/s/Jackie R. Barron, Clerk
Mr. Burt reported that impact fees have been collected from two individuals who should not have paid. Mr. Burt requests the Board authorize a refund of the fee to those individuals, because they were replacing previous dwellings. A motion was made by Commissioner Sheffield, seconded by Commissioner Cannon, to refund impact fees to David Hudson and Mabel Snodgrass. The motion carried unanimously.
Mr. Burt discussed 911 funding with the Board. According to Mr. Burt, 911 operations can not be funded by a special assessment, however, the Board could elect to fund the system by MSTU or millage. Mr. Barron stated that 911 could be funded from General Revenue Fund, if an activity currently funded by General Revenue, such as law enforcement was funded by another source, such as special assessments. Mr. Barron reminded the Board that if 911 in not enacted within two years, the 911 surcharges collected from county residents through the phone companies will have to be refunded.
Mr. Burt reported that he is still researching the possibility of the county becoming a regulating authority for cable franchising. Commissioner Bush made a motion, seconded by Commissioner Suggs, to authorize Mr. Burt to submit regulations related to cable franchising to the Board as a proposed ordinance. The motion carried unanimously.
Mr. Burt stated that September 22, 1993 is the deadline to submit comments regarding the proposed Sunshine Gas Transmission line. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize Mr. Burt to notify SGT of the county's intent to become a party. The motion carried unanimously.
Mr. Burt submitted an agreement between Florida Power Corporation and the County for the Board's consideration. The agreement is needed in order for the county to run the computer cables from the courthouse across the street to the Building Department, using Florida Power poles. A motion was made by Commissioner Suggs, seconded by Commissioner Cannon, to approve the agreement. The motion carried unanimously.
Mr. Burt stated that the North Central Florida Regional Planning Council has drafted an amendment to Exhibit B of the Comprehensive Plan for the Board's approval. The changes deal with the A-6 classification. The first change restates the classification from A-6 to SA-6. The other change is a clarification statement under A-6 as to the use of trench irrigation stating that it shall not be used to the extent to cause a change from wetlands to uplands by use of trench irrigation. Commissioner Sheffield made a motion, seconded by Commissioner Bush to approve the amendments. The motion carried unanimously.
Mr. Barron submitted a special assessment report indicating a total of 828 outstanding special assessments from 1986-1992, for a total due of $159,745.14. Payments received during the month of August total $4244.49.
The North Central Florida Regional Planning Council has sent a revised resolution for the Board's consideration, amending the interlocal agreement which created the Florida's Suwannee Valley Job Training Consortium and the Florida's Suwannee Valley Private Industry Council. In July the Board approved a resolution which decreased the number of representatives from Alachua County by one member. This resolution will add that representative back to the Council. A motion was made by Commissioner Sheffield, seconded by Commissioner Suggs, to approve the resolution. The motion carried unanimously and the original is on file in the Clerk's Office.
Mr. Barron presented an agreement between the County and Lancaster Correctional Institution, for use of inmate labor. Mr. Barron explained that this is a standard agreement the county has had with Lancaster for several years. Commissioner Suggs made a motion, seconded by Commissioner Bush to approve the agreement. The motion carried unanimously.
Mr. Barron presented the DARE grant agreement for the Board's consideration. The agreement was unanimously approved by the Board, following a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.
Mr. Barron submitted to the Board a state aid application for the library for fiscal year 1993-94, in the amount of $8341.46. The application was unanimously approved, following a motion from Commissioner Sheffield, which was seconded by Commissioner Suggs.
The Gilchrist County Recreational Authority is seeking grant funds from the Department of Natural Resources, and have prepared a letter for the Board's signature, indicating their support of the Authority's efforts. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield, to approve the letter. The motion carried unanimously and each commissioner signed the letter.
Mr. Barron introduced Ms. Carolyn Thomas to the Board. Ms. Thomas is a Deputy Clerk and will be doing the accounts payable. Mr. Barron submitted the bills for the Board's consideration. Following discussion, a motion to approve the bills was made by Commissioner Suggs, seconded by Commissioner Bush, and unanimously approved.
Budget transfers # 91-99 and 101 were unanimously approved, following a motion from Commissioner Bush, which was seconded by Commissioner Suggs.
Mr. Rehberg submitted his monthly report to the Board, indicating a total of 43 permits issued during the month of August. There were 22 permits issued for mobile homes and 5 for new construction. Nineteen were subject to impact fees.
Ms. Mattucci reported that the air conditioner at the library fails to work whenever there's a storm. She spoke to Stanley Akins, and according to Mr. Akins, they need a breaker, rather than fuses. The Board stated they would have Mr. Rehberg check the current system. Ms. Mattucci stated they may have a leak in the foyer. It leaked once when there was a hard rain, however, it has rained since then and there have been no leaks. Ms. Mattucci stated that the library has some books they would like to donate to the Friends of the Library. The Friends can then sell the books, and their proceeds will flow back to the library. The Board agreed that the library could donate the books to the Friends.
The Board adjourned for lunch and reconvened at 1:15 p.m.
Chairman Wilkerson spoke to those assembled regarding the vacation of N. W. 90th Street. The Chairman advised those present that they would be able to speak, however, they must be recognized first by the chair, and address the chair when speaking.
Mr. Burt summarized the previous action taken by the Board, stating that though the Board did advertise the first public hearing, they did not set the hearing by resolution, which according to Chapter 336.09(2), would have been proper. The Board took action to close the road on June 7, 1993. Since that time, they have readvertised the public hearing by resolution, and are here today to hear and consider the issues.
Mr. Frank Saier, attorney representing the Thomas' and the Butlers, spoke to the Board, stating it is his opinion that the road was closed after legal advertisement, there being no legal significance between a motion and resolution.
Mr. David Hallman, attorney representing the landowners affected by the road closing thanked the Board for agreeing to hear the issue again in public hearing.
Chairman Wilkerson stated that he is certain that the people in attendance today did not realize, by the description of the road, that the proposed closing would affect their access to the boat landing and river. This did not become evident until after the road was closed.
After the testimony given by those present, Mr. Saier asked the Board for a continuance until an agreement can be reached between the parties, with the cable removed until such time. Mr. Hallman asked the Board not to continue this issue, unless the petition is withdrawn.
Commissioner Suggs made a motion to continue the issue until October 4, 1993, at 2:15 p.m., encouraging the parties to work out their differences. The motion was seconded by Commissioner Bush, and passed by split vote as follows:
Joye Brown, Bob Granger and Ray Parrish were present representing the Department of Transportation. Ms. Brown presented the 5 year work plan prepared by DOT. County roads included are 340, 232, 341, 344, 337N, 337S, and 339. Ms. Brown stated that widening and resurfacing will require a 10% county match. Commissioner Suggs asked Ms. Brown to add to her list of priorities, a passing lane or caution light on at the intersection of SR 26 and Wacasassa Road. Ms. Brown stated that they will also be widening and resurfacing U.S. 129, from the northern city limits of Bell to the Suwannee County line.
Mr. Perryman submitted his report for the month of August, indicating a total of 12 veterans receiving services.
Mr. Perryman stated that they held a fire chiefs meeting, and discussed the need for written protocols for dispatchers. They will meet again on the 23rd of this month. Commissioner Sheffield stated that he would attend the meeting and bring a copy of the City of Trenton's fire report, which he would like other departments to use (or a variation of that report).
Mr. Perryman reported that the American Legion is looking for a typewriter for one of it's members who has a son with cerebral palsy. It is Mr. Perryman's understanding that the county will be auctioning surplus property, and he requests the county donate a typewriter to this family. A motion was made by Commissioner Suggs, seconded by Commissioner Bush, to donate a surplus typewriter to the Charcony family. The motion carried unanimously.
The Board discussed the status of Steve Youghn with the Wacasassa Volunteer Fire Department. Mr. Barron stated that he sent a letter on the Board's last action, requesting Mr. Youghn to voluntarily resign from the Department, pending the outcome of charges filed against him. According to Mr. Barron, he has not heard from Mr. Youghn, and understands that Mr. Youghn is still working with the department. The Board advised Mr. Burt to contact Mr. Youghn directly, advising him that he is suspended, pending the outcome of the charges, advising him of his rights, and demanding the surrender of any county property issued to him. Mr. Barron stated that any bills signed by Mr. Youghn will not be approved for payment.
Mr. Joyner reported that all the county roads which will be affected by the Florida Gas Transmission Lines, have been identified at 100 feet, rather than 60 ft., however, FGT wants the county to be responsible for any widening beyond the 100 ft. The Board advised Mr. Joyner to contact FGT, and advise them that they will be responsible for moving any lines should the county need to widen a road more than 100 ft.
Mr. Joyner reported that Larry Rogers still has his dragline for sale, however, it is not here (locally), and he is waiting for it to be brought back.
Mr. Joyner stated that Floyd Beach is still out on medical leave, and it may be several weeks before he can return.
Mr. Barron advised the Board that the Park Board could use some of the 4 x 4 timber posts the Road Department was originally to use for road signs. The Park Board can use these posts for their boardwalk project. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to donate those posts, declaring them surplus property, to the Park Board. The motion carried unanimously.
Mr. Joyner asked the Board if he could use one of the landfill trucks for a fuel truck. The Board stated they had no problems with this request.
Mr. Joyner introduced Mr. Tommy Cullens, Trade Mark Nitrogen Corp. Mr. Cullens spoke to the Board about the use of calcium chloride on rock roads. According to Mr. Cullens, the calcium chloride is sprayed on dirt or rock roads to control dust, as well as prevent erosion. The cost of this treatment is 75 cents applied per gallon. The Board asked Mr. Joyner to think about possible roads in the county that would benefit from such treatment and report back to the Board.
Mr. Joyner spoke to the Board about filling Floyd Beach's position temporarily. Following discussion, Commissioner Bush made a motion to suspend the advertising requirement, authorizing Mr. Joyner to hire someone to replace Mr. Beach until he returns to work. The motion was seconded by Commissioner Cannon, and unanimously approved.
Martha Mahalick spoke to the Board, advising them that the last home, R. Douglas, should be completed by September 23, 1993. She submitted an expenditure summary, indicating a total of $2042.90 unobligated in program funds, and $8766.49 unobligated in administrative funds.
David Martin appeared before the Board to submit a letter he received from Cecil Deas, Fire Inspector of Alahcua County Fire & Rescue. Mr. Deas studied a demographic survey, considering general network of roadways and access points, and determined that the best location for the new department would be on highway 47. In addition, Mr. Martin submitted a copy of the department's bylaws for the Board's information.
There being no further business to conduct, Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to recess and reconvene in a public hearing in Lake City for a House Committee meeting on Agency Rules. The motion carried unanimously.
Commissioner Suggs made a presentation at the agency rules hearing before Representative Randy Mackey, on behalf of the Florida Association of Counties.
The Board traveled to Live Oak for a public hearing at the Suwannee River Water Management District, regarding the proposed state water policy.
The Board unanimously agreed to adjourn upon a motion from Commissioner Sheffield, seconded by Commissioner Cannon, at 11:10 p.m.
FRED WILKERSON, CHAIRMAN
JACKIE R. BARRON, CLERK