MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD APRIL 4, 1994
The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on April 4, 1994, 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, Carolyn Thomas, and Cheryl Watson, Deputy Clerks, Richard Perryman, Civil Defense/Veteran's Services Director, Carl Rehberg, Building & Zoning Official, Buddy Joyner, Solid Waste & Road Superintendent, James Floyd, Gilchrist County Sheriff, D. Ray Harrison, Property Appraiser, Gary Reeser, Cadastralist, Keith Rehberg, Solid Waste, George Cole, Spring Ridge Volunteer Fire Department, Mark Gluckman & Verna Mae Eady, Industrial Development Authority, Gus Schaeffer & David Branson, Florida Power Corporation, and Paul Duesthlander, county resident.
Minutes of the meeting held December 28, 1993 and January 3, 1994 were unanimously approved, following a motion from Commissioner Sheffield, which was seconded by Commissioner Suggs.
Mr. Burt stated that it would take more than a few hours to codify the ordinances, and suggested that Glenda Hagan could work on them at her home, since she is still on the Clerk's payroll. The Board agreed with Mr. Burt's suggestion.
Mr. Burt talked to the Board about wind load requirements as they relate to the county's building codes. According to Mr. Burt, the county adopted the Southern Building Codes in 1971, and it is his understanding that the county may adopt building codes as they are updated, or establish their own building codes, as long as they are at least as stringent as the Southern Building Codes. Mr. Burt stated that section 1205 of the building codes addresses wind loads in an optional manner, however, he has just received a copy of a letter from DCA, which suggests wind loads are not optional. He will do further research on this issue.
Mr. Burt reported that Dale Ridgeway damaged his vehicle while crossing a cattle gap on "Bryant road", which is located one mile north of county road 232. Commissioner Cannon stated that he was aware of the situation and had looked at the cattle gap, and it is in need of repair. There seems to be a question as to who maintains the road and cattle gap. Though the county does not hold title to the road, they have maintained it for a number of years. Mr. Burt advised Mr. Ridgeway to submit a claim to the county's insurance carrier, who would in turn make a decision. In the interim, Mr. Burt will speak to the owner of the cattle gap about having it repaired.
Mr. Burt drafted an ordinance for the Board's review regarding the exemption of vacant commercial building from special assessments. The proposed ordinance states the exemption can be applied for 1993, and must be applied for annually thereafter. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize Mr. Burt to advertise the proposed ordinance and set a public hearing for the next regular board meeting in May. The motion carried unanimously.
Mr. Burt presented a draft ordinance to regulate county parks and boat ramps. Mr. Burt stated that this ordinance will be heard in a public hearing set for the regular meeting in May.
Mr. Burt reported that the Board of County Commissioners are authorized to set criteria for Competency Board members, who have the authority to grant licenses in the construction industry within Gilchrist County. Mr. Barron stated that he would have Glenda Hagan pull those ordinances that relate to the Competency Board and Building Department.
Mr. Burt stated that Judge Philman has requested a speaker system be installed in the courtroom because people in the back of the courtroom have a difficult time hearing him. Judge Philman would like to purchase a system he has located for $1328.07, and requests this item be purchased from the Court Facilities Trust Fund. Mr. Barron stated that it would be an appropriate expenditure of that fund, providing there are monies available. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to authorize the purchase, subject to funds availability. The motion carried unanimously.
Mr. Barron presented bills for the Board's consideration. He and the Board discussed the problems encountered with United Fuels. It appears their bulk fuel depot is closed at noon. Mr. Barron stated that Mr. Harrison, Property Appraiser, advised him that he will no longer use United Fuels because of the unavailability and billing problems. Commissioner Sheffield suggested the Board consider installing the fuel tanks they have already purchased next fiscal year. The Board unanimously approved the bills, following a motion from Commissioner Suggs, which was seconded by Commissioner Bush.
Mr. Barron presented journal entries, numbered 9314-9328, for the Board's consideration. Mr. Barron explained that number 9314 is a budget adjustment in the amount of $62,349. Last month, the Board approved by resolution 94-09, a budget adjustment in the amount of $96,349 which represents the carry-over from the constitutional officers. Since that meeting, the Sheriff's carry-over amount has been reduced by $34,000, and journal entry 9314 will correct the previous journal entry, and reflect the true carry-over amount of $62,349. Commissioner Sheffield made a motion to approve the journal entries, (numbered 9314 thru 9328) and to approve number 9314, in particular, by resolution. Commissioner Suggs seconded the motion, which was approved unanimously by the Board. The resolution follows:
A RESOLUTION AMENDING THE GENERAL REVENUE FUND BUDGET
FOR FISCAL YEAR 1993-94.
WHEREAS, Chapter 129, Florida Statutes, sets forth the requirements for adoption of the annual county budget; and
WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the General Revenue Fund for fiscal year 1993-94; and
WHEREAS, Chapter 129.06, Florida Statutes authorized amendments of the budget by resolution to lawfully expend unanticipated revenues; and
WHEREAS, the Board of County Commissioners of Gilchrist County are in receipt of $62,349 of unanticipated revenues for the General Revenue Fund, rather than $96,349 as reflected in Resolution 94-09;
NOW, THEREFORE, BE IT RESOLVED, by the Gilchrist County Board of County Commissioners, that the General Revenue Fund is hereby amended in an increased amount of $62,349.
RESOLVED this 4th day of April, 1994.
/s/Jackie R. Barron, Clerk
Commissioner Suggs suggested that Mr. Step Kearney be added to the county's "pension" roll, and made a motion to that effect. Following discussion, Commissioner Suggs withdrew her motion and stated that she would talk to Mr. Kearney first, before adding him to the roll.
Mr. Barron stated that Commissioner Suggs has worked diligently to locate a temporary building for the library. As a result, the former Yates Funeral Home building is available for a 6 months lease at $1 (one) per month. Commissioner Sheffield stated that he appreciates Commissioner Suggs' efforts, and made a motion to accept the lease agreement with Paul Yates. The motion was seconded by Commissioner Bush, and unanimously approved.
Mr. Barron reported that he has spoken with three individuals who are willing to serve at the Board's request, as a search committee, to screen and evaluate applications for the emergency management/county coordinator position. They are David Branson, District Manager, Florida Power, Charles Justice, Executive Director of the North Central Florida Regional Planning Council, and Jack Durrance, retired Alachua County Commissioner. Commissioner Bush stated that he would like to look at all the applications before turning them over to the search committee. Commissioner Bush made a motion to review the applications, forwarding them to the search committee for their evaluation, and approving the above individuals to serve as a search committee. The motion was seconded by Commissioner Suggs, and unanimously approved.
Mr. Rehberg submitted a report for the month of March, indicating a total of 30 permits issued for mobile homes and 5 permits issued for new construction. Following a discussion of the county's building codes, Commissioner Suggs made a motion, seconded by Commissioner Cannon, to authorize Mr. Burt to advertise a proposed ordinance, adopting county building codes. The motion carried unanimously.
CIVIL DEFENSE/VETERAN'S SERVICES
Mr. Perryman submitted his report for the month of March. A total of 17 veterans were assisted. Mr. Perryman stated that the Spring Ridge Volunteer Fire Department would like the county's authorization to travel to Lake City to lease a truck from the Forestry Department. Commissioner Suggs made a motion, seconded by Commissioner Bush, to authorize the lease. The motion carried unanimously. Commissioner Sheffield asked Mr. Cole if he had ever made the statement that Spring Ridge VFD would not respond to fires at mobile homes or wood frame homes. Mr. Cole stated that he has never made such a comment and would put an article in both the Gilchrist County Journal and the High Springs Herald, stating his position.
INDUSTRIAL DEVELOPMENT AUTHORITY
Mark Gluckman and Verna Mae Eady presented a project which is being supported by the IDA, entitled "Gilchrist Greenways". Mr. Gluckman stated that the project could be partially funded by ISTEA funds through the Department of Transportation, however, the grant application would need to come from the county. Mr. Gluckman presented maps which show the trail beginning at the Alachua/Gilchrist County line, traveling west through the Town of Bell, extending further west to the Hart Springs area, where it will make an 8 mile loop. Mr. Gluckman stated that funding may be available from the Preservation 2000 Trust, in addition to ISTEA funding. Commissioner Bush made a motion to support the project. The motion was seconded by Commissioner Cannon, and unanimously approved.
PUBLIC HEARING: ORDINANCE ESTABLISHING A LOCAL BID PREFERENCE
Mr. Burt presented an ordinance which would establish a local bid preference. Chairman Wilkerson asked if anyone present wished to address the Board regarding the proposed ordinance. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to approve the ordinance. The motion carried unanimously and the ordinance follows:
AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, ESTABLISHING
FACTORS TO BE CONSIDERED IN BID AWARDS, INCLUDING LOCAL
BID PREFERENCES, EXCEEDING MINIMUM SPECIFICATIONS, PRIOR
HISTORY WITH THE COUNTY, AND RESIDENCE AND PLACE OF BUS-
INESS OF BIDDER; PROVIDING FOR SEVERABILITY; AND PROVID-
ING FOR AN EFFECTIVE DATE.
WHEREAS, it is the general policy of the Board of County Commissioners of Gilchrist County to award the purchase or contract to the lowest bidder; and
WHEREAS, however, other contributing factors may justify awarding the bid to a higher or more responsible bidder; and
WHEREAS, awarding a higher and more responsible bidder may be in the best interest of the residents of Gilchrist County.
NOW, THEREFORE, IT IS ORDAINED by the Board of County Commissioners in and for Gilchrist County, Florida, that in awarding purchases or contracts to bidders, contributing factors may justify awarding to a higher more responsible bidder.
Contributing factors may include, but not limited to, bids exceeding minimum specifications at a relatively minor cost which would better benefit the County; prior history with the County, including favorable contracts, commodities, or services, and residence and place of business of contractor, subcontractors, and suppliers. A bid of a resident of Gilchrist County, Florida shall have a five percent (5%) preference over the bid submitted by any non-resident of Gilchrist County, Florida. A resident shall mean an individual whose primary residence is within Gilchrist County, Florida; a partnership whose principals are all residents of Gilchrist County, Florida; a Florida corporation, partnership, or other business entity whose principal place of business in within Gilchrist County, Florida, or which maintains a full time business office open to the public within Gilchrist County, Florida. The Board of County Commissioners reserves the right to award a bid which would be in the best interest of the County.
In the event that any section, paragraph, sentence, clause or phrase of this ordinance shall be declared unconstitutional or unenforceable by a valid judgement or decree by a Court of competent jurisdiction, such unconstitutionality or enforceability shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance.
This Ordinance shall take effect as provided by law.
ORDAINED at the regular meeting of the Gilchrist County Commission held on the 4th day of April, 1994.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/s/Jackie R. Barron, Clerk /s/Fred Wilkerson, Chairman
ROAD DEPARTMENT & SOLID WASTE REPORT
The Board discussed a retirement party for Marvin Harris, road department employee, and agreed to have a fish fry on April 28th at the road department garage.
The Board discussed the current pay raise policy and for a matter of clarification the following action was taken: Commissioner Cannon made a motion, seconded by Commissioner Bush, that effective January 1, 1994, all county employees with twelve years continuous services will receive a raise of 10 cents per hour. Commissioner Suggs abstained from the vote, due to a conflict of interest. Commissioners Wilkerson and Sheffield voted in favor of the motion.
Mr. Joyner stated that Kenneth Lovett is interested in purchasing scrape iron at the county's shop at a rate of $1 per 100 lbs. The Board agreed to this offer.
Commissioner Bush stated that he has received a request from Mike Hayes at Gilchrist Building Supply for assistance from the county's road department with the dust problem he is experiencing. Commissioner Bush suggested that a portion of this road be applied with calcium chloride.
The Board discussed with Mr. Joyner the possibility of altering the schedule for the recycling trucks. The Board also talked about establishing permanent satellite stations which are manned by county employees. Mr. Barron stated that to do this he would have to look at the budget and see if they can fund those facilities. Mr. Joyner will work out a schedule so that the recycling trucks are available to the public on Saturdays and after work hours during the week.
JAY WILLIAMS- VARIANCE TO SUBDIVISION ORDINANCE @ SUWANNEE FORKS
Mr. Burt stated that this is an unrecorded subdivision. Mr. Williams is unable to obtain a building permit. Mr. Burt will review the information and make a recommendation to the Board at their meeting scheduled for April 11, 1994.
COUNTRY OAKS- PRELIMINARY PLAT
The Board reviewed the preliminary plat and information submitted. Commissioner Cannon made a motion to approve the preliminary plat as submitted. The motion was seconded by Commissioner Sheffield and approved by split vote as follows:
Commissioner Suggs stated that she was opposed to the name selected for this subdivision as it is her understanding that a subdivision already exists with that name.
PAUL DUETSCHLANDER- POWER LINE SAFETY SETBACKS
Mr. Duetschlander appeared before the Board to complain about the Kv transmissions lines currently being installed by Florida Power. According to Mr. Duetschlander, the lines are being installed on his property and he feels they are located too close to his residence. In addition, Mr. Duetschlander is not pleased that the public was not adequately notified of Florida Power's action. The Board advised Mr. Duetschlander that Florida Power held public hearings several months before construction began and the hearing scheduled for Trenton was held at the Trenton Women's Club. The Board explained to Mr. Duetschlander that they have no control over the placement of power lines, according to their comprehensive plan. Originally there were restrictions in the plan, however, the restrictions were removed during the amendment process after it was learned that the Environmental Protection Agency and the Public Service Commission regulate the placement of power lines. Representatives from Florida Power stated that there is no conclusive evidence that KV transmission lines are harmful to humans.
GARY PRAVDEN- HRS
Mr. Pravden spoke to the Board about a program available through the HRS office. His office currently has funds to pay 50% of the cost to employ juveniles who have either been through the HRS system or are currently involved in the system. The goal of the program is to reduce juvenile delinquency through employment opportunities. According to Mr. Pravden, the funds must be spent by June 30, 1994 or sent back to the state. Mr. Pravden stated that he wanted the Board to be aware of the program should the Board have any jobs suitable for young people.
Ms. Loraine Flemming appeared before the Board to request assistance with a noise problem she is experiencing near her home. According to Ms. Flemming, who lives near the boat ramp closest to Ginnie Springs, the noise around the boat ramp continues until all hours of the night. The boat ramp is being used as a party place and she has complained to the Sheriff's Department who have advised her that they do not have the authority ask those people to leave unless they are breaking the law. The Board discussed establishing an ordinance which would regulate the hours of usage of boat ramps and parks in the county, providing for enforcement by the Sheriff's Department. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to authorize Ted to advertise an ordinance, and set for a public hearing. The motion carried unanimously.
Commissioner Cannon departed from the Board meeting at 5:30 p.m.
INMATE MEDICAL CARE
Sheriff Floyd and Mr. Brittin were present to discuss the dispensing of medications to inmates at the Gilchrist County Jail. Mr. Brittin stated that he has employees that are not comfortable with being in the cell area of the jail to dispense medicines. Sheriff Floyd is concerned with the liability of his employees dispensing the medications. In addition, there appears to be communication problems within the two departments. Mr. Brittin stated that he would be glad to train the Sheriff's staff to dispense the medication, and the Sheriff agreed that this would be satisfactory to him. The Board advised Mr. Brittin that his staff were not authorized to be in the jail unless there is a medical problem requiring their attention.
SEALED BIDS FOR AIR CONDITIONING AT THE COUNTY JAIL
Two bids were received for the air conditioning at the county jail as follows:
7 1/2 ton unit with flex duct $7200
7 1/2 ton unit with metal duct $8700
7 1/2 ton unit with flex duct $9075
7 1/2 ton unit with metal duct $12,033
The Board asked Mr. Martin if both companies were quoting on the exact specifications since there was such a difference in the bids. Mr. Martin stated that he could not be certain without looking at the bids just opened and talking to both companies. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to authorize Chairman Wilkerson, Mr. Barron and Mr. Martin to meet with Mr. Cooper to determine the content of his bid, awarding bid to Mr. Cooper if his bid meets the needs of the building, otherwise the bid will be awarded to Comfort Temp. The motion carried unanimously.
Mr. Burt departed from the Board meeting at 6:50 p.m.
Chairman Wilkerson stated that he has recently learned of a problem that exists concerning the cleaning of the judge's office. According to the janitor, any cleaning product that she uses irritates the judge's breathing. The judge has suggested that she use only water when cleaning his office, however, Ms. Richberg states that she can not clean using water alone. Following discussion, a motion was made by Commissioner Bush, seconded by Commissioner Suggs, to authorize Ms. Richberg to only empty the garbage cans in the judge's office. The motion carried unanimously.
A request has been received from employees working in the administration building to reimburse Ms. Bennick for the purchase of a microwave oven, which they all utilize. Commissioners questioned Mr. Barron regarding past purchases of this nature, with Mr. Barron replying that he purchased a microwave for his staff with personal funds. The Board agreed that this would not be an appropriate expenditure.
Mr. Barron presented an application for SHIP funding on behalf of R. Lord, which is being recommended by the Loan Review Committee. The application is for a purchase/rehab project with a total cost of $45,500. The amount of SHIP funding for this project is $17,500. Commissioner Suggs made a motion, seconded by Commissioner Bush to approve the application. The motion carried unanimously.
TRI-COUNTY COUNCIL FOR SENIOR CITIZENS
The Board unanimously approved the cooperative agreement with the Tri-County Council for Senior Citizens, (which is an annual agreement), upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.
Mr. Barron stated that he has received a request from Ms. Davina Owens for assistance in paying her special assessments for 1992 and 1993. According to information received, Ms. Owens is disabled and living on an income which would qualify her for exemption for her 1993 assessments. A lien has already been placed on her property for nonpayment of the 1992 assessments, and it is Mr. Barron's recommendation that the Board satisfy the lien. Commissioner Suggs made a motion, seconded by Commissioner Bush, to satisfy the 1992 special assessment lien and exempt Ms. Owens from the 1993 assessment. The motion carried unanimously.
There being no further business to discuss, a motion to adjourn at 7:15 p.m. was made by Commissioner Sheffield, seconded by Commissioner Suggs, and unanimously approved.
JACKIE R. BARRON, CLERK