MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JUNE 2, 1997.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on June 2, 1997, at 9:00 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:
Sue B. Suggs, Chairman
Other persons in attendance were: Ted Burt, County Attorney, Joseph W. "Joe" Gilliam, Clerk of Circuit Court, Sherree Pitzarell, Deputy Clerk, Ron McQueen, EMA/County Coordinator, Ken Goldberg, special attorney, Nathan Martin, road superintendent, Jerry Scarborough and Joe Flannagan, SRWMD, Scott Koons, NCFRPC, Linda Walker, Deborah Langford, Patty Davis, EMS, D. Ray Harrison and Garry Reeser, Property Appraiser's Office, Sheriff David Turner, Jim Zeigler, park manager, Mike Grogan, county's labor attorney, J. C. Lawson, local union president, Dick Edwards, CPC, Duncan Jones, attorney, John Ayers, David Lindsey, George Cole, Leslie Sapp, Jackie R. Barron, Brian Lewis, Barbara Hines, Mr. and Mrs. Charles Lindsey, Suzanne Ames, Danielle Godwin, Wayne Godwin, Phil and Dawn Smagacz, Ron Clarke, David and Barbara Ross, Bonnie Kiser, Joe Dixon, Art Ingram, Rhonda Johnson, Risa Klemans, Steve Gladin Theron Hudson, and Jim Campbell, county residents.
The minutes of the meeting held May 5, 1997, were unanimously approved, following a motion by Commissioner Wilkerson, which was seconded by Commissioner Bush.
Bills & Journal Entries:
Commissioner Bush asked about a bill for bull-gator tee shirts (12 shirts for $111). Chairman Suggs stated that the manager at Hart Springs ordered the tee shirts for himself and his staff, so they can be identified as park employees. Chairman Suggs and Mr. Gilliam discussed a bill for $38,000.00 for indigent health care, which is a state mandated expense to counties. Following discussion, Commissioner Bush made a motion, seconded by Commissioner Durden, to approve the bills and journal entries numbered 97055R, 97083-97100 and 97101-97102. The motion carried unanimously.
Mr. Burt stated he has received proposals for special court appointed public defenders from the following attorneys: Steven Scheck, Steve Berstein, Evelyn Sapp and James McCarty, Howard Lidsky, and Victor Hulslander. Mr. Burt recommends that a committee review the proposals, which could include our court personnel, as well as the court administrator's office, Mr. Burt, and Mr. McQueen. In addition, Mr. Burt recommends that the county contract with two attorneys. Commissioner Durden made a motion, seconded by Commissioner Bush, to authorize the committee to screen the applicants and make a recommendation for hire at the June 16th meeting. The motion carried unanimously.
Mr. Burt presented a draft resolution regarding inmate health care. The Sheriff received about $12,000 unanticipated revenues however, he is about $7000 short of meeting the $19,000.00 total for inmate medical expenses. Also a draft resolution transferring the Lake property to the Board was presented. These have been to the Sheriff for review and he is expected to attend the meeting later today.
Board appointed positions: Mr. Reese Rowland has submitted his resignation effective July 1, 1997, from the Planning and Zoning Board, which also serves as the Board of Adjustment. According to Mr. Burt, in the past his office advertised these types of vacancies, requesting a resume and a statement of how their appointment would be beneficial to the position. The Board has never determined how many terms a person could serve. In regards to the Board of Adjustment, the Land Development Regulations determine the number of years in a term. The Code Enforcement Board has two people serving until someone can be appointed: Mr. Bell and Mr. Derber. Certain trades must be represented according to the statutes. The Affordable Housing Committee has expired terms and specific criteria must be met to meet the requirements for that Board. Commissioner Bush made a motion, seconded by Commissioner Durden to authorize Mr. Burt to advertise for the vacancies for the above mentioned committees. The motion carried unanimously. The Board asked that the information be submitted by the end of June, for a decision at the July 7th meeting.
Santa Fe Landing: Commissioner Suggs stated that she has not noticed any work being done on the roads in that subdivision when she checked two weeks ago. The 45 days have expired. There followed discussion regarding a request received for the waiver of impact fees and the fact that the county's ordinance does not have a provision for waiving these fees.
Mr. Burt reported that Chairman Suggs gave him a notice of action by Levy County State Bank. It appears to be a foreclosure and the county holds special assessment liens for 1989 and 1990. This action is on a mortgage between the bank and the Arnoas. Mr. Burt stated that he would respond to the bank.
Chairman Suggs asked about a document in the agenda package regarding Jonathan Forshee. Mr. Burt stated that it is a civil restitution lien order, which probably came about as a result of a criminal case. If any money was owed to the county, the court probably assessed and reduced it to a civil judgement lien, which he would interpret as a judgement. He suggested the Clerk record a certified copy of those types of judgements so they can be attached to any real property the person may own. In this particular case, the amount is $342.00.
Mr. Gilliam stated that he sent a letter to Mr. McQueen and Mr. J. C. Lawson, local EMS union president, asking for a response to specific questions regarding the employment of David Lindsey. He received a written response back from Mr. McQueen, however, Mr. Lawson was out of town and unable to respond in writing by the deadline. He gave a verbal response, which was sufficient, according to Mr. Grogan, the Board's labor attorney. Mr. Grogan will be here later today to represent the Board during the hearing. Mr. Lawson indicated that he will represent Mr. Lindsey and will need approximately 10-15 minutes. In addition, he may present witnesses and it is his request that the Board hire Mr. Lindsey on a permanent basis, or at the very least, extend the probation.
Mr. Gilliam reported that the insurance company notified him that Chairman Suggs' bond has been misplaced and asked that the Board execute another application, just like the original, which will require V. C. Cannon's signature and Commissioner Bush's signature as previous chairman.
Mr. Gilliam presented a credit card application, for the Board's consideration. The card would be for the use of the Board members only and in the name of the Gilchrist County Board of County Commissioners. This would eliminate the need for using individual credit cards, which are subject to tax. Commissioner Bush made a motion, seconded by Commissioner Wilkerson, to approve applying for a credit card for the Board's use. The motion carried unanimously.
Mr. Gilliam presented SHIP loan applications recommended for approval from the SHIP Loan Review Committee for the following individuals: Cynthia Woodard and Kimberly Quincey for new construction projects and Laura Cannon for a purchase project. Commissioner Wilkerson made a motion, seconded by Commissioner Durden to approve the loan applications. The motion carried unanimously.
Mr. Gilliam received a quote from Teaco Services, for improvement of the courthouse air quality. They recommend the following: complete air duct decontamination, seal and mastic all accessible duct leakage, apply protective coating containing a biostat and intercept to accessible duct lining, install filter back R/A grills through each system, install 40% high efficiency pleated air filters in grills, provide adequate filtered outside air to Judge's chamber and courtroom, install space guard HEPA filter in systems, add supply air duct to the Judge's conference room, diagnose each HVAC system to ensure proper system operation and test and balance each system for proper operation. The total contract price is $4650. To replace the 2 1/2 ton water to air heat pump system with one American Standard heat pump and one TWV030 air handler, add $3200 to the above price. According to Mr. Gilliam, there is about $18,000 remaining in courthouse repairs and maintenance. There followed discussion, led by Mr. McQueen of notification from Representative Janegale Boyd, that Gilchrist County will receive approximately $42,000 for courthouse renovations. These funds are to be used for ADA compliance, as well as renovations. The Board will need to send a letter requesting release of these funds, after July 1st, as they are a legislative grant. Commissioner Bush made a motion, seconded by Commissioner Wilkerson, to authorize the Clerk to send a letter to Representative Boyd, requesting release of funds. The motion carried unanimously.
Mr. Gilliam reported that on 5-28-97, the bottled water was removed from the Clerk's Office.
Mr. Gilliam stated that he has received all departmental budgets, with the exception of the road department. The constitutional officers have submitted their budgets, as well. He would like to set budget workshops soon with the full Board or at least begin meeting with the departmental commissioners. The Board members agreed that they would individually meet with Mr. Gilliam and department heads to develop the expenditure budgets for the departments.
Mr. Gilliam presented the application for revenue sharing from the Department of Revenue. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to authorize the chair to sign the application. The motion carried unanimously.
Mr. Gilliam and Chairman Suggs spoke to the Board about their recent attendance to the State of the Land and Water Conference. The majority of the attenders were representatives from the Department of Environmental Protection and the various water management districts; local government representation was minimal. They managed to strike language which would encourage the water management districts to do inter-district water transfers. Language was added so that local governments would permit activities prior to state agencies. The draft they finished will be presented to the Governor.
Attorney's Report (cont.):
Mr. Burt stated that he spoke to the Sheriff about the funds he intends to submit to the Board. The Sheriff would like to remit a check to the Board in the amount of $12,645. He would then ask that the Board deposit that amount in his account, along with $6,907.70 additional for inmate medical care. Following discussion, Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve this transaction by resolution. The motion carried unanimously.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
GILCHRIST COUNTY, FLORIDA AUTHORIZING APPROPRIATION OF
$19,552.70 FOR UNANTICIPATED MEDICAL CARE.
WHEREAS, the Gilchrist County Sheriff's Office is in need of $19,552,70 for unanticipated medical care; and
WHEREAS, the Gilchrist County Sheriff's Office has received unanticipated revenues in the form of insurance proceeds and otherwise in the amounts of $10,000.00, $1,500.00 and $1,145.00 for a total of $12,645.00;
NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that this Budget Resolution amends the budget of the Gilchrist County Sheriff's Office by appropriating the unanticipated revenue as above described to the Gilchrist County Sheriff's Office supplemented by the sum of $6,907.70 from the general fund reserve to provide a total appropriation to the inmate medical services line item of the Gilchrist County Sheriff's Budget, Budget 523, the total appropriation of $19,552.70.
RESOLVED this 2nd day of June, 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST: GILCHRIST COUNTY, FLORIDA:
/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair
Mr. Burt presented a resolution which would transfer the firing range property from the Sheriff and the Board to the Board alone, authorizing the Sheriff to construct a law enforcement complex, with LETF monies, authorizing a special account to be established for those funds, with the construction to be completed in two phases. Phase one will be an administration building and phase two will be a jail complex. The resolution also stipulates that the construction must be done in three years, or the funds revert back to the Sheriff. Commissioner Bush asked if a public hearing would need to be held for constructing a facility on the firing range property. The Board agreed to talk to the Sheriff before taking action on the resolution.
EMA/County Coordinator's Report:
Mr. McQueen stated that he received approval from U.S. Cellular to proceed with the communications tower. They recommend putting in LP gas in case the electricity goes out and an electric meter is needed to operate radios. Mr. McQueen asked for authorization to establish these two accounts. Commissioner Durden made a motion, seconded by Commissioner Wilkerson to establish those expenditures and accounts. The motion carried unanimously.
Mr. McQueen reported that there is a problem with the plumbing at the jail. Mr. Burt suggests writing a letter to the Sheriff to address the situation. Mr. McQueen stated that the issue relates to the way the drains were installed. RotoRooter recommended last year that all the lines be cleaned out.
Chairman Suggs asked the Sheriff if he obtained a price for housing prisoners temporarily during construction of the jail facility. According to Sheriff Turner, Dixie County can house our inmates for $15 per day per inmate, with the use of our staff. Sheriff Turner stated that he could house 12-16 federal inmates in our current facility and he has spoken to the Federal Marshal and will meet with him next week to hold further discussions. It has been indicated to him that the fees for housing federal inmates would be $37 per day. Sheriff Turner reported that an inmate suffered a heart attack over the weekend and he does not know what the medical cost will be at this time. In his proposed budget, for fiscal year 97-98, he has budgeted catastrophic medical inmate coverage. When asked about the proposed new construction of a correctional facility being in two phases the Sheriff stated the reason for breaking down the new facility into two phases is because the funds are available for the administration building at this time, but not for the jail complex. He added that he will not know until next year what funds will be available for the jail complex. He has a copy of the blueprints of the new Tri-County Senior Citizens building and is using that with modifications, for the new administration building. Mr. McQueen stated that he will have the cost for installing new vents in the old jail by the next Board meeting. The Board unanimously approved transfer of property and other items set forth in the resolution, subject to compliance with the Land Development Regulations and Comprehensive Plan, which would require a public hearing, added to Item Two, following a motion from Commissioner Durden, which was seconded by Commissioner Bush.
WHEREAS, the County and the Gilchrist County Sheriff's Office jointly own the following described real property:
The East Half of the Northwest Quarter of the Northwest Quarter and the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter, all in Section 30, Township 9 South, Range 15 East, all lying and being in Gilchrist County, Florida, subject to the right-of-way of Highway 129, containing 25 acres more or less.
WHEREAS, the Sheriff of Gilchrist County is desiring to construct a law enforcement complex on the above described property; and
WHEREAS, under Florida Statutes, the appropriation of funding for the law enforcement complex must be through the County; and
WHEREAS, the Gilchrist County Sheriff's Office desires that title to the above described property to solely be in the name of Gilchrist County; and
WHEREAS, the construction of the law enforcement complex is to be funded through the Law Enforcement Trust Fund from federal asset sharing funds from the United States Treasury Department that belong to the Gilchrist County Sheriff's Office; and
WHEREAS, the United States Treasury Department requires that the Gilchrist County Sheriff's Office insure that the funds are to be used for their intended purpose and accounted for properly, a special account or fund must be created by the County; and
WHEREAS, the County, by resolution, can accept a donation from the Gilchrist County Sheriff's Office for deposit in said special fund or account, for the express purpose of constructing the law enforcement complex on the above described property;
NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners as follows:
1. The Gilchrist County Board of County Commissioners is hereby authorized to accept conveyance from the Gilchrist County Sheriff's Office the interest of the Gilchrist County Sheriff's Office in the property hereinabove described.
2. That the Gilchrist County Sheriff's Office, subject to compliance with appropriate land use requirements under the Gilchrist County Comprehensive Plan and Land Development Regulations is hereby authorized to construct a law enforcement complex on the above described property.
3. That the construction of the law enforcement complex shall be funded through Law Enforcement Trust Funds entrusted to the Gilchrist County Sheriff's Office from federal asset sharing funds from the United States Treasury Department.
4. That a special account or fund is hereby established to insure that the Law Enforcement Trust Funds as above described are used for their intended purpose in the construction of a law enforcement complex.
5. That the law enforcement complex will be constructed in two (2) phases as follows:
A. Phase I shall consist of an administrative building and shall be funded by the donation of the Sheriff of $500,000.00 into the special fund or account as above established to be utilized, under the coordination of the Gilchrist County Sheriff's Office, in construction of the administration building.
B. Phase II shall consist of a detention center to be funded, as funds may become available, from Law Enforcement Trust Funds, provided through the federal asset sharing funds from the United States Treasury Department. This Resolution shall cover Phase II if and when the funds become available to the Gilchrist County Sheriff's Office, provided that the Gilchrist County Sheriff's Office determines to allocate said funds to the said special fund or account as above described.
6. Any and all interest earned on the special fund or account as above established shall be added to and become part of that special fund or account.
7. In the event that the law enforcement complex and the detention center are not substantially completed within three (3) years from the date of this Resolution, then in such event, all funds deposited in the said special fund or account as above described, including interest accrued thereon, shall revert back to and under the control of the Gilchrist County Sheriff's Office, except for funds obligated for items in construction.
8. The Gilchrist County Sheriff's Office will coordinate the planning and construction of the detention facility through and with the Correctional Planning Council of Gilchrist County.
9. Pursuant to Florida law, the construction and capital improvement of any county buildings contemplated by this Resolution shall be first approved by the Gilchrist County Board of County Commissioners.
RESOLVED in regular session, this 2nd day of June, 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST: GILCHRIST COUNTY, FLORIDA:
/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair
Sheriff Turner presented a check for $500,000.00 to the Board. These funds represent Federal Law Enforcement Trust Fund dollars and are to be deposited in the special account referenced in Resolution 97-31. The Sheriff presented a check to the Board in the amount of $12,645.00, which represents the reimbursements he received for insurance, retirement, etc.
The Board asked Sheriff Turner about their recent turkey shoot which was held at the firing range property. They were under the impression that all activities held at the firing range had to be law enforcement related. Sheriff Turner stated that the event was sponsored by the Sheriff's Office and the Bell Athletic Program, and the Sheriff's staff conducted a Print A Kid program, in addition to passing out literature on drug abuse. Sheriff Turner added that if the American Legion has an event they want to hold that could be co-sponsored by the Sheriff and open to the public, it could be accommodated, however, they can not use the property simply to conduct meetings.
Public Hearing- Occupational Licenses:
Mr. Burt stated that the law requires two public hearings to adopt the proposed ordinance regarding occupational licenses. Mr. Burt read the ordinance and the Board asked if there was any public comment. There being no public comment, the Board unanimously agreed to set the final hearing date for July 7th, at 11:30 a.m. following a motion from Commissioner Durden, which was seconded by Commissioner Wilkerson.
Mr. Edwards reported that he spoke to George Dull and the insulation has been installed at his mobile home, however, Mr. Dull wants insulated duct work. He asked Mr. Dull if he would agree to allow Mr. Paulk to return after the well is drilled and he indicated that he would be agreeable. Chairman Suggs stated that she spoke to him today and he is not satisfied. She told him that she would arrange a meeting between him, Mr. McQueen, Mr. Edwards and herself one day this week.
Mr. Edwards stated that the Julia Bailey job is completed. Seven months lapsed between the time the Julia Bailey job was bid and the time it began. During that time, plumbing problems in the kitchen led to floor damage, and the flooring in the dining room, living room and hall had to be replaced. This increased the expense by $1840.
Mr. Edwards spoke to a representative from the Water Management District about the Varieka/Beach well problem. According to their spokesman, it appears that when the Varieka well was drilled, it hit the same water pocket as the Beach well, causing the Beach well to have problems. They suggest that before the County drills a new well for the Beach family, to try flushing the well first, then extending the casing. If both those fail to improve the water quality, then another well will need to be drilled. The total cost to do those techniques, including drilling another well should not exceed $1500.
Mr. Edwards reported that he spoke to Janie Cox about a warranty problem they have with the bathroom tub. The tub is cracked or split and it is covered by the warranty. The contractor is obligated to repair or replace the tub, however, the county took action to not allow this particular contractor to work on CDBG homes in Gilchrist County after numerous complaints. Mr. Burt stated that if the contractor is not allowed to remedy the situation, he is relieved from further responsibility. Mr. Burt recommends that someone speak to Mr. Cox about the contractor coming back to repair or replace the tub. Chairman Suggs directed Mr. McQueen to speak to Mr. Cox.
Mr. Edwards stated that he received notification that DCA approved the latest amendment. Chairman Suggs asked about the status of transferring the mobile home titles to the CDBG recipients of new mobile homes. Commissioner Durden made a motion to transfer the titles to the mobile homes as gifts to the individual recipients. The motion was seconded by Commissioner Bush, and unanimously approved. Chairman Suggs pointed out that the County has not received the titles from Westgate and therefore they can not be transferred. Those from Wilson Mobile Homes have already been signed and submitted for title transfer. Mr. Edwards stated that he would contact Westgate and remind them to send the titles.
The Board recessed for lunch at 12:00 p.m. and reconvened at 1:20 p.m.
EMA/County Coordinator's Report:
Mr. McQueen submitted the Building Department report for the month of May, indicating a total of 48 permits issued. This is slightly less than last month.
Mr. McQueen reported that he is in the process of purchasing Leland Cypress trees to plant as a buffer between the road department and the Trenton Woman's Club. According to Mr. McQueen, the three gallon cypress trees are $6.95 each. He estimates it will take 45 trees and he has arranged for the state inmates to plant them. Following discussion, the Board requested Mr. McQueen to extend the buffer to cover a greater distance.
Mr. McQueen reminded the Board that the Governor issued a proclamation that this month is Hurricane Awareness month and the annual hurricane conference started today. He has revised hurricane awareness phamplets that will be distributed throughout the county.
Mr. N. J. Moran sent a letter to Mr. McQueen seeking information about the county's scales located in Bell. Mr. Moran would like to know what the scales are worth and if the county is interested in selling them. The last time the scales were repaired, Marvin Weaver reported that to continue repairing the scales would cost more than they are worth. There is also some questions as to whether the scales are located on county or private property. Mr. Burt stated that he recalls the scales being located on a very small parcel of county property, however, he will check again to make sure. Commissioner Bush made a motion, seconded by Commissioner Durden, to declare the scales surplus property and advertise for sealed bids, if the scales are indeed county property.
Mr. Nathan Martin, road superintendent, spoke to the Board about the road department. Rock is being moved and right-of-ways are being mowed, with the mowing crew expected to be in the city soon. Mr. Martin reported that there was a problem on N. W. 10th Street with about 70 huge oaks that were dead on the electric company's right-of-way. He and the supervisor of Central Florida Electric estimated it would take two to three days to cut down the trees. With the assistance of the county's tree trimming crew, it only took a half day to cut the trees.
Mr. Martin stated that he and Commissioner Durden have agreed on a schedule for the rock hauling. Starting with Commissioner Durden's district, since it is closer to the rock pit than any other district, they will haul rock into his district for two weeks. They will keep tabs on the number of loads hauled in that two week period. After two weeks, they will haul the same number of loads to each remaining district, realizing that due to distance, it may take longer than two weeks. Mr. Martin added that he is going to begin efforts to enlarge Townsend pit if he receives permission from the state. Mr. McQueen stated that he believes the entire 40 acres are permitted, however, he will check with Mills Engineering.
The tree trimming crew is currently finishing a job and will be moving into Commissioner Durden's district. They will work two weeks in each commissioner's district. Mr. Martin asked the Board members to think of the roads in their districts they would like to have "limbed" because he will be asking them to submit a list of those roads soon.
Mr. Martin introduced Paul Fuller, former road department employee. Mr. Fuller retired after 10 years service with the county and has expressed an interest in working for the county again. Mr. Martin stated that he needs another mechanic and another position at the rock pit. Mr. Burt stated that the Board's policy requires that positions be advertised.
Mr. Leslie Sapp, county resident, asked if the county had recently been spraying herbicide on the right-of-ways, and if so, what type of chemical was used. Mr. Martin replied that the Monsano Company recently sprayed 174 miles of right-of-ways in various sections of the county. Originally, the chemical was applied last fall, however, because it was late in the year, it did not work well. Under their warranty, they recently came back and sprayed again. The chemical, Round-Up, appears to be working well. As an alternative to trimming the right-of-ways, Mr. Martin does not recommend it because it is not cost effective. Commissioner Bush stated that Tom Scott contacted him about the spray being applied to some young pines that he had planted. The Forestry Service is assisting him to assess the damage. Commissioner Durden stated that Wayne Weeks claims that the spray damaged some of his trees. Mr. Sapp stated that he is concerned about the use of herbicides because of the potential for ground water contamination.
Mr. McQueen asked Mr. Martin if he needs the pickup trucks from Marion County. Mr. Martin replied that he did need those trucks and advised Chairman Suggs that a mechanic will be available to accompany her to Marion County to pick up the last 10 wheeler.
Mr. Martin stated that he received a bill from Atha Wooley for the repair of some fence, damaged by county equipment.
Mr. Burt asked Mr. Martin to check the roads in Santa Fe Landing Subdivision. By court order, the developer had 45 days to bring the roads up to county standards. If he fails, a judgement may be entered against him. Mr. Martin stated that he would check the roads and added that Don Woods is supposed to bring the roads in Millhopper One and Two into compliance.
Chairman Suggs asked Mr. Martin if he knew why the county no longer maintains the Owens Road at Shady Grove. According to the Chair, the county maintained that road for years and stopped. Mr. Martin stated that he was unaware of any reason and would resume maintenance.
The Board asked Mr. McQueen if the problems at Flying Harness have been resolved. Mr. McQueen stated that he will discuss it with Mr. Koons this afternoon; he feels the solution is to replat the subdivision. The county accepted the current plat, however, building permits are being denied because the descriptions on the deeds differ from the plat.
Suwannee River Water Management District:
Mr. McQueen announced that he has received notification that the grant application for Hart Springs park has been approved. The grant was written to renovate the rest rooms, campground and repair the water and sewage system. Mr. Jerry Scarborough and Mr. Joe Flannagan, SRWMD, advised the Board that the District could help the county with the erosion problem at the boil at Hart Springs. Mr. Scarborough encouraged the Board to look at long range goals for the park, and suggested that the Board consider moving the campgrounds and the sewage system out of the 100 year flood plain. Mr. Scarborough added that the District would be willing to purchase additional adjoining property in order to move those facilities out of the 100 year flood plain, if the county and local citizens support their efforts.
Commissioner Wilkerson asked Mr. Zeigler if the problem with the Jim Jones family reunion was solved. Mr. Zeigler replied that Mr. Jones' reunion will be back on the original date next year, which is agreeable with him.
Request for Proposals- County Attorney Services:
The Board received proposals from Kim O'Conner, David M. Lang, Lawrence, Mutch & Tetreault, Corbin & Duvall, Watson, Folds, Steadham, Tovkach & Walker, Evelyn Sapp, and Daniel R. Vaughen. Commissioner Durden made a motion, seconded by Commissioner Bush, to authorize Chairman Suggs, Mr. Gilliam, and Mr. McQueen to review the applications, check references, and recommend three for the Board's consideration. The motion carried unanimously.
EMA/County Coordinator's Report (cont.):
Mr. McQueen reported that the following people have been appointed to sit on the county-wide coordinating committee: Michelle Rose, Bell City Clerk, Carol McQueen, Fanning Springs Mayor, Cheryl Nekola, Fanning Springs City Councilwoman; Billy Rogers, Trenton Mayor, and Kathryn Deen, Trenton City Manger. The county's representatives are Ron McQueen and Chairman Suggs.
Mr. McQueen stated that he attended the unemployment hearing for Dale Derber. Mr. Derber did not show for the hearing and as a result the case was dropped.
Mr. McQueen updated the Board regarding the well at Leggett precinct. According to Randy Smith, the most is would cost to drill another well is $2900, however, the present well may be developed and the cost would be $1900. Cannon Well Drilling quoted $3200 for a new well, using steel casing, rather than PVC. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to authorize Mr. Smith to repair or replace the well. The motion carried unanimously.
The Guardian Ad Litem office has submitted a request to purchase a new desk. It does not appear that they have any funds in their budget to purchase one. Commissioner Durden made a motion, seconded by Commissioner Bush, to allow the Guardian Ad Litem office to use one of the surplus desks owned by the county. The motion carried unanimously.
Mr. McQueen submitted a bill to the Board for the Adopt-A-Shore program. Currently, Mr. Lewis and Mr. Zeigler are picking up the garbage at the boat ramps, and along the shoreline. The bill is for $3560 and is charged against the solid waste fund. The grant will reimburse solid waste and the funds will be transferred to the parks budget. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve the bill. The motion carried unanimously.
EMS Employee Appeals Hearing:
Chairman Suggs introduced Mike Grogan, the Board's labor attorney. Mr. Grogan announced that this is the county's first appeal with union representation. Responses have been received from Mr. McQueen and Mr. Lawson regarding the probationary employee, David Lindsey. After six months, Mr. Lindsey was not extended to full time and the action was not arbitrary, according to Mr. McQueen.
Mr. J. C. Lawson, president of the local union, representing Mr. Lindsey, feels that Mr. Lindsey was not given adequate opportunity to fulfill his goals to become a full time EMT. Mr. Lawson submitted letters from North Florida Hospital and a former employee, recommending Mr. Lindsey for full time employment. In addition, Mr. Lawson does not feel that Mr. Lindsey was adequately counseled in regards to any problems with his performance, nor does he feel that Mr. Lindsey was given proper direction in regards to the department's expectations of him. Mr. Lawson does not feel that the Board's personnel policy was followed in regards to performance evaluations. About 20 days prior to the end of the six months probation period, Ms. Walker, acting supervisor, issued reprimands regarding his performance. Ms. Patty Davis, paramedic, stated that she has worked with Mr. Lindsey as her partner and hasn't received any complaints from the public about Mr. Lindsey. She added that his performance continued to improve. Mr. Lawson stated that their position is that they would like to have Mr. Lindsey reinstated, or at the very least, have his probation extended. Mr. Grogan asked if the two letters were previously presented to the director. Mr. Lawson stated that they were not because he did not feel they were needed at the time. Mr. Lindsey's employment was terminated May 1st. Commissioner Wilkerson asked how long of a period passed from the time of the last reprimand to the time he was dismissed. Mr. McQueen replied that it was less than a week. Commissioner Bush asked if periodic evaluations were conducted. Mr. McQueen replied that the supervisors usually conduct them at different times for different departments. According to Mr. Lawson, Mr. Brittin, the former director, let some practices occur and when he left, no one let Mr. Lindsey know that those practices were no longer acceptable. According to Mr. McQueen, Mr. Lindsey received an employee handbook in November 1996. Two counseling write-ups were conducted by Ms. Walker. Mr. Lawson stated that Mr. Lindsey was questioned about an incident, but was not informed that he was being reprimanded. Mr. McQueen stated that Mr. Lindsey was counseled on March 10, 1997 about abandoning a patient the previous day, by Ms. Walker. On March 28, 1997, he was counseled about taking the supervisor's truck without permission the previous day, by Ms. Walker. He was called into her office on April 10th to sign the documents. Mr. McQueen stated that there were complaints issued against Mr. Lindsey by the Sheriff's office in April 1997, and he was issued a written reprimand on April 23, 1997. At that time, Ms. Walker recommended that his employment be terminated. On April 25th, Dr. Cox, medical director, recommended that Mr. Lindsey not be hired. Sheriff Turner spoke in regards to the complaint from the Sheriff's office. According to Sheriff Turner, Mr. Lindsey was having a private conversation with an employee at the Sheriff's office. The conversation, as is the case with most, was recorded. During a playback, it was discovered that the employee failed to do her job. Because of the length of the conversation, the dispatcher failed to send a deputy to a domestic violence call in a timely manner. Disciplinary action was taken against the employee. Chief Montgomery wrote a letter to Ms. Walker, banning Mr. Lindsey from the Sheriff's office, except for official business. Another incident occurred when he was off duty and at the Sheriff's office. Without going into detail, Sheriff Turner stated that Mr. Lindsey was creating a distraction during a training exercise. Mr. McQueen stated that based on the policy, and considering that Mr. Lindsey was on probation, the recommendation by the supervisor and medical director was followed, and he feels the actions taken were not arbitrary or capricious. Mr. Grogan stated that the Board can accept the motion from Mr. Lawson or Mr. McQueen in regards to Mr. Lindsey's employment. Commissioner Bush stated that there is no doubt that Mr. Lindsey was reprimanded, however, he questions the manner in which the reprimand was made. Commissioner Bush made a motion to extend the probation period for three months. The motion was seconded by Commissioner Wilkerson who stated for the record that Mr. Lindsey is a first cousin to his wife. Chairman Suggs called for vote of the Board. Commissioners Bush and Wilkerson cast votes in support of the motion. Commissioners Durden and Suggs cast votes in opposition to the motion. (Commissioner Sheffield was absent). According to Mr. Grogan, during a tie vote situation, the motion fails and the motion does not carry. Mr. Grogan added that the decision of the Board is final, according to the Board's personnel policy, page 20, problem solving procedures.
Constitutional Officers- Property Appraiser:
Mr. Harrison and Gary Reeser appeared before the Board, advising them that they recently received contact from the census office, requesting information. According to Mr. Harrison, this information was given to the census nearly a year prior. It was Mr. Harrison's understanding that the census office contacted a member of the Board regarding their request and Mr. Harrison wanted the Board to know that his office did respond.
Mr. Harrison stated that he has been requested on behalf of the Rotary Club, to ask the Board to waive the entrance fee to Hart Springs park, for June 9th, during the evening. They would like to hold their family night at the park. Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to waive the fee. The motion carried unanimously.
EMA/County Coordinator's Report (cont.):
Mr. McQueen stated that at the Infocad users group meeting he attended, they discussed integrating information and how it can be used for 911 addressing, emergency vehicles, and the transportation department. Crouse will be making some specific recommendations and is completing the report for the total system. Mr. McQueen reported that during the recycling conference he attended with Ms. Avery, the state is redefining small counties to include those with populations up to 100,000.
Chairman Suggs introduced Ken Goldberg, attorney who is an associate of Apgar and Pelham. Mr. Pelham could not attend today's meeting, due to a prior commitment.
Chairman Suggs stated that Mr. Barron is on the agenda today, to discuss setting a date for an informative workshop by Chambers Waste. Chairman Suggs advised Mr. Barron that since the Board will eventually hear the issue as a quasi-judicial board, they should not participate in the workshop.
Mr. Duncan Jones, attorney, representing Ginnie Springs, stated that he would like to be on record to state that no agency employee shall personally represent before the agency in which he or she was employed for two years, and for the record, Mr. Jones submitted Gilchrist County Resolution 96-22 and 95-78, where the Board authorized Mr. Barron to negotiate on their behalf, lines of credit, in the amounts of $150,000 and $800,000 respectively. In addition, on 10-7-96, Mr. Barron requested a grand jury be sequestered regarding the CDBG program. It is Ginnie Springs position, that given the tasks Mr. Barron performed on behalf of the Board, they were above and beyond his duties as clerk and that in fact, he acted as an employee of the Board, and should not appear before the Board for a period of two years.
Mr. Barron stated that as soon as he receives a copy of the items submitted today by Mr. Jones, he will file a response, however, he and his attorney feel that this is not an issue.
Mr. Goldberg stated that he understands that there is not a proceeding before the Board at this time.
Public Hearing- James Tolin, Mining Permit:
Mr. McQueen stated that the Board of Adjustment has approved this application for a mining and excavation project. Mr. Tolin is seeking a special permit. SRWMD has indicated that they have no problems with the project. Mr. Tolin is going to be removing fill dirt and the current acreage is more than one acre, located on the north side of Highway 26, west of Sugar Hill. Mr. McQueen read the concurrency assessment submitted by the North Central Florida Regional Planning Council regarding this special permit. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to approve the permit, by resolution. The motion carried unanimously.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
GILCHRIST COUNTY, FLORIDA CONCERNING AN APPLICATION
FOR A SPECIAL PERMIT FOR LAND AND WATER FILLS, DREDGING,
EXCAVATION AND MINING USE ON CERTAIN LAND WITHIN THE UN-
INCORPORATED AREA OF GILCHRIST COUNTY, FLORIDA, AS
AUTHORIZED UNDER SECTION 14.7 OF ORDINANCE 93-04. AS
AMENDED, ENTITLED GILCHRIST COUNTY LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR REVOCATION OF THE SPECIAL
PERMIT; REPEALING RESOLUTIONS IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 93-04, as amended, entitled Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, empowers the Board of County Commissioners of Gilchrist County, Florida, hereinafter referred to as the Board of County Commissioners, to approve, approve with conditions or deny special permits for land and water fills, dredging, excavation and mining use as authorized under Section 14.7 of the County's Land Development Regulations;
WHEREAS, an application, SP 97-1, for a special permit for excavation and mining use, as described below, has been filed with the County;
WHEREAS, pursuant to the County's Land Development Regulations, the Planning and Zoning Board of Gilchrist County, hereinafter referred to as the Planning and Zoning Board, reviewed at a public hearing, said application, as described below, for a special permit for the location of an excavation and mining operation and considered all comments received during said public hearing and the Concurrency Management Analysis Report, concerning said application, as described below, for a special permit for excavation and mining use and recommended to the Board of County Commissioners approval of said application, as described below, for a special permit for excavation and mining use;
WHEREAS, the Board of County Commissioners, held the required public hearing on said application, as described below, for a special permit for the location of an excavation and mining operation and considered all comments received during said public hearing, including the recommendation of the Planning and Zoning Board and the Concurrency Management Analysis Report concerning said application, as described below, for a special permit for excavation and mining use;
WHEREAS, the Board of County Commissioners, has found that they are empowered under Section 14.7 of the County's Land Development Regulations to approve, approve with conditions or deny a special permit for excavation and mining use;
WHEREAS, the Board of County Commissioners has determined and found that approval with conditions for a special permit, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare;
WHEREAS, the Board of County Commissioners, has determined and found that:
a. A need exists for an excavation and mining operation;
b. The location of an excavation and mining operation on the property described below is in the public interest; and
c. The application for a special permit for an excavation and mining operation on the property described below is in compliance with the provisions of Section 14.7 of the County's Land Development Regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, THAT:
Section 1. Pursuant to an application, SP 97-1, by Lloyd McElroy, requesting a special permit for land and water fills, dredging, excavation and mining use as provided for in Section 14.7 of the County's Land Development Regulations, in accordance with a site plan submitted as part of said application on certain lands within the unincorporated areas of Gilchrist County, Florida, as described as follows:
A parcel of land lying within Section 9, Township 10 South, Range 16 East, Gilchrist County, Florida. Being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of said Section 9 for the Point of Beginning; thence run along the East line of said Southeast 1/4 of the Northeast 1/4 of said Section 9 a bearing of South 00 02'37" West 572.80 feet to the Northerly right-of-way line of State Road 26 a bearing of South 76 56'55" West 1,364.56 feet; thence run North 00 01'14" West 839.90 feet; thence run 89 45'49" 1,300.01 feet to the Point of Beginning.
Containing 21.723 acres, more or less.
the Board of County Commissioners approves a special permit for an excavation and mining use for said property subject to the conditions hereinafter specified.
Section 2. A site plan, submitted as part of application and made a part of this resolution by reference, shall govern the development and use of the above described property. Any deviation from the site plan shall be deemed a violation of the County's Land Development Regulations. In addition, any activities to be conducted within the area described within this application shall meet any additional requirements of the County, regional agencies, the State of Florida and the United States of America.
Section 3. That all lands to be mined shall be reclaimed in conformance with said mining master plan, submitted as part of an application, and provided that a two hundred (200) foot buffer be maintained from adjacent properties and provided that the site is recontoured and revegetated and returned to the type, nature and function ecosystem that existed immediately prior to the mining operations.
Section 4. The use of land approved by this special permit shall be in place within twelve (12) months of the effective date of this resolution. If such land use is not in place within (12) months of the effective date of this resolution, conditionally approving such special permit is thereby revoked and of no force and effect.
Section 5. All resolutions in conflict with this resolution are hereby repealed to the extent of such conflict.
Section 6. This resolution shall become effective upon adoption by the Board of County Commissioners.
PASSED AND DULY ADOPTED in regular session with a quorum present and voting, by the Board of County Commissioners, this 2nd day of June, 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST: GILCHRIST COUNTY, FLORIDA:
/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair
The Board recessed at 4:50 p.m. and reconvened at the Trenton High School Auditorium at 5:15 p.m.
Chairman Suggs announced that this would be the first reading of the proposed ordinance which would impose a moratorium on dairies, landfill facilities, and cellular communication towers. Chairman Suggs stated that the final reading will be conducted in a public hearing scheduled for June 16, 1997. The Chair opened the floor for discussion.
Mr. Duncan Jones, attorney, representing Ginnie Springs, stated that an issue was raised at the Board of Adjustment meeting that septic tanks could be included as a solid waste facility.
Chairman Suggs stated that it is her opinion that the moratorium should not affect septic tanks and Mr. Goldberg, special attorney for the Board, stated that he would revise the moratorium so that it excludes septic tanks.
Mr. Svenn Lindskold stated that he is in support of the moratorium. He added that he feels a committee is needed to evaluate the tax appraisals which should be reported back to the property appraiser and commissioners.
Mr. Ken Frey stated that he recently spent time with representatives from DEP regarding the current problems facing the county. DEP has no regulatory power and bases their activities on opinion. Mr. Frey suggested that the moratorium give the county regulatory authority. Chairman Suggs stated that the regulatory authority should be addressed in the County's Land Development Regulations and Comprehensive Plan.
Commissioner Wilkerson asked Mr. McQueen if he had looked into the problem with the county resident using the park to cut across to access his property. Mr. McQueen stated that he referred it to Mr. Zeigler.
In regards to the Flying Harness Farms subdivision, the zoning requirement is 10 acres or more. The LDR's state the subdivision must be comprised of complete lots, however, people were deeded less than the minimum, which poses a permit problem. Mr. McQueen added that Mr. Koons is researching the problem and will report back to the Board on June 16th.
Mr. McQueen stated that funds are needed to pay for court reporter services for the Board of Adjustment hearings. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to authorize payment to VanLandingham Inc. The motion carried unanimously.
There being no further business to discuss, a motion to adjourn at 5:45 p.m. was made by Commissioner Bush, seconded by Commissioner Durden, and unanimously approved.
SUE B. SUGGS, CHAIR
JOSEPH W. GILLIAM, CLERK