MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JANUARY 3, 2000.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, January 3, 2000, at 9:00 a.m., in the County Commissioners Meeting Room, located in the Gilchrist County Courthouse, 112 South Main Street, Trenton, Florida, with the following members present to-wit:
Randy Durden, Chairman
John Rance Thomas
Commissioner Suggs was not present due to scheduled surgery for her father.
Others in attendance were: Joseph W. Gilliam, Clerk of Circuit Court, Sam Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Deputy Clerk, Karen Heaton, Deputy Clerk, John Ayers, Gilchrist County Journal, Jeff Jordan, Sam Ferguson, Director of Finance, Lee Shaltenbrand, Mitchell Gentry, Diane Avery, Sheriff David Turner, Ron Mills, Nathan Martin, Linda Walker, Wayne Spears, Mike Walsh, PPI, John Stevenson, PPI, Joey Mandese, PPI.
Commissioner Bush made a motion to approve the bills as submitted. The motion was seconded by Commissioner Wilkerson and unanimously approved.
Minutes of the meetings held October 18, November 1, and November 15, were unanimously approved, following a motion by Commissioner Bush, which was seconded by Commissioner Thomas.
In consideration of the Martin Luther King holiday on Monday, January 17, the Board decided to reschedule the mid month meeting for Tuesday, January 18th at 5:00 p.m. This meeting will be at the Bell Town Hall.
Budget entries O32,O34, and O36 were unanimously approved, following a motion by Commissioner Wilkerson, which was seconded by Commissioner Thomas.
Commissioner Thomas made a motion to amend the Local Housing Assistance Trust Fund (180) in the amount of $32,014.50, by resolution, which represents carry-forward from last fiscal year. The motion was seconded by Commissioner Wilkerson and unanimously approved. A copy of Resolution 00-01 is on file in the Clerk’s Office.
Commissioner Wilkerson made a motion to amend the General Fund (001) by resolution in the amount of $300.00, which represents a donation by Mr. George Buckham to the Gilchrist County Library toward flooring. The motion was seconded by Commissioner Bush and unanimously approved. A copy of Resolution 00-02 is on file in the Clerk’s Office.
Mr. Mutch reminded the board of the Special Assessment for Fire Services . The Board began the process on December 6. Mr. Mutch advised that it would be more appropriate to combine fire services and EMS at the same time.
Mr. Mutch distributed a copy of an Emergency Ordinance on Feral Cats. This ordinance was prepared because of a report that individuals from Alachua County were importing a large feral cat colony to Gilchrist County. This Ordinance would amend Ordinance 99-12 section 10-A, Control of Feral Cats, section 10-B, Removal of Feral Cats and Feral Cat Colonies. Feral cats are not domestic cats, but are cats that have gone back to the wild and are considered wild animals. This ordinance would regulate feral cat colonies locating in Gilchrist County and control those that exist. The Board suggests that the bond amount be changed from $10.00 to $50.00 for each feral cat. Commissioner Thomas made a motion to waive the requirements to advertise, pursuant to Section 125.66, Florida Statutes, and declare this an emergency ordinance to be placed on the agenda for 4:00 this afternoon. The motion was seconded by Commissioner Wilkerson and approved unanimously.
Mr. Mutch discussed the annual audit report that he has submitted to Davis, Monk & Company. A copy was provided to the Board. Included on the report was the threat of a civil rights lawsuit by Leonard Ireland, Attorney, over the denial of a permit to the Cravens. Another concern in the report was the Bradly foreclosure, even though there is no monetary liability, the county is losing one half of the money the county placed into that property. Also, the Taylor vs Robinson case was settled by the county’s insurance carrier. All of the liability was covered by the insurance.
Mr. Mutch told the Board that he plans to attend the Planning Commission meeting in regards to the land development regulations amendment on fence setbacks. He has asked the Planning Commission to reschedule this meeting for January 20, 2000 in order for him to attend.
The issue of the fire truck painting with N & J Paint and Body Shop should be resolved. Gary Martin will have the fire truck into the body shop for repairs.
Mr. Mutch reported to the Board that he had been in contact with Mr. Braswell regarding Blue Springs request to limit motorboats and powered watercraft in spring boils and runs. He advised Mr. Braswell that the Board did not wish to go forward with the ordinance proposed. Mr. Braswell said that Blue Springs, Inc. would request a time in the future to discuss this further.
They would like to have a representative from the Florida Fish and Game Conservation Commission at that time address the Board.
In the Ginnie Springs vs Gilchrist County case, Mr. Mutch has received an order denying the county’s motion for dismissal. Mr. Mutch asked the Board for its direction as to whether he should vigorously defend this case or to take a more reactive role in the litigation. The Board directed the attorney to take a reactive role.
The Animal Control Ordinance (99-12), which was passed on November 12, 1999, calls for the appointment of an animal control committee to advise the Board. Mr. Mutch suggested that the Board proceed with advertising for this committee. Commissioner Durden and Ron McQueen will establish a date for this meeting and proceed with the advertising.
Mr. Mutch informed the Board that the county has been served with a summons in the case of “Ernest Harold Fowler vs Watson, Martin, Pilcher, Morgan, Rhoden, Creager, Hickory Bluffs, Ltd., Watson and Gilchrist County”. This is a lawsuit filed against Gilchrist County by Duke Lang attorney for the Plaintiff. Fowler is suing for declaratory judgement, complaint for reformation of instruments, and for equitable relief. In this case, the county approved a subdivision known as Hickory Bluffs in Section 36, Township 8 South, Range 16 East. Fowler, who lives in Georgia, claims that he has no legal means of ingress/egress to his property adjacent to Hickory Bluffs Subdivision. Mr. Mutch suggest that the county take a passive role in this case.
Mr. Mutch advised the Board that the City of Trenton passed an ordinance opting-out of the county impact fees for roads. The city has not opted-out of the public facilities impact fee. The city expects to receive a portion of the public facilities impact fees (25%) collected within the city. Two impact fees had been collected from the City of Trenton between October 1, and November 1, 1999 during the time the city was preparing to opt-out of the county ordinance. Commissioner Wilkerson made a motion to refund the two impact fees collected from the city of Trenton. The motion was seconded by Commissioner Thomas and unanimously approved.
Mr. Mutch will prepare interlocal agreements for the collection of impact fees to present to the City of Trenton, the City of Bell, and Fanning Springs. He plans to have these at the Board meeting in February.
Title Loan Ordinance; Mr. Mutch referred to a letter from Florida Legal Services, Inc. concerning the enactment of a title loan ordinance. The ordinance would limit the amount of interest collected by Title Loan companies in Gilchrist County. Commissioner Thomas made motion to have an ordinance prepared for the mid month meeting, limiting the interest rate charged by title loan companies to 18%. The motion was seconded by Commissioner Wilkerson and passed unanimously.
The Eighth Judicial Circuit submitted three names to be approved for the conflict attorney list. A motion was made by Commissioner Wilkerson to approve Jennifer Cogdill, David P. Salter and George Nelson for the conflict attorney list. The motion was seconded by Commissioner Bush and unanimously approved.
Mr. Gilliam referred the Board to item #10 in a letter from ADG Architect Design Group. This item is in reference to actions required which includes authorization to proceed, authorization for an R.F.P. and approval of the building program, revisions and the budget. The board decided to discuss this further after meeting with the PPI Construction Management group this afternoon.
The State Attorney’s Office has requested two phone lines and one fax line be installed in their temporary office space. Mr. Gilliam stated that when they have relocated the lines they have now will be moved also and suggest one additional line will be sufficient. The Board decided to have one additional phone line installed at this time.
Mr. Gilliam and Mr. McQueen reported that there were no Y2K problems within the county offices with the exception of two laptop computers that may or may not be functional.
The Sheriff has received a bill from EMS totaling $3,227.50 for ambulance services rendered to inmates over the past months. The Sheriff’s Department does not have funds in the budget for these services this year and EMS needs the Board to authorize a write off for this bill. Commissioner Bush made a motion to write of these EMS charges of $3,227.50. The motion was seconded by Commissioner Thomas and unanimously approved.
The Municipal Code Corporation had been contracted to codify the county’s ordinances and has sent a draft for review. The county has until January 21st to make any changes, and then the codification will be printed.
Mr. Gilliam presented the following Satisfactions of Mortgages for approval by the Board.
Lela Caraway Ella Langford Helen Robinson
Mary Montgomery Roy Thomas Edward Conner
Dewey & Clara Stalvey Grace Carver Richard Douglas
Vera Strickland Mable Covington Dewey & Almenda Wright
Gladys Hilliard Barbara Hendrickson William Hines
Chairman Wilkerson made a motion to approve and have the Chairman sign the Satisfactions of Mortgages. The motion was seconded by Commissioner Thomas and the vote of the Board was unanimous.
The New Insurance Carrier PGIT has requested a member nomination to the advisory board. Mr. Gilliam told the Board that Sherree Pitzarell’s name had been submitted for this nomination.
North Central Florida Regional Planning Council advised that the need an appointment of a representative by the Board to the Economic Development Partnership. The Board decided to discuss this at the mid month meeting.
Mr. Gilliam gave the Board a copy of the expenditures for the first quarter through December 31st and a copy of the Disbursements to the Board for the Clerk’s Office for October and November.
The county was advised that the City of Trenton passed Ordinance 99-14 relating to annexation of the jail site property. The Board discussed the fact that Lee Mills is the County’s Engineer and also the engineer for the City and that there would be a conflict. Mr. Mutch suggested that a conflict engineer be hired to do this work and to confer with Mr. Mills as the City Engineer.
Mr. Gilliam reported to the Board that John Hadden has resigned to accept a position with PCS. The Three Rivers Regional Library Board had an emergency meeting and appointed Cheryl Pulliam as the acting Administrator in the interim. Sam Ferguson advised the Board that this position will be advertised and that applications will be taken until March 2000.
EMA/County Coordinator’s Report
Mr. McQueen has received a letter from the Department of Transportation regarding CR 55-A. This road was selected at random for a field survey which was conducted on December 7, 1999. This report indicated that the markers were the wrong size. Mr. McQueen will find out the requirements so that the Road Department can make the changes.
Mr. Mutch received a copy of the “Bond Issue for the Tri County Nursing Home Project” from Skip Miller the Bond Council for the Tri County Nursing Home. This copy will be on file in the Clerk’s Office.
Mr. McQueen submitted the Building Department report for the month of December. A total of $10,659.05 was collected in impact fees.
Mr. McQueen asked the Board for clarification for Holiday Leave Time. (Page 20 of the BOCC Personnel Policy). Some departments have 4 day workweeks and when there is a holiday on a Friday, these employees take the following Monday off. The Board clarified the policy to be that these departments will get paid 8 hours holiday pay for that day declared a holiday and that they would have to work the following workday.
The Board recessed for lunch at 11:45 and reconvened at 1:30 p.m.
Mr. McQueen had talked with Lee Mills regarding CR 232. The Department of Transportation requires that he must be within 25% of the material when it goes to bid. The next step will be to survey cross sections to determine the exact amount of materials. It will go to bid within the next 90 days. Mr. Mills also indicated that he will proceed with the work for the sewer line and present it to the Board. Regarding the Landfill road. The work is on schedule. Mr. Mills will prepare bids for CR 232 and CR 236.
Nathan Martin reported to the Board regarding equipment and various repairs that were made. All motor graders are all running, the bulldozer is in good repair. The parts for the dragline have been received from Ring Power and the Road Department will install the axle.
Mr. Martin asked Commissioner Thomas about the complaints received for CR 337. Individuals have complained that they are not able to pass on this road because of the ditches. After discussing the conditions of this road when it rains, Commissioner Thomas told Mr. Martin to leave the ditches as they are.
Sheriff Turner asked the Board when the Road Department would be relocated. He wanted to know when he could proceed with the building the Administration Building. He told the Board that he is under a two year time limit to begin the construction of the new Administration Building with the $500,000.00 approved from the State. If the work has not begun by this time the money might have to be forfeited. Mr. Gilliam told the Board that $200,000.00 has been budgeted for the relocation of the Road Department to the Walker Curve property.
The Sheriff told the Board that the jail inspection has been completed and that he would give a report at the mid month meeting. He did mention that the jail at present does not meet ADA requirements and they are not in compliance with the mandates for air-borne, blood-borne pathogens. The Board discussed the options and the mandates for the jail and the Sheriff’s administration building.
The Board reviewed the site plans for the Road Department, and discussed what steps would need to be taken to proceed with relocating. Joe Gilliam presented information on putting in a fuel depot. He had talked with “Fleet Manager” about setting up the fuel pumps and system for the county. This company would be able to contract with the county for this fuel facility and would keep the inventory and recording requirements. The county would have to prepare a R.F.P. for this service. The Board decided on Plan C with the change for the fuel depot outside. Commissioner Thomas made a motion to build with Plan C with the change for the fuel depot outside. The motion was seconded by Commissioner Wilkerson and unanimously approved.
Commissioner Wilkerson made a motion for the chair to work with Ron McQueen on the R.F.P. for the relocation of the Road Department project. The motion was seconded by Commissioner Bush and was unanimously approved.
The Board discussed the new Road Superintendent position. This new position would be to work with Nathan Martin and to take care of the administrative responsibilities. Commissioner Bush made a motion to advertise the job description for the Road Superintendent, seconded by Commissioner Thomas. The vote of the Board was unanimous.
The Board selected Commissioner Durden, Ron McQueen & Nathan Martin to be on the interview committee to screen the applicants.
Mitchell Gentry made a request to vacate a road, in Section 18, Township 8 South, Range 15 East. Mr. Gentry owns a majority of the property surrounding this road and now wants to permit the property. The road is an unimproved road located in an undeveloped subdivision. Mr. Gentry is requesting permission to proceed with the legal definition so that he may advertise.
Commissioner Wilkerson made a motion to proceed with the advertising. The motion was seconded by Commissioner Thomas and unanimously approved.
Diane Avery distributed information to the Board regarding equipment that she would like to purchase for the Department. Ms. Avery asked for permission from the Board to bid for the purchase of a new roll-off truck, a new loader and a recycling trailer. The recycling trailer has ten additional bins and a 2-cubic yard cardboard bin. The Board discussed the budget for Solid Waste and agreed to bid for this equipment. Commissioner Wilkerson made a motion for Commissioner Thomas to work with Ms. Avery and with Sam Ferguson on a R.F.P. The motion was seconded by Commissioner Bush and the vote of the Board was unanimous.
Sheriff Turner presented the Board with a check in the amount of $21,027.23 for the housing of federal inmates for November and December.
Sheriff Turner also requested that the Board repair one of the shower stalls at the jail. Commissioner Durden told Wayne Spears to get an estimate for this project.
John Stevenson, Mike Walsh, and Joey Mandese with PPI Construction Management gave a power point presentation to the Board regarding Construction Delivery Options & The Construction Management at Risk Process. This presentation was made in regards to the Judicial Facility that the county is planning.
PUBLIC HEARING - ORDINANCE 00-1 / Feral Cats
Mr. Mutch presented the Board with a modification of the short title of this Ordinance 00-1, an emergency ordinance, amending ordinance 99-12. Mr. Mutch stated that on a four fifths vote earlier today this ordinance was declared an emergency. According to Section 125.66, the Board immediately enacted Ordinance 00-1 because it was necessary for the protection of the health, safety and welfare of Gilchrist County. Mr. Mutch provided copies of the following changes:
Amend 10-B to include a section “C”.
(c)The Board of County Commissioner shall retain the posted bond until final determination is made by the Board of County Commissioners. The Board of County Commissioners may charge any costs incurred by the county against any bond held.
D. Ordinance 99-12 is amended to include a new Section 21-A which shall read as follows:
Gilchrist County may bring a civil action in any court of competent jurisdiction to enforce or administer this ordinance including seeking a temporary or permanent injunction when a caregiver or animal owner is believed to be in violation of this ordinance. Gilchrist County shall be entitled to an award of costs and reasonable attorney’s fees, including appellate fees and costs, in any action successfully enforcing the terms of this ordinance. In addition to any civil remedy available to Gilchrist County under this ordinance, the violation of any part of this ordinance shall be a second degree misdemeanor punishable in the manner provided by general Florida law.
Commissioner Bush made a motion to accept Ordinance 00-1. The motion was seconded by Commissioner Thomas and unanimously approved.
A motion was made by Commissioner Thomas to proceed with the services outlined in the Owner/Architect Agreement for the Judicial Building, issuance of an R.F.P. for Construction Manager and to approve the building program, revisions and budget submitted by Architects Design Group, Inc.. The motion was seconded by Commissioner Bush and unanimously approved.
Mr. Gilliam told the Board that the remaining balances owed to N & J Paint and Body Shop, Inc. for the fire truck are $1,511.00 for the paint job and $7,007.11 for repairs. His recommendation is to pay the $1,511.00 for the paint job and pay the $7,007.11 after all repairs are completed and a release is signed. Commissioner Thomas made a motion to pay the $1,511.00 for the paint job. Commissioner Bush seconded the motion and it was unanimously approved.
Commissioner Bush had a request from an individual to start a private cemetery for the indigent at their own expense. The board discussed the issues of zoning and bond requirements. Commissioner Bush will find out more details.
Commissioner Bush asked Mr. McQueen about the status of the realignment of the road by the peanut plant off of ST RD 26. There will be left turn lanes put in at the Lancaster Correctional Institution. There are not plans at this time to realign the road.
Commissioner Thomas brought to the attention of the Board that EMS needs a plan during the closing of CR 340. This is a main route for EMS and they will need an alternative route. Mr. McQueen will ask Linda Walker to have a report for the mid-month meeting to determine what the call load is.
Mr. McQueen told the Board that the position for the planner has been advertised. Because of the holidays, Mr. McQueen also request an extension of time to take applications. The Board agreed to extend the time.
Commissioner Durden gave the Board a list of the assignments to the following committees:
Transportation for Disadvantaged Sue Suggs
Suwannee River Economic Council John Thomas
Three Rivers Regional Library Randy Durden
Natures Coast Greenway Wilbur Bush
Chamber of Commerce Randy Durden
Industrial Development Authority Randy Durden
Economic Development Council Sue Suggs
Small County Coalition Sue Suggs, John Thomas
Suwannee River Water Management Freddie Wilkerson
Regional Planning Council Freddie Wilkerson
Wages Board Wilbur Bush
Corrections Committee Randy Durden
Public Safety Randy Durden
Commissioner Durden assigned the following departments to Commissioners:
General Government Randy Durden
Road Department Sue Suggs
Parks, Building & Zoning John Thomas
EMS & Fire Wilbur Bush
Solid Waste, County Ext. Freddie Wilkerson
There being no further business to discuss, a motion was made by Commissioner Wilkerson to adjourn at 5:35 p.m. The motion was seconded by Commissioner Thomas and unanimously approved.
RANDY DURDEN, CHAIR
JOSEPH W. GILLIAM, CLERK