MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD MAY 15, 2000.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, May 15, 2000, at 4:30 p.m. in Bell City Hall, located in the Bell Train Depot at 3240 W. Rail Road Lane, Bell, Florida, with the following members present to-wit:
Randy Durden, Chairman
Sue B. Suggs
John Rance Thomas
Others in attendance were: Joseph W. Gilliam, Clerk of Court, Sam Mutch, County Attorney, Sam Ferguson, Director of Finance, Karen Heaton, Deputy Clerk, Ron McQueen, County Coordinator, Stephen Quina, Sr., Jeff Jordan, Arthur McQuillan, Carmen Blake, Joy Chickering, Jerome Blake, Bryan Harms, Greg Durrance, Adam Durrance, John Langford, John Langford, Jr., Donald Durrance.
Amendments to Agenda:
1) Sheriff Turner, 5:15 p.m.
Bills, Budget Entries and Minutes:
Budget Entry BE092 / Resolution 00-20 - This resolution amends the Transportation Trust Fund (140) by a decrease of $66,688 which represents a portion of the Constitutional Gas Tax that the State Board of Administration administers for the Road and Bridge Revenue Bond. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve Budget 092 by resolution. The motion carried unanimously. (A copy of Resolution 00-20 is on file in the Clerk’s Office.)
Budget Entry BE021 / Resolution 00-21 - This resolution amends the Fine and Forfeiture Fund (150) with a decreased amount of $2,504.69. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve budget entry BEO21 by resolution. The motion carried unanimously. (A copy of Resolution 00-21 is on file in the Clerk’s Office)
Budget Entry BEO17 / Resolution 00-22 - This resolution amends the Court Facilities Trust Fund (125) with a decreased amount of $99.42. Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve Budget Entry BEO 17 by resolution. The motion carried unanimously. (A copy of Resolution 00-22 is on file in the Clerk’s Office.)
Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve budget entries BEO91, 93, 94, 95, 96, 97, 98 & 99. The motion carried unanimously.
Motion by Commissioner Bush, seconded Commissioner Wilkerson, to approve minutes of the April 17, 2000. The motion carried unanimously.
Asbestos Survey - The architect for the Courthouse renovations has notified Mr. Gilliam that an asbestos survey is required to be completed prior to the renovations. Mr. Gilliam obtained a quote from Preferred Building Solutions, Inc. in the amount of $1,905 for the site visit and the survey. A copy of the proposed contract was provided for approval by the Board. Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve the contract and the expenditure to Preferred Building Solutions, Inc. for the asbestos survey subject to approval by the County Attorney. The motion carried unanimously.
Trenton Church of Christ Building - Mr. Gilliam received a response from the Elders of the Trenton Church of Christ in regards to the proposed contract for the purchase of the building. Mr. Gilliam asked direction from the Board in making the counter offer. The Board discussed using this building as an assembly room or a Board room. Motion by Commissioner Suggs, seconded by Commissioner Bush, to come back with a counter offer on the Church of Christ Building. The motion carried unanimously.
Hazardous Materials Cost Recovery Ordinance - Mr. Mutch will prepare the interlocal agreement with the three municipalities.
Ginnie Springs III vs. Gilchrist County - Mr. Mutch will meet with the attorney for Ginnie Springs and the Watson Dairy on Wednesday, May 17, 2000 at 5:00 p.m. The County has been served with Interrogatories, requests for admissions and demand for production.
Fowler Litigation - All of the parties have been ordered to mediation with Buzzy Green. There are about eight (8) different parties in this case.
Owner/Construction Manager Agreement - (PPI Contract), Kim Yozgatt has reviewed the contract and has a few modifications. He will meet with Joe Gilliam and Ron McQueen to review the contract before it comes before the Board. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve the PPI Contract subject to the meeting with PPI, the Attorney, Commissioner Durden, Ron McQueen and Joe Gilliam. The motion carried unanimously.
Impact Fees - Mr. Mutch has prepared and included a memorandum in his report on how impact fees can be expended. It was his conclusion that portions of the repaving can be funded by impact fees.
FRDAP Contract - Summit Professional Services has requested that the County enter into a contract with them on a FRDAP grant contingent upon the grant being approved. Mr. McQueen contacted The Department of Environmental Protection in regards to the Grant. This grant has been approved but is not effective until July 15th.
Tipping Fees - After conferring with the department manager of the Solid Waste Department, Mr. Mutch has prepared a resolution to increase the tipping fees.
Outdoor Festival Ordinance - Mr. Mutch provided copies of the ordinance for “festivals” for the Board to review prior to hearing a request to serve alcoholic beverages at an outdoor festival.
Ring Power Issue - Mr. Mutch included a copy of a letter sent to Ring Power concerning the issue of payment of the front end alignment for the Waccasassa Fire Engine.
Exemption for Storage Mobile Home on Property of Joy Chickering - Mr. Mutch included a copy of the memorandum concerning the issue of tax exemption for a mobile home used for storage on the Chickering property. Under the special assessment ordinance, the Board of County Commissioners could not return any monies paid or exempt Ms. Chickering from payment of any special assessment which was not challenged prior to March 1, 2000. Any action on this assessment would be the responsibility of the Tax Collector and/or the Property Appraiser.
Written Opinion on Impact Fee Payment for Russell Jones - The issue is whether or not Mr. Jones had been paying the assessments for the accessory buildings that he says that he needs credit for in order not to pay impact fees. If he could show that he had paid the assessments in the past, this could be considered a replacement. If not, he could not say that this is adequate defense for not paying the impact fee.
EMA / County Coordinator:
Impact Fee / Floyd Thompson - Ron McQueen informed the Board that Mr. Thompson is currently building a home near Bell. He had paid the impact fee in 1998 when he constructed a barn which had an apartment in it. He has recently paid the impact fee a second time for the home he is building at this time. It was brought to Mr. McQueen’s attention that the property was not assessed correctly in 1998 as the Property Appraiser’s Office was not aware that the barn contained an apartment. They were told by a neighbor that this place was used for storage only. Mr. McQueen conferred with Mr. Mutch and asked the Board’s approval to notify Mr. Thompson that if he will pay the special assessment and the arrears, the impact fee will be refunded. The Board agreed.
The Board reviewed Resolution 00-23. This resolution adopts the North Central Florida Economic Development District Comprehensive Economic Development Strategy 1999 Annual Report, as prepared by the North Central Florida Regional Planning Council.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve Resolution 00-23. The motion carried unanimously.
(A copy of Resolution 00-23 is attached and made a part of these minutes.)
SHIP Loans -
1) James Johnson, Very Low Income, Capital City Bank $22,500. Recommended for approval subject to land transaction being recorded in the official records. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the SHIP Loan for James Johnson. The motion carried unanimously.
2) Angela Jordan, Low Income, Capital City Bank, $17,500. Recommended for approval subject to building inspection report. Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the SHIP Loan for Angela Jordan. The motion carried unanimously.
3) Maxine Grimes, Very Low Income, Chase Manhattan Mtg., $22,500. Recommended for approval subject to building inspection report. (Commissioner Bush filed a conflict of interest for this vote. The individual is purchasing this home from his father-in-law.) Motion by Commissioner Wilkerson, seconded by Commissioner Suggs, to approve the SHIP Loan for Maxine Grimes. The motion carried unanimously with Commissioner Bush being absent.
Courthouse Renovations - Mr. Gilliam referred the Board to a memorandum from Representative Janegale Boyd notifying him that $500,000 of the amount requested for the Gilchrist County Courthouse Renovations is included in the General Appropriations Conference Report for the 2000-2001 fiscal year.
Tax Sale for Property - Mr. Gilliam informed the Board that there is an individual interested in two parcels of property available for sale by the County from the tax deeds sale. He explained that the delinquent taxes due on this property in 1996 totaled $7,730.48. In 1999 the delinquent taxes due totaled $9,996. The accumulated interest to date is $4,754.36. Mr. Gilliam suggest that the Board waive the interest on these parcels in order to sell it at a price that this person would be willing to pay. This would bring this property back to being tax paying parcels. Motion by Commissioner Bush, seconded by Commissioner Thomas, to waive the interest on this property. The Board discussed the variables of waiving the interest, including making this a productive parcel for the County. It is not known at this time the location of this property or how many acres are in the parcels. Mr. Gilliam stated that the assessed value is approximately $12,000 for both parcels. Motion by Commissioner Thomas, seconded by Commissioner Suggs to table the original motion until June 5, 2000. The motion carried unanimously. (The item will be brought to the Board on June 5, 2000 during the Clerk’s report.)
EMA / County Coordinator:
Drought Situation - There have been a lot of problems throughout the County with wells. The County has also been affected because of the lowering of water tables. The County has two site locations with well problems.
Wayne Spears came before the Board to explain that the EMS station well is not producing enough water to furnish the pump and the equipment. He stated that it would be necessary to change the well to a 2 inch well. Mr. Spears obtained an estimate from Cannon’s Well Drilling in the amount of $1,500 to put in a two inch pipe. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve the proposal from Cannon’s Well Drilling in the amount of $1,500 for the EMS station in Bell. Commissioner Suggs stated for the record that the Board is waiving the requirements to bid due to this being an emergency situation for the EMS station. The motion carried unanimously. (The funding may come from Reserve if necessary)
Mr. Spears explained that the well at Hart Springs has a 7 ½ horsepower pump that is going out. He obtained an estimate from Cannon’s Well Drilling in the amount of $4,000 to put in a 7 ½ horsepower sub pump and control box. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve the proposal to Cannon’s Well Drilling. The motion carried unanimously.
Stephen Quina, Sr. - Ron McQueen introduced Mr. Quina and explained that he was present tonight to address the subdivision requirements recently passed. Mr. Quina explained to the Board that he has had his home on the market for sale for the past 4 years and finally had some individuals that were interested in it. This home and property is located in an A-2 area. The sale would be contingent on subdividing the 80 acres. This would be a major subdivision and would require paving the subdivision and the access road. The access roads to his property are two (2) miles each. The Board discussed the location of Mr. Quina’s property and options to dividing the land.
Mr. Mutch stated that Mr. Quina would be required to go before the Planning and Zoning Board to petition a change in the Ordinance and then come before the Board of Commissioners again. Ron McQueen indicated that he would take care of the petition for him.
Public Hearing / Misty Meadows:
Ted Burt came before the Board to present the preliminary plat for Misty Meadows. This is a minor subdivision located in Section 8, Township 8 South, Range 15 East. The plat was completed by Pardue Land Surveying. The Board reviewed and discussed the plat submitted. Motion by Commissioner Thomas, seconded by Commissioner Wilkerson to approve the preliminary plat for Misty Meadows. The motion carried unanimously.
Public Hearing / Rolling Meadows:
Mr. Burt was also present for the preliminary plat for Rolling Meadows. This subdivision is in Section 8, Township 8 South, Range 15 East on NW 15th Avenue and CR 340. This is a minor subdivision containing 4 lots. The Board reviewed and discussed the plat submitted. Motion by Commissioner Thomas, seconded by Commissioner Bush, to approve the plat for Rolling Meadows. The motion carried unanimously.
Summit Professional Services / CDBG / Bid Award:
Mr. Gilliam referred the Board to the Notice of Award received from Summit Professional Services. This is for the 1998 Neighborhood Revitalization CDBG project (Sun n Fun). The bids submitted were as follows:
1) White Construction $ 793,056.85
2) Hipp Construction 754,591.80
3) Ellington Construction 424,894.55
4) V.E. Whitehurst & Sons 628,885.40
5) Anderson Columbia 543,019.49
6) Watson Construction 1,196,308.00
Mr. McQueen stated that Ellington Construction is from Lake Butler and is recommended by Summit. Ellington Construction is the low bidder and the only one within the range of the grant amount of $450,000 available. Motion by Commissioner Bush, seconded by Commissioner Thomas, to accept the low bid from Ellington Construction for $424,894.55. The motion carried with Commissioner Suggs voting “No.”
Public Hearing / Rockbluff Springs:
This subdivision is located in Section 9, Township 8 South, Range 14 East. This is directly across from the intersection of CR 341 and CR 340. Mr. McQueen explained that in the predevelopment conference an area of concern was that a portion of this plat was in the flood plain (ESA 2). There is an existing house on Lot #1.
Brian Harms was present to address the Board for this subdivision. Mr. Harms stated that he is a partner with Houlihan Brothers, the developers of this property. He states that there are deed restrictions on this property and construction is restricted from the 100 year flood plain. The Board reviewed and discussed the plat submitted. Motion by Commissioner Bush, seconded by Commissioner Thomas, to table the Rock Bluff Springs preliminary plat until the meeting scheduled June 19, 2000. The motion carried unanimously.
The meeting was recessed at 6:45 p.m.
The meeting reconvened at 7:50 p.m.
Public Hearing / Tipping Fees:
(A notice of public hearing for Resolution 00-19 appeared in the May 11, 2000 edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)
Chairman Durden opened the public hearing at 7:50 p.m. and read the short title of Resolution 00-19. Sam Mutch stated that he, Diane Avery and Ron McQueen had reviewed the resolution and made modifications. The resolution includes the following rates for tipping fees effective July 1, 2000:
1. Users of the solid waste collection sites shall pay $55 per ton for construction and demolition solid waste (clean).
2. Users of the solid waste collection sites shall pay $55 per ton for regular solid waste (unmixed) and all non-hazardous solid waste products.
3. Users of the solid waste collection sites shall pay $10 per ton for yard waste.
4. Users of the solid waste collection sites shall pay $225 per ton for any mixed construction and demolition solid waste with any other type of solid waste.
5. Users of the solid waste collection sites shall pay $120 per ton for tires.
6. Users of the solid waste collection sites shall pay $0.50 per bag up to ten (10) bags per trip for the drop-off of bagged solid waste (unmixed). If more than ten (10) bags, then all bags will be weighed and charged on a weight bases of $55 per ton.
Motion by Commissioner Wilkerson, seconded by Commissioner Thomas, to adopt Resolution 00-19 with the modifications indicated. The motion carried unanimously.
(A copy of Resolution 00-19 is attached and made a part of these minutes.)
Public Hearing / LDR 00-3 / Subdivision Standards, Gilchrist County Board of County Commissioners:
(A notice of public hearing for Ordinance 00-10 appeared in the May 04, 2000 edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)
Commissioner Durden opened the public hearing for LDR 00-3 and Sam Mutch read the Short Title Ordinance 00-10 amending Ordinance No. 93-04.
Mr. Mutch explained that the County Engineer, Lee Mills, has suggested that the standards used in the existing LDR’s were out of date and not in common practice. The Florida Department of Transportation Manual of Uniform Minium Standards for Design, Construction and Maintenance for Streets and Highways had been amended. The ordinance was prepared by the North Central Florida Planning Council.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve Ordinance 00-10. The motion carried unanimously.
(A copy of Ordinance 00-10 is attached and made a part of these minutes.)
Public Hearing / County Policies and Procedures:
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson to table the public hearing for Policies and Procedures until the June 5, 2000 meeting at 5:00 p.m. The motion carried unanimously.
Public Hearing / Fire Special Assessment:
Joe Gilliam explained that he had prepared comparison charts since the last meeting. These charts indicated the projected fees for residential, agricultural and commercial. He did not have them available at this time but would have them at the next meeting.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to table the public hearing for Fire Special Assessment until June 5, 2000 at 5:30 p.m.
Fuel Sources - Wayne Gothard reported to the Board that the Road Department has been having difficulty obtaining fuel. The United Fuel Depot in Trenton has closed and that the B.P. station in Trenton at times has run out of fuel. The United Fuel Depot in Chiefland has not been cooperative. Mr. Gothard suggest that an alternative to buying bulk diesel be considered.
The Board discussed having the fuel delivered by truck. Sam Ferguson will contact Fuel Man and obtain information on delivery of fuel.
Commissioner Suggs explained that before the County can proceed with planned fuel station for the Road Department, a Surface Water Monitoring Survey will be required. Ron McQueen will consult with Mill’s Engineering on the requirements for this site plan.
Wayne Gothard / Full-Time Position - Commissioner Suggs recommends that Wayne Gothard’s position as supervisor be made permanent. He has been in this position for three (3) months. Commissioner Suggs also recommends that his salary be increased $1.00 per hour. This would bring his annual salary to $25,200.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to make Wayne Gothard’s position full time with a raise to $25,000 annually. The motion carried unanimously.
Sheriff Turner submitted the May 2000 monthly report for the Sheriff’s Office.
Sheriff Turner request authorization from the Board for the Chair to sign a letter of intent for the COPS Grant. He explained that this grant is excessive monies that are used to increase the number of law enforcement officers on the street. He further explained that as the County grows there is a need for additional personnel. The deadline for the application and letter of intent is May 30, 2000.
Chairman Durden explained to the Board that he did not want to sign the letter with out the Board’s approval. The letter submitted for his signature states that when the grant runs out, the Board of Commissioners would continue to fund these positions.
The Board asked the Sheriff if they would have to commit to funding those positions. Sheriff Turner stated that this was just a letter of intent not a contract. The Board discussed the grant and the availability of funds for the two additional positions after the COPS grant runs out.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to not sign the letter of intent. The motion carried unanimously.
Sheriff Turner reported that most of the repairs have been completed at the jail. The louvers have been ordered.
Trenton Fire Contract:
Ron McQueen discussed the fire contract with the City of Trenton. He does not believe that the contract includes specifics on services provided for the money. Section #6 is not complete. The Board reviewed the contract and discussed the training provided by the County. Mr. McQueen recommends that the Contract be more modified.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to authorize Ron McQueen and Commissioner Bush to meet with the City of Trenton to discuss these details. The motion carried unanimously.
EMA / County Coordinator:
Mid-Month Meetings - Mr. McQueen brought it to the Boards attention that there have been difficulties in having the mid-month meeting in Bell. There have been problems concerning advertising and having information available to the Board, particularly Planning and Zoning items. After discussion, the Board decided to keep the mid-month meeting in Bell.
County Rural Development - Dixie, Gilchrist and Levy County met on the County Rural Development Action Plan for Economic Development with Jim Brantly. It is their intent to provide items for the Board of Commissioners to vote on at the next mid-month meeting. They will also provide recommendations for appointments to these committees.
Land Acquisition for Hart Springs - The County will have 40 acres appraised, directly east of the site. Water Management will purchase 116 acres that will provide linkage.
“ISTEA” Funding - There have been no written applications received for the “ISTEA” funding. The deadline is June 15th. The City of Fanning Springs has made a verbal request. With the increased traffic on HWY 19, they will need to do an overpass when the Geenways is completed.
Governor’s Hurricane Conference - The Board viewed a video on “ZORRO”, the 2000 State Wide Hurricane Exercise.
Hart Springs Park Policy -
At the Meeting of May 1, 2000, the Board approved waiving the admission fees to Hart Springs for the High School Seniors cookout. It was mentioned at that time that it was the policy to waive the fees for all county school groups.
To clarify the policy, Mr. Gilliam provided the Board with a copy of the minutes of September 19, 1998. The policy adopted stated that the fees would be waived for all Gilchrist County
School groups visiting the park for educational purposes. All other county school groups (i.e. football teams, FFA clubs, etc.) visiting the park for non-educational purposes will be charged half the admission rate in effect.
The Board discussed item #6 of the policy, which states “The manager will have the discretion to reduce or waive camping fees for groups willing to offer their services for cleaning, etc.” The Board discussed the issue of liability and worker’s comp for those who would be helping in the park in lieu of payment for camping. The Board agreed that this should not be at the manager’s discretion. Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to change Item #6 to state “It will be at the discretion of the Board of County Commissioners and not the manager to reduce or waive camping fees for groups willing to offer their services for cleaning, etc.” The motion carried unanimously.
Septic Tank Repair - Commissioner Durden asked the status of the septic tank repair at Hart Springs. He explained that Mr. Sifferlen had submitted a purchase order over a month ago for this repair and that it has not been done. Mr. McQueen will contact Mr. Sifferlen and find out the reason this has not been done.
Campers - Commissioner Durden mentioned that he had reports of certain campers that have been camping at Hart Springs for approximately six (6) months and they are running a sign shop from there. He was told that they are not paying the camping fees for they agreed to build some signs for Hart Springs. Mr. McQueen will contact Mr. Sifferlen to verify this information.
Managers Dogs - An issue has also been brought to the attention of the Board that Mr. Sifferlen’s dogs have been allowed to run free in the park and to be inside the residence. The Board agreed that the dogs should not be allowed in the residence and they should be kept inside the pen. Mr. McQueen will contact Mr. Sifferlen concerning this matter.
Meridian Health Care - At the May 1, 2000 meeting, the Board approved Carol Hyde as representative for Gilchrist County to the Meridian Health Care Board of Directors. Mr. Gilliam was notified that one additional recommendation is requested from the Board.
Proclamation 00-02 / Pledge of Civility -
A letter was received from the Florida Bar with a request that the Board of County Commissioners proclaim the month of May as Civility Month.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve Proclamation 00-02 . The motion carried unanimously.
(A copy of Proclamation 00-02 is attached and made part of these minutes.)
ADG Invoice - Joe Gilliam referred the Board to an invoice submitted by the Architects Design Group, Inc. in the amount of $2,90.54. This invoice includes 5% additional for the “master planning” and the “schematic design phase.”
Motion by Commissioner Bush, seconded by Commissioner Thomas, to approve payment of the invoice to ADG. The motion carried unanimously.
Regional Trauma Response Board - A request was received from North Central Florida Health Planning Council, Inc. for the Commission to appoint a representatives to the Regional Trauma Response Board.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to appoint Linda Walker as representative to this Board. The motion carried unanimously.
Rolling Oaks Subdivision - Commissioner Bush and Ron McQueen have been contacted by Mary Myers who resides in the Rolling Oaks Subdivision with a complaint about a special use permit. A special use permit was issued for a second trailer on a lot within the subdivision. Ms. Myers contends that there are deed restrictions for the lots in the subdivision and that the mobile home should not be placed there without permission from the “Homeowners Subdivision.” Mr. McQueen informed her that the County is not responsible for enforcing deed restrictions.
After discussion by the Board, Commissioner Wilkerson requested that Sam Mutch contact Ms. Myers to explain to her that this is a civil issue and not an issue for the Commission.
There being no further business to discuss, Chairman Durden adjourned the meeting at 9:45 p.m.
JOSEPH W. GILLIAM, CLERK RANDY DURDEN, CHAIR