MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JUNE 5, 2000.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, June 5, 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
Fred Wilkerson, Vice Chair
John Rance Thomas
Others in attendance were: Joseph W. Gilliam, Clerk of Circuit Court, Sam Mutch, County Attorney, Karen Heaton, Deputy Clerk, Ron McQueen, EMA/County Coordinator, Sam Ferguson, Director of Finance, David Still, Michel Kern, Aline Kazokas, John Ayers, Sable Bolling, Nathan Martin, Brian Lewis, Lee Schaltenbrand, Ron Mills, Jeff Jordan, Marvin Weaver, Greg Pealer, Gary Martin, Kevin Dowell, Warren Eminecker, Daniel Slaughter.
Amendments to Agenda:
(A copy of the Agenda and Agenda Documents are on file in the Clerk’s Office.)
Additions: 10:30 a.m. Sable Bolling / Health Department
2:30 p.m. Gary Martin / Waccasassa VFD
2:45 p.m. Hart Springs
Bills, Budget Entries and Minutes:
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the bills as submitted. The motion carried unanimously.
Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve budget entries BE100, 101, 102, 103 and 104. The motion carried unanimously.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the minutes of the May 1, 2000 meeting. The motion carried unanimously.
Hazardous Materials Cost Recovery Ordinance - Mr. Mutch will provide a copy of the Interlocal Agreement to the City of Trenton, the Town of Bell, and the City of Fanning Springs.
Ginnie Springs III vs. Gilchrist County - Mr. Mutch is compiling the discovery items requested by Ms. Patrice Boyes. Ms. Boyes has suggested that this case go to mediation which is sponsored by the Department of Community Affairs. Mr. Mutch recommends that the Board authorize himself and the Chair to communicate to Ginnie Springs that the Board of Commissioners will participate in the mediation. He also recommends that the Board appoint a member of the Commission to participate in the mediation. Motion by Commissioner Wilkerson, seconded by Commissioner Thomas, to go into mediation with Ginnie Springs and the Department of Community Affairs with Chairman Durden and Sam Mutch attending. The motion carried unanimously.
Fowler Litigation - All of the parties have been ordered to mediation with Judge Buzzy Green. A date for this mediation has not been scheduled yet. Mr. Mutch sated that his position will be that the County does not consider that to be a public right-of-way.
Owner/Construction Manager Agreement - The Owner/Construction Manager Agreement is ready to be signed. Mr. Mutch commented that he did not understand Article #7 “construction manager shall achieve substantial completion of the work by..... to be determined with approval of the Guaranteed Maximum Price.” Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to approve and authorize execution by the Chair with the provision that clarification is made to Article #7. The motion carried unanimously.
Williams / Potential Lawsuit: The County has been put on notice that the Williams family intends to file a lawsuit against the County for the accident which occurred in June of 1999. Florida League of Cities will represent the County in this case.
RingPower Issue - Mr. Mutch contacted RingPower in regards to the invoices. The maintenance manager explained that RingPower did realignment to a vehicle in addition to the work done by B & J Body Shop. The County owes $414 for this work. Mr. Mutch suggested that this amount may be reimbursable by the insurance company. Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve the payment and pursue reimbursement of this expense from the insurance company. The motion carried with Commissioner Suggs voting “no.”
Contact with Michael Borton - Mr. Mutch was contacted by Mr. Michael Borton concerning the operation of a day camp in an A2 zone. He also wanted to have an intervention program for troubled teenagers on the weekends. Mr. Mutch explained to him that he would have to go through the Planning and Zoning Board for a Special Exception.
Emergency Proclamation - Mr. Mutch prepared a Proclamation for a State of Emergency for the threat of wildfire due to the lack of rain. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the Proclamation beginning 5:30 p.m., June 5, 2000 to extend seven (7) days, with the addition that citizens voluntarily conserve water. The motion carried unanimously. (Proclamation 00-04 is attached and made a part of these minutes.)
Disbursements from the Clerk - Mr. Gilliam submitted the Disbursement Report for the months of March and April, 2000. The fees remitted are as follows:
Local Officer Training $ 368.00
Law Library 786.00
State Attorney/Public Defender 4,849.92
Court Cost 9,665.50
Court Facilities 786.00
E911 Traffic Surcharge 2,161.00
Family Mediation 174.00
Asbestos Survey - Mr. Gilliam reported that the initial site survey on the Courthouse was done on May 26, 2000 and the results are expected to be in by June 20th.
Lands Available for Sale - Two parcels of land were discussed at the meeting on May 15th. It was suggested that the interest be waived on these parcels in order to sell them and place them back on the tax roll. Mr. Gilliam provided the following information for consideration:
#1 Parcel #141016-0554-0007-0030,
Lots 8,9,10,11,12,13,14,15,16 & 17
BLK 7, Unit 4 Sun N Fun Assessed Value $14,750.00
#2 Parcel #141016-0054-0002-0080
BLK 2, Unit 4 Sun N Fun Assessed Value $ 7,375.00
Minimum bid for both parcels: $7,730.48
Taxes due: ‘97' - both parcels 458.24
‘98' - both parcels 452.16
‘99' - both parcels 455.47
Interest due through June 2000
Parcel #1 $4,754.36
Parcel #2 6,120.23
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to accept the assessed value plus back taxes for these parcels. The motion carried unanimously.
Sheriff’s Office - Sheriff Turner submitted a check in the amount of $20,658.04 for the housing of Federal inmates. (It was noted that this check is approximately twice the amount that it should be and the difference will be taken out of next months check.)
Suwannee River Water Management District:
Mr. David Still came before the Board to discuss development in the Floodway and Floodplain of both the Suwannee River and the Sante Fe River. Suwannee River Water Management District has allowed the counties to enforce their own regulatory criteria since 1986. Since then SRWMD has observed a lot of things that the counties have not been able to enforce such as erosion, construction along the river that should have been taken out, bulldozing of banks, and other things impacting the rivers. At the request of some of the local counties, SRWMD will start enforcing the current rules that have been in effect since 1986. Beginning July 1, 2000, SRWMD will require that an “Environmental Resource Permit” be obtained from the district for new development in the floodway of the Santa Fe and the Suwannee River before a building permit can be obtained from the County.
Sable Bowling/Health Department:
Ms. Sable Bolling came before the Board to discuss a proposed new Health Department Facility. Ms. Bolling is currently proceeding with a “legislative request” for the year 2001. In order to be in the ranking, the County must provide the land. The proceeds from the request may not be used to purchase the property.
This project would fall into the category of “new space needs.” The current facility does not have adequate space and the parking area is not ADA compliant. The new facility would be approximately 12,000 square feet. The legislative budget request would be between $1,300,000 and $1,560,000.
Ms. Bolling request a letter of Commitment from the County to provide the property and a letter of support for the building project. The deadline to secure the property is July 1, 2000. Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to proceed with the acquisition of the property to build a new Health Department Facility. The motion carried unanimously.
Clerk’s Report (cont.):
Revised Proposal for the Church Property - The revised proposal for the Church property has been submitted. A reply has not been received as of this date.
Purchase Order / Repair of Hardee Mower - Sam Ferguson received a purchase order from the Road Department for repairs to the Hardee Mower. The sole source vendor is the “Farm Service Store,” owned by Commissioner Bush. Motion by Commissioner Thomas, seconded by Commissioner Suggs, to approve the purchase order in the amount of $596.89 . The motion carried with Commissioner Bush abstaining from voting due to a conflict of interest. (Commissioner Bush signed form “4A”, Disclosure of Business Transaction)
Commissioner Suggs - Wayne Gothard and Buddy Ellis have reviewed the computer program that Levy County uses for their Road Department. This program cost approximately $4,000. The maintenance agreement is $1,500 annually. Commissioner Suggs will look into obtaining another computer for the Road Department that will be compatible for this program and bring back more information for the Board to consider purchasing the software.
Commissioner Suggs reported that the Road Department has found three dump trucks in Pineallis County for approximately $6,000 each.
Commissioner Suggs referred the Board to a quote from RingPower for a buy back agreement. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the buy back in the amount of $73,000 and continue the agreement with RingPower. The motion carried unanimously.
July 3rd Meeting - Due to a conflict with schedules, the Board agreed to reschedule the July 3rd meeting to July 10th and to cancel the mid month meeting scheduled on July 17th. Motion by Commissioner Wilkerson, seconded by Commissioner Thomas, to move the July 3rd meeting to the 10th and to cancel the mid month meeting. The motion carried unanimously.
Proclamation / Agriculture Appreciation Week - Commissioner Durden read Proclamation 00-03, proclaiming the week of the Suwannee River Fair and Livestock Show each year be recognized as Agricultural Appreciation Week in Gilchrist County. Motion by Commissioner Wilkerson, seconded by Commissioner Thomas, to approve the proclamation. The motion carried unanimously. (A copy of Proclamation 00-03 is attached and made a part of these minutes.)
EMA/County Coordinator Report:
Robbie Cannon / Request - Mr. McQueen received a request from Robbie Cannon, who had been out on workers comp. He had been released from workers comp to return to work but was not allowed back to duty until all proper documentation was received. Because of these circumstances he was not able to return to work for an additional eight (8) days. He is requesting that the Board consider paying him for the time lost during this time. Mr. McQueen consulted with the Labor Attorney and it was his recommendation that this request be denied as it was not the County’s policy to pay an employee for time not worked.
The Board discussed the request and the circumstances of the time lost by Mr. Cannon. Motion by Commissioner Thomas, seconded by Commissioner Suggs, to deny the request based on the advice of the Labor Attorney. The motion carried unanimously.
CR 232 & CR 236 Project - Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve and authorize the Chair to sign the contract with the Department of Transportation for the CR 232 repaving and the CR 236 Project. The motion carried unanimously.
Mills Engineering / Invoices - Mr. McQueen submitted three invoices from Mills Engineering for the following projects:
-Engineering/resurfacing of CR 232 $1,980
-Engineering/CR 341 1,890
-Preparation of drawings / NW 10th Street 11,397
-Engineering/resurfacing of CR 232 east of SR 47 8,368
Motion by Commissioner Wilkerson, seconded by Commissioner Thomas, to approve payment of the invoices to Mills Engineering. The motion carried unanimously.
The Small County Outreach Program - In addition to the “Small County Road Assistance Program,” the Florida Department of Transportation is now funding “The Small County Outreach Program” beginning in fiscal year 2000/2001. Gilchrist County has been determined to be eligible for this program.
The Department of Transportation request two (2) candidate projects from Gilchrist County by July 1, 2000. Each Commissioner will bring back recommendations at the mid month meeting to consider for this program.
Legislative Session - The Legislature attached special projects to the base grant for Emergency Management. The Florida Emergency Preparedness Association wrote a letter to the Governor stating that they were opposed to this as it would affect the base funding for small counties. Mr. McQueen requested to go on record as opposing the use of base grant funds for these projects. Gilchrist County Emergency Management currently receives $105,000 annually from the grant. Motion by Commissioner Suggs, seconded by Commissioner Thomas, to approve the request. The motion carried unanimously.
Meeting Recessed 12:00 p.m.
Meeting Reconvened at 1:15 Commissioner Suggs absent.
In Commissioner Sugg’s absence, Mr. Sam Mutch explained that she had intended to request the Board to amend the Festival Ordinance to allow selling of alcoholic beverages at a festival or event. Ordinance 99-07, Section 32 states “A person shall not enter, be or remain on any part of the premises on which an outdoor festival is conducted while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drugs. The license shall not permit any such person to enter or remain upon the licensed premises.”
Commissioner Suggs was recently contacted by Mr. Harrison Freise in regards to holding an outdoor concert. He would like to sell alcohol at the concert and a portion of the profits would be donated to “not for profit” organizations in Gilchrist County.
Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to not change the ordinance to sell alcohol. Chairman Durden recognized Mr. Brian Lewis, 8189 SE 76th Avenue, Trenton. for comments in favor of the motion. The motion carried unanimously.
Road Department Report:
Mr. Nathan Martin obtained a quote from North Florida Drilling to drill and blast the pit. The estimated costs are as follows:
152 holes $23,308.00
76 holes 13,311.00
The Board asked for clarification on the price for drilling and the price for blasting. Mr. Martin will obtain the cost for each and report back to the Board.
Commissioner’s Committee Reports:
Commissioner Wilkerson commented on repairs made to one of the loaders belonging to the Solid Waste Department.
Commissioner Bush reported that the Florida Crown Workforce will be providing a report on the amount of money each county receives through the program. He explained the program is funded through the schools by Federal funds. This program helps provide jobs for those from low-income families.
Lee Shaltenbrand/Spring Ridge VFD:
Lee Shaltenbrand request that tuition for Ron Mills to attend EMT school be paid out of the Spring Ridge VFD budget. Mr. Mills is currently a “First Responder” for the department. Motion by Commissioner Thomas, seconded by Commissioner Bush, to approve the request. The motion carried unanimously.
Ron McQueen submitted an estimate from Parrish Land Surveying in the amount of $4,675. The survey is a boundary survey for the Hart Springs Park. Motion by Commissioner Bush, seconded by Commissioner Thomas, to approve the survey. The motion carried unanimously.
Mr. McQueen informed the Board that Mr. Al Siferlen has submitted his resignation effective July 5, 2000. Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to accept his resignation effective immediately with two weeks severance pay and to give him until July 5, 2000 to vacate the residence. The motion carried unanimously.
Greg Pealer came before the Board to inquire about money that was to be put back into the Waccasassa VFD budget in the amount of $2,845.42. Gary Martin stated that this was money brought forward from last year that was encumbered for bunker gear. They wanted to know if it was paid from the current year budget or from last years budget. Mr. Gilliam explained that this amount had been paid out of the current year.
Mr. Pealer also explained that the department needs a new tank and bed for the brush truck. They had planned to use the F.E.M.A. money for this purchase. In consideration of the drought the County is experiencing, Commissioner Bush recommended that this purchase be approved. Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve the purchase with $2,000 out of the District Fire Fund. The motion carried unanimously.
Kevin Dowell / EMS:
Kevin Dowell came before the Board to request a policy change for EMS holiday time. The County Attorney explained that the Board could not hear his request without their union shop steward or the bargaining committee present.
Gilchrist County Extension Office:
Mr. Marvin Weaver came before the board to request the purchase of a new computer in the amount of $2,352. The Board discussed the computers purchased by the County and suggested that Mr. Weaver consult with Buddy Ellis and Sam Ferguson to obtain additional estimates.
Nathan Martin brought an additional quote to the Board for the drilling and blasting of the pit. The quotes are as follows:
DYNO Noble 76 holes (loading and blasting) $5,700.78
76 holes (drilling) 9,825.00
North Florida Drilling 76 holes (drilling) $7,611.00
Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve North Florida Drilling Services for $7,611. The motion carried unanimously.
Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve the blasting by DYNO Noble in the amount of $5,700.78. The motion carried unanimously.
Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to pay for these services out of the Transportation Reserve Fund. The motion carried unanimously.
Mr. Warren Eminecker requested that a meeting be called for the Animal Control Committee to determine the definition of a “Commercial Kennel.” This would set a standard in the future so that all persons owning a kennel would have the same guidelines. Mr. McQueen stated that this is a zoning issue and not necessarily an animal control issue. Commissioner Durden suggested that this issue be taken before the Planning and Zoning Board for public hearings. Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to direct the Zoning Board to determine the definition of a Kennel. The motion carried unanimously.
Meeting Recessed: 3:00 p.m.
Meeting Reconvened: 3:30 p.m. at the Gilchrist County Health Department
The Board of County Commissioners reconvened at the Gilchrist County Health Department for a tour of the facility. The following persons present: Chairman Randy Durden, Commissioners John Thomas, Wilbur Bush and Fred Wilkerson and County Attorney Sam Mutch. During the meeting, the Board of County Commissioners discussed the use of the building by the Health Department, the need for additional space for the Health Department, and the ability to convert the building for some other use by the County. No actions were taken at this meeting.
Meeting Recessed: 4:15 p.m.
Meeting Reconvened: 5:00 p.m. Commissioner Suggs returned
Public Hearing / County Policies & Procedures:
Sam Mutch presented a set of Policies & Procedures to have set in place in order to ensure that the public receives “due process.” These policies and procedures would be placed in a manual that would be used as a tool for the staff and for the public.
Motion by Commissioner Thomas, seconded by Commissioner Wilkerson, to adopt “Regular Ordinance Procedure,” Policy 00-01. The motion carried unanimously.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to adopt “Road Closings Initiated By Board of County Commissioners,” Policy 00-02. The motion carried unanimously.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to adopt “Road Closing Policy,” 00-03 changing #7 to be the “Clerk instead of the County Coordinator.” The motion carried unanimously.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, for the Clerk to be responsible to maintain the Policy and Procedures manual. The motion carried unanimously.
Sam Mutch will review the Policies and Procedures obtained from Alachua County and meet with Commissioner Thomas to draft a manual for the Board. It was suggested that policies be drafted for special exceptions and the recordings of final plats.
Extension Office / Computer Purchase:
Sam Ferguson informed the Board that he had obtained a quote for the computer Mr. Weaver requested. The total price for a “Pentium” with a 22" monitor is $1,867.00. He stated that the 22" monitor is an additional $570.00.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to deny the request and have Mr. Weaver come before the Board to explain the need for the 22" screen. The motion carried unanimously.
Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve the purchase of a computer with 19" screen. The motion carried with Commissioner Suggs voting “no”.
P.P.I. Construction Manager / Contract:
Motion by Commissioner, seconded by Commissioner Wilkerson, to approve and authorize the Chairman to sign the contract with P.P.I. Construction. The motion carried unanimously.
Public Hearing / Fire Special Assessment:
(A notice of public hearing for Fire Special Assessment appeared in the June 1, 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 5:30 p.m.
Mr. Mutch explained that the committee had been requested to prepare a report to determine the Fire Special Assessment. Since that time there have been changes in the case law. There have been three different suits filed against Madison County on their Solid Waste Assessment. In one case it was found that the special assessment passed in 1990 was done inappropriately but did not require the county to return any collected special assessments. In the other two cases it was the decision of the Court that Madison County would have to return the special assessments collected in the last four years. These assessments totaled 2.2 million dollars.
Mr. Gilliam discussed the issue with the Board and suggested that a consultant be brought in to make the recommendations on collecting fire special assessments. There are funds in the Fire Trust Fund to obtain this service.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to prepare an RFP for services to determine Fire Special Assessments. The motion carried unanimously.
Ron McQueen informed the Board that the Strategic Planning Committee will have the final meeting on Monday, June 12, 2000. This meeting will cover economic development.
Commissioner Bush received an inquiry regarding the boat ramp located on the Santa Fe River at Butler Blvd. It has been reported that a problem exist with individuals setting up stands to sell beverages at the ramp. Because of the number of vendors, people have had problems gaining access to the river with their boats. The Board determined that this is actually not a ramp but the end of a county maintained road that ends at the river. It was also decided that the Sheriff’s Office should be contacted in regards to this matter.
The Board discussed the Sheriff’s Office and the property traded with the County. Chairman Durden wanted to find out if the building and the firing range were excluded in the trade. Sam Mutch will make inquiries about the land at Walker Curve.
Commissioner Suggs will pursue the move of the Road Department to Walker Curve.
Chairman Durden recognized Jeff Jordan who commented on the recent Memorial Day parade.
Motion by Commissioner Suggs, seconded by Commissioner Thomas, to adjourn at 6:15 p.m.
RANDY DURDEN, CHAIRMAN
JOSEPH W. GILLIAM, CLERK