MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JULY 15, 2002.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, July 15, 2002 at 3:00 p.m. in the courtroom, located in the Gilchrist County Courthouse, 112 South Main Street, Trenton, Florida, with the following members present to-wit:
Commissioner John Rance Thomas, Chairman
Commissioner Wilbur Bush, Vice Chairman
Commissioner Randy Durden
Commissioner Sue Suggs
Commissioner Fred Wilkerson
Others in attendance were: Joseph W. Gilliam, Clerk of Court, John McPherson, County Attorney, Karen Heaton, Deputy Clerk, Sam Ferguson, Director of Finance, Ron McQueen, EMA/County Coordinator, Ben Chumley, County Planner, Constance Heuss, Delight Curtis, Richard Esseck, Lisa Rhan, John Ayers, Lee Schaltenbrand, Terry Parrish, Wilbur Thomas, Sheree Lancaster, Daniel Slaughter, Bill Rhan, Jackie Hague.
Call to Order:
Chairman Thomas called the meeting to order at 3:00 p.m. Chairman Thomas delivered the Invocation and Commissioner Durden led the Pledge of Allegiance.
Additions: Budget Entries #BE2-072 and #BE2-073 (Consent Agenda)
1. Budget Entry #BE2-071
2. Minutes: Regular Meeting, July 1, 2002
Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the Consent Agenda with the addition of budget entries #BE2-072 and #BE2-073. The motion carried unanimously.
Ordinance, S.H.I.P. Program – Mr. McPherson requested a public hearing be scheduled to adopt an ordinance relating to the S.H.I.P. Program. He explained the S.H.I.P. ordinance was inadvertently left out of the Code of Ordinances. Motion by Commissioner Durden, seconded by Commissioner Bush to schedule the proposed ordinance on the August 5th agenda. The motion carried unanimously. (1/086)
Comprehensive Plan, EAR Amendments – The Planning and Zoning Board held another public hearing on July 11th to review the proposed amendments. After the Planning and Zoning Board completes it’s review, the amendments will be brought before the County Commission. (1/130)
Aderholt Roadway – To date, Mr. McPherson has not received a response from Mr. Aderholt’s attorney regarding the re-alignment of the road through Mr. Aderholt’s property. (1/140)
City of Trenton, Solid Waste Special Assessment – Mr. McPherson referred to a copy of a letter addressed to Mayor Pete Randolph concerning the Solid Waste Special Assessment. Mr. McPherson, along with Mr. Gilliam, Commissioner Durden and Ron McQueen, attended the Trenton City Commission meeting on July 1st and presented additional information. At that time, the City Commission decided not to take any action attempting to opt out of the special assessment but decided to ask the Attorney General for an opinion in this matter. Mr. McPherson stated he will contact Mr. Lang, City Attorney to obtain a copy of the request and he will contact the Attorney General’s Office to find out if the County may submit a copy of the letter relating the County’s opinion. (1/143)
Rural Development Loan – Mr. McPherson reported he has submitted the materials to Mr. Nichols, U.S.D.A. for the Rural Development Loan. (1/190)
Ginnie Springs v. Gilchrist County – Case No. 99-181: No activity
Gilchrist County vs. City of Trenton CRA – Mr. McPherson reported that he has received all of the requested materials regarding the Community Redevelopment Agency except the tapes. Mr. Gilliam advised he was contacted about the tapes and they will be forthcoming. After discussion, the Board asked Mr. McPherson to wait until after the joint meeting to proceed any further with the case. (1/207)
The Estate of Julee Guerra, Stanley Guerra and Debra Guerra v. Gilchrist County Sheriff’s Office, Gilchrist County, FDOT, and Deputy Darrell Rhoten – Mr. McPherson advised a notice of claim has been received in this potential litigation and was forwarded to the County’s insurance carrier. A public records request was also received for EMS records. It was determined that these records are confidential and should not be provided. (1/320)
Verified Complaint, Motorcycle Track – Mr. McPherson advised a Verified Complaint has been received concerning the special exception for the motorcycle track. He will prepare a response for the Board’s review at the August 5th meeting. (1/339)
Final Orders, Board of Adjustment – Mr. McPherson discussed the procedures to be followed for special exceptions and special permits. He explained that in quasi judicial hearings, the end result is typically recorded as a final order rather than a resolution. He suggested that he prepare a draft final order for each application prior to the public hearing. The draft will include a list of standards which apply to the application. As the Commission listens to the evidence, a finding must be reached for each of the standards and included in the motion. To approve the application, all standards must be met. (1/473)
Joint Meeting with the City of Trenton – Mr. Gilliam advised the joint meeting with the City of Trenton has been scheduled July 30, 2002 at 6:30 p.m. in the courtroom. The Board agreed to include the following items on the agenda for the joint meeting: 1) Fire Services, 2) Downtown Redevelopment, 3) Dispatch / Law Enforcement, 4) Judicial Complex / Church Building Requirement, 5) Sewer to Jail and 6) Animal Control. (1/952)
Judicial Complex Update – Mr. Gilliam advised A.D.G. is still working on the exterior design of the Judicial Complex. At the July 1st meeting, the Board approved payment to A.D.G. in the amount of $44,386.21 pending approval from U.S.D.A. Mr. Gilliam explained Mr. Nichols advised him that signatures will need to be included on all of the invoices and that these invoices may be submitted for reimbursement after closing on the loan. Motion by Commissioner Suggs, seconded by Commissioner Durden, to authorize the Chairman’s signature and payment of the invoice. The motion carried unanimously. (1/1130)
Ninth-Cent Fuel Tax Expiration – Mr. Gilliam referred to a letter from the Department of Revenue regarding the Ninth-cent Fuel Tax. No action required. (1/1219)
Lancaster Correctional Institute, Work Squad Agreements – For the Board’s approval, Mr. Gilliam presented two (2) agreements with Lancaster Correctional Institute for inmate labor (from July 1, 2002 to June 30, 2003). Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve the contracts with Lancaster Correctional Institute. The motion carried unanimously. (1/1225)
Wilkerson House, Lease – Mr. Gilliam advised the Board that there is a need to continue the lease for the Wilkerson house until the Judicial Complex has been completed. This will provide office space for the MIS Director, the SHIP Program, depositions and hearings. Motion by Commissioner Suggs, seconded by Commissioner Durden, to extend the lease on the Wilkerson House for one year (October 1, 2002 through September 30, 2003). The motion carried unanimously. (1/1370)
Chamber of Commerce – Mr. Gilliam advised he and Commissioner Durden met with Mrs. Fletcher last week to discuss the renovations for the church building annex. Considering, they will not be able to occupy this space until the end of August or first of September, Mr. Gilliam recommended that half of the cost for the renovations be paid out of this year’s budget and the second half out of FY 2002/2003. Motion by Commissioner Suggs, seconded by Commissioner Bush, to authorize the expenditure of $5,300 out of General Revenue Reserve for the repairs and renovations. Mr. McPherson stated he will prepare a resolution establishing a public benefit in allowing the Chamber of Commerce to occupy a County owned building. The motion carried unanimously. (1/ 1526)
EMA / County Coordinator’s Report:
Hazards Analysis Contract – Mr. McQueen presented a contract with the Department of Community Affairs for Hazards Analysis. Motion by Commissioner Durden, seconded by Commissioner Bush, to accept the funding agreement with the Department of Community Affairs for the Hazards Analysis data. The motion carried unanimously. (1/1749)
Notice to Review CEMP – A notice was received from the Department of Community Affairs regarding a review of the Gilchrist County Comprehensive Emergency Management Plan (CEMP). The review is scheduled September 11th at 10:00 a.m. (1/1811)
Title IV Grants – Mr. McQueen requested authorization to submit an application for Federal funding through the Volunteer Fire Assistance Grant Program. The grant is a 50/50 match with the possibility of claiming up to 40% of the cost share back based on the number of classes the volunteer firemen have completed. Mr. McQueen stated the Departments would like to obtain a skid unit for the 5-ton truck and wild-land gear for all of the fire departments. Motion by Commissioner Durden, seconded by Commissioner Suggs, to approve the application up to a $25,000 match. The motion carried unanimously. (1/1836)
Building Department Report – Mr. McQueen presented and reviewed the Building Department report for the month of June 2002. (1/1968)
Mobile Homes 16 Total / 4 Replacements
12 Impact = $17,295.72
(Transp.= $12,857.16 / Capital = $4,438.56)
New Construction 10 Total / 4 Replacement
6 Impact = $8,647.86
(Transp.= $6,428.58 / Capital = $2,219.28)
House Move-on 0
Suwannee River Water Management District – Mr. McQueen advised there will be a meeting at the Suwannee River Water Management District on July 22nd at 4:00 p.m. This meeting will be conducted to discuss different basins including the Suwannee River. (1/2022)
Wireless Rural Grant Program – Mr. McQueen referred to a letter from the Florida Department of Management Services regarding the Wireless 911 Rural County Grant Program. He explained that Gilchrist County will receive funding in the amount of $3,000 per month. (1/2068)
Department of Transportation – Mr. McQueen presented two (2) grant agreements with the Florida Department of Transportation through the Small County Road Assistance Program for the resurfacing of County Road 337 from South of SR 26 to MP 5.298 and the resurfacing of County Road 138 from SR 49/US 129 to SR 47.
Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve Resolution 02-33. The motion carried unanimously.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, AUTHORIZING THE COUNTY TO ENTER INTO THE SMALL COUNTY ROAD ASSISTANCE PROGRAM OF THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR FUNDS FOR THE RESURFACING OF COUNTY ROAD 337 FROM SOUTH OF STATE ROAD 26 TO MP 5.298; AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE SUCH AGREEMENT; PROVIDING AN IMMEDIATE EFFECTIVE DATE.
Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve Resolution 02-32. The motion carried unanimously.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, AUTHORIZING THE COUNTY TO ENTER INTO THE SMALL COUNTY ROAD ASSISTANCE PROGRAM OF THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR FUNDS FOR THE RESURFACING OF COUNTY ROAD 138 FROM STATE ROAD 47 TO SR 49/US 129; AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE SUCH AGREEMENT; PROVIDING AN IMMEDIATE EFFECTIVE DATE.
(Resolutions 02-32 and 02-33 are on file in the Clerk’s Office.) (1/2083)
County Road 341 – Mr. McQueen advised Lee Mills has recommended the County go out for bid for the resurfacing of CR 341. Motion by Commissioner Durden, seconded by Commissioner Bush, to call for bids on CR 341 to be due August 13, 2002 at 12:00 noon. The motion carried unanimously. (1/2410)
Vacation of Utility Easement, William & Kathy Park:
Mr. Ben Chumley presented a request from William and Kathy Park for the vacation of a utility easement between Lots 1 and 2 of Ayers Meadows Subdivision. He explained that currently, there is a structure within the easement of Lots 1 and 2. Letters of no objection have been received from Florida Power Corp. and Bell South. Motion by Commissioner Bush, seconded by Commissioner Wilkerson, to approve Resolution 02-31 vacating the easement. The motion carried unanimously. (A copy of Resolution 02-31 is on file in the Clerk’s Office.) (1/2459)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA; VACATING AN EASEMENT IN THE AYERS’ MEADOWS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE.
Work Shop / Fire Special Assessments:
Mr. Gilliam recalled the fire special assessment rates proposed by Nabors & Giblin are $31 for residential units, $31 for vacant agricultural property, $.71 per acre for vacant agricultural property greater than 5 acres and $.30 per square foot up to 10,000 square feet for commercial properties. Nabors & Giblin advised Mr. Gilliam that these rates and the previous rates are the only defendable methodology they have been able to produce.
The Board discussed the proposed rates and agreed they would not be an accurate assessment of the actual fire services provided. Mr. Daniel Slaughter pointed out that with the $31 assessment, a property owner with three (3) acres of unbuildable property would be paying the same amount as a homeowner with five (5) acres of property. Commissioner Durden commented that in determining the assessment, the property use should match the use determined by the Property Appraiser. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to continue with the MSTU at 1% for FY 2002/2003. The motion carried unanimously. (1/2582)
FY 2002/2003 Proposed Budget Presentation:
Mr. Gilliam presented the proposed budget for FY 2002/2003. He stated that a majority of the budget was compiled by Sam Ferguson, Finance Director and Jacki Johnson, Accountant. Mr. Gilliam explained projected revenues have not all been made available by the Department of Revenue at this time, so the proposed budget includes current year revenues. The proposed budget is also based upon the guidelines established by the Board for a millage rate of 10 mills ($10 per $1,000) for ad valorem taxes and 1 mill ($1 per $1,000) for MSTU. The current roll back rate is 3.72% pursuant to section 200.065 F.S.
The Board scheduled the tentative budget hearing on Thursday, September 5, 2002 at 5:30 p.m. in the courtroom. Considering a conflict with the court calendar, Mr. Gilliam suggested the regular meeting on September 5th begin at 1:00 p.m. The Board agreed.
The Board also scheduled budget workshops from 4:00 p.m. to 7:00 p.m. on the following dates: July 22nd, July 29th, August 12th and August 19th. (2/1396)
Public Hearing / Special Permit 02-1, Wilbur Thomas, Sand Pit:
Mr. Chumley, presented the application for special permit submitted by Wilbur C. Thomas to allow the location of an excavating and mining operation on a parcel of land lying within Section 13, Township 8 South, and Range 14 East. Mr. Chumley stated the property is located at the intersection of HWY 129 and NW 30th Street and included 28.5 acres. The current zoning is Industrial.
The Planning and Zoning Board has recommended approval of the application with one (1) condition added that the operating hours be limited to daylight hours Monday through Saturday.
Mr. Chumley reviewed the proposed resolution and pointed out conditions in Section 5 which have been placed on other mining operations in the past.
Mrs. Sheree Lancaster, Attorney for Mr. Thomas, addressed the Board regarding the petition. She explained that the Planning and Zoning Board did address subparagraph (a). Regarding subparagraph (b), there is a proposed dumpster site on the site plan. She requested that conditions (c), (d), (e), (f) and (g) not be included in the special permit. She reviewed these conditions and explained that her client will not be required to obtain a permit from Suwannee River Water Management, (f) & (g). They request the condition for a Commercial General Liability Insurance Policy be removed, (e). Mrs. Lancaster also explained there will not be a need for a covered storage facility for a containment area, (c), and the site plan includes the proposed excavation area which meet the requirements for (d).
Chairman Thomas referred to item #7 of the resolution listing the following findings; a) A need exists for the excavation/mining operation, b) The location of the proposed excavation/mining operation on the property described below is in the public interest, and c) The application for the special permit for locating the proposed excavation/mining operation on the property described below is in compliance with the provisions of Section 14.7 of the Land Development Regulations.
The Board reviewed and discussed the proposed resolution. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve Resolution SP 02-1 granting the special permit to Mr. Wilbur C. Thomas deleting conditions (e), (f) & (g) of Section 5. The motion carried unanimously. (A copy of Resolution SP 02-1 is on file in the Clerk’s Office.) (2/1782)
RESOLUTION SP 02-1
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, GRANTING A SPECIAL PERMIT TO ALLOW THE LOCATION OF AN EXCAVATING AND MINING OPERATION ON CERTAIN LANDS WITHIN THE UNINCORPORATED 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 AND EFFECTIVE DATE.
Lisa Rhan, Request for Road Maintenance:
Mrs. Lisa Rhan, 3370 NE 53rd Terrace, appeared before the Board requesting County maintenance of NE 53rd Terrace. Mrs. Rhan submitted a written request, photographs of NE 53rd Terrace and petitions signed by residents.
Mrs. Rhan described the deterioration of the road and explained many automobiles have difficulty driving through. Also situated on the road is a disaster supply station for the United Methodist Disaster Response.
Commissioner Suggs stated that she has asked Mr. Martin to go out and look at this road. She stated the County did assist with repairs to this road on a one time basis during a State of Emergency.
Chairman Thomas explained that this is an easement and was never brought up to County standards for acceptance. Mr. McQueen stated that State law prohibits the County from working on private property. The assistance they received in the past was allowed due to the State of Emergency, the El Nino flooding. The easements are deeded to each of the landowners and the County has no right to perform the work.
The Board also heard comments from Mr. Bill Rhan, Lee Schaltenbrand and Jackie Hague. Mr. McPherson advised the Commission the County is prohibited from spending public resources on private property unless there is a finding for extraordinary circumstances. Considering the road is a private easement, the Board took no action.
There being no further business to discuss, Commissioner Durden moved to adjourn at 6:30 p.m. The motion was seconded by Commissioner Wilkerson and carried.
John Rance Thomas, Chairman
Joseph W. Gilliam, Clerk