MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD NOVEMBER 4, 2002.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, November 4, 2002 at 1:00 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
(Commissioner Durden arrived at 5:00 p.m.)
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, Charissa Strickland, Joe Mittauer, Spence Nabors, Betty Jordan, John Deane, William Peterson, John Ayers, Busy Shires.
Call to Order:
Chairman Thomas called the meeting to order at 1:00 p.m. Commissioner Bush delivered the Invocation and Chairman Thomas led the Pledge of Allegiance.
No agenda changes were noted.
Mr. Gilliam advised Commissioner Durden is absent due to the death of his brother-in-law.
Motion by Commissioner Wilkerson, seconded by Commissioner Suggs, to accept the agenda. The motion carried unanimously.
1) Approval of Purchase Order #300291 – Bureau of Surplus Property ($18,000)
2) Approval of Minutes:
a) Budget Workshop / August 12, 2002
b) Budget Workshop / August 19, 2002
Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the Consent Agenda. The motion carried unanimously.
Ordinances – Mr. McPherson advised the amended bond ordinance and the proposed code enforcement ordinance have been scheduled for times certain this meeting. (1/090)
Bond Resolution – The amended bond resolution will be considered at a time certain this meeting with the amended bond ordinance.
Comprehensive Plan, EAR Amendments – Mr. McPherson reported the Planning and Zoning Board’s final public hearing for the EAR Amendments has been postponed again due to delays by the Regional Planning Council. (1/101)
Value Adjustment Board – Mr. McPherson advised the final orders from the Value Adjustment Board meeting have been signed by Chairman Thomas and copies have been sent to the petitioners. (1/125)
Ginnie Springs v. Gilchrist County – No Activity.
Poitevint v. Gilchrist County – Mr. McPherson advised he has filed a motion to dismiss the complaint. Mr. Poitevint’s attorney agreed the complaint is flawed and intends to file an amended complaint. The other defendants in the case have also moved to dismiss. (1/134)
Brooks and Strickland v. Aderholts and Gilchrist County – No Activity.
Mac Johnson Code Enforcement Issue – Mr. McPherson told the Board that Mr. Chumley has inspected the four properties in question and found Mr. Johnson has not taken any action to bring them up to code. Mr. McPherson advised the previous final orders were not properly recorded due to the fact they were not certified copies. He recommended that the orders be certified and re-recorded. He advised the Board then has the option to foreclose on the property in three months or to obtain a cash judgement on the lien. Discussion was held concerning the properties and other properties with code violations. Mr. McPherson recommended proceeding with these four properties first and then once a Code Enforcement Hearing Officer has reviewed the other complaints, action should be taken on the others. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to re-file the certified orders on the Mac Johnson property and to proceed with foreclosure on the property in three (3) months. The motion carried unanimously. (1/142)
Independent Contractors – Mr. McPherson received language from the insurance company and recommended this language be included in the County’s Policy and Procedures Manual. (1/379)
Potential County Liability for Acts of Sheriff – Mr. McPherson and Mr. Gilliam discussed adding the County as an additional insured to the Sheriff’s liability policy. Mr. Gilliam provided a quote from Hunt Insurance Company in the amount of $4,300. Motion by Commissioner Suggs, seconded by Commissioner Bush, to pay the $4,300 out of reserve and to include the County as an additional insured on the Sheriff’s policy. The motion carried unanimously. (1/400)
Waters Lake Park, FRDAP – Mr. Gilliam provided a copy of the minutes from January 2001, May 2002 and July 2002 relating to Waters Lake Park. He pointed out that nothing has been done by Summit on the project. Mr. McQueen has filed for an extension. Commissioner Suggs suggested that the County assume the role of the administrator of the grant and proceed. Mr. McQueen related that he had talked with Mr. Mosely who said he was waiting for the County to advise him when the commencement documents were received. Mr. McQueen stated the commencement documents were submitted in December. Mary Ann Lee had indicated that they did receive verbal approval to proceed. Mr. McQueen advised by the next meeting, he should have a determination from FRDAP regarding approval of an extension. (1/493)
Jordan & Associates, CDBG:
Ms. Betty Jordan, Jordan & Associates, appeared before the Board regarding the County’s application for the CDBG Housing Program. She introduced Spence Nabors, Housing Rehab Specialist and Joe Mittauer, Mittauer and Associates. She advised the applications are due December 19th. Ms. Jordan said the scoring for the application has been revised and that Gilchrist County should be eligible for either a Neighborhood or a Housing grant in the amount of $700,000 with no match. She stated while no match required, they would be seeking funds to use for leverage, possibly from the S.H.I.P. funds for Housing or the gas tax for the Neighborhood grant.
Ms. Jordan discussed the CDBG Housing Rehabilitation program which allows up to $40,000 for construction. She suggested that the S.H.I.P. funds be used as leverage in the program. The program may be used for demolition with new construction. This will include demolition of a mobile home with new construction of a site built home. While the program does not allow the replacement of a mobile home with another mobile home, it does allow for some minor repairs for persons on a limited income.
Ms. Jordan presented a proposal by Jordan and Associates to write the application at no up front cost to the County. The cost would be paid through the grant if awarded to the County. Once the grant is awarded, the County will then advertise for an administrator. Ms. Jordan explained they would then submit their a proposal to continue their services as the administrator. Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to allow Jordan and Associates to write and submit the grant application for the CDBG Housing Rehabilitation Grant on behalf of Gilchrist County. The motion carried unanimously.
Ms. Jordan advised the County will need to appoint a Citizens Advisory Task Force Committee to work with the program. The committee will be required to hold a least one (1) meeting prior to submission of the application. Chairman Thomas recommended Mr. Dennis Radice be contacted concerning the appointment of the Loan Review Committee for this purpose. Mr. McPherson stated he will prepare a resolution for the next scheduled meeting for the appointments. (1/765)
Public Hearing / Ordinance 02-12 and Resolution 02-62, Bond Issuance:
(Notice of this public hearing was published in the October 24th edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)
Ordinance 02-12 – Chairman Thomas read the short title of Ordinance 02-12. Mr. McPherson explained this Ordinance amends Ordinance 02-11, which specified in Section 9 that the Ordinance be sent to the State Department the day following approval. He explained this statement was overlooked after approval and this time frame is not required by statute. Mr. Mustian advised the Ordinance be amended.
ORDINANCE NO. 02-12
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT REVENUE BONDS PAYABLE FROM ONE OR MORE OF THE FOLLOWING: (A) PROCEEDS OF THE LOCAL GOVERNMENT HALF-CENT SALES TAX RECEIVED BY THE COUNTY PURSUANT TO CHAPTER 218, PART VI, FLORIDA STATUTES, (B) ALL COURT COST FEES IMPOSED ON TRAFFIC INFRACTIONS, (C) ALL IMPACT FEES COLLECTED PURSUANT TO CHAPTER 54, ARTICLE III, CODE OF ORDINANCES OF GILCHRIST COUNTY AND (D) ALL COURT FACILITIES FEES IMPOSED ON CRIMINAL CONVICTIONS;
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to approve Ordinance 02-12. The motion carried unanimously.
Resolution 02-62 – Chairman Thomas read the short title of Resolution 02-62.
A RESOLUTION AUTHORIZING THE ISSUANCE BY GILCHRIST COUNTY, FLORIDA OF NOT EXCEEDING $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 2003 TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COURTHOUSE FACILITY; PLEDGING THE MONEYS RECEIVED BY THE COUNTY FROM THE COST REVENUES, CAPITAL FACILITIES IMPACT FEE REVENUES AND COURT FACILITIES FEE REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SIAD BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THE RESOLUTION.
Motion by Commissioner Bush, seconded by Commissioner Suggs, to approve Resolution 02-062. Mr. McPherson pointed out this is resolution amends Resolution 02-60 correcting the adoption date and provision 8.04. The motion carried unanimously. (1/1386)
Public Hearing / Ordinance 02-13, Code Enforcement Hearing Officer:
(Notice of this public hearing was published in the October 24th edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)
Mr. McPherson explained discussions have been held with the City of Trenton regarding and interlocal agreement to hire a Code Enforcement Officer and to share the costs. In response to these discussions, Mr. McPherson had suggested using a Code Enforcement Hearing Officer instead of a Code Enforcement Board. He explained this proposed ordinance authorizes the County to use a Hearing Officer pursuant to Chapter 162, Florida Statutes.
Mr. McPherson reviewed the proposed ordinance and recommended that the Hearing Officer be an attorney whose practice is substantially in the area of administrative government, land use or real estate law.
Commissioner Suggs read the short title.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA; ESTABLISHING THE OPTION OF USING A CODE ENFORCEMENT HEARING OFFICER IN PLACE OF A CODE ENFORCEMENT BOARD; AUTHORIZING THE COUNTY COMMISSION TO DESIGNATE A CODE ENFORCEMENT OFFICER AS THE ENFORCEMENT OFFICIAL FOR ALL GILCHRIST COUNTY ORDINANCES AND REGULATIONS; AUTHORIZING THE COUNTY TO ENTER INTO INTERLOCAL AGREEMENTS WITH MUNICIPALITIES TO SHARE THE COST OF A CODE ENFORCEMENT OFFICER; PROVIDING INSTRUCTIONS TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to adopt Ordinance 02-13. Chairman Thomas called for questions or comments from the public. Mr. John Deane asked
if the County is planning to hire a Code Enforcement Officer. Chairman Thomas explained the County would hire a Code Enforcement Officer to investigate violations. The Code Enforcement Hearing Officer will be contracted to hear those cases. Mr. Deane commented that he would be in favor of the proposed ordinance. The motion on the floor carried unanimously. (1/1565)
Mr. John Deane / Citizen’s Request:
Mr. John Deane, 7500 NE 24 Loop, High Springs, petitioned the Board to disallow his neighbor, Theodore Jaworski, to build a home 25ft from the property line of their adjoining property. He asked that Mr. Jawaorski be restricted to build the home 75ft from the property line. He referred to a “Declaration of Restrictions and Protective Covenants for Millhopper Estates, Unit Two” and the survey stating that his mobile home is 66.2 feet from the property line. Mr. Deane also provided photographs of the property in question.
Mr. Deane related problems he has had with Mr. Jaworski since he moved onto the property in 1992. He cited instances of harassment by Mr. Jaworski which included a fire on the property and gunshots that hit their mobile home. Mr. Deane stated Mr. Jaworski now has plans to construct a new home 25ft from the property line and Mr. Deane and his wife are concerned about the safety of their 4-year old son.
Mr. McQueen discussed the specified setbacks within the LDRs. Mr. McPherson advised Mr. Deane that the Board cannot impose a setback on just one piece of property.
Mr. Deane discussed the cost that would be involved in relocating his mobile home on the other side of his property and asked if the Board would waive the permit fees. Mr. McPherson advised him that the Board cannot waive the permit fees. Chairman Thomas suggested Mr. Deane contact the Sheriff’s Office for assistance regarding the harassment.
Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to deny the request. The motion carried unanimously. (1/1919)
Clerk’s Report (continued):
Resolution 02-63 – Mr. Gilliam presented a draft letter to Governor Bush and proposed resolution requesting Gilchrist County be designated a rural area of critical economic concern. He explained that he had received information concerning this designation and was told a majority of the North Florida small counties have been experiencing similar problems with budgeting. Some of the counties have sent similar resolutions and letters of request to Governor Bush. Mr. Gilliam referred to the criteria for obtaining a Rural Area of Critical Economic Concern Designation for the Northeast/North Central Region of Florida.
Mr. McPherson said that he had reviewed the criteria and referred to Chapter 288.0656 which states “the area has been adversely affected by an extraordinary economic event or a natural disaster” or “presents a unique economic development opportunity of regional impact that will create more than 1,000 jobs over a 5-year period.” Mr. McPherson pointed out that the proposed resolution does not address either of these and that may be a reason the other counties were not granted the request. Commissioner Suggs related discussions held by the Small County Coalition and stated that the economic concern is that Florida has been dramatically impacted by the drought for the past five (5) years. Mr. McPherson recommended adding another clause in the resolution stating “the agricultural economy of Gilchrist County has been adversely affected by a natural disaster, i.e., a long-running and severe drought.” Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve Resolution 02-63 with the revision recommended by Mr. McPherson. The motion carried unanimously. (1/3113)
Bid for Sally Port Gate – Mr. Ferguson presented a quote from Commercial Fence Contractors, Inc. for the Sally Port Gate at the Jail. As requested at the October 21st meeting, Mr. Ferguson obtained clarification of the original quote. The fencing will cost $12,999, three extra keys (@$48 ea.) $144. The total cost will be $13,143. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the expenditure of $13,143 to Commercial Fence Contractors, Inc. in order to bring the Jail up to code. The motion carried unanimously. (1/3531)
Records Disposition Compliance Statement – Mr. Gilliam presented a Records Disposition Compliance Statement for the Board’s approval. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the Records Disposition Compliance Statement. The motion carried unanimously.
Mr. McPherson advised the statutes specifies that each county and municipality adopt a records management program. He recommended that the County adopt a records management program by ordinance. The Board asked Mr. McPherson to prepare an ordinance for consideration. (1/3760)
Funds Returned to the Board – Mr. Gilliam presented a check from the Supervisor of Elections in the amount of $22,497.15 and a check from the Clerk’s Office in the amount of $27,927.41 which represents excess funds from FY 2001/2002. (2/195)
Mr. Pedersen / Public Participation:
Commissioner Suggs recognized Mr. Bill Pedersen who was present at her invitation. She explained he wanted to inquire about an additional $25,000 Homestead Exemption for Senior Citizens. Commissioner Suggs related the Board took action two (2) years ago to not consider the exemption at that time.
Mr. Pedersen addressed the Board regarding a proposed exemption and provided the following information for consideration.
Levy County: Population, approximately 40,000
10,800 receive $25,000 exemption (27%)
1,015 Qualified for 2nd $25,000 exemption
$149,000 not paid into general fund
$146.00 per qualified person
Gilchrist County: Population, approximately 15,000
Receive exemption (27%), approximately 4,050
Approximately 10% would qualify
405 X $146.00 = $59,130
(If millage is similar to Levy County)
Discussion was held concerning the fact that a method is not available at this time to determine the number of qualifying individuals and the cost to the County. Mr. Gilliam stated most of the counties that have approved this exemption are larger counties with a larger tax base. With the exception of Levy County, most rural counties are not able approve the additional exemption.
It was pointed out that it would not be wise to proceed with the exemption until an estimation could be made to determine the impact to the County’s budget. The criteria for qualifying households is based on age and the total verifiable income. Mr. Gilliam advised that Levy County had to hire an additional employee to verify this information. After further discussion, Commissioner Suggs stated she would check with AARP to determine the number of citizens within the age group and report back the next scheduled meeting. (2/242)
EMA / County Coordinator’s Report:
Hart Springs Bathhouse – Mr. McQueen recalled, due to the deadline, the Board had removed the bid requirements for the Hart Springs Bathhouse for everything over $10,000 which was bid out. He submitted a quote from Jerry Orenchak General Contractor, Inc. in the amount of $11,245, for the labor portion only to complete the bathhouse. Mr. McQueen explained this portion of the project was not bid out and is considered a separate item. He requested that the bid requirement also be waived for this portion. Motion by Commissioner Suggs, seconded by Commissioner Bush, to waive the bid requirements on the labor portion only to construct the bathhouse and the coordination of it. The motion carried unanimously. (2/1068)
School Planning Coordination Issues – Mr. McQueen advised the Board that recent changes implemented by the legislature now require the School Boards to be involved in school planning and land use issues for the siteing of schools. He requested that the Board take action to designate the North Central Florida Regional Planning Council as the lead agency to coordinate the preparation and adoption of the interlocal agreement concerning coordinated school planning and land use planning. Mr. McQueen discussed the need for the interlocal agreement which will bring the School Board into the planning process requiring it to designate areas for future growth ahead of time. He also requested the Commission appoint Mr. Ben Chumley as the County’s contact person to participate in t he development of the interlocal agreement. Motion by Commissioner Bush, seconded by Commissioner Suggs, to designate the North Central Florida Regional Planning Council as the lead agency to coordinate the preparation and adoption of the interlocal agreement and to appoint Ben Chumley as the contact person. The motion carried unanimously. (2/1346)
CEMP Plan – Mr. McQueen referred to a letter from the Department of Community Affairs concerning the County’s Comprehensive Emergency Management Plan. He advised the state has approved it and a resolution adopting the plan will be prepared for the next scheduled meeting. (2/1465)
Maintenance Rating Program – Mr. McQueen referred to a memorandum from DOT requesting he meet with the inspection team while they perform the Maintenance Rating Program survey at CR 340 and CR 55-A. (2/1480)
Monitoring at the Landfill – Mr. McQueen referred to a memorandum from Mills Engineering reporting the monitoring results of the land fill. The report indicated no gas was measured in the probes. (2/1530)
Building Dept. Report – Mr. McQueen presented the Building Department report for October 2002. (2/1550)
Mobile Homes 16 Total / 5 Replacements
11 impacts = $15,854.41
1 impact fee pd in advance, $1,441.31
(Transp. $12,857.16 / Capital $4,438.56)
New Construction 10 Total / 5 Replacements
5 impacts = $7,206.55
(Transp. $5,357.15 / Capital $1,849.40
House Move-on 0
Life Insurance / Retirees – As requested at the last Board meeting, Mr. McQueen obtained information from John Hancock Insurance regarding coverage for employees. Mr. Brad Hoard provided the following options.
Option 1: Increase the amount of coverage for retirees to $2,500 at a rate of $3.16 per thousand or $7.90 per month. Coverage and premium will remain constant. (With nine (9) retirees, this would cost the Board $71.10 per month.)
Option 2: Provide the same benefit to retirees that are currently provided to employees, $10,000 with decrease based on age. The premium will also be $3.16 per thousand, or $31.60 per month. The premium will decrease as the coverage decreases.
Current: $2,000 coverage provided to retirees at a rate of $2.75 per thousand or $5.50 per month. (9 employees/$49.50 per month)
Discussion was held concerning the options. The Board took no action. (2/1600)
SW 70th Avenue (Martini Grade) – Mr. McQueen advised Lee Mills will be present at the special meeting scheduled at 7:00 p.m. this date to present information for the Martini Grade project. Mr. McQueen provided a list of property owners along Martini Grade and advised a notice of the meeting was sent to each.
Mr. McQueen explained the purpose of the special meeting will be to provide information regarding the acquisition of right-of-way. Issues may arise regarding a cost to acquire the right-of-way. He explained the process for acquisition will be to achieve voluntary compliance and then to address other situations on a case by case basis. The last opiton would be to acquire the right-of-way through the legal process. Mr. McQueen added it is in the best interest of the County to have that road paved because of the maintenance costs. He stated it is also in the best interest of the citizens to have it paved. (2/1877)
Clerk’s Report (continued):
Approval of Bills – Motion by Commissioner Wilkerson, seconded by Commissioner Bush, to approve the old year and new year bills submitted. The motion carried unanimously.
Commissioner Suggs advised she will be forwarding the information to Mr. McPherson to prepare a request for proposal for the mowing services.
Commissioner Suggs reported that the Judsen Road is complete. She advised Mr. Martin obtained a quote of $350 to paint the center lines on this road. She has asked Mr. Martin to obtain another quote extend the center lines to HWY 26.
(Commissioner Durden arrived at 5:00 p.m.)
Commissioner Bush advised he found a one-ton truck for patch work. Mr. Mike Hayes, the owner of Gilchrist Building Supply, is selling the truck for the list price of $4,000. It is a 1991 GMC. Motion by Commissioner Suggs, seconded by Commissioner Wilkerson, to authorized Commissioner Bush, to negotiate for the purchase of the truck at a cost up to $4,000. The motion carried unanimously.
Commissioner Bush reported that Mr. McQueen has obtained a tree trimmer for the department.
Commissioner Durden advised an Animal Control Meeting has been scheduled for November 6th and a Code Enforcement Board meeting has been scheduled for November 12th.
There being no further business to discuss, Chairman Thomas adjourned the meeting at 5:14 p.m.
ATTEST: Randy Durden, Chairman
Joseph W. Gilliam, Clerk