The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, December 9, 2002 at 5:00 p.m. in the Board of County Commissioners Meeting Room located at 210 South Main Street, Trenton, Florida, with the following members present to-with:


Commissioner Randy Durden, Chair

Commissioner Sue B. Suggs, Vice-Chair

Commissioner Wilbur Bush

Commissioner Mitchell Gentry

Commissioner Tommy Langford


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, Linda Walker, Theresa Gentry, Dennis Radice, Jonathan Reed, Ben Chumley, Sam Ferguson, Betty Jordan, Robert Klemans.



Call to Order:


Chairman Durden called the meeting to order at 5:10 p.m.  Commissioner Langford delivered the Invocation and Commissioner Suggs led the Pledge of Allegiance. 


Agenda Changes:


Removed:         Consent Agenda


Additions:            Waters Lake Park FRDAP Project (Clerk’s Report)

  Approval of Budget Entries: #BE3-09, #BE3-10 and #BE3-15 (Clerk’s        Report)

– S.H.I.P. Loan Applications (Clerk’s Report)


Motion by Commissioner Suggs, seconded by Commissioner Bush, to accept the agenda with the changes mentioned.  The motion carried unanimously. 



Attorney’s Report:


Records Management Ordinance – Mr. McPherson advised he has prepared the Records Management Ordinance which is scheduled to be heard at the January 6th meeting.  (1/080)


Comprehensive Plan – Mr. McPherson reported the proposed changes to the Comprehensive Plan have been completed and will be reviewed by the Planning and Zoning Board at it’s next scheduled meeting.  (1/092)


Mac Johnson Code Enforcement Issue – Mr. McPherson advised the final orders for the Mac Johnson property have been recorded.  The County may proceed with a foreclosure on the property after a period of three (3) months.  (1/098)


Ginnie Springs v. Gilchrist County – Mr. McPherson has contacted the attorney for Ginnie Springs concerning the possibility of resolving the case through the EAR amendment process.  (1/118)


Poitevint v. Gilchrist County – Mr. McPherson stated there has been no activity in this case. 


Brooks & Strickland v. Gilchrist County – Mediation has been scheduled for January 30, 2003. 


Opinion / County Roads – Mr. McPherson reviewed a memorandum he prepared concerning classifications of County Roads.   He provided the following classifications and reviewed the definitions of each:


1.                  State Roads: Roads owned and maintained by the State.

2.                  Private Roads: Roads on which the general public has no right to travel.

3.                  Public Roads: Non-state roads over which the general public has a right to travel.

4.                  Ambiguous Roads: Roads that are neither clearly public nor clearly private.


Mr. McPherson mentioned that he was recently contacted regarding the responsibility of the County for a road in the Flying Harness Subdivision.  He explained this road appears on a plat having been dedicated to the County but the County has never maintained it, therefore, it would be classified ‘ambiguous.’  If the County had maintained it, it would have been an implied acceptance of the dedication.   Mr. McPherson stated that in the case of the Flying Harness Subdivision, the County could have expressly accepted the dedication or the acceptance could be shown on the plat.  The road in the Flying Harness Subdivision is on the plat and clearly dedicated to the public but not clearly accepted by the County.  The plat was signed by the County Attorney, affirming that the dedication is in order, and signed by the Road Superintendent, affirming the road meets County standards. 


Mr. McQueen referred to a portion of the LDR’s regarding requirements for new subdivisions.  The developer is required to post a bond for a period of five (5) years, at the end of that period, the developer may petition the County to accept the road for maintenance.  Mr. McPherson replied this is the procedure which expressly accepts or rejects a dedication.  Mr. McPherson again referred to the road in the Flying Harness Subdivision and stated it not clear whether the road is private or public.  He advised that the Commission can, at any time, take action to accept or reject the dedication.  He recommended that these road issues be placed on the agenda and action taken on a case by case basis.  (1/132)








Second Public Hearing / Small Cities Community Development Block Grant: 


(This is the second public hearing to consider application for the Housing Rehabilitation CDBG Grant.  The first public hearing was held on Monday, December 2, 2002.)


Chairman Durden called the public hearing to order at 5:37 p.m. and recognized Ms. Betty Jordan, with Jordan & Associates.  Ms. Jordan stated the County has the opportunity to apply for small CDBG grant in the amount of $700,000. She advised if the grant is awarded, approximately $585,000 of the funds will be used for rehab, demolition and new construction, approximately $10,000 will be used for temporary relocation and approximately $100,000 will be used for administration and rehab specialist. 


Ms. Jordan invited public comments.  There being no reply, she requested the Commission to authorize the Chairman to sign the application.  Motion by Commissioner Gentry, seconded by Commissioner Bush, to proceed with the CDBG Grant and to authorize the Chairman to sign the application.  Mr. Gilliam stated that a Citizens Advisory Task Force held a meeting prior to this meeting and recommended approval to apply for the housing portion of the CDBG Program.  The motion carried unanimously.


Ms. Jordan requested approval to use S.H.I.P. funds in the amount of $350,000 for leverage combined with CDBG funds.  She stated that this would provide 70 points for the application.  Mr. Dennis Radice, S.H.I.P. Administrator, concurred with the request.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the use of S.H.I.P. funds in the amount of $350,000 as leverage for the CDBG application.  Mr. Gilliam addressed questions to Ms. Jordan regarding the use of the S.H.I.P. funds.  Ms. Jordan explained the 70 points may be used to keep the County in the fundable range.  They would know when the grant is awarded how much of these funds would be required.  The motion on the floor carried unanimously. 


Chairman Durden closed the public hearing at 5:48 p.m.  (1/800)



Attorney’s Report (Continued):


Opinion/County Roads (continued) – Mr. McPherson discussed privately constructed roads not maintained by the County.  In some cases, these roads may be considered a public road if it has been used by the public for more than 20 years.  He referred to Chapter 334 , Florida Statutes, defining the County road system. 


"County road system" means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System.


He also referred to Section 336.02, Florida Statutes, concerning the County’s general responsibility for the “county road system.”



“The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties, and they may establish new roads, change and discontinue old roads, and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties.”


He explained the County does not have to maintain all of the public roads at the same level but does have responsibility for them.  He advised the Commission may want to wait and consider the “Ambiguous Roads” on a case by case basis. 


Mr. Langford discussed the issue of the road at Ginnie Springs.  He explained Ms. Wray has recently placed a gate at the entrance of this road.  Discussion was held concerning the status of this road, if it is a public road or a private road. Currently, the road is not used by the public.  Mr. McPherson stated he would research the road and report back the next meeting.  Chairman Durden recognized Mr. Robert Klemans who also commented on this issue.  He stated that this road has existed and has been maintained by the County for at least 25 years.  He questioned why there is now a question concerning the status of the road.  Chairman Durden answered that the attorney has given an legal opinion that calls the status of this road into question.  1/1188)


Clerk’s Report:


Architects Design Group – Mr. Gilliam reported the cost of the site plan for the Judicial Complex is not available at this time.  (1/2438)


DOT Survey – Mr. Gilliam referred to a “customer satisfaction” survey from DOT for review.  Chairman Durden asked Mr. McQueen to complete and return the survey.  (1/2488)


Subordination Agreement – Mr. Gilliam provided a Subordination Agreement for Susan Worthington.  He recalled the Board had previously approved the agreement contingent upon verification that the amount was within the 80% guidelines.  Motion by Commissioner Suggs, seconded by Commissioner Langford, to authorize the Chairman to sign the subordination agreement.  The motion carried unanimously.  (1/2535)


Resolution 02-67, EMS Grant Application – Mr. Gilliam presented Resolution 02-67 accepting the Florida Department of Health 2002-2003 EMS County Grant in the amount of $3,807.71.   Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve Resolution 02-67.  The motion carried unanimously.  (1/2560)


                                                            RESOLUTION 02-67





BellSouth Invoice – Mr. Gilliam referred to an invoice from BellSouth in the amount of $1,041.90 for damage to a cable at NW 7th Place and NW 70th Avenue.  Mr. Gilliam advised Mr. Martin was supposed to bring back information regarding the cable cut.  Commissioner Gentry commented that depending on the depth the cable was buried, BellSouth might share some of the responsibility for the damages.  Mr. McQueen stated he will contact Mr. Martin to determine the depth the cable was buried.  (1/2610)


SHIP Recommendations   Mr. Gilliam presented the following SHIP applications recommended by the SHIP Loan Review Committee for approval.


1) Tammy Anderson –   Low Income ($17,500), Purchase/Rehab @ 210 SE 2nd Street, Trenton.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the S.H.I.P. loan for Tammy Anderson.  Mr. Gilliam pointed out the seller has agreed to pay $2,500 in closing costs.  The motion carried unanimously. 


2) James Toal –  Very Low Income ($22,500), Rehab @ 403 SE 2nd Street, Trenton.  Motion by Commissioner Bush, seconded by Commissioner Suggs, to approve the SHIP loan for Mr. James Toal.  The motion carried unanimously. 


3) Sylvia Gilmore – Subordination Agreement.  Mr. Gilliam stated the SHIP loan, which was approved in 1994, has a remaining balance of $2,652.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the subordination agreement for Sylvia Gilmore subject to the appraisal showing a value of $18,750 or greater.  The motion carried unanimously.  (1/2610)


Budget Entries – Mr. Ferguson presented budget entries #BE3-009, #BE3-010 and #BE3-015 for approval.


Budget Entry #BE3-009 amends the General Fund (001) in the amount of $46,071.14.  Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve budget entry #BE3-010.  The motion carried unanimously. 


Budget Entry #BE3-010 amends the Fire District Trust Fund (122) in the amount of $8,195.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve budget entry #BE3-010.  The motion carried unanimously. 


Budget Entry #BE3-015 amends the General Fund (001) in the amount of $2,281.  Motion by Commissioner Bush, seconded by Commissioner Langford, to approve budget entry #BE3-015.  The motion carried unanimously.  (1/2990)


EMS Purchase Request – Mr. Gilliam advised a committee meeting was held to review the purchase request for an ambulance and to prepare a recommendation.  Ms. Walker stated she had met with Commissioner Gentry and the committee to consider the purchase of two ambulances.  The committee reviewed the budget and recommended the Board purchase one F-450 Wheel Coach ambulance at the State contract price of $75,000 with an additional expenditure of $15,000 to equip it.  The committee also recommended Ms. Walker seek grant funding for an additional ambulance, and if funding is not available, reconsider the second purchase toward the middle of the budget year depending on the year to date receipts and expenditures.  Motion by Commissioner Gentry, seconded by Commissioner Suggs, to purchase one (1) F-450 Wheel Coach ambulance not to exceed $90,000.  The motion carried unanimously.  (1/3262)


EMA/County Coordinator:


Summit Professional Services   Mr. McQueen referred to a letter from Corbett Alday, Summit Professional Services, Inc. concerning the Waters Lake Park FRDAP Project. (2/211)


Road Striping – Mr. McQueen told the Board that Mr. Martin had obtained a quote for striping CR 307 but it included side-striping.  He obtained a quote in the amount of $885 to stripe the center line of CR 340 and a quote in the amount of $920 to stripe Shady Grove Road.  Mr. McQueen stated he will advise Mr. Martin to proceed.  (2/246)


Landfill Road, Litter – Mr. McQueen advised the Lancaster Correctional Institute has scheduled the inmate crew to pick up the litter on the Landfill road on a monthly basis.  (2/334)


Commissioner’s Report:


Commissioner Bush reported he attended a meeting held by the Department of Transportation the past week.  He found out that DOT, in the year 2006, plans to do a study to four-lane SR 26 from the County line to HWY 19.  (2/360)


Commissioner Langford asked the Chairman to explain his new duties as Commissioner over the Road Department.  Chairman Durden advised he would be assisting with the budget and working with the supervisors.  He cautioned him against getting involved with personnel problems as there may be a conflict if an employee appeals a decision to the Board.  Commissioner Bush suggested that the rest of the Board refer any road complaints to Commissioner Langford.  Discussion was held concerning the procedures for routing complaints to the Road Department. It was agreed complaints should be directed to the supervisor prior to contacting Commissioner Langford.  Mr. Gilliam mentioned that often, the supervisors cannot be reached and this has been a problem in the past.  Chairman Durden suggested this issue be place on the agenda for a future date. 


Commissioner Gentry reported that he had attended the Florida Association of Counties meeting.  He mentioned discussions were held concerning a plan for a State-wide road system.  There is concern that this plan will rearrange priorities and affect county funding.   Other issues discussed included a proposed Medicare match, real-estate tax and  bottled water tax


Commissioner Suggs advised she met with Mr. Gilliam the past week regarding the $25,000 exemption for senior citizens.  Mr. Gilliam stated, according to the 2000 Census, there are 5,900 households in Gilchrist County with approximately 600 vacant.  Of the remaining 5,300 households, it is estimated that 25% homeowners are over the age of 65 years. 


Commissioner Durden reported the Animal Control Committee met the past Tuesday.  All of the documents have been approved by the City of Trenton, the Town of Bell and Gilchrist County.  The position for the Animal Control Officer has been advertised.


Old Business:



New Business:


Mr. McQueen advised he received a request from Arthur Ballot, Dixie County Coordinator, for assistance with Dixie County’s Building Department.  At this time, they do not have a building official for plan reviews.  Motion by Commissioner Suggs, seconded by Commissioner Bush, to authorize the County Building Official to assist Dixie County.  The motion carried unanimously. 


Commissioner Durden mentioned that Mr. Duke Lang had questioned the whether Jonathan Kincaid, having been recently elected to the Trenton City Commission, could continue to serve on the Planning and Zoning Board.  Mr. McPherson stated that he does not see a conflict of interest but he will research the statutes regarding holding dual offices. 


Public Participation:


Mr. Jonathan Reed appeared before the Board regarding his property at 2191 SW SR 26.  He explained he recently tried to refinance his home and found out it was zoned commercial.  He has lived in the home five (5) years and was not aware that it was not in a residential zoning district.  He consulted with two (2) mortgage companies who turned him down because of the zoning.  Mr. Reed asked for the County’s assistance to have this area rezoned. 


Mr. Chumley stated that he has looked into the possibility of rezoning and found most of the lots in this area consist of one (1) acre or less.  He explained the lots would not conform to requirements for “Rural Residential,” A-1 or A-2 zoning.  The last option would be “Residential Single Family” zoning (RSF-1, RSF-2 or RSF-3).  However, this zoning is not permanent outside the urban development area.  Mr. Chumley affirmed application for rezoning and an amendment to the Comprehensive Plan would have to be made through the Planning and Zoning Board first.


Mr. Reed indicated that he did not wish to pay the application fee unless he was certain the zoning change would go through.  Chairman Durden suggested to Mr. Reed that Mr. Chumley might be able to assist him with the mortgage company by writing a letter certifying the existence of the special exception for that property.   The Board took no action on this request.


There being no further business to discuss, Commissioner Suggs moved to adjourn at 7:40 p.m.  The motion was seconded by Commissioner Langford and carried. 







                                                                         ATTEST:                                                                     Randy Durden, Chairman





Joseph W. Gilliam, Clerk