MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JANUARY 6, 2003.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, January 6, 2003 at 1:00 p.m. in the Board of County Commissioners Meeting Room located at 210 South Main Street, Trenton, Florida, with the following members present to-wit:
Commissioner Randy Durden, Chair
Commissioner Mitchell Gentry
Commissioner Tommy Langford
Commissioner Sue B. Suggs, Vice-Chair
Absent: Commissioner Wilbur Bush
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, Nathan Martin, Beth Latner, Dennis Radice, Diane Avery, Delight Curtis, Lee Mills, Tim Schoenwalder, Bob Klemans, John Ayers, Brenda Schaltenbrand, Tom Monk, Bill Peterson, Robert Heise, O’Neal Sutton.
Call to Order:
Chairman Durden called the meeting to order at 1:10 p.m. Commissioner Langford delivered the Invocation and Commissioner Gentry led the Pledge of Allegiance.
Additions: – Lee Mills, Whitehurst Construction Contract for CR 337
– Sealed bids for fencing at Solid Waste property
Motion by Commissioner Langford, seconded by Commissioner Gentry, to accept the agenda with the changes noted. The motion carried unanimously.
1. Approval of Bills
2. Approval of Minutes: Regular Meeting, September 16, 2002
3. Approval of Budget Entries:
a. #BE3-011, Local Housing Assistance Trust Fund ($40,000)
b. #BE3-012,General Fund ($1,250)
Considering a copies of the bills were not mailed with the agenda packets, Mr. Gilliam suggested this item be removed until the Board has had an opportunity to review them. Motion by Commissioner Langford, seconded by Commissioner Gentry, to pull item #1, approval of the bills, and to approve the Consent Agenda. The motion carried unanimously.
Records Management Ordinance – Mr. McPherson stated that he has prepared a draft ordinance for records management which has been scheduled for a time certain this meeting.
Comprehensive Plan: EAR Amendments – Mr. McPherson reported the Planning and Zoning Board held its final hearing for the EAR amendments in December. He suggested the Board schedule a series of workshops before the final hearing. The Board scheduled the first workshop for January 21 at 3:00 p.m. (1/135)
Mac Johnson Code Enforcement Issue – Mr. McPherson advised he has received no response from Mr. Johnson regarding the County’s intent to foreclose on his properties. Certified copies of the final orders have been recorded in the public records. (1/220)
Ginnie Springs v. Gilchrist County – Mr. McPherson stated that the County may be able to work toward a resolution of this case with part of the EAR amendment process without any kind of formal agreement. (1/226)
Poitevint v. Gilchrist County – Mr. McPherson related that he received a copy of an amended complaint filed in this case. (1/250)
Brooks and Strickland v. Aderholts and Gilchrist County – Mr. McPherson advised Mediation has been scheduled for January 30, 2003. (1/274)
Speakman Claim – Mr. McPherson referred to a claim from the County against Ms. Alberta Speakman for damages to a County Health Department vehicle. The incident occurred on August 7, 2002. The claim amount is $428. Mr. McPherson explained he had sent a demand letter to Ms. Speakman but received no response. Since the accident, Ms. Speakman has moved out of the County. Motion by Commissioner Suggs, seconded by Commissioner Gentry, to not pursue the claim against Ms. Speakman. The motion carried unanimously. (1/361)
Jonathan Kincaid – Chairman Durden asked Mr. McPherson if he had researched the statutes regarding any conflict with Mr. Kincaid serving on the Planning and Zoning Board while also serving as a City Commissioner. Mr. McPherson replied that it is permissible for Mr. Kincaid to serve on both boards since the Planning and Zoning Board is only an advisory board. (1/420)
Department of Health – Mr. Gilliam referred to a letter from the Florida Department of Health concerning an update on Florida’s Smallpox Planning. Mr. McQueen said Ms. Boling has ordered approximately 16 vaccinations for the first phase in Gilchrist County. These vaccinations will be provided to the EMTs and paramedics on a voluntary basis. (1/447)
Budget Recap – Mr. Gilliam presented a budget recap for the period ending December 3, 2002. (1/525)
Time Management Systems, Tom Monk:
Mr. Tom Monk, Time Management Systems, appeared before the Board to present information for a software program his company provides for a time and attendance system. He explained the company has the ability to write an interface for the County’s payroll system and provides support for staff.
Mr. Monk mentioned some of their clients use a system that scans the employees fingerprints in order to eliminate “buddy punching.” Mr. Monk used a power point presentation to demonstrate the various types of software available.
Mr. McQueen commented that his office was interested in a system that will print the time sheets, maintain a record, and print reports. Mr. Gilliam stated that if a system were purchased for County departments, he would also be interested in purchasing it for the Clerk’s Office. Chairman Durden suggested that staff in Personnel and Payroll meet with Mr. Monk and bring back a recommendation for consideration. (1/598)
Clerk’s Report (continued):
SHIP Subordination – Mr. Radice presented a subordination agreement for Wenston Riley and Julius Riley. Mr. Radice explained the applicants had sought to finance the home through FHA and was required to take out a construction loan first. Once the construction was completed, they qualify for the FHA loan. Mr. Radice stated the request does not meet the 80% requirement as in a typical subordination but under the circumstances he recommends approval. Mr. Gilliam concurred. Motion by Commissioner Suggs, seconded by Commissioner Langford, to approve the subordination agreement for Wenston Riley and Julius Riley. The motion carried unanimously. (1/1534)
Public Hearing / Ordinance 03-01, Records Management:
(Notice of this public hearing was published in the December 26, 2003 edition of the Gilchrist County Journal and proof of publication is on file in the Clerk’s Office.)
Mr. McPherson presented the proposed ordinance establishing a public records management program. He explained this ordinance is required under Chapter 257, Florida Statutes. He reviewed the proposed ordinance by section.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, ESTABLISHING A PUBLIC RECORDS MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW; DESIGNATING A RECORDS MANAGEMENT LIAISON OFFICER; DESIGNATING A RECORDS CUSTODIAN; PROVIDING DIRECTIONS TO THE CODIFIER; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
Discussion was held concerning implementation of the program and responsibilities of the Clerk. Mr. McPherson recommended that policies be written for implementation of the ordinance. Chairman Durden stated that policies should also be set up for each department. Motion by Commissioner Suggs, seconded by Commissioner Langford, to approve Ordinance 03-01 for records management. The motion carried unanimously. (1/1653)
Solid Waste / Bids for Fencing:
Mr. Ferguson presented bids, opened on December 13, 2003, for fencing for the Solid Waste Drop-off site on HWY 47.
Crawford Fence Co. $ 9,894.00
Hercules Fence Co. $ 9,990.00
Grading & Bush Hog Service $11,500.00
Custom Fence $13,153.10
Walkup Fence Co. $13,538.00
Heavenly Automated Gates $14,100.00
Danny Roy Hodge $15,351.80
Discussion was held regarding the reason for the differences in the bids and the specifications of the fencing and posts. Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve the bid from Crawford Fence pending receipt of the specifications, and if not acceptable, offer the bid award to Hercules Fence Co. and if the specifications are not acceptable, rebid with specifications stated. The motion carried unanimously. (1/2153)
Mr. McQueen mentioned that the Solid Waste Department is in need for another loader. He is currently leasing a loader for the Hart Springs project through the FEMA grant. The lease/purchase price is $76,000 but by the time the Hart Springs project is completed, the balance will be below $50,000. He recommended the County consider purchasing it for the new Solid Waste drop-off site.
Quail Meadows Subdivision:
Mr. O’Neal Sutton addressed the Board regarding his purchase of the proposed Quail Meadows and Deer Meadows subdivisions. Mr. McQueen recalled the Board had granted a 6-month extension of the permits for the preliminary plats of these proposed subdivisions. The previous owners did not complete the development but recently sold the property to Mr. Sutton.
Mr. Sutton explained there have been some issues arise since the purchase which have resulted in delays. Because of the size of the development, he found he will need to put in an additional entrance. He intends to purchase additional property for the second entrance. Mr. McQueen stated another extension will be needed to complete the construction. Motion by Commissioner Suggs, seconded by Commissioner Langford, to extend the permit for an additional six (6) months for the Quail Meadows and Deer Meadows subdivisions. The motion carried unanimously. (1/2902)
County Road 337 – Mr. Mills presented a contract with V.E. Whitehurst for the County Road 337 project. Motion by Commissioner Suggs, seconded by Commissioner Langford, to authorize the Chairman to sign the contracts. The motion carried unanimously. (2/017)
Martini Grade, SE 70th Ave. – Mr. Mills reviewed revisions he had made to the site plan for the proposed Martini Grade paving project. He pointed out he had attempted to hold the power line within the right-of-way. He also pointed out the addition of two (2) radiuses. (2/067)
County Road 341 – Mr. Mills mentioned it was necessary to go ahead and bid out the CR 341 project. The project must be complete by July. The Board agreed. (2/412)
Mr. Martin reported the department has been responding to complaints since the recent storm.
Commissioner Suggs asked the Board to consider sealing SE 70th Avenue. Mr. Martin said it will cost approximately $5,000 to seal it with tack. Motion by Commissioner Suggs, seconded by Commissioner Langford, to approve the repair of SE 70th Avenue for a cost up to $5,000. The motion carried unanimously. (2/550)
Mr. Gilliam advised Mr. Martin has verified the BellSouth invoice for damages for a cable cut. Commissioner Langford stated he has signed the purchase order. Commissioner Langford questioned why BellSouth would not write off these damages by the County when they are using the County’s right-of-way at no charge. After discussion, Chairman Durden asked Mr. McQueen to contact BellSouth and ask a representative to come before the Board at a future date to discuss the issue.
Commissioner Gentry read a copy of a letter from Ms. Joan Miller concerning NE 30th Ave. Ms. Miller asks that the road be placed on a grading schedule. She also asked that the right of ways for the County roads in the area be mowed on a more regular basis and the trash picked up. Mr. Martin told Commissioner Gentry that they will go in this week to repair and grade the road. Commissioner Durden asked Mr. McQueen about the adopt-a-road program and the obligation to pick up trash on the road. Mr. McQueen replied an agreement is signed that the person or group will pick up the trash on the specified road once a quarter. Mr. McQueen explained when the road is picked up, it is logged in when the garbage is brought to the landfill. He stated he will have Ms. Avery provide a report at the next meeting. (2/1080)
Clerk’s Report (continued):
Approval of Bills – Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve payment of the January bills. The motion carried unanimously.
Counties in Crises – Mr. Gilliam presented and discussed a proposal prepared by Suwannee County for the aid of small rural counties in need of financial assistance by redistribution of county revenue sharing and redistribution of the Half-cent Sales Tax. He explained the proposal will be submitted during the legislative process. (2/1455)
Judicial Complex Update – Mr. Gilliam related that he had contacted Rodney McManus regarding the site plan needed by the City of Trenton. Mr. McManus advised him the City of Trenton did not need a site plan at this time for the rezoning process. Mr. McQueen explained the County will be applying for a Central Business District zoning on this property. Once the zoning is changed, the County will then apply for a special exception for public buildings.
Mr. Gilliam advised the Bond Validation hearing has been scheduled for February 18, 2003. (2/1603)
Mack Concrete, Pay Request – Mr. Ferguson presented the first pay request from Mack Concrete for the Hart Springs water and waste water improvements. Motion by Commissioner Suggs, seconded by Commissioner Langford, to approve payment in the amount of $46,924.20. The motion carried unanimously. (2/1776)
Lee Schaltenbrand / Spring Ridge VFD:
Mr. Lee Schaltenbrand presented a copy of the Spring Ridge VFD Annual Report. The report included a summary of fire calls, training, equipment and membership. (2/1820)
EMA/County Coordinator’s Report:
Roof Repairs – Mr. McQueen mentioned roof repairs are needed for the Spring Ridge VFD and the Jail. He obtain estimates from C.W. Strickland; $2,150 for the Jail and $1,050 for the fire station.
Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve the roof repairs at the jail, by C.W. Strickland, at a cost of $2,150 to be paid out of Other Buildings. The motion carried unanimously.
Mr. Schaltenbrand stated that the departments outlying building roof is also leaking and an additional amount of $200 should have been included in the estimate. Motion by Commissioner Suggs, seconded by Commissioner Langford, to approve the roof repairs for the Spring Ridge VFD fire station at a cost not to exceed $1,300 to be paid out of District Wide Fire.
Commissioner Gentry mentioned that the Spring Ridge fire station was built in two (2) phases with new roofing materials on half of it. He stated that an estimate was not provided to replace that portion. Commissioner Suggs amended the motion, seconded by Commissioner Gentry, to obtain a price for replacing the roof on the fire station and to approve the repairs of the out building. The motion carried unanimously. (2/2045)
Spring Ridge VFD, Brush Truck – Mr. McQueen related, at a recent Fire Chief’s meeting, it was agreed to allow the Spring Ridge VFD to purchase a brush truck with Capital Outlay funds. Mr. McQueen explained the fire departments received an increase of $10,000 in this FY budget with the stipulation that $5,000 be expended for equipment. Mr. McQueen asked the Board to consider approval of the purchase of a 2003 F-550 Brush truck at a cost of $68,985. Chairman Durden asked Mr. McQueen to meet with Mr. Gilliam and Mr. Ferguson and bring back a recommendation the next scheduled meeting. (2/2480)
Rudicil Lawsuit – For the Board’s information, Mr. McQueen referred to correspondence concerning the Rudicil lawsuit.
CDBG Application – Mr. McQueen advised the CDBG Housing application has made the top ten in the preliminary ranking. (2/2977)
DOT, Secondary Road Inspection – Mr. McQueen referred to a letter from DOT regarding the secondary road inspection for CR 55-A and CR 340. He stated he will take the same action he has taken in the past.
Suwannee Valley R.C. Flying Club – Mr. McQueen referred to the letter from the Suwannee Valley R.C. Flying Club advising they will no longer be using the Landfill property to fly model airplanes due to the recent incident with a neighbor. Mr. McQueen advised the State Attorney has contacted him and is pursuing action against the neighbor. (2/3099)
Small County Technical Assistance – Mr. McQueen stated he was contacted by Jim Larue, Small County Technical Assistance regarding an update to the County’s pay study. Mr. Larue indicated they will do the pay study and a comparison, by position, with other small counties. (2/3140)
Building Department Report – Mr. McQueen presented the Building Department Report for the month of December 2002.
Mobile Homes 8 Total / 4 Replacements
4 Impact Fees = $5,765.24
(Transp. $4,285.72 / Capital = $1,479.52)
New Construction 8 Total / 3 Replacements
5 Impact Fees = $7,206.55
(Transp. $1,071.43 / Capital = $369.88)
Barns 4 Total / 1 Impact Fee = $1,441.31
(Transp. = $1,071.43 / Capital = $369.88)
House Move-on 0
Kincaid Property – Mr. McQueen discussed the possibility of acquiring 2.2 acres from Jonathan Kincaid. The property is adjacent to the Sheriff’s Administration building. Mr. McQueen explained that he would like to write a grant application for an EOC and use this property for the EOC and dispatch office. Mr. Kincaid has indicated he would sell the 2.2. acres for a cost of $35,000. Mr. McQueen told the Board that some funds from 911 and from Emergency Management could be used for the purchase. Chairman Durden asked Mr. McQueen to meet with Mr. Gilliam and bring back a recommendation for the January 21 meeting. (2/3190)
Mr. Bill Peterson appeared before the Board to inquire about the additional $25,000 tax exemption for senior citizens. Commissioner Suggs told Mr. Peterson that Mr. Gilliam had obtained census information from the University of Florida but she still plans to meet with the AARP to get their assistance in determining an estimated number of qualifying individuals.
Mr. Gilliam advised he obtained information from the Census Bureau stating there are approximately 1,335 household units in Gilchrist County occupied by persons over the age of 65 years. Of this number, it cannot be determined how many individuals would qualify for the exemption or how it would impact the County’s budget.
Chairman Durden told Mr. Peterson, that once Commissioner Suggs obtains more information from AARP, the Board will continue look into it. (2/3460)
Commissioner Suggs reported that she and Amos Philman are working on a recommendation to the Board for the purchase of golf carts.
Commissioner Gentry mentioned a wash out on SW 15th Way behind Gilchrist Farms. Chairman Durden stated the Road Department has temporarily repaired it and plans to replace the culvert as soon as possible. Commissioner Gentry asked about the procedures for tracking requests for repairs. Discussion was held concerning work orders in the Road Department. Mr. McQueen explained that his office sends the complaints to the Road Department but a response is often not sent back. Commissioner Langford explained that he has discussed the work orders with Mr. Gothard and asked that he document the work orders and keep a record of the repairs. Mr. Gothard will also prioritize the work orders as they are received.
Commissioner Langford mentioned the Brooks and Strickland v. Aderholt case and stated that he had talked to a representative from Loncala. They are willing to give a 60-ft right-of-way if the County will construct the road to County specifications. Commissioner Langford said the road will only serve three property owners and it may not solve the problem. He questioned the possibility of having the property owners pay for the construction of the new road. Mr. McPherson recalled the Board has already agreed to the concept of having the road relocated. Now that Loncala has offered to donate a 60-ft right of way, he suggested the County obtain an estimate on the cost for purposes of mediation and offer to contribute a portion of the cost. The Board agreed.
Commissioner Langford advised he received a phone call from Mr. Ben Poitevint with a complaint about the motorcycle track. Commissioner Langford asked Mr. McQueen to provide him a copy of the special exception for future reference. Commissioner Durden mentioned that the Kortessis’ currently have a restraining order against Mr. Poitevint.
Commissioner Suggs asked if the County has an ordinance pertaining to the discharge of firearms within a subdivision. She discussed a recent incident in her neighborhood and asked Mr. McPherson to research the statutes regarding this issue.
Commissioner Langford asked about the Board’s decision in the past to eliminate one of the graders. Chairman Durden replied the sixth grader will be returned next month. Mr. Gilliam explained when the Commission decided to use the lease purchase program a few years ago, the goal was to maintain five (5) graders which would be rotated off every fifth year. Discussion was held concerning the productivity of the Road Department within four (4) 10-hour days vs. five (5) 8-hour days. Commissioner Langford commented that there will be a need in the future to increase the number of graders and productivity.
Commissioner Durden reported the Animal Control Committee and the Code Enforcement Committee will meet this week. To date, one (1) application has been received for the Animal Control Officer position and three (3) applications for the Code Enforcement Officer.
Public Hearing / Road Issue, NE 62nd Place:
Mr. McPherson recalled this road had been blocked by a property owner and the Board had asked him to determine if this was actually a public road or not. One of the issues under the statute is whether or not the County constructed the road. If the County constructs and maintains a road for four (4) years, it becomes a County road. Mr. McPherson referred to a letter from Nathan Martin which affirmed the County took over this road in the 1950's and subsequently rocked, graded and maintained it. Considering this, Mr. McPherson advised the road is considered a County road and may not be obstructed by a private party unless the County took action to abandon the road.
Commissioner Durden called for any public comment. Mr. Tim Schoenwalder, an attorney representing Bob Johnson, Reesa Clemons and Rhonda Johnson, addressed the Board. He referred to an Attorney General Opinion, #072-222, regarding maintenance of a road by a county.
He advised that Mr. Johnson lives near this road and has made an offer to purchase a residential parcel near there. He would need access from the road in question to reach that property. He read a letter for the record from Ms. Tracey Wray.
January 6, 2003
My property at 7600 NE Ginnie Springs Road is currently in litigation. The legal access off the County road has been recently gated. My former husband is trying to devalue my property by restricting access. I currently have a contract on this property for $300,000. Barbara Suggs and Mark Wray do not have legal authority to close this road. Until this mater has been resolved, I request that the gates be removed. This has been the access road for 26 years and gives me no legal easement onto my property.
Please feel free to contact me on this matter or my attorney, C. Gary Moody, Esq.
Thank you for your attention on this matter and I look forward to this matter being resolved quickly.
Mr. Schoenwalder stated that Ms. Johnson and Ms. Clemons are share holders in the Seven Springs Water Company. On their behalf, he told the Board that the Company has only one (1) means of access to the pipeline easement which runs to the Danone Water Plant. Gating this road would prevent the Company the direct access to one of the monitoring wells for the Danone Water Plant. He stated the Seven Springs Water Company fully supports the Boards efforts to keep the public road open. Mr. Schoenwalder urged the Commission to pursue this matter vigorously and criminally.
Commissioner Langford commented that he is familiar with this issue and it will come up again to have the road closed permanently. Based on the fact that the road is a County road, Mr. McPherson advised the Board that the obstruction will have to be removed. Motion by Commissioner Suggs, seconded by Commissioner Langford, to direct Mr. Martin and Mr. McQueen to contact Mr. Wray and instruct him to remove the gate. Mr. McQueen suggested he also be notified by certified letter. Mr. McPherson recommended the letter specify a 24-hour or 48-hour time period. Commissioner Suggs, seconded by Commissioner Langford, amended the motion to include a deadline of 24-hours. The motion carried unanimously.
Mr. Robert Heise, 1710 SW 15th Street, addressed the Board regarding the status of SW 15th Street within the Flying Harness subdivision. He explained this subdivision was developed in 1984. The plat lists the roads as public roads but it has never been maintained by the County.
Mr. McPherson explained the status of this road is in question because the plat indicates it was dedicated to the County and the plat was signed by the County Engineer and the Road Superintendent. However, there is no record that the County accepted the roads for maintenance. Chairman Durden recalled the Commission did not want to accept the road because it is also used for a taxiway for aircraft. Mr. McPherson advised in this situation, it would be considered a private road.
Mr. Heise told the Board, the property owners just wanted clarification. Mr. McPherson suggested a public hearing be scheduled for the Board to make a determination. Motion by Commissioner Suggs, seconded by Commissioner Langford, to schedule a public hearing February 3, 2003 at 5:00 p.m. to discuss SW 15th Street. The motion carried unanimously.
There being no further business to discuss, Commissioner Suggs moved to adjourn at 6:00 p.m. The motion was seconded by Commissioner Langford and carried.
Randy Durden, Chairman
Joseph W. Gilliam, Clerk