MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD FEBRUARY 3, 2003.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, February 3, 2003 at 1:15 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 Wilbur Bush
Commissioner Mitchell Gentry
Commissioner Tommy Langford
Commissioner Sue B. Suggs, Vice-Chair
(Commissioner Suggs arrived at 3:55 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, David Brooks, Don Strickland, Larry Boiven, John Fleming, Patricia Fleming, Frances Heise, Robert Heise, Ron Sundburg, Amos Philman, Sr., Michael Lamar, Wes Skiles, Sheriff Turner, Roy Langford, Marvin Weaver, John Ayers.
Call to Order:
Chairman Durden called the meeting to order at 1:20 p.m. Commissioner Gentry delivered the Invocation and Commissioner Langford led the Pledge of Allegiance.
Additions: 1) Meridian Behavioral Healthcare, Board of Directors vacancy (Clerk’s Report)
2) Florida Springs Task Force, Springs Initiative (4:00 pm.)
3) Marvin Weaver, Extension Office (4:30 p.m.)
Motion by Commissioner Langford, seconded by Commissioner Bush, to accept the agenda with the changes noted. The motion carried unanimously.
1. Approval of Bills
2. Approval of Budget Entries:
a. #BE03-013, General Fund ($50,407.00)
b. #BE03-014, Fire District Trust Fund ($16,407.00)
c. #BE03-016, Solid Waste Fund ($34,406.00)
d. #BE03-017, Local Housing Assistance Trust Fund ($44,369.20)
3) Approval of Minutes:
a. October 21, 2002 / Regular Meeting
b. November 4, 2002 / Regular Meeting
c. November 4, 2002 / Special Meeting
Considering a copy of the January bills was not available in the agenda packet, Mr. Gilliam recommended the Board pull #1 from the consent agenda until the next meeting. Chairman Durden pointed out a correction needed on page #10 of the minutes. Motion by Commissioner Gentry, seconded by Commissioner Langford, to approve the Consent Agenda with the changes noted. The motion carried unanimously.
Closure of NE 62nd Place – Mr. McPherson advised he has prepared the resolution for the closure of NE 62nd Place to be considered at the February 17 meeting. (1/080)
Mac Johnson, Code Enforcement Issue – Mr. McPherson advised there has been no change in this issue.
Rural Development Loan Closing – Mr. McPherson reported that he had received a request from Rural Development to certify that the County can meet all of the closing requirements for the USDA Loan. He explained when the County decides to proceed with the Judicial Complex, interim financing may be obtained for the construction. Once the construction is completed there will be a closing at which time the interim financing will be replaced with the permanent financing provided by USDA. (1/086)
Poitevint v. Gilchrist County – Mr. McPherson advised there are two (2) motions pending in this case. (1/126)
Brooks and Strickland v. Aderholts and Gilchrist County – Mr. McPherson reported that a mediation hearing was held on January 30th for this litigation. He discussed the proposed settlement agreement and advised one of the parties has agreed to contribute $1,500 for out of pocket costs if the County will agree to relocate NE 2nd Court to the section line. Mr. Lang, representing Mr. Strickland and Mr. Aderholt, also addressed the Board regarding the agreement. Discussion was held concerning the cost of relocating the road and the tentative agreement from Loncala to donate the 60-ft right-of-way. Mr. McPherson recommended the Board schedule a public hearing to consider the abandonment and relocation of this road.
Chairman Durden asked Mr. McPherson and Commissioner Langford to contact Loncala and obtain the offer of the 60-ft right-of-way in writing prior to the public hearing. Commissioner Langford stated he would also obtain an estimate for the cost of constructing the new portion of road.
Mr. McPherson provided a resolution to set a public hearing on the abandonment and relocation of a portion of NE 2nd Court.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA; MAKING CERTAIN FINDINGS WITH REGARD TO THE SETTLEMENT OF PENDING LITIGATION IN WHICH THE COUNTY HAS BEEN NAMED A DEFENDANT; SETTING A PUBLIC HEARING ON THE CLOSING, ABANDONMENT AND RELOCATION OF A PORTION OF NE 2nd COURT; REQUIRING THAT NOTICE OF THE PUBLIC HEARING BE PUBLISHED AS REQUIRED BY STATE LAW; AND PROVIDING AN EFFECTIVE DATE.
Motion by Commissioner Langford, seconded by Commissioner Bush, to approve Resolution 03-01 and to schedule a public hearing on March 3, 2003 at 3:00 p.m. The motion carried unanimously. (1/131)
Bond Validation Hearing – Mr. McPherson reported a hearing for the Bond Validation has been scheduled with Judge Cates on February 18, 2003 at 3:45 p.m. (1/728)
Sunshine Law, Mediation Proceedings – For the Board’s information, Mr. McPherson referred to a memorandum he prepared for the question of applicability of the Sunshine Law to mediation proceedings in which the County is involved. (1/737)
Kincaid Property – Mr. McPherson referred to a draft ‘purchase and sale’ contract for the Kincaid Property for the Board’s review. Mr. Kincaid has tentatively approved the contract. Mr. McPherson reviewed portions of the contract and pointed out the Commission will have 30 days from the effective date to make a final decision. Discussion was held concerning the use of the property and the relocation of the road department to the Walker Curve property. Motion by Commissioner Gentry, seconded by Commissioner Langford, to approve the contract for the sale and purchase of the Kincaid property. The motion carried unanimously. (1/744)
Waste Management Contract with Alachua County – As requested at the last meeting, Mr. McPherson stated he has reviewed the Waste Management Contract with Alachua County and found no provision to cancel it prior to the termination date in 2007. However, if both parties mutually agree, it will be possible. Mrs. Avery said she had contacted Alachua County and was told there should not be a problem to terminate the contract. Discussion was held concerning a proposed contract with the New River Landfill. Chairman Durden suggested that Mrs. Avery obtain a firm price from New River before taking the request to the Alachua County Commission for termination of the contract. (1/1318)
Mr. Gilliam referred to a letter regarding the roads within the Suwannee Shores subdivision. Mr. Martin stated the sub-divider has not completed the roads as of this date. Mr. McQueen stated he will meet with Mr. Martin regarding the inspection of this road and notify the owner of the work required for completion. (1/1535)
Mrs. Diane Avery and Mr. Pat Fischer addressed the Board regarding the condition of the C&D Ramp at the Solid Waste transfer site. They recommended tearing down the ramp, leaving the concrete wall and to pour a 40'X40'X6" concrete bin. They also recommended purchasing a Prentice Loader to load the scrap metal boxes.
Mrs. Avery presented estimates for a Prentice 180E Loader, $71,0000 and a Prentice 210E Loader, $97,000. She discussed the options and recommended the purchase of the larger Prentice 210E. Motion by Commissioner Bush, seconded by Commissioner Langford, to go out for bid on the Prentice 210E Loader. (1/2138)
Walker Curve Property – Chairman Durden suggested the Board take action concerning a decision about relocating the Road Department to the Walker Curve property. Motion by Commissioner Bush, seconded by Commissioner Langford, to move the Road Department to the Walker Curve property after the purchase of the 5-acre parcel from Mr. Kincaid. The motion carried unanimously. Sheriff Turner requested the Board prepare a resolution for the transfer of the properties. (1/2906)
Rodeo Arena – Chairman Durden presented a request from Mr. Doug Beach for the FFA Alumni Association. They have requested permission to hook up a 2" line to the pump at the training building and running it to the concession stand at the rodeo arena. The Board discussed the request and the issue of use of the well by a private organization. Chairman Durden stated he would ask Mr. Beach to appear at the next meeting to discuss the matter and address any questions. (1/2906)
Kincaid Property – Discussion was held concerning the purchase of the Kincaid property and the purchase contract. Mr. McPherson suggested the Board take action to proceed with the purchase. Motion by Commissioner Gentry, seconded by Commissioner Langford, to advise Mr. Kincaid the County is going to proceed with the purchase. The motion carried unanimously. (2/025)
Interlocal Agreement for Code Enforcement:
Mr. McPherson presented the Interlocal Agreement for Code Enforcement between the County, the City of Trenton and the City of Fanning Springs. The agreement is effective, retroactively from January 1, 2003 through March 31, 2004. Chairman Durden explained that the at the end of this contract period, the Cities and the County will review distribution costs and determine if any modifications are needed. At that time, the contract will be renewed annually. Motion by Commissioner Gentry, seconded by Commissioner Bush, to approve the Interlocal Agreement for Code Enforcement. The motion carried unanimously.
Governor’s Proposed Budget – Mr. Gilliam referred to a notice from William Sadowski regarding the Governor’s proposed budget. The budget has eliminated the State Housing Trust Fund and the Local Government Housing Trust Fund (SHIP) and reallocated all funds to General Revenue. Mr. Sadowski is requesting a letter of support for the SHIP funding or Affordable Housing be sent to the Legislature. Mr. Gilliam also referred to a memorandum from Mary Kay Cariseo, FAC, regarding the proposed budget. He pointed out, the County may loose approximately $19,624 in mobile home taxes for 2003-2004 if the budget is approved. The County will also be responsible for paying an estimated amount of $28,729 for DJJ Detention costs.
Mr. Gilliam also discussed the possible impact Article V may have on the County’s budget in 2003/2004. Mr. Gilliam stated he would like to send a letter of support to Senator Rod Smith and Representative Dwight Stancel for the SHIP funding and Affordable Housing program. The Board agreed. (2/356)
Risk Management Associates – Mr. Gilliam referred to a letter from Risk Management Associates, the County’s workers comp insurance carrier, regarding the availability of Terrorism Risk Insurance. The Board discussed the exposure risk of the County and agreed to decline coverage. (2/635)
Proclamation 03-02 – Mr. Gilliam presented Proclamation 03-03 proclaiming the Month of March, 2003, Mental Retardation Awareness Month. Motion by Commissioner Bush, seconded by Commissioner Langford, to approve Proclamation 03-02. The motion carried unanimously. (2/635)
Budget Recap – Mr. Gilliam presented and reviewed the budget recap for the period ending January 27, 2003. (2/722)
Invoice/Reimbursement – Mr. Gilliam presented a request from the Cherry Sink Church of Christ for reimbursement of $219 for repairs to a baptistry pump. Mr. Gilliam explained that after the building was vacated by the Trenton Church of Christ, they had given the pump to the Cherry Sink church. While County employees were attempting to move it, the pump was dropped and damaged. Motion by Commission Gentry, seconded by Commissioner Bush, to reimburse the amount of $219. The motion carried unanimously. (2/890)
Meridian Behavioral Healthcare – Mr. Gilliam referred to a letter from Meridian Behavioral Healthcare, Inc. requesting the Board to appoint someone to fill a vacancy for a Gilchrist County representative. Mr. Gilliam stated he will bring back a recommendation to the February 17 meeting. (2/992)
Update, Judicial Complex – Mr. Gilliam reported the Construction Committee met on this date. At the meeting, discussion was held concerning the USDA funding process and the planning and zoning issues with the City of Trenton. Mr. Gilliam recalled, during the renovations process, plans had been omitted to install a wheel chair lift or ramp to the judges bench because of the scheduled construction of the Judicial Complex. He advised if Judge Cates is assigned to Felony Court this year, it may be necessary to go ahead and make the renovations. To purchase and install the lift will cost approximately $16,000.
Another issue discussed by the Construction Committee was the need for another holding cell. Mr. Gilliam explained the additional cell is needed for first appearance and hearings when both male and female prisoners are present. Sheriff Turner stated that he had talked with Judge Morris and Judge Philman earlier regarding the possibility of holding first appearances at the jail through video conferencing. Sheriff Turner told the Board that he has a shelter at the jail that could be enclosed for storage and then the current storage building, a concrete block building, could be renovated for a first appearance room for video conferencing. After discussion, Sheriff Turner stated he would meet with Ron McQueen to discuss the renovations and bring back a price for the Board’s consideration. (2/1022)
Mr. D. Ray Harrison, Property Appraiser, asked the Board if there was a policy for building permits for pole barns. He stated that since a property owner is not required to obtain a permit for the pole barn, there is no mechanism for his office to be notified of the additional structure. Mr. McQueen stated that a building permit is not required for a pole barn if it is for a legitimate agricultural enterprise, however, the property owner is required to obtain a zoning compliance. Mr. McQueen said he would instruct the Building Department to send copies of the zoning compliance need to be provided to the Property Appraiser’s Office. (2/1519)
Commissioner Suggs arrived at 3:55 p.m.
Sheriff Turner advised the Board the Supreme Court recently ruled in a Brevard County case that Deputy Sheriff’s are allowed to participate in unions.
Sheriff Turner reported that there are still some problems with the plumbing of the administration building. He consulted with Scott Wolfe, Wolfe’s Plumbing, who recommended putting in another line. Sheriff Turner stated he will bring back a price for the Board’s consideration. (2/1762)
Florida Springs Task Force / Springs Initiative:
Mr. Wes Skiles, Florida Springs Task Force, addressed the Board regarding the Florida Springs Initiative. He explained the goal of the Florida Springs Initiative is to determine what the major impacts to Florida Springs are and to develop a series of steps to prevent potential problems in the future.
Mr. Skiles presented a video concerning the Florida Springs Initiative and invited the Commission to attend a conference on February 5. (2/1896)
Marvin Weaver / County Agent:
Commissioner Suggs provided a copy of the service record for the 1992 Ford van used for the
4-H Club. She stated she received a call from Roy Langford who expressed his concern about his grandchildren and others who had recently been on a trip in this van. He advised her the exhaust fumes from the van had caused some of the children to be ill. Mr. Weaver also contacted Commissioner Suggs about the van. Commissioner Suggs referred to the service record and pointed out there was a problem with exhaust leaks and a problem with the side door latch.
Commissioner Suggs advised White Ford has submitted a quote of $17,970 for a new fifteen passenger van with the trade in of the ‘92 Ford.
Mr. Weaver also addressed the Board concerning the condition of the van. He said the State contract price for a new fifteen passenger van is $18,623. The Board discussed the possibility of having the vehicle repaired and agreed that with the age of the vehicle and the health risk it would be better to purchase a new one. Motion by Commissioner Suggs, seconded by Commissioner Gentry, to pursue the purchase of a new vehicle off of the State contract paying $5,000 down from Reserve and financing the balance. The motion carried unanimously. (2/2458)
Suwannee Valley Leagues:
Mr. Ron Sundburg, representing Suwannee Valley Leagues, requested the Board waive the permit fee for the Annual Blue Grass Festival scheduled February 28 – March 1, 2003. The festival will be held at the FFA Alumni Rodeo Arena. Motion by Commissioner Bush, seconded by Commissioner Suggs, to waive the permit fees for Suwannee Valley Leagues. The motion carried unanimously. (2/3363)
EMA/County Coordinator’s Report:
Shelter Retrofit – Mr. McQueen presented an agreement with the Department of Community Affairs for shelter retrofit (Contract #03-SR-78-03-31-01-287). The grant provides funding for the installation of hurricane shutters at the Bell and Trenton campuses. The total amount of the grant is $109,817.61. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the contract with the Department of Community Affairs. The motion carried unanimously.
Mr. McQueen also presented a contract with Exeter Architectural Products for the installation of the hurricane shutters. He explained this will be under the State Contract #1502177-1. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the contract with Exeter Architectural Products. The motion carried unanimously. (3/030)
COOP and Annex Development/Revision Agreement – Mr. McQueen presented an agreement with the Department of Community Affairs for COOP and Annex Development/Revision. He explained the purpose of this grant is to develop a Terrorism Incident Response Plan annex to the Gilchrist County Comprehensive Emergency Management Plan (CEMP) and a County Continuity of Operations (COOP) Plan. Mr. McQueen advised the grant amount is $25,000. He stated he has already drafted the Terrorism Incident Response Plan and suggested the County contract with Mr. Chumley to prepare the COOP plan. Motion by Commissioner Suggs, seconded by Commissioner Gentry, to approve the contract with the Department of Community Affairs (Contract #03-FT-1B-03-31-01). The motion carried unanimously. (3/116)
Public Hearing / SW 15th Street, Road Issue:
(This public hearing was scheduled by the Commission at the January 6th meeting to address the status of SW 15th Street)
Mr. Chumley presented the plat for the Flying Harness Subdivision which includes SW 15th Street. Mr. McQueen recalled there was a question regarding the status of this road. Mr. McQueen reviewed the plat and pointed out the road is used for a taxiway for private aircraft to a nearby runway. Mr. Chumley stated that all of the easements and the roads on the plat are dedicated to the public. Mr. McPherson reminded the Board that the County may accept or reject
dedicated roads on subdivision plats. In this case, the road has not been accepted by the County.
Mr. Larry Boiven, told the Board that there are fourteen (14) members of the homeowners who would be involved by the acceptance of the road by the County. He stated these members have unanimously agreed they wish it to remain a private road. He explained the road only serves those in the subdivision and the homeowners have maintained the road for the past 19 years.
Mr. Robert Heise asked Mr. McPherson, if the roads are dedicated to the public, will the property owners have to create some mechanism to grant each other right of way. Mr. McPherson said the plat serves as the mechanism with implied easements over the roads.
Mr. John Fleming also asked that the County not accept the road. Motion by Commissioner Gentry, seconded by Commissioner Bush, to not accept the road as a County Road. The motion carried unanimously.
EMA/County Coordinator (cont):
Hart Springs Update – Mr. McQueen advised the deadline for the FEMA projects at Hart Springs is May 31, 2003. He discussed the progress of the campground and stated the project is on schedule. (3/727)
Enterprise Florida – Mr. McQueen reported the request for modification was approved and the deadline will be moved forward four (4) months. (3/813)
Pure Water Wilderness – Mr. McQueen presented a resolution in support of Florida’s Pure Water Wilderness.
RESOLUTION IN SUPPORT OF THE DIXIE, GILCHRIST, LEVY TOURIST DEVELOPMENT BOARD, INC., a.k.a. FLORIDA’S PURE WATER WILDERNESS; PROVIDING FOR THE CONTINUED APPOINTMENT OF FOUR REPRESENTATIVES FROM EACH COUNTY; THE CONTINUED APPOINTMENT OF ONE COUNTY COMMISSIONER FROM EACH COUNTY; AND PROVIDING FOR FINANCIAL SUPPORT OF THE PURE WATER WILDERNESS.
Chairman Durden read the short title of Resolution 03-02. Motion by Commissioner Suggs, seconded by Commissioner Bush, to approve the resolution. The motion carried unanimously. (3/350)
Building Department Report – Mr. McQueen presented and reviewed the Building Department report for January 2003.
Mobile Homes 18 Total / 8 Replacements
(10 Impacts = $14,413.10)
(Transp. = $10,714.30/Cap. $3,698.80)
New Construction 3 Total / 1 Replace. / 1 State Bldg.
(1 impact = $1,441.31)
(Transp. = $1,071.43 / Cap. $369.88)
Well Testing / Voting Precincts – Mr. McQueen referred to a letter he received from the Health Department regarding required testing of non-chlorinated or potable wells. The Health Department will test the wells at a cost of $40 or the County may collect the samples and submit them at a cost of $20 per sample. He commented the County has nine (9) wells that would require testing and this would cost $180 to $360 per quarter. After discussion, Chairman Durden asked Mr. McQueen to write Mr. Frost a letter in response and ask him to address the Board concerning this issue. (3/985)
Spring Ridge VFD – Mr. McQueen advised he had received a quote from C.W. Strickland to replace the roof at the Spring Ridge fire station at a cost of $8,350 for a 60X40' area. Mr. McQueen stated he and Commissioner Gentry and discussed the quote and he is going to try and obtain the work at a lower price. Motion by Commissioner Suggs, seconded by Commissioner Langford, to go out for bid from other roofing companies. The motion carried unanimously. (3/0179)
SE 70th Avenue – Mr. McQueen reported he has received the legal for SE 70th Avenue and they will be moving ahead with preparing the deed. (3/1148)
Commissioner Suggs advised she will be out of town the week of the AARP meeting. Chairman Durden and Mr. Gilliam agreed to be in attendance. She discussed the proposed tax exemption for seniors and suggested it may not be possible to implement it considering the impact it may have on the County’s budget. (3/1435)
Commissioner Gentry asked Mr. McQueen to comment on the Waters Lake Project. Mr. McQueen advised he had sent a letter to Summit requesting them to turn over all documentation to the County. As of this date, he has not received them. (3/1557)
Commissioner Langford mentioned he is considering putting in a gas station at the intersection of CR 340 and HWY 47 if the Board did not object. The Board indicated there would be no problem.
Commissioner Langford advised he and Mr. McQueen have looked at the computer program used by the Levy County Road Department. He stated he would like to bring back a recommendation for the Board’s consideration.
Commissioner Durden reported interviews are being conducted for the Animal Control Officer and the Code Enforcement Officer positions.
Mr. Ferguson suggested that the Board go on record as being in support of the families of the astronauts who lost their lives on the space shuttle on February 1st. Mr. Ferguson stated on March 3rd at 3:03 p.m., there will be a National Observance of silence. He asked that the Board schedule this on the March 3 agenda. The Board agreed.
Mr. Gilliam referred to an article, published in the Chiefland Citizen, regarding a ruling by the Florida Supreme Court on EMS special assessments. The Supreme Court upheld a ruling that the assessments could not be shown to provide any special benefit to the properties they were charged against, which is a legal requirement in making special assessments. Discussion was held concerning wether or not Gilchrist County may continue to collect the special assessment or collect an EMS tax. Mr. McPherson stated the statute is not clear and he will do some research for clarification.
There being no further business to discuss, Commissioner Suggs moved to adjourn at 6:10 p.m. The motion was seconded by Commissioner Gentry and carried.
ATTEST: Randy Durden, Chairman
Joseph W. Gilliam, Clerk