MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD NOVEMBER 17, 2003.
The Gilchrist County Board of County Commissioners, in and for Gilchrist County Florida, convened in a regular meeting on Monday, November 17, 2003 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-wit:
Commissioner Randy Durden, Chair
Commissioner Wilbur Bush
Commissioner Mitchell Gentry
Commissioner Tommy Langford
(Absent: Commissioner Sue Suggs)
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, Planner, Evelyn Meece, Jane Vogel, Gene Parrish, Charles Scott, John Ayers, Alan Mikell, Ted Burt.
Call to Order:
Chairman Durden called the meeting to order at 5:10 p.m. Mr. Ron McQueen delivered the Invocation and Commissioner Gentry led the Pledge of Allegiance.
Additions: (1) PO#400400 / SunGard Pentamation (Clerk’s Report)
(2) Memo re: Florida Water Congress (Clerk’s Report)
(3) Notice of Legislative Hearing scheduled December 3, 2003 (Clerk’s Report)
(4) Licensing Board Members (County Coordinator’s Report)
(5) Sheriff’s request, travel (Clerk’s Report)
Motion by commissioner Gentry, seconded by Commissioner Bush, to accept the agenda with the changes noted. The motion carried unanimously.
Mr. Gilliam advised that Commissioner Suggs is not in attendance due to a family emergency.
Election of Chair and Vice Chair:
Chairman Durden relinquished the Chair to Mr. Gilliam for the election of Officers. Mr. Gilliam
read the procedures for the election of Chair and called for nominations. Commissioner Bush moved to nominate Commissioner Durden to serve as Chairman for the year 2004. The motion was seconded by Commissioner Langford and carried unanimously.
Mr. Gilliam relinquished the Chair back to Commissioner Durden who called for nominations for Vice-Chair. Commissioner Langford moved to nominate Commissioner Gentry to serve as Vice-Chair for the year 2004. The motion was seconded by Commissioner Bush and carried unanimously.
Solid Waste Contract – Mr. McPherson reported that he is waiting for a revised contract from Suwannee County for the Board’s consideration. Mr. McPherson recounted a conversation he had with the attorney for Alachua County regarding termination of the contract for Solid Waste services. The Alachua County Attorney does not agree that the contract may be terminated but is checking with the Solid Waste Management Director and will contact Mr. McPherson regarding this issue. (1/156)
Martini Grade – For the Board’s reference, Mr. Gilliam provided a document listing all of the actions regarding Martini Grade (SE 70th Avenue) since October 7, 2002. The summary was compiled from the approved minutes. Commissioner Gentry advised that he had met with Mr. McPherson, Mr. McQueen and Mr. Lee Mills to discuss the project and to determine the feasibility of completing the project by the deadline. Mr. Mills is preparing the descriptions for the contracts for the retention areas.
Ginnie Springs – Mr. McPherson reported that this case has been dismissed.
Supervisor of Elections – Mr. Gilliam advised that the Supervisor of Elections has submitted a reimbursement check in the amount of $29,919.27 to the Board for the FY 02/03 closeout. (1/313)
Grant-in-Aid Agreement – Mr. Gilliam presented the Grant-in-Aid Agreement between the Justice Administrative Commission (JAC) and Gilchrist County on behalf of the Eighth Judicial Circuit as Grant Manager. The agreement amount is $5,755.72. These funds are to be used to assist in the payment of cost incurred by dependency council. Motion by Commissioner Gentry, seconded by Commissioner Bush, to approve the Grant-in-Aid Agreement. The term of the agreement is July 1, 2003 thru June 30, 2004. The motion carried unanimously. (1/320)
Special District Fee – Mr. Gilliam presented an invoice in the amount of $175 from the Department of Community Affairs for the Gilchrist County Development Authority’s annual Special District Fee. Motion by Commissioner Gentry, seconded by Commissioner Bush, to approve payment of the invoice. The motion carried unanimously. (1/365)
Record Disposition Certificate – For the Board’s information, Mr. Gilliam provided a copy of the Records Disposition Compliance Statement and advised he has completed and returned statements for the County, the Clerk’s Office and the Gilchrist County Development Authority.
Florida West Coast Railroad – Mr. Gilliam presented a notice from the Florida West Coast Railroad Company, Inc. The company intends to seek the authority from the United States Surface Transportation Board to abandon and discontinue service over the line of railroad between milepost 734.0 in Trenton, FL and milepost 721.0 in Newberry, Fl. (1/418)
USDA Update – Mr. Gilliam referred to a letter from USDA requesting an update on the proposed Judicial Complex project. Mr. Gilliam also provided a copy of his letter of response on behalf of the Gilchrist County Space Needs Committee. (1/452)
Budget Entry #BE4-009 – Mr. Gilliam presented budget entry #BE4-009 for the Board’s approval (Local Housing Assistance Trust Fund (Fund 180), $17,500). He stated the this adjustment is to set up the SHIP Loan for Dorrsell and Hodge. Motion by Commissioner Bush, seconded by Commissioner Langford, to approve the Budget Entry in the amount of $17,500. (1/469)
Satisfaction of Mortgage – Mr. Gilliam presented the following mortgage satisfactions for approval: (1) Steven and Tammy Gardner and (2) Jennifer L. Philman.
Motion by Commissioner Gentry, seconded by Commissioner Langford, to approve the Satisfaction of Mortgage for Steven and Tammy Gardner. The motion carried unanimously.
Motion by commissioner Langford, seconded by Commissioner Gentry, to approve the Satisfaction of Mortgage for Jennifer L. Philman. The motion carried unanimously.
SunGard Pentamation – Mr. Gilliam presented Purchase Order #400400 in the amount of $15,320 to SunGard Pentamation, Inc. for the first installation of the software upgrade and conversion. Motion by Commissioner Langford, seconded by Commissioner Bush, to approve Purchase Order #400400 in the amount of $15,320. The motion carried unanimously.
Sheriff’s Office Request – Mr. Ferguson presented a travel expenditure request from the Sheriff’s Office for four (4) dispatchers to attend an Emergency Medical Dispatch Training course in Ocala. The course cost $295 per person. There will be no overnight expenses incurred. Mr. Ferguson advised the expense will be paid out of Fund #2917, Capital Phone Surcharge. Motion by Commissioner Bush, seconded by Commissioner Gentry, to approve the request. The motion carried unanimously.
Pure Water Wilderness – For the Board’s information, Mr. McQueen provided a copy of a letter from Florida’s Pure Water Wilderness regarding the developments of the Dixie, Gilchrist, Levy Tourist Development Board (TDB) and the Rural Regional Development Grant.
Hart Springs Manager’s Residence – Mr. McQueen referred to a memo dated November 5, 2003 to Mr. Todd Gray, Gray Construction Company, regarding completion of the Hart Springs Manager’s Residence. The memorandum provides a punch list of items to be completed prior to release of final payment. Mr. McQueen advised that Mr. Gray has completed approximately half of the items and is agreeable to those remaining.
EMS Inspection – Mr. McQueen presented a copy of a EMS inspection report. The inspection was conducted by the Florida Department of Health on November 3, 2003. Mr. McQueen pointed out that there were no deficiencies found and the inspector highly commended the organization of the records maintained by the Personnel Department. Chairman Durden suggested that a letter of commendation be prepared for the staff involved with keeping the personnel records. The Board agreed.
Florida Association of Counties – Mr. McQueen presented a memorandum from the Florida Association of Counties (FAC) dated October 28, 2003 regarding the 2004 County Legislative Programs.
Licensing Board – Mr. McQueen presented a recommendation from the Randy Wiggins, County Building Inspector, to appoint additional members to the Licensing Board. Currently, there are three (3) vacancies on that Board. Mr. Wiggins has also suggested the Board increase the appointments to provide a seven (7) member Board. Mr. McQueen provided a list of persons who responded to an advertisement for the vacancies. The list also included recommendations from Mr. Wiggins.
Mr. McPherson advised that in order to increase the membership of the Licensing Board to seven (7) members, an amendment to the current Code of Ordinances would be necessary. Mr. McPherson offered to prepare such an amendment. The Board agreed to have the amendment scheduled and considered at the next meeting.
Public Hearing / Ordinance 03-07, Obstructions of County Right-of-Way:
Chairman Durden read the short title of Ordinance 03-07:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA; REGULATING THE USE OF COUNTY RIGHT OF WAY; PROHIBITING OBSTRUCTIONS FROM BEING PLACED ON COUNTY ROADWAYS OR RIGHT OF WAYS; PROVIDING INSTRUCTIONS TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.
Mr. McPherson reviewed the proposed ordinance and discussion was held concerning a 5-foot setback. Mr. McPherson suggested the Board approve the proposed ordinance and he would provide additional information in the future for consideration of setbacks. Motion by Commissioner Gentry, seconded by Commissioner Langford, to approve Ordinance 03-07. The motion carried unanimously.
Commissioner Gentry asked Mr. McQueen about signs for the Hart Springs Road. Mr. McQueen advised the Mr. Amos Philman is ordering them this week.
Commissioner Langford mentioned that the limber is still on CR 339 and is operating well.
Commissioner Gentry asked Mr. McQueen to have larger stop signs placed at the intersections of CR 232/CR 341 and CR 334/CR 341 and to put the smaller signs at the end of the less traveled roads or at the end of the graded roads. Mr. McQueen stated that the standard size is 24" but that many of the signs used are 16". After discussion, Mr. McQueen stated he would look up the design standards and bring back additional information.
Citizen’s Request / Charles Scott, Re: Zoning:
Mr. Charles S. Scott, 10370 S. US Hwy 129, Trenton, addressed the Board regarding a request to re-zone 2 ˝ acres located within Lancaster Estates. He explained this property had been re-zoned to Commercial after his family purchased it with the intention of building a home there one day. Discussion was held concerning this property which is located in an area that was re-zoned to Commercial by DCA. Mr. McQueen recalled that the zoning of this area had been questionable. Mr. Chumley advised the property would either have to be re-zoned or the LDRs amended to allow construction of a residence with a Commercial General Zoning District by Special Exception. After further discussion, Chairman Durden asked Mr. Chumley and Mr. McQueen to meet with Mr. Scott and bring back a recommendation in December on how to proceed.
The meeting recessed at 6:00 p.m. for a scheduled Board of Adjustment Meeting.
The meeting reconvened at 6:30 p.m.
Citizen’s Request / Doug McKoy, RE: Vacation of Public Utility Easement:
Mr. Chumley presented a request from Mr. Doug McKoy for the vacation of a public utility easement between Lot 5 and Lot 6 of Trotter Farms subdivision. Mr. Chumley also presented a proposed resolution (#03-85) granting the request and letters from BellSouth, Central Florida Electric and SRWMD. Motion by Commissioner Bush, seconded by Commissioner Gentry, to approve Resolution 03-85. The motion carried unanimously.
Public Hearing / Preliminary Plat, Forest Grove Subdivision:
Mr. Chumley presented the preliminary plat for the proposed major subdivision that will be known as “Forest Grove – Phase 1.” The proposed plat consists of 14 lots, which will be Phase 1 of 4 total phases. All four phases will contain a total of 62 lots. The property is owned by Live Oak Holding Company, LLC.
Mr. Chumley advised that the plat is consistent with the Comprehensive Plan and the Land Development Regulations and meets all concurrency requirements. The Planning and Zoning Board recommended approval with no conditions of approval.
Mr. Chumley stated that he would agree with the Planning and Zoning Board’s recommendation with addition of two (2) conditions.
(1) Portions of the proposed roads are outside of the plat boundary for Phase 1. Any proposed improvements must be within the plat boundary in order to be approved. The Phase I plat boundary should be revised to correct this.
(2) There is a driver safety concern due to the location of the primary entry way on the curve in County Road 232. Caution
Regarding the second condition, he explained that the Zoning Board had discussed the fact that the entry way was on a curve but the applicant produced evidence that it was in conformance with DOT standards. However, Mr. Chumley advised the Commission to consider having the signs as a precaution.
Mr. Ted Burt, representing the applicant, commented that the developer should not be responsible for the signs if the Board decided they are required. Considering the applicant has found the entryway meets DOT regulations for no signs, it is his opinion the County would be responsible for placing and maintaining the signs on CR 232. Mr. Parrish advised the engineer had calculated that at the posted speed of 45-mph a site distance of 338 feet is required. In surveying, he determined that site distance for the entry way would be 660-feet to the east and 735-feet to west. Mr. McQueen stated that if the Board decided the signs were required, the developer would pay the County for the cost of the signs and then they would be the responsibility of the County to post and maintain.
Discussion was held concerning the fact only a portion of the roads were included in the plat for the first phase. Mr. Parrish explained that the roads will be private and the center lines represent the lot boundaries. Mr. Burt told the Board that he had prepared a developers agreement for Mr. McPherson’s review. The agreement addresses the four phases of development and the fact that the developer will be responsible for the portion of road not maintained by the homeowners association. Mr. McPherson advised that the County Code does not currently provide for a developers agreement for master planning but that the Commission could use it’s home-rule authority to approve such an agreement for the developer to maintain the roads. However, it would be unlawful to approve the agreement concerning approval of future phases.
Motion by Commissioner Bush, seconded by Commissioner Langford, to approve the preliminary plat for Forest Grove subdivision, Phase I, subject to working out a developers agreement for the maintenance of the roadway not included in the plat. The motion carried unanimously.
There being no further business to discuss, Commissioner Bush moved to adjourn the meeting at 6:52 p.m. The motion was seconded by Commissioner Langford and carried unanimously.
ATTEST: Randy Durden, Chairman
Joseph W. Gilliam, Clerk