Tuesday, March 23, 2004 – 9:00 A.M.

County Administration Building

John R. “Jack” Durrance Auditorium

12 Southeast First Street

Gainesville, Florida

 

The Alachua County Commission met in regular and public hearing session.

 

PRESENT:   Chair Mike Byerly, presiding; Vice Chair Cynthia Moore Chestnut; Commissioners Rodney J. Long, Lee Pinkoson and Penny Wheat.

 

ALSO PRESENT:            County Manager Randall Reid; County Attorney Dave Wagner; Clerk to the Board J.K. “Buddy” Irby; Assistant Clerk/Finance Director Steve Carr and Deputy Clerk Shirley A. Lane.

 

The meeting was televised live on Cox Channel 12.

 

Chair Byerly called the meeting to order at 9:00 a.m.

 

*******

 

Rev. Larry Dodd of the First United Methodist Church gave the Invocation.

 

Chair Byerly led the Pledge of Allegiance.

 

*******

 

AMENDMENTS TO THE AGENDA

 

(There were no amendments to the agenda.)

 

            Commissioner Pinkoson moved adoption of the agenda as circulated.  The motion carried 4-0 with Commissioner Chestnut out of the room.

 

(The Approved Agenda Documents are attached to and made a part of these minutes.)

 

SECTION 2: COMMUNITY OUTREACH

 

A.                 Announcements

 

Public Information Officer Chris Eversole presented three announcements.

 

B.                 Recognitions


14R-032304              Presentation of awards for the 2003-04 Alachua County School

                                    Phonebook Recycling Competition.

 

            Sally Palmi, Waste Alternatives Manager, and Liz Kent, Waste Alternative Specialist, presented the awards to the winners in the categories of Most Phone Books and Most Phone Books per Student.

 

            The winners accepted their recognition with thanks and gratitude.

 

C.            Appointments to Advisory Boards and Committees

           

15R-032304              Appoint one citizen to the Board of Adjustment.

 

            Clerk Irby called the roll on each Commissioner for their nomination.

 

            Commissioners Chestnut, Long, Pinkoson and Wheat nominated Kenneth Merrill.

 

            Chair Byerly nominated Ann Bass.

 

            Clerk Irby announced the results of the roll call.

 

            Commissioner Chestnut moved appointment of Kenneth Merrill to the Board of Adjustment.  The motion carried 5-0.

 

16R-032304              Appoint four citizens to the Codes Enforcement Board.

 

            Chair Byerly recognized Allan Preston who expressed his desire to serve on the Codes Enforcement Board.

 

            Commissioner Pinkoson moved to appoint Jerry M. Painter to fill the vacancy in the category of General Contractor; appoint Allan Preston to fill the vacancy in the category of Engineer; appoint Mitchell Martin to fill the vacancy in the category of Realtor; and appoint Robert Lusnia as an Alternate.  The motion carried 5-0.

 

17R-032304              Appoint two citizens to the Environmental Protection Advisory Committee.

 

            Commissioner Pinkoson moved appointment of the only applicants, Elaine Sherman and Joseli Macedo, to the Environmental Protection Advisory Committee.  The motion carried 5-0.

 

18R-032304              Confirm appointment of three health organization representatives to the Health Care Board.

 

 

            Commissioner Chestnut moved to confirm appointment of Susan Crowley, representing the Alachua County Medical Society; Toni Phillips, representing the Florida Nurses Association, District 10; and Dennis Brazelton, representing Shands at AGH; to the Health Care Board.  The motion carried 5-0.

 

19R-032304              Appoint one citizen to the Historical Commission.

 

            Commissioner Wheat moved to direct the Manager to bring back to the Board the process to ensure that each advisory board has an alternate member.  The motion carried 5-0.

 

            Chair Byerly recognized Wilse Webb who expressed his desire to serve on the Historical Commission.

 

            Clerk Irby called the roll on each Commissioner for their nomination.

 

            Commissioners Chestnut, Wheat and Byerly nominated Wilse Webb.

 

            Commissioners Long and Pinkoson nominated William Warriner.

 

            Clerk Irby announced the results of the roll call.

 

            Commissioner Chestnut moved appointment of Wilse Webb to fill the one vacancy on the Historical Commission.  The motion carried 5-0.

 

20R-032304              Appoint three citizens and one Children and Family Services representative to the Outside Agency Funding Board.

 

            Commissioner Wheat moved appointment of Jane Holland, Lynda Johnson and Jancie Vinson to fill the three vacancies in the category of citizen-at-large and confirm the appointment of Tom Barnes as the Children and Families Services representative.  The motion carried 5-0.

 

21R-032304 Appoint one citizen to the Veteran Services Advisory Board.

 

            Chair Byerly recognized Laghretta Bell who expressed her desire to serve on the Veteran Services Advisory Board.

 

            Commissioner Chestnut moved appointment of the only applicant, Laghretta D. Bell, to fill the vacancy in the category of VA Medical Center representative.  The motion carried 5-0.

 

SECTION 3:  TIME CERTAIN ITEMS

 

9:30 A.M. -                 Public Comments – 45 Minutes

 

            Chair Byerly announced that it was now 9:36 a.m. and recognized citizens Jamie Leier, Rev. Earl Young and David Russ who presented comments.

 

            Public Works Director Richard Hedrick gave a status report on the investigation re: aggressive dogs attacking and killing Mrs. Leier’s companion dog.

 

            Chair Byerly closed public comments at 10:02 a.m.

           

22R-032304              Request to adopt a resolution approving the EDAC report, and directing that a public hearing be scheduled to consider issuance of the industrial development bonds. (Time Certain – 10:00 A.M.)

 

            County Attorney Dave Wagner presented the above item.

 

            Commissioner Wheat requested staff to furnish the scores that the Economic Development Advisory Committee (EDAC) produced at the February 11th meeting in rating of YMCA.

 

            Chair Byerly recognized Shawn Patch, representing the YMCA, who presented comments.

 

            After discussion, Commissioner Pinkoson moved adoption of Resolution 04-25 approving the EDAC report, finding that the YMCA project will advance the economic prosperity and general welfare of the County and directing that a public hearing be scheduled to consider issuance of the industrial development bonds.  The motion carried 5-0.

 

23R-032304              Presentation by the City of Gainesville concerning the plans and designs for the new garage structure and an update of its progress.  (Time Certain – 1:30 P.M.)

 

            Gainesville City Manager Wayne Bowers presented the plans and designs for the new garage structure.  The garage will have 851 parking spaces; 3500 square feet of rental space; and 2100 square feet will be used by the City of Gainesville.  Mr. Bowers advised that Kenneth McGurn has been guaranteed 135 spaces in the new garage due to loss of spaces during construction, as well as future development spaces.

 

            Brian Kanely with Gainesville Public Works presented the construction schedule and advised that construction will begin the middle of April and should be completed in December of 2004.

 

            After discussion, Commissioner Long moved that the County Manager request from the City, copy of the site plan, street and landscaping of the site, interlocal agreement with the McGurns, and information on the revenue stream; and request the County Manager and Clerk to update the existing interlocal agreement between the County and the City.  The motion carried 3-0 with Commissioner Byerly and Wheat absent.

 

SECTION 4:  GOVERNMENTAL UNITS

 

A.            Constitutional Officers/Other Governmental Units

           

            (There were no items submitted.)

 

B.            Committee Reports

 

            (There were no items submitted.)

 

C.        County Attorney

 

            (There were no items submitted.)

 

D.        County Manager

 

            Community Planning Group

           

24R-032304              Request to advertise amendments to the Alachua County Land Development Regulations by providing language for a minor special review process and definition updates.

                                    Amount:       N/A

 

                                                Staff Recommended Action:  Approve the request.

 

            Jerry Brewington, Senior Planner, presented the above item.

 

            Commissioner Wheat moved authorization to advertise the amendments to the Land Development Regulations.  The motion carried 5-0.


 

            Community Services Group

           

            (There were no items submitted.)

 

            Support Services Group

 

            (There were no items submitted.)

 

            County Manager Reports

 

            (There were no items submitted.)

 

SECTION 5:  CLOSING COMMENTS

 

A.        Public Comments:  15 Minutes

 

            There were no citizens present wishing to address the Commission.

 

B.            Commission Comments

 

            Commissioner Long gave a brief legislative update re: 2020 Water Commission, funding for the Archer Clinic and discussed the Habitual Offenders proposed Bill.

 

            Commissioner Chestnut discussed the issue of Health Flex being added to the legislative packet.

 

            Commissioner Long announced he will not be present at the 6:00 p.m. public hearings because he will be in Tallahassee on County business.

 

            Commissioner Chestnut discussed the County’s policy re: yard trash pickup.

 

            Commissioner Pinkoson discussed the legal opinion from the County Attorney re: Grants for active duty personnel.

 

            Commissioner Pinkoson moved to direct the County Manager to bring back a recommendation on a grant program duplicating Leon County including Operation Noble Eagle.  The motion carried 5-0.

 

5:30 P.M. – Public Comments

 

            Chair Byerly announced that it was now 5:30 p.m. and recognized David Russ who presented comments.

 

            Chair Byerly closed public comment at 5:36 p.m.

 

SECTION 6:  PUBLIC HEARINGS – 6:00 P.M.  -  Commissioner Long absent (in

                                                                                    Tallahassee on County business)

 

A.            Regular Matters:

 

(The Notice of Hearing on the following item appeared in the March 11, 2004 edition of the Gainesville Sun and Proof of Publication has been filed with the Clerk to the Board.)

 

County Attorney Dave Wagner and Assistant County Attorney Rob Livingston presented the following item:

           

25R/PH-032304            Conduct a public hearing and adopt an amendment to Chapter 72 of the Alachua County Animal Services Ordinance.

                                   

Staff Recommended Action:  Conduct the hearing, adopt Ordinance 04-03 and authorize the Chair’s signature.

 

            Chair Byerly opened the public hearing for public comment at 6:14 p.m.

 

            Chair Byerly recognized Allen Foley and Betsy Hunt who presented comments.

 

            Chair Byerly closed the public hearing at 6:25 p.m.

 

            There was a discussion re: Section 72.28 (c) re: right of entry. 

 

            After discussion, Commissioner Wheat moved to amend the draft ordinance dated March 16, 2004 on page 10, line 43 so that it will now read: “Pursuant to F.S. Sections 828.27, 828.073 and 125.01, animal services shall have the authority to enter public or unfenced private property, exclusive of buildings, to carry out the duties imposed by this chapter”; and adopt Ordinance 04-03 as amended.  The motion carried 4-0.

 

(The Notice of Hearing on the following item appeared in the March 11, 2004 edition of the Gainesville Sun and Proof of Publication has been filed with the Clerk to the Board.)

 

Assistant County Attorney Rob Livingston presented the following item:

 

26R/PH-032304            Conduct a public hearing and adopt amendments to sec. 24.16, Exhibit A, penalties for ordinance violation for the new section of Chapter 72 of the Animal Services Ordinance.

                                    Amount:       N/A

 

Staff Recommended Action:  Conduct the public hearing, adopt Ordinance 04-04, and authorize the Chair’s signature.

 

            Chair Byerly opened the public hearing for public comment at 6:30 p.m.

 

            There was no one present to speak either in support of or in opposition to the proposed ordinance.

 

            Chair Byerly closed the public hearing at 6:31 p.m.

 

            Commissioner Pinkoson moved to adopt Ordinance 04-04 and authorize the Chair’s signature.  The motion carried 4-0.

 

B.                 Zoning Matters – Quasi-Judicial Items:

 

County Attorney Dave Wagner stated that while we welcome comments from all persons with an interest in this proceeding, Florida law requires that the County Commission’s decision in a quasi-judicial action be supported by competent substantial evidence presented to the Commission during the hearing on the application.  Competent substantial evidence is such evidence as a reasonable mind would accept as adequate to support a conclusion.  There must be a factual basis in the record to support opinion testimony from both expert and non-expert witnesses.  Persons presenting testimony may rely on factual information that they present, that is presented by County staff, that the applicant presented, or on factual information included in the County staff report to support their testimony.

 

Mr. Wagner further stated that all persons wishing to participate and speak on an issue at the public hearing will be sworn in prior to speaking during this proceeding.  All persons will have the right, through the Chair, to ask questions, seek clarification of comments made and to respond to the comments or presentations of staff or other speakers; or to refute or respond to any ex-parte communication.  All persons who present written materials to Commissioners for consideration must ensure that a copy of such materials is provided to the Clerk for inclusion in the Board’s record of proceedings and official minutes.

 

            Deputy Clerk Shirley A. Lane asked if any Commissioner has received oral or written communication regarding the item.  Ms. Lane requested that Commissioners disclose the substance of the communication and identify the person(s) making the communication(s).

 

            Commissioner Wheat disclosed that the Board has received ex parte communications in the form of electronic mail messages from 44 citizens and a letter from Ed & Marceita Hoffmann.

 

            Summary Items:

 

            (There were no items advertised.)

 

            Old Business:

           

            (At its meeting held February 10, 2004 the Commission deferred action on approval of the Final Plat of Ridgemont to March 23rd and asked Mr. Lash, the Developer; Mr. Fletcher, County staff and other interested parties to work on a suitable resolution and report back to the Board within 30 days the following:  1) Resolution of the construction access to NW 23 Avenue North; 2) Staff to recommend temporary measures regarding construction traffic; 3) Speed tables to be installed prior to the completion of development; 4) Timetable on construction improvements on N.W 107; and 5) Expand notification to residents re: public hearing.)

 

            Deputy Clerk Shirley A. Lane administered the Oath to Rick Wolf, Michael Fay, Scott Mitchell, Rob Lash, Mark Coughlin, Ed Hoffmann, Virginia Dixon-Wood, Melissa Drake, Phil Waite, Loell Shephardson, Michael Hoffmann, Ken Heilman, Larry Smith, Jack Hadley, and Angela Medyk.

 

            Rick Wolf, Codes Enforcement Director, presented the following item:

 

22R/PH-021004            Recommend Approval of Final Plat for Ridgemont (formerly known as Pine Hills Estates IV)(containing 79 lots on 35 acres) Section 36-9S-18E – Located on Tax Parcel Numbers 04321-050-000 and 04321-060-000 (portion of) in the 1700 Block of N.W. 112th Terrace – O. Charles Swallows, Jr. – agent.     R-1A – Low Density Residential.

 

Development Review Committee Recommended Action:  Approval of the plat.

 

            Michael Fay, Public Works, reported that staff was directed to work with the applicant to resolve issues regarding construction access and traffic impacts to the existing Pine Hills neighborhood, particularly N.W. 107 Terrace.

 

            Mr. Fay advised that on March 1, county staff met with Rob Lash, the developer of the proposed subdivision consisting of 79 lots and located north of the existing Pine Hills subdivision; representatives of the Pine Hills neighborhood and Gainesville Regional Utilities (GRU).  The following topics were discussed: 1) Construction parameters for a potential extension of N.W. 23 Avenue and the level of participation that the County would be willing to undertake. 2) Timing of the opening of connections between N.W. 23 Avenue and N.W. 18 Court in the existing Pine Hills subdivision and the N.W. 15 Place connection in the Pine Hills subdivision to the Ridgemont subdivision. 3) Permanent and construction access to the N.W. 23 Avenue extension for the Ridgemont subdivision. 4) Use of the Gainesville Regional Utilities right-of-way (R/W). 5) Impact to current residents along the N.W. 23 Avenue R/W. 6) Consistency with the Comprehensive plan. 7) Legal mechanism to ensure that any agreements are adhered to. 8) Improvements with the Pine Hills subdivision. 9) Timetable for each step.

 

            Mr. Fay advised that Mr. Lash stated he is willing to construct the extension of N.W. 23 Avenue to the 10700 block.  Mr. Richard Fletcher, who owns the property between the potential N.W. 23 Avenue extension and the Ridgemont and Pine Hills subdivision would then construct a roadway connection to N.W. 18 Court/N.W. 107 Terrace that would serve a seven-lot subdivision he is proposing.   Mr. Lash would construct a temporary construction access from that road to the Ridgemont subdivision.  To facilitate this plan, Mr. Fletcher would need to obtain development plan approval for the proposed seven-lot subdivision.  No application has been submitted.

 

            Mr. Fay advised that Mr. Lash is willing to construct the extension of N.W. 23 Avenue if he is only required to construct it to the same parameters as the existing section and only have to expend the same amount of approximately $230,000 that he would expend for the upgrading on N.W. 107 Terrace.  Public Works staff had advised Mr. Lash early in the design steps that any extension to N.W. 23 Avenue would need to comply with the Alachua County Corridor Design Manual.

 

            Mr. Fay advised if the construction of the N.W. 23 Avenue and N.W. 107 Terrace extensions cannot be accomplished, the required modifications to N.W. 107 Terrace between Newberry Road and N.W. 15 Place, would be undertaken as part of the construction of the Ridgemont infrastructure and must be completed prior to the issuance of the first Certificate of Occupancy in the Ridgemont subdivision.

 

            Mr. Fay stated he met with Mr. Lash and Mr. Fletcher on March 11 to discuss the estimates and what option could be explored.  Mr. Lash reiterated his offer of a $230,000 contribution and Mr. Fletcher stated that the only way he would allow a construction access across his property would be if N.W. 23 Avenue were extended as a paved road.

 

            Mr. Fay stated given the anticipated costs, staff cannot support the expenditure of $435,000 to $515,000 in public funds for the extension of N.W. 23 Avenue at the present time.  Although this would assist in relieving some of the development pressures in the Pine Hills Estates neighborhood and the stormwater management system could be developed as a regional type facility and possibly be used to ease some flooding that occurs in the area, there are more pressing transportation needs for the existing overall transportation system.  Staff does recommend that Mr. Lash continue to work with GRU and Mr. Fletcher in an attempt to develop construction access for heavy trucks via the N.W. 23 Avenue extension.  However, staff does not anticipate that Mr. Lash will be successful because of what appears to be an intractable position that Mr. Fletcher has clearly stated to staff.

 

            Chair Byerly opened the hearing for public comment at 7:58 p.m.

 

            Chair Byerly recognized the following citizens who presented comments:  Scott Mitchell, Rob Lash, Mark Coughlin, Ed Hoffman, Virginia Dixon-Wood, Melissa Drake, Phil Waite, Loell Shepardson, Michael Hoffman, Ken Heilman, Larry Smith, Jack Hadley and Angela Medyk.

 

            Chair Byerly closed the public hearing at 9:25 p.m.

 

            After discussion, Commissioner Pinkoson moved to defer this item until staff brings it back to the Commission in order to provide staff the opportunity to continue to work with Mr. Lash, Mr. Fletcher and concerned residents of the Pine Hills subdivision in an attempt to resolve the construction access issue.  Staff should strenuously emphasize to Mr. Fletcher the County will not be funding the extension of N.W. 23 Avenue since it is not currently in the Metropolitan Transportation Planning Organization (MTPO) 2020 Transportation Plan.  The motion carried 4-0.

 

            New Business:

 

            (There were no items advertised.)

 

            There being nothing further to come before the Commission the meeting was adjourned at 9:48 p.m.

 

            Following is the approved consent agenda:

 

(The items appearing on the Consent Agenda have been previously reviewed at respective committee meetings or are of a routine nature.  The motion to approve the Agenda approved all items and recommended action on the Consent Agenda.)

 

SECTION 1:  COMMUNITY OUTREACH

 

A.            Recognitions and Proclamations

 

            (There were no items submitted.)

 

SECTION 2:  GOVERNMENTAL UNITS

 

A.            Constitutional Officers/Other Governmental Units

 

            1.            J.K. “Buddy” Irby, Clerk

 

01C-032304              Request for Ratification of Warrants List for the period March 1, 2004 through March 18, 2004.

 

                                                Recommended Action:  Ratify Warrants List.

 

02C-032304              Request Approval of Alachua County Commission Meeting Minutes.

                                    a.            February 24, 2004 - Regular and Public Hearing

                                    b.            March 2, 2004 - Special Meeting -1:30 p.m.

                                    c.            March 2, 2004 - Joint Meeting with the City of

                                                Hawthorne - 6:30 p.m.

 

                                                Recommended Action:  Approve the minutes.

 

            2.            Stephen M. Oelrich, Sheriff

 

03C-032304              Request to apply for a joint grant with Florida Department of Law Enforcement (FDLE) for the entire Eighth Judicial Circuit to purchase new breath test instrumentation currently being used in Florida.

                                    Amount:            $87,775.00 (revenue)

                                                25% match provided by FDLE

 

Recommended Action:  Approve the request and authorize the Chair’s signature.

 

B.                 Committee Reports

 

            (There were no items submitted.)

 

C.                County Attorney

 

(There were no items submitted.)

 

D.        County Manager

 

Community Planning Group

04C-032304              Request acceptance of the minutes from the Community Planning Group’s meetings of January 20, 2004, February 3, 2004 and February 17, 2004.

                                   

                                                Staff Recommended Action:  Approve the request.

 

05C-032304              Request approval of the SHIP SFY 03-04 funding commitment to CED Alachua Partners, Ltd. for the proposed development of Alachua Cove Apartments.

                                    Amount:            $100,000.00

 

                                                Staff Recommended Action:  Approve the request.

 

06C-032304              Request approval of the CDBG Housing Rehabilitation Grant Closeout Package and authorize the Chairman to sign Form 07.02 and CDBG Applicant/Grantee/Recipient Disclosure Certification Form.

                                    Amount:       N/A

 

Staff Recommended Action: Approve the request and authorize the Chair’s signature.

 

            Community Services Group

           

07C-032304              Request approval of the finance report and change order #1 to Purchase Order #040536 to Fisher Scientific Company, LLC, for protective clothing. 

                                    Amount:            $70,000.00

 

Staff Recommended Action: Approve the request and authorize the Chair’s signature.

 

08C-032304              Request authorization to advertise the Full Cost Accounting Statement for Fiscal Year 2002-2003.

                                    Amount:       N/A

 

                                                Staff Recommended Action:  Approve the request.

 

Support Services Group

     

09C-032304              Request acceptance of the report of Contracts, Change order and Grants executed by the County Manager and Staff for the period February 1, 2004 – February 29, 2004.

                                    Amount:       N/A

 

Staff Recommended Action:  Accept the report and include a copy of the executed documents in the Board’s minutes.

 

10C-032304              Request ratification of reimbursement to Integrated Administrators, Inc. for Workers’ Compensation, Automobile and General Liability Claims paid during February 2004.

                                    Amount:            $39,288.36

 

Staff Recommended Action:  Approve the ratification of the reimbursement.

 

11C-032304              Request ratification of reimbursement to Employer’s Mutual, Inc. for Workers’ Compensation, Automobile and General Liability Claims paid during February 2004.

                                    Amount:            $6,038.73

 

Staff Recommended Action:  Approve the ratification of the reimbursement.

 

12C-032304              Request to approve the bid award and agreement with the Alexander Group LLC for ductwork replacement at the Alachua County Fire Rescue Headquarters.

                                    Amount:            $149,716.00

 

Staff Recommended Action:  Approve the request and authorize the Chair’s signature.

 

13C-032304              Request authorization to advertise a public hearing for budget adjustments related to fund balance decreases of CDBG and SHIP funds to match actual awarded amounts.

                                    Amount:            ($1,989,134.00) decrease

 

                                                Staff Recommended Action:  Authorize the request.

 


 

END OF CONSENT ITEMS

 

 

 

 

 

 

                                                                                    ________________________________

                                                                                    J.K. “Buddy” Irby, Clerk to the

                                                                                    Board of County Commissioners