Real Estate in Callahan Florida - DOC

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					                                            McIntosh Town Council Minutes
                                                   Civic Center
                                                 February 11, 2010

I)        The meeting was called to order with The Lord‟s Prayer and pledge to the American Flag.

II)       Roll call was taken with Council President Ciotti, Council Vice-President Deaderick, Council Member Callahan
          (arriving after roll call), Council Member Hamilton, Mayor McCollum, Attorney Baris, and Town Manager/Clerk
          Gonano present. Council Member Kingsley was absent.

III)      Consent Agenda Items:
       A) Minutes of the Town Council Meeting of January 14, 2010.
       B) Financial Report for January 2010.
          Council Member Hamilton made a motion to accept the consent agenda.
          Council Vice-President Deaderick seconded the motion.
          Motion passed and carried 4-0 to accept the consent agenda. Council Member Kingsley was absent.

IV)       Guests:
       A) Chip Bazemore – McIntosh Area School:
          Chip Bazemore from the McIntosh Area School Board reported that the deal to acquire 10 acres of property from the
          Rath estate (5 acres purchased and 5 acres donated) has been consummated. Information is currently being
          collected and future plans are in the works to design and build a permanent structure on the site. Proposed plans will
          be presented to the Town Council when completed. Chip reported that the 10 acre parcel was divided into two 5
          acre parcels. The east parcel will situate the actual school building (330‟ x 660‟ parcel) and the west five acres which
          border the Rath estate will be the recreation/playground area. The paperwork was written assuring that if the school
          closes, the 5 acre parcel donated by the Rath estate would revert back to the Rath heirs. Chip stated that depending
          on engineering and permitting, he optimistically thought that the building could be completed within 9-12 months.
          Council Vice-President Deaderick stated that there weren‟t any current school board members who were members of
          McIntosh, and Chip agreed. Deaderick asked Chip for a count of total residents currently working at the school and
          the number of students who actually live in Town. President Ciotti reminded Chip that the clinic would be moving into
          the clinic space on March 19, and Chip acknowledged that date. Chip will be talking to Judy Greenberg regarding
          communication issues regarding minor set-up problems associated with the farmer‟s market.

V)        Citizen’s Comments:
       A) Lalla Gallagher:
          Lalla Gallagher presented a proposed survey with the actual old boundaries and proposed new boundaries
          incorporating the stone wall around their property. There was discussion regarding the existing fence being on town
          property at the SE corner of their parcel line. The Gallaghers are responsible for paying the attorney and advertising
          costs for any changes, and Attorney Baris gave the assurance that costs would be reasonable. Attorney Baris was
          not sure what process needs to be followed to abrogate the property, but would research the codes and other areas.

       B) Bill Glass:
               1)     Bill Glass voiced his opinion that our property taxes were being assessed unfairly by the Marion County
                      Property Appraiser. The problem is that the Town of McIntosh does not have enough equivalent sales;
                      therefore, Bill stated his belief that the $300 front foot being assessed in the McIntosh Historic District
                      was based on property values relative to Ocala‟s Historic District.
               2)     Additionally, Bill Glass had researched completed new houses in Marion County which had yet to pull a
                      CO or have finalized inspections. These improved properties are being assessed on the tax rolls as
                       unimproved properties; thereby not paying their fair share of property taxes as improved parcels. In this
                       way, builders save or postpone ad valorem taxes and impact fees. The building department tracks the
                       progress of open permits and provides reports to the property appraiser. Bill related that only 42% of
                       property owners in Marion County pay ad valorem taxes.
               3)      Bill also related that the Marion County Commission has documented that property values have fallen
                       an additional 7-10% since last year‟s decrease. Although housing sales have improved in the last
                       quarter of 2009, sales are substantially lower than in previous years. The general consensus is that
                       property values are still assessed too high.
               4)      Monroe Regional Hospital, which is supported by the taxpayers, is losing money. The Marion County
                       Commission is trying to raise the county-wide millage rate assessment 2 mills to benefit the hospital.
                       Bill related that there is a private corporate offer (and additionally two other interested parties) on the
                       table to purchase Monroe Regional for $175 million dollars. This would enable the County to pay off the
                       $30 million dollar bond; thus rendering the hospital an ad valorem tax paying asset, but the hospital
                       board will not consider the offer.
               5)      Bill Glass asked for portions of the town-owned fence on the east side of 8 Street and South of Avenue
                       C bordering his vacant lot be removed by the town.
           Council Vice-President Deaderick made a motion for the Town to send a letter to the Marion County Property
           Appraiser reiterating that we would like our properties appraised accurately relative to market values.
           Council Member Hamilton seconded the motion.
           Motion passed and carried 4-0 to write Villie Smith a letter. Council Member Kingsley was absent.

VI)        Citizen Board Committee Updates:
        A) Tree Preservation Committee:
          Sean Dowie reported on recent progress relating to moss removal and tree trimming by Evergreen. The tree
          committee had spent a total of $4,687.50 of the $5,000 allocated towards their budget. Sean estimated that it would
          take another three days of trimming work to complete the east side of town.
          Council Vice-President Deaderick made a motion to free up $2700 of tree trimming expense by transferring
          and reallocating $2700 to the streets budget.
          Council Member Hamilton seconded the motion.
          Motion passed and carried 4-0 to transfer $2700 to the streets budget. Council Member Kingsley was
          Sean related that the new Heart of Florida books had just been published and are being distributed. The Windmill
                                                                                              th      st
          Gallery will host a release party for the Heart of Florida magazines on February 20 and 21 . An upcoming artist
          paint out is scheduled for April 2010.

        B) Civic Center Ad Hoc Committee:
          Lalla Gallagher presented an updated checklist and pictures of existing damage to the civic center which will need to
          be addressed. It was suggested that Tim McKee be called to provide an estimate to fix a roof leak in the soffit. Lalla
          was concerned about repairs made to a window by Thurman, but it had not yet been caulked. The outside work
          would be completed first. Upon completion, inside work would be started. It was discussed that time constraints
          would be involved, as the maintenance crew would need to complete mowing and other work when the growing
          season started. Council Vice-President Deaderick asked Town Manager Gonano to keep a maintenance book for the
          civic center.

VII)       Message from the Clerk:
       A) Base Map:
          Town Manager Gonano has been working with Bruce Day from the Withlacoochee Regional Planning Council to
          create new maps for the Comprehensive Plan. Bruce Day had received grant money on the Town‟s behalf to update
          all the maps in the Comp Plan, including the Historic District, Land Use, Soils, Wetlands, Minerals, Transportation,
          Drainage, Potable Water, and Flood Plains Maps. The first step is to produce a base map from which all other maps
          will be created. The revised base map was presented to the Council for feedback. The Council questioned Marion
          County property located in Orange Lake. Ownership of various parcels of property in Town, including the Mayor‟s
          acquired property from the State along 441 in front of his property and the Glass MHP and a drainage ditch and
          culverts running in Robert‟s Acres and emptying into the Lake were additionally questioned. The Council felt that
          certain features which weren‟t shown on the base map should be included. Vice-President Deaderick asked the
          Mayor to obtain a large map (4‟x6‟) from a surveyor which could be used in future meetings.

VIII)     Message from the Mayor:
      A) Marion County Deficit Budget and Employee Raises:
         Mayor McCollum wanted the Town to send a letter to the Marion County Commission reproaching 6% pay increases
         recently given to 129 Marion County employees. With Marion County looking to cut their current budget by $10
         million dollars, the Marion County Commission has voted to give County employees a 6% raise, has given builders
         incentives by waving $6,000/unit impact fees, but has assessed increased 5 cent/gallon gas tax on County residents,
         with no increase in diesel fuel tax.
         Council Vice-President Deaderick made a motion to send a letter to the Marion County Commission
         objecting to a 6% salary increase for 129 employees.
         Council Member Callahan seconded the motion.
         Motion passed and carried 4-0 to send a letter of objection to Marion County. Council Member Kingsley was
         The Mayor will sign the letter to be written by Town Manager Gonano.

IX)       Message from the Attorney:
      A) Southeastern Integrated Medical, PL (SIMED) – clinic lease and related issues:
         Attorney Baris reported that the lease had been signed by both SIMED to relocate to McIntosh, and the school to
         vacate the clinic portion of the building.

      B) McIntosh Cemetery Association:
         The title search had been received showing that the McIntosh Cemetery Association owned the cemetery free and
         clear with no liens, judgments, or mortgages. Attorney Baris stated that the McIntosh Cemetery Association does not
         truly exist, as it‟s not registered with SunBiz and is a dissolved corporation. Baris suggested looking into the
         Association‟s bylaws and stated that the Association should legally be operating under the rules of normal
         corporations. Vice-President Deaderick felt that the current standing of the cemetery left it open to possible claims
         which could be filed to acquire ownership of the cemetery property. Attorney Baris suggested that the Association‟s
         existing bank account could be raided if not properly established. Mayor McCollum and President Ciotti had
         attended the annual cemetery meeting last month. President Ciotti related that the existing board members of the
         Cemetery Association had been running the cemetery for the past 40 years, but that the members were all aging.
         President Ciotti had indicated to the board members that the Town would be willing to take ownership of the
         cemetery while allowing the current board to maintain cemetery operations. Another option would be for Town
         Manager Gonano to take responsibility, if they agreed. Recent past actions regarding the Town‟s decision to provide
         maintenance to the privately-owned cemetery was discussed. Town Manager Gonano corrected Vice-President‟s
         statement regarding an attorney general‟s decision which had been researched by President Ciotti regarding a
         similar situation. In the attorney general‟s response, public funds could be expended to maintain a private cemetery
         that had not been maintained for a period in excess of six months, provided adequate notice had been provided to
         the Department of Financial Services. Mayor McCollum related a brief history of cemetery proceedings. Many years
         ago, plots had been sold for $25. Obviously, the past selling price of the cemetery plots would not provide enough
         income in current times to adequately maintain the cemetery. The Cemetery Association responded by creating an
         endowment fund whereby cemetery plot owners/heirs who could be located were asked to pay a one-time
         endowment fee of $500 or given a second option to pay $20/year to be placed in a savings account with the hopes of
         earning enough interest income to properly maintain the cemetery without spending the principle funds. Meanwhile,
         to offset costs, the State prison work crew was contracted to provide maintenance until the cemetery could be
         financially self sufficient. Current problems arose when the prison work crew did not provide anticipated regular
         cemetery maintenance. The proposed cemetery lawn maintenance contract was presented for Council review. Bill
         Glass questioned the Town‟s ability to enter into a contract with the cemetery, as it‟s privately owned. Mayor
         McCollum stated that it was an acceptable arrangement. Town Manager Gonano was asked to make one change to
         the proposed agreement by deleting the phrase “for a total of five days (36 hours) per month.” Maintenance should
         not be restricted to a particular number of hours per month, but should be determined by the scope of the work
         Council Vice-President Deaderick made a motion to present the amended maintenance agreement to the
         McIntosh Cemetery Association for approval.
         Council Member Callahan seconded the motion.
         Motion passed and carried 4-0 to present the lawn maintenance agreement. Council Member Kingsley was

     C) Ordinance No.: 2010-174 Citizen Boards Membership:
        Attorney Baris presented a revised citizen board membership ordinance whose intent is to make it easier for the
        Historic Preservation Committee and the Tree Preservation Committee members to conduct business by changing
        the number of members required and by changing what determines a voting quorum for the committees. Vice-
        President Deaderick pushed for the wording to be changed to “committee be made up of not less than 3 people or
        more than X.” This change would serve to not exclude any interested people from participating in the committee. A
        quorum could then be defined as 50% or more of the sitting members of the committee. Attorney Baris will make the
        proposed changes. Any changes will have to be considered first by the LPA before being referred back to the Town
        Council for final readings.
        (No first or second motion.)
        Motion passed and carried 4-0 to revise proposed Ordinance No.: 2010-174 to reflect Citizen Board
        Membership to 3-5 members with a quorum to be made up of a 50% or more of the sitting members of the
        committee. Council Member Kingsley was absent.

     D) Ordinance No.: 2010-175 Dimensional Requirements Table:
        Attorney Baris presented an ordinance suggested by Town Manager Gonano to revise a typo in the dimensional
        requirements table, which would bring the code into compliance with the Comprehensive Plan. The Agricultural
        Conservation (AC) zoning requirement should state “Ten acres for single-family,” but mistakenly states “One acre for
        single-family.” Vice-President Deaderick reviewed the future land use map presented by Town Manager Gonano
        which had been created in the 1990‟s. The remaining number of parcels zoned as AC had diminished to a handful
        as a result of recent rezoning. Deaderick felt that the requirement for ten acres should be changed, as the Town is
        basically a residential community, not agricultural. He suggested that the requirement be sent back to the LPA for a
        determination of the few remaining parcels. Alan Kloes from the LPA was present and suggested that per LDC
        Article 2, the original requirements were put in place to protect and conserve agricultural land. Vice-President
        Deaderick felt that the ability to preserve conserved land is out of the Town‟s hands. The revised ordinance will be
        sent to the LPA for review and recommendation to be made to the Town Council. The procedure to correct a simple
        typo was discussed and explained by Attorney Baris.

X)       Old Business:

XI)      New Business:
      A) Avenue H Obstruction – Tree Removal in front of town shop:
         Eugene Colwell and Mayor McCollum asked to have the pending tree removal of a large oak tree on Avenue H
         discussed. The oak tree is impeding large vehicle traffic flow on Avenue H (trailers headed to the McIntosh Fish
         Camp.) Mayor McCollum related that previous trailers were moved into Robert‟s Acres via the railroad right-of-way.
         Use of the dirt road east of the Depot was discussed as an available option, and Beverly Dodder stated that the
         fence along that road had been removed and replaced twice to accommodate large vehicle traffic. Paul should meet
         with Sean and any other interested parties to review all options available to ease the situation.

      B) Fred Wilson – 5965 Avenue F purchase (including grocery store):
         President Ciotti indicated that he and the Mayor had been in contact with Fred Wilson regarding purchasing the
         grocery store/bank building property located at 5965 Avenue F. At the time the Town considered purchasing the
         property in 2007; Mr. Wilson wanted $275,000 for the property (excluding the grocery store building). See February
         3, 2007 Workshop Minutes. Mayor McCollum offered $200,000 and Fred Wilson countered with $225,000 plus all
         associated transaction costs. (This includes parcel #„s 2511-000-00, 2511-001-00, 2511-002-00, and 2513-000-00.)
         Fred currently rents the old bank building for $700/month. President Ciotti had called the Town‟s auditor, Richard
         Powell, to discuss purchase scenarios. Mr. Powell had suggested spending a portion of the Town‟s unrestricted
         funds and borrowing the remainder from the Town‟s Street-restricted funds. President Ciotti admitted that he wasn‟t
         sure what to do with the property if acquired, but felt that it was a key piece of Town property. Low interest income
         rates being received on Town CD‟s were discussed. Vice-President Deaderick felt that the property had cost the
         Town thousands of dollars with investigation on past complaints. Deaderick felt that the property could be rezoned
         and sold to benefit the Town. Town Manager Gonano felt that other issues to consider were that the Town‟s cash is
         tied up in CD‟s with the first available maturing in September 2010 and her understanding that there could be
         potential drainage issues on the lot in question relative to increasing any impervious surfaces.
         Council Vice-President Deaderick made a motion to buy the Wilson property.
         Attorney Baris felt that the motion should be amended to reflect an offer to the Wilson‟s consistent with the terms and
         conditions of a real estate contract. Mayor McCollum suggested moving Town Hall to the old bank building to save
         the $400/month currently being paid as rent.
          Council Vice-President Deaderick revised his motion to reflect an offer to the Wilson’s consistent with the
          terms and conditions of a real estate contract.
          Council Member Hamilton seconded the motion.
          Attorney Baris was instructed to put a clause in the contract enabling the Town to change its mind, if warranted. A
          closing date after the Town Council meeting date in April was suggested. Total appraised taxable value per the
          Marion County Property Appraiser is currently $334,387 for the four parcels. Bill Glass felt that a counter offer in a
          lesser amount should have been made to Fred Wilson. Anticipated closing costs were discussed and Attorney Baris
          would put together a statement of those estimated costs.
          Motion passed and carried 4-0 by roll call to make an offer on the Wilson property. Council Member
          Kingsley was absent.
          Mayor McCollum related that he had not mentioned the purchase to anyone and accused Town Manager Gonano of
          speaking to Bill Glass about the offer. Town Manager Gonano denied the accusation and reminded Mayor McCollum
          that the proposed purchase was an agenda item. President Ciotti agreed. Bill Glass stated that he was present at
          the meeting because of the possible purchase being on the agenda.

       C) Cemetery Proposed Maintenance Agreement Contract:
          Discussed under Attorney‟s Comments Item IX) B.

XII)      Message from the Council:
       A) Council Member Callahan:
          Council Member Callahan wanted to vote on the colors submitted for the painting of the civic center, but permission
          had already been given to the ad hoc committee to choose the colors at the December 10, 2009 meeting.

       B) Council Vice-President Deaderick:
          The Vice-President asked the Council for permission to install a water meter and hose bib for use by the farmer‟s
          market on town-owned property adjacent to the school. He believed that the installation charge of $400 plus the
          cost of the meter and the use of water should be waived for the non-profit group. Bill Glass was opposed to giving
          the farmer‟s market free water, as the churches were also non profit, but paid for water. Council Member Hamilton
          suggested that they would probably pay the $9.90/month to have water at the location. Deaderick agreed that he
          was not opposed to charging them, but said first a water meter needed to be installed.
          Council Vice-President made a motion to install a water meter at the farmer’s market location.
          Council Member Hamilton seconded the motion.
          Motion passed and carried 4-0 to install a water meter. Council Member Kingsley was absent.

Meeting Adjourned,

Town Manager/Clerk


          Council Member Hamilton seconded the motion.
          Motion passed and carried 4-0 to install a water meter. Council Member Kingsley was absent.

Meeting Adjourned,

Town Manager/Clerk


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