MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD DECEMBER 7, 1992



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting December 7, l992, at 8:30 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Jimmie Sheffield, Chairman

Wilbur Bush

V. C. Cannon

Sue B. Suggs

Fred Wilkerson



Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell and Denise Troyer, Deputy Clerks, David Brittin, EMS Director, Carl Rehburg, Building Inspector, Richard Perryman, Civil Defense Director, Buddy Joyner, Transportation Supervisor, Marvin Weaver, County Agent, Wilma Mattucci, County Librarian, Steve Bivens, Wacasassa Volunteer Fire Department, Ann Moseman, Ferrellgas Co., John Landers, Santa Fe Landing Subdivision, W. O. Clifton, Mayor of Trenton, Kathryn Deen, Trenton City Manager, Nate Huntley, Boone Waste, Clyde Forbes, Florida Westcoast Railroad, Bobby Mikell and Thomas Bryant, Division of Forestry, Fred Miller, Soil Conservation, Judy Boles and David Utuich, Southern Bell, Fred Fox and Martha Mahalick, Fred Fox Enterprises, Sara Collis, Bob Matusik, Doug Crawford, Lloyd Roiser, Mike Casey, Joe Blanchard, Bud Clapp, Craig Hennis, and James Moore, county residents.



APPROVAL OF MINUTES OF PRIOR MEETINGS



Minutes of meetings dated September 28th, September 29th, October 5th, and October l3th, were unanimously approved following a motion from Commissioner Suggs, which was seconded by Commissioner Bush.



ATTORNEY'S REPORT



Mr. Burt reported to the Board that he had attended a legislative conference sponsored by the Florida Association of Counties. While there, a committee was formed to lobby and pursue utility taxes and although Mr. Burt was appointed to the committee, he requests the Board's approval. A motion was made by Commissioner Suggs, seconded by Commissioner Cannon to appoint both Mr. Burt and Mr. Barron to this committee. The motion carried unanimously.



Mr. Burt stated that the l0 year period for economic development ad valorem tax relief on new businesses may soon be expiring.



Mr. Burt reported that he had met with Scott Koons and Lowell Garrett regarding the Land Development Regulations, and it appears they are ready to proceed, advising that a meeting with the Board of County Commissioners and the Zoning Board will need to be scheduled in mid-January, followed by two additional meetings.



Mr. Burt reported that according to the statutes, 9ll funds can not be carried over from year to year, except by resolution. In addition, the statutes state the amount that can be carried over. The Board unanimously adopted a resolution to carry over these funds, upon a motion from Commissioner Wilkerson, seconded by Commissioner Cannon. The resolution is as follows:



RESOLUTION NO. 92-39



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA, AUTHORIZING A CARRY FORWARD

OF "911" FEES BILLED FOR THE YEAR 1992.



WHEREAS, the Board of County Commissioners of Gilchrist



County, Florida, (the "County"), has accumulated "9ll" fees



during the year l992; and



WHEREAS, the County has not expended any of the monies



accumulated in the fund; and



WHEREAS, the County desires to allow the said monies



collected to accumulate in order to allow for capital improve-



ments as described in Section 365.l7l (l3), Florida Statutes.



NOW, THEREFORE, BE IT RESOLVED by the Board of County



Commissioners in and for Gilchrist County, Florida, that:



l. The "9ll" fees accumulated during the year l992 be



carried forward for purchase of the capital improvements as



above described.



2. This Resolution shall be effective upon adoption.



DULY ADOPTED this 7th day of December, l992.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



______________________________

JIMMIE SHEFFIELD, CHAIRMAN



ATTEST:



______________________________

JACKIE R. BARRON,

EX-OFFICIO CLERK



APPOINTMENT TO NORTH CENTRAL FLORIDA HEALTH PLANNING COUNCIL



Chairman Sheffield stated that he had received a letter of resignation from Gary Rexroat, from the North Central Florida Health Planning Council. Mr. Rexroat recommends Ms. Tammy Sanders to fill his vacancy. Ms. Sanders is the Chief Executive Officer of the Trenton Medical Center. Following discussion, a motion was made by Commissioner Wilkerson, seconded by Commissioner Suggs to appoint Ms. Sanders to the Council. The motion carried unanimously.



CLERK'S REPORT



Following review, a motion was made by Commissioner Wilkerson, seconded by Commissioner Bush to approve the bills submitted to the Board for payment. The motion carried unanimously. Commissioner Wilkerson requested Mr. Barron to prepare a report of annual expenditures for repairs to county buildings. Mr. Barron left the meeting at this time, 9:45 a.m., to call the roll for the jury. The Clerk's report will continue at a later point in the meeting.



LIBRARY REPORT



Ms. Mattucci stated that the problem with classes crossing the street to visit the library has been resolved. The storage building has been moved awaiting the trees to be cut. The Board discussed with Mr. Burt the possibility of Mr. McGee cutting the trees and whether this should be allowed if he does not have liability insurance. Mr. Burt advised the Board not to allow anyone to cut the trees without liability insurance. Ms. Mattucci discussed the railroad ties that she needs to block off parking at the library, with Chairman Sheffield stating that he would contact Mr. Forbes about donating some to the library.



COUNTY LIABILITY & PROPERTY INSURANCE



Ms. Pitzarell reviewed the preliminary report submitted by Waters Risk Management, with the Board. The report indicates substantial savings in premiums, and the final report will be available next week, including a recommendation from Mr. Waters.



JOHN LANDERS: SANTA FE LANDING



Mr. Landers appeared before the Board, requesting the Board the reduce his letter of credit. There are approximately l l/2 years remaining on the period of time that he is to maintain the roads in that subdivision. Mr. Sheffield stated that if the Board were to grant his request, it could set precedent for future road developers. A motion was made by Commissioner Wilkerson, seconded by Commissioner Cannon to deny Mr. Landers request. The motion carried with a split vote as follows:



Commissioner Wilkerson- Yes

Commissioner Cannon- Yes

Commissioner Bush- Yes

Commissioner Sheffield- Yes

Commissioner Suggs- No



DOT- FEDERAL FUNCTIONAL CLASSIFICATION MAP



The Department of Transportation requests that the Board accept by resolution, their classification of roads within Gilchrist County. State road 26 is classified as a principle arterial road, with state roads 47 and 49 classified as minor arterial roads. The Board unanimously approved these classifications, by resolution, following a motion from Commissioner Wilkerson, which was seconded by Commissioner Suggs. The resolution is as follows:



RESOLUTION NO. 92-40



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS APPROVING THE FEDERAL FUNCTIONAL CLASS-

IFICATION OF ROADS WITHIN THE BOUNDARIES OF GILCHRIST

COUNTY.



WHEREAS, the Federal Highway Administration requires all



roads in the State of Florida to be classified according to



their function; and,



WHEREAS, the staff of the Gilchrist County board of County



Commissioners has worked with the Florida Department of Trans-



portation District Two (hereafter known as DOT) to develop the



required functional classification designations; and,



WHEREAS, the staff of the Gilchrist County Board of County



Commissioners has recommended that the functional classification



it developed with FDOT at the August 27, l992 workshop be



approved by the Gilchrist County Board of County Commissioners;



NOW, THEREFORE, BE IT RESOLVED THAT THE GILCHRIST COUNTY



BOARD OF COUNTY COMMISSIONERS APPROVES THE FUNCTIONAL CLASSI-



FICATION OF ROADS WITHIN THE BOUNDARIES OF GILCHRIST COUNTY, AS



SHOWN ON THE ATTACHED MAP.



DULY ADOPTED in regular session, this 7th day of December,



A.D., l992.



GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



________________________________

JIMMIE SHEFFIELD, CHAIRMAN



ATTEST:



______________________________

JACKIE R. BARRON,

EX-OFFICIO CLERK



RESIGNATION OF FRANCES ALDA BAILEY



A letter of resignation from Mrs. Bailey, who is retiring, has been submitted to the Board. A motion was made by Commissioner Suggs, seconded by Commissioner Wilkerson, to accept her resignation. The motion carried unanimously.



CITY OF TRENTON: SOLID WASTE RECYCLING



Mayor W. O. Clifton and City Manager Kathryn Deen appeared before the Board to discuss the city's garbage service. In a previous meeting, Mr. Conner, Solid Waste Supervisor, stated that even though the Board increased the tipping fee from $38 per ton to $44 per ton, the county is losing money, and the fee should be raised to $49 per ton, in order to break even. These increases will affect the city residents, who are currently charged $9.83 per month (residential) by the City. The City of Trenton produces approximately 44% of the county's garbage hauled to Alachua County's landfill, however, since the garbage is compacted, it is not fit for recycling. Mr. Barron suggested that the county provide recycling bins to city residents, with the county recycling truck picking up recyclables on a weekly or bi-weekly basis. This would reduce the amount of compacted garbage and assist the county in reaching the 30% state-wide recycling goal. The city requests that Boone Waste be allowed to continue to haul directly to Alachua County at the rate of $38 per ton until the recycling program comes into effect. The city will target January l, l993, as a goal to start the recycling program. A motion was made by Commissioner Suggs, seconded by Commissioner Wilkerson, to authorize Mr. Barron to negotiate with Alachua County on behalf of the City of Trenton, for Trenton to continue hauling to Alachua County's landfill until the recycling program is in place. The motion carried unanimously.



The Board recessed for lunch at l2:07 p.m. and reconvened at l:09 p.m.



DIVISION OF FORESTRY: RAILROAD RIGHT-0F-WAYS FIRE HAZARDS



Mr. West, Division of Forestry, requests the Board designate railroad right-of-way fire hazards in the county. According to the Division of Forestry, the entire railroad, running from county line to county line is considered a fire hazard. Mr. Clyde Forbes, Florida Westcoast Railroad, and Mr. Rob Denson, Attorney for Mr. Forbes were present. Mr. Denson stated that Florida Westcoast Railroad has always cooperated with the Division of Forestry, and can continue to do so, without the county's intervention. According to the statutes, the Board of County Commissioners must concur with the Division of Forestry's fire hazard designations to make them valid. However, by doing so, the Florida Westcoast Railroad may be liable for any fires along the railroad, regardless of the nature of the fire. Following discussion, the Board unanimously agreed to deny the Division of Forestry's request, upon a motion from Commission Bush, which was seconded by Commissioner Suggs.



PUBLIC HEARING: ORDINANCE PROHIBITING PUBLIC NUDITY



Following discussion, the Board unanimously adopted Ordinance No. 92-09, upon a motion from Commissioner Wilkerson, which was seconded by Commissioner Cannon. The Ordinance is as follows:



ORDINANCE 92-09



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF GILCHRIST, STATE OF FLORIDA, TO BE KNOWN AS THE

GILCHRIST COUNTY PUBLIC NUDITY ORDINANCE; STATING THE IN-

TENT OF THE ORDINANCE; PROVIDING THE DEFINITION OF NUDITY

AS PROHIBITED BY THIS ORDINANCE AND PROVIDING OTHER DEFI-

NITIONS; PROVIDING LEGISLATIVE FINDINGS; PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF WITHIN ALCO-

HOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING NUDITY IN CER-

TAIN OTHER PUBLIC PLACES; PROVIDING FOR ENFORCEMENT AND

PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING

FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; AND

PROVIDING AN EFFECTIVE DATE.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, (the "Board"), is aware that local governments may, by virtue of the Twenty-First (21st) Amendment to the United States Constitution, regulate and prohibit various forms of actual and simulated Nude and sexual conduct, and the depiction thereof, within and around Establishments Dealing in Alcoholic Beverages. See California v. LaRue, 409 U. S. 109, 93 S. Ct. 309, rehearing denied, 410 U. S. 948, 93 S. Ct. 1351 (1972); and New York State Liquor Authority v. Bellanca, 452 U. S. 714, 101 S. Ct. 259 (1981); and



WHEREAS, the Board is aware that local governments may prohibit the exposure of certain body parts in and around Establishments Dealing in Alcoholic Beverages, see Geaneas v. Willets, 911 F. 2d 579 (11th Cir. 1990); and,



WHEREAS, the Board wishes to regulate nudity and sexual conduct in and around Establishments Dealing in Alcoholic Beverages; and, and the Board is aware of evidence from other communities that indicates that nudity and sexual conduct, coupled with alcohol in Public Places, begets undesirable behavior, and that prostitution, attempted rape, rape, and assault have occurred and have the potential for occurring in and around Establishments Dealing in Alcoholic Beverages where Nude and sexual conduct is permitted; and,



WHEREAS, the Board wishes to protect against similar conditions to the end that they not occur in Gilchrist County at or around Establishments Dealing in Alcoholic Beverages; and,



WHEREAS, the Board desires to prohibit the public display of Nude conduct and sexual behavior or the simulation thereof in and around Establishments Dealing in Alcoholic Beverages; and,



WHEREAS, the Board finds and determines that there are increasing incidents of nudity in Public Places other than Establishments Dealing in Alcoholic Beverages and in other places readily visible to the public; and



WHEREAS, the Board finds and determines that Persons who choose to appear Nude in Public Places are engaging in conduct which often serves to impose their nudity on others who did not seek it out, who are not able to reasonably avoid observing it, and who may be offended or distressed thereby; and,



WHEREAS, appearing Nude in Public Places was a criminal offense at common law and was considered an act malum in se; and character of Gilchrist County as a family oriented, historic attraction for families, tourists and businesses; and,



WHEREAS, the Board finds and determines that appearing Nude in Public Places is still contrary to the general societal disapproval that the people of Gilchrist County have of Persons appearing Nude among strangers in Public Places; and



WHEREAS, the Board finds and determines that the mere appearance of Persons in the Nude in Public Places generally increases incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to the community, and encourages degradation of women and other activities which break down family structures; and,



WHEREAS, the Board finds and determines that without regulation, public nudity constitutes harmful conduct and occurs in a manner which is incompatible with the normal primary activity of a particular place at a particular time; and,



WHEREAS, the Board's sole intent in enacting this ordinance is to prohibit the conduct of being Nude in Public Places and to suppress the adverse secondary effects such nudity generates, the Board nevertheless recognizes that there may be instances wherein appearing Nude in a Public Place may be expressive conduct incidental to and a necessary part of the freedom of expression that is protected by the United States or Florida constitutional provisions; and



WHEREAS, a requirement that dancers don opaque covering sufficient to cover the Buttocks and the Breasts as such portions of the human anatomy are defined in this ordinance does not deprive the dance of whatever erotic message, if any, it may convey, but simply makes such message, if any, slightly less graphic and imposes only an incidental limitation on the message; and



WHEREAS, it is the intent of the Board to protect and preserve the public health, safety, welfare and morals of Gilchrist County by restriction, to the full extent allowed by the United States and Florida constitutions, the act of being Nude to places which are not frequented by the public and places which are not readily visible to the public; and,



WHEREAS, Gilchrist County is essentially a rural community, the largest municipality of which (the city of Trenton) has a population of less than 2,500 people; and,



WHEREAS, Gilchrist County is a county that is, and desires very much to continue to be, a community that contains and is known for traditional wholesome public recreation activities and historic facilities such as: the historic Suwannee River, the inland waterways; numerous crystal clear springs; and,



WHEREAS, the Board finds and determines that the average Person applying contemporary Gilchrist County community standards would find that the public nudity prohibited by this ordinance, if allowed, when taken as a whole (i) appeals to the prurient interests and (ii) lacks serious literary, artistic, political and scientific value; and,



WHEREAS, non regulation of Persons appearing Nude in Public Places within Gilchrist County encourages commercial entities and other entities and Person to advertise outside of Gilchrist County and the State of Florida by billboard, radio, print and other media the availability of nudity in Public Places within Gilchrist county and thus encourages the influx into Gilchrist County of Persons seeking (i) to observe and/or participate in such nudity and (ii) to participate in the disorderly, harmful, and illegal conduct that is associated therewith, thereby increasing injuries and damages to the citizens of this county who will be victims of such increased disorderly, harmful and unlawful conduct; and,



WHEREAS, competitive commercial advertising and/or exploitation of nudity encourages escalation of Nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and,



WHEREAS, the Board finds and determines that the prohibitions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is adverse to public order, health, morality and decency within Gilchrist County when such conduct takes place at locations where the public is present or is likely to be present, or where such conduct would be readily visible to the public; and,



WHEREAS, the passage of this ordinance is necessary to preserve the basic character of the unincorporated community of Gilchrist County; and,



WHEREAS, the Board is aware that States may regulate the conduct of appearing Nude in Public Places, see Michael Barnes v. Glen Theatre, Inc., 115 E. Ed. 2d 504, 111 S. Ct. 2456 (1991); and



WHEREAS, the Board is not hereby prohibiting nudity in truly private places or prohibiting nudity which is protected by United States and Florida constitutional provisions; and,



WHEREAS, the Board finds and determines that the express exemption contained in this ordinance provides adequate protection to Persons who, without such express exemption, might otherwise be prevented or discouraged by the ordinance from exercising constitutionally protected rights; and,



WHEREAS, although the Board is of the opinion that this ordinance is a general ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by Florida Statute 125.66, the Board does not wish to become sidetracked in lengthy and expensive litigation concerning procedural matters that are not relevant to the subject matter of this ordinance and has determined to enact this ordinance under the more conservative, expensive and time consuming "affecting use of land" procedure as well as under the general procedure for ordinances that regulate conduct; and



WHEREAS, the Board finds and determines that this ordinance is consistent with its current comprehensive plan;



NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Gilchrist County, Florida, that:



Section 1. TITLE: This ordinance shall be known as the Gilchrist County Public Nudity Ordinance.



Section 2. INTENT: It is the intent of this ordinance to protect and preserve the health, safety, welfare, and morals of the citizens of Gilchrist County by prohibiting a Person from intentionally or recklessly appearing or being Nude, or causing another Person to appear to be Nude, in a Public Place and in other places which may reasonably be expected to be observed by the public within the unincorporated areas of Gilchrist County except:



a. When such Persons appears Nude in a place provided or

set apart for nudity provided (i) such Person is Nude

for the sole purpose of performing the legal function

(s) that is customarily intended to be performed with-

in such place provided or set apart of nudity and (ii)

such Person is not Nude for the purpose of obtaining

money or other financial gain for such Person or for

another Person or Entity or;



b. When the conduct of being nude can not legally be pro-

hibited by this ordinance (i) because it constitutes

a part of a bona fide live communication, demonstra-

tion or performance by such Person wherein such nudity

is expressive conduct incidental to and necessary for

the conveyance or communication of a genuine message

or public expression and is not a guise or pretense

utilized to exploit nudity for profit or commercial

gain (see for instance Board of County Commissioners

vs. Dexterhouse, 348 S. 2d 916 (Fla. 2d DCA 1977) and

as such is protected by the United States or Florida

Constitution or (ii) because it is otherwise protect-

ed by the United States or Florida Constitution.



It is the Board's further intention to accomplish those intents and purposes expressed by the Board in the "Whereas" provisions of this ordinance, each of which are incorporated by reference into this Section 2.



Section 3. DEFINITIONS: Capitalized terms, when used in this ordinance, shall have the following meanings:



a. Alcoholic Beverages: All distilled spirits and all

beverages containing one-half of one percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the

standard ethyl alcohol in the beverage and comparing

it with the volume of the remainder of the ingredients

as though said remainder ingredients were distilled

water.



b. Breast: A portion of the human female mammary gland

(commonly referred to as the female breast) including

the nipple and the areola (the darker colored area of

the Breast surrounding the nipple) and an outside area

of such gland wherein such outside area is (i) reason-

ably compact and contiguous to the areola and (ii) con-

tains at least the nipple and the areola and 1/4 of the

outside surface area of such gland.



c. Buttocks: (For a short general description see the

last sentence of this subsection.) The area at the

rear of the human body (sometimes referred to as the

gluteus maximus) which lies between two imaginary

straight lines running parallel to the ground when a

Person is standing, the first or top such line being

1/2 inch below the top of the vertical cleavage of the

nates (i.e., the prominence formed by the muscles run-

ning from the back of the hip to the back of the leg)

and the second or bottom such line being 1/2 inch above

the lowest point of the curvature of the fleshy protu-

burance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one on each

side of the body (the "outside lines"), which outside

lines are perpendicular to the ground and to the hori-

zontal lines through the outermost point(s) at which

each nate meets the outer side of each leg. Notwith-

standing the above, Buttocks shall not include the leg,

the hamstring muscle below the gluteal fold, the tensor

fasciae latae muscle or any of the above-described

portion of the human body that is between either (i)

the left inside perpendicular line and the left out-

side perpendicular line or (ii) the right inside

perpendicular line and the right outside perpendi-

cular line. For the purpose of the previous sentence

the left inside perpendicular line shall be an imag-

inary straight line of the left side of the anus (i)

that is perpendicular to the ground and to the hori-

zontal lines described above and (ii) that is 1/3 of

the distance from the anus to the right outside line

and the right inside perpendicular line shall be an

imaginary straight line on the right side of the

anus (i) that is perpendicular to the ground and to

the horizontal lines described above and (ii) that is

1/3 of the distance from the anus to the right out-

side line. (The above description can generally be

described as covering 1/3 of the Buttocks centered

over the cleavage for the length of the cleavage.)

d. Entity: Any proprietorship, partnership, corporation,

association, business trust, joint venture, joint-

stock company or other for profit and/or not for

profit organization.



e. Establishment Dealing In Alcoholic Beverages: Any

business, commercial or other establishment (whether

for profit or not for profit and whether open to the

public at large or where entrance is limited by cover

charge or membership requirement) including those

licensed by the State for sale and/or service of al-

cohol beverages, and any bottle club; hotel; motel;

restaurant; night club; country club; cabaret; meeting

facility utilized by any religious, social, fraternal

similar organization; business, commercial or other

establishments where a product or article is sold,

dispensed, served or provided with the knowledge,

actual or implied, that the same will be, or is in-

tended to be mixed, combined with or drunk in connect-

ion or combination with an alcoholic beverage on the

premises or curtilage of said business, commercial or

other establishment; or business, commercial or other

establishment where the consumption of Alcoholic Bev-

erages is permitted. Premises, or portion thereof such

as hotel rooms, used solely as a private residence,

whether permanent or temporary in nature, shall not be

deemed to be an Establishment Dealing in Alcoholic

Beverages.



f. Nude: Any Person insufficiently clothed in any manner

so that any of the following body parts are not entire-

ly covered with a fully opaque covering:



(1) The male or female genitals, or



(2) The male or female pubic area, or



(3) The female breast (see the last sentence of

this Subsection f), or



(4) The buttocks. Attire which is insufficient

to comply with this requirement includes, but is not limited to G-strings, T-backs,

dental floss, and thongs.



Body paint, body dyes, tatoos, liquid latex, whether wet or dried, and similar substances shall not be con-

sidered opaque covering. Each female Person may deter-

mine which 1/4 of her Breast surface area (see defini-

tion of Breast) contiguous to and containing the nipple

and the areola is to be covered.



g. Person: Any live human being aged ten years of age or

older.



h. Places Provided Or Set Apart For Nudity: Shall mean

enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room

facilities, enclosed motel rooms and hotel rooms de-

signed and intended for sleeping accommodations, doc-

tor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and

customarily expected outside of the home and the

sphere of privacy constitutionally protected therein.

This term shall not be deemed to include places where

a Person's conduct of being Nude is used for the pro-

motion of business or is otherwise commercially ex-

ploited.



i. Public Place: Any location frequented by the public,

or where the public is present or likely to be present,

or where a Person may reasonably be expected to be ob-

served by members of the public. Public Places include

but are not limited to, streets, sidewalks, parks,

beaches, business and commercial establishments

(whether for profit or not for profit and whether open

to the public at large or where entrance is limited by

a cover charge or membership requirement), bottle clubs

hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any

religious, social, fraternal or similar organization.

Premises, or portions thereof such as hotel rooms, used

solely as a private residence, whether permanent or

temporary in nature shall not be deemed to be a Public

Place.



Section 4. LEGISLATIVE FINDINGS: In addition and supplemental to the findings and determinations contained in the "Whereas" provisions of this ordinance which are incorporated by reference into this Section 4, it is hereby found by the Board, acting in its legislative capacity for the purpose of regulating the conduct of appearing Nude in Public Places and for the purpose of regulating nudity and other conduct in Establishment Dealing In Alcoholic Beverages, that, considering what has happened in other communities, the acts prohibited in Section 5 hereinbelow encourage or create the potential for the conduct of prostitution, attempted rape, rape, and assault in and around Establishments Dealing In Alcoholic Beverages; that actual and simulated nudity and sexual conduct, coupled with the consumption of Alcoholic Beverages in Public Place, begets and has the potential for begetting undesirable and unlawful behavior, that sexual, lewd, lascivious, and salacious conduct among patrons and employees within Establishments Dealing In Alcoholic Beverages results in violation of law and creates dangers to the health, safety, morals, and welfare of the public and those who engage in such conduct; and, it is the intent of Section 5 of this ordinance to specifically prohibit nudity, gross sexuality and the simulation thereof in Establishments Dealing In Alcoholic Beverages.



Section 5: NUDITY, SEXUAL CONDUCT PROHIBITED IN ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES: The following prohibitions and criteria shall apply within existing and/or newly created Establishments Dealing in Alcoholic Beverages and the curtilages thereof:



a. No Person shall knowingly, intentionally or recklessly appear, or cause another Person to appear, Nude of expose to public view his or her genitals, public area, vulva, or Buttocks, or any simulation thereof;



b. No female Person shall knowingly, intentionally or recklessly expose, or cause another female Person to expose, her Breasts or any simulation thereof to public view;



c. No Person or Entity maintaining, owning, or operating an Establishments Dealing In Alcoholic Beverages shall encourage, allow or permit any Person to appear Nude or expose to public view his or her genitals, pubic area, vulva, anus, or any portion of the Buttocks or simulation thereof. This section shall be violated if any portion of the Buttocks is visible from any vantage point.



d. No Person or Entity maintaining, owning, or operating an Establishment Dealing In Alcoholic Beverages shall encourage, allow or permit any female Person to expose her Breasts or any simulation thereof to public view;



e. No Person shall engage in and no Person or Entity maintaining, owning, or operating an Establishment Dealing In Alcoholic Beverages shall encourage, allow or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, lap dancing, straddle dancing, any sexual act which is prohibited by law, touching, caressing, or fondling of the Breasts, Buttocks, anus, or genitals, or the simulation thereof.



f. The prohibitions of this Section 5 shall not apply when a Person appears Nude in a place provided or set apart for nudity provided (i) such Person is Nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity and (ii) such Person is not Nude for the purpose of obtaining money or other financial gain for such Person or for another Person or Entity.



g. Each female Person may determine which 1/4 of her Breast surface area (see definition of Breast) contiguous to and containing the areola is to be covered.



h. This Section 5 shall not be deemed to address photographs, movies, video presentations, or other non live performance.



Section 6. NUDITY PROHIBITED IN PUBLIC PLACES: It shall be unlawful for any Person to knowingly, intentionally, or recklessly appear, or cause another Person to appear, Nude in a Public Place or in any other place which is readily visible to the public, except as provided in Section 7. It shall also be unlawful for any Person or Entity maintaining, owning, or operating any Public Place establishment to encourage, suffer or allow any Person to appear Nude in such Public Place, except as provided in Section 7.



Section 7. EXEMPTIONS: The prohibitions of Section 6 of this ordinance shall not apply:



a. When a Person appears Nude in a place provided or set apart for nudity provided (i) such Person is Nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity and (ii) such Person is not Nude for the purpose of obtaining money or other financial gain for such Person or for another Person or Entity, or;



b. When the conduct of being Nude can not legally be prohibited by this ordinance (i) because it constitutes a part of a bona fide live communications, demonstration or performance by a Person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being Nude for profit or commercial gain (see for instance Board of County Commissioners vs. Dexterhouse, 348 So.2d 916 (Fla.2d DCA 1977) and as such is protected by the United States or Florida Constitution or (ii) because it is otherwise protected by the United States or Florida Constitution or (iii) because it is otherwise protected by the United States or Florida Constitution.



Section 8. ENFORCEMENT AND PENALTIES: Any Person or Entity violating any of the provisions of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed sixty (60) days or by both such fine and imprisonment. Each incident or separate occurrence of an act that violates this ordinance shall be deemed a separate offense.



Section 9. INJUNCTIVE RELIEF: In addition to the procedures provided herein, Establishments Dealing In Alcoholic Beverages that are not in conformity with these requirements shall be subject to appropriate civil action in the court of appropriate jurisdiction for abatement.



Section 10. TERRITORY EMBRACED: All territory within the legal boundaries of unincorporated Gilchrist County shall be embraced by the provision of this ordinance.



Section 11. SEVERABILITY: If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.



Section 12. EFFECTIVE DATE: This ordinance shall become effective immediately upon receipt by the Clerk of the Board of County Commissioners notice that it has been filed with the Department of State.



PASSED AND ADOPTED by the Board of County Commissioners of Gilchrist County, State of Florida this 7th day of December, 1992.



Effective Date: December 9, 1992.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



_____________________________

JIMMIE SHEFFIELD, CHAIRMAN



ATTEST:



________________________________

JACKIE R. BARRON, CLERK





VACATE WESTERN MEADOWS



Mr. Burt advised the Board that Mr. Hills had contacted him requesting the Board to reschedule his proposal to vacate Western Meadows to the January Board meeting. A motion by Commissioner Suggs, seconded by Commissioner Wilkerson to table this agenda item until January 4, l993. The motion carried unanimously.



PUBLIC HEARING- ORDINANCE TO CREATE SHIP



Mr. Burt advised the Board that we have until April, l993 to submit a plan for the State Housing Incentive Program. The Ordinance provides for the creation of a citizens committee. A motion was made by Commissioner Suggs, seconded by Commissioner Cannon, to authorize Mr. Burt to advertise for persons interested in serving on this committee, and to table this item until January 4, l993. The motion carried unanimously.



PUBLIC HEARING- SUN SPRINGS



During last month's regular meeting, the Board approved the placing of a cable across the Sun Springs Run, approximately 50 feet from boil. At that time, many residents of the Sun Springs area were present and expressed their desire to have the cable placed at the mouth of the run, which flows into the Suwannee River. The Board could not take action on their request because the advertisement specifically stated that the cable should be placed approximately 50 ft. from the boil. The Board readvertised the public hearing, for today's date, to consider placement of the cable near the mouth of the run. Following discussion, a motion was made by Commissioner Wilkerson, seconded by Commissioner Cannon, to leave the cable where the Board originally designated it's placement, and table further discussion, in order to allow the county's attorney time to research the county's possible liability. The motion carried unanimously.



SPECIAL ASSESSMENTS- INSTALLMENT COLLECTION METHOD



The Board discussed with Mr. Burt the county's ability to collect special assessments through the installment collection method. Some Board members have been approached by citizens who find it difficult to pay the Special Assessments for EMS and Solid Waste in a lump-sum annual payment of $l08. In order for the Board to implement an installment collection method, a resolution would have to be adopted by the end of this calendar year, so that the installment method could be used for l994. By adopting these resolutions now, it does not obligate the Board to use this method of collection. A motion was made by Commissioner Wilkerson, seconded by Commissioner Bush, to adopt resolutions 92-4l, 92-42, and 92-43, electing to use the uniform method of collecting non-advalorem special assessments levied in the unincorporated area of the county; stating a need for such levy; providing for the mailing of this resolution; and providing for an effective date. The motion carried unanimously. A copy of these resolutions are attached hereto, and made a permanent part of these minutes.



SOIL CONSERVATION



Mr. Fred Miller, Soil Conservation Office, stopped by the Board meeting to pass out final copies of the county's soil survey.



JUDY BOLES- 911



Ms. Boles stated that she had received a call from Mr. Burt, regarding 9ll collection problems. The county is concerned that some county residents are being billed as if they lived in both Gilchrist and Alachua counties, primarily those residents near the county line. In addition, the county is also concerned that some of the 9ll fees collected from our county residents are being credited to Alachua county. Ms. Boles stated that Southern Bell will correct any such problems, if the specific accounts can be identified. Until the road numbering project is completed, along with house numbering, Southern Bell is unable to identify where the problems may lie, however, any resident being double-billed can call Southern Bell, and they will make the correction. Mr. Brittin, EMS Director, stated that he would get a list of homeowners from the tax roll for the area in question, look up the phone numbers and give these numbers to Ms. Boles.



Ms. Boles reported that in order for the county to have the 25 cents calling rate throughout the county, she would need a letter from the Board of County Commissioners requesting that the lata lines be moved.



Mr. Barron advised Ms. Boles that the county's Transportation Supervisor has reported problems with the phone company's cables not being buried deep enough. Ms. Boles stated that whenever these problems occur, call Southern Bell, as this work is contracted out by them to several companies, and they need to know when the work is unsatisfactory.



BUILDING DEPARTMENT REPORT



Mr. Rehberg reported to the Board that the roof still leaks in the Weeks building, in his office. He has obtained a written quote to repair the roof from Kennedy & Sons Roofing, Inc., for $450. The quote was unanimously approved, following a motion from Commissioner Cannon, seconded by Commissioner Wilkerson.



Mr. Rehberg submitted the monthly report for November, indicating the sale of a total of 45 permits.



CIVIL DEFENSE/VA SERVICE REPORT



Mr. Perryman reported to the Board that the county recently had a visit from the State's safety inspector and was cited for several safety violations. Mr. Perryman stated that all violations have either been corrected or are in the process of correcting.



ROAD DEPARTMENT REPORT



Mr. Joyner reported that first aid kits are required in the county vehicles. The Board advised him to speak to Mr. Perryman as to minimum specifications required.



Mr. Joyner reported to the Board that he located a used road widener for $l5,000. The Board advised him to continue his search for a road widener.



Mr. Joyner presented a quote submitted to him for re-stripping some of the county's roads. The Board discussed with him the roads that need re-stripping, however, no decision was made.



Following discussion, a motion was made by Commissioner Wilkerson, seconded by Commissioner Suggs, to rescind prior action taken, regarding the cutting of trees at the library, and to authorize Mr. Joyner to cut the trees and sell the wood to Southern Fuel Wood, in Newberry. The motion carried unanimously.



Commissioner Cannon advised Mr. Joyner to install speed limit signs near Mt. Nebo Baptist Church. Mr. Joyner replied that he would install 35 mph speed limit signs.



PUBLIC HEARING- MSTU SPECIAL ASSESSMENTS



The Board discussed with Mr. Burt the ability to collect funds for fire service through special assessment. Mr. Burt advised the Board that in order to collect fees through assessment, the Board must act by passing the ordinance by December 3l, l992. The Board could then use this method the following year. After discussion, the Board unanimously approved this method, by ordinance, following a motion from Commissioner Suggs, which was seconded by Commissioner Wilkerson. The ordinance is as follows:



ORDINANCE 92-ll



AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA RELATING TO

THE CREATION OF A MUNICIPAL SERVICE TAXING UNIT; PRO-

VIDING DEFINITIONS; CREATING THE GILCHRIST COUNTY

MUNICIPAL SERVICE TAXING UNIT; DESIGNATING ITS GOVERN-

ING BODY; PROVIDING FOR ADOPTION OF A BUDGET; AUTHOR-

IZING THE EXPENDITURE AND BORROWING OF FUNDS; AUTHOR-

ING THE LEVY OF AD VALOREM TAXES; PROVIDING EFFECTIVE

DATE.



WHEREAS, Article VIII, Section l(h) of the Constitution of



the State of Florida provides that property situate within muni-



cipalities shall not be subject to taxation for services render-



ed by the county for the sole and exclusive benefit of property



or residents in the unincorporated areas; and,



WHEREAS, Section l25.0l, Florida Statutes. grants the Board



of County Commissioners of a non-charter county the power to es-



tablish municipal service taxing units for any or all of the un-



incorporated areas of the county;



NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM-



MISSIONERS OF GILCHRIST COUNTY, FLORIDA:



Section l. Definitions.



As used in this ordinance:



l.l "County" shall mean Gilchrist County, Florida.



l.2 "County Commission" shall mean the Board of



County Commissioners of Gilchrist County, Florida.





l.3 "Fiscal year" shall mean the annual period, com-



mencing on each October l and terminating as of the next ensuing



September 30.



l.4 "MSTU" shall refer to the Gilchrist County Muni-



cipal Service Taxing Unit herein created.



Section 2. Creation of the MSTU.



There is hereby created the Gilchrist County Municipal



Service Taxing Unit. The boundaries of the MSTU shall be coter-



minous with all of the unincorporated area of the County exist-



ing on January l, l992, and on the lst day of January each year



thereafter. The MSTU is established for the provision of ser-



vices which are rendered by the County for the sole and exclu-



sive benefit of the property or residents of the unincorporated



area of the County.



Section 3. Designation of governing Body.



The County Commission shall be the governing body of the



MSTU.



Section 4. Budget.



Prior to the beginning of each Fiscal Year, a budget for



the MSTU shall be considered and adopted by the County Com-



mission in the manner provided by general law. No county re-



venues except those derived from or on behalf of the MSTU shall



be a part of the said budget.



Section 5. Authority to Expend and Borrow Funds.



The County Commission shall be authorized to borrow and ex-



pend money and to issue bonds, revenue certificate, and other



obligations of indebtedness, which powers shall be exercised in



such manner and subject to such limitations as may be provided



by general law.



Section 6. Ad Valorem Taxes.



Commencing with the l992 tax year, the County Commission



shall be empowered to levy and collect ad valorem taxes for the



provision of services within the MSTU to the extend permitted



and in the manner provided by the Constitution and general law



of the State of Florida.





Section 7. Construction.



This ordinance shall be construed in conjunction with any



fire ordinances of Gilchrist County wherein a municipal service



taxing unit may have been created.



Section 8. Severability.



It is declared to be the intent of the Board of County



Commissioners of Gilchrist County, Florida that if any section,



subsection, sentence, clause, phrase, or portion of this ordin-



ance is, for any reason, held invalid or unconstitutional in any



court of competent jurisdiction, such portion shall be deemed a



separate, distinct and independent provision, and such holding



shall not effect the validity of the remaining portion thereof.



Section 9. Effective Date.



This ordinance shall take effect upon receipt of official



acknowledgement from the Department of State that this Ordin-



ance has been filed with said Department.



PASSED UNANIMOUSLY in regular session, this 7th day of



December, l992.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



_____________________________

JIMMIE SHEFFIELD, CHAIRMAN



ATTEST:



_______________________________

JACKIE R. BARRON,

EX-OFFICIO CLERK



CDBG UPDATE- FRED FOX



Mr. Fox appeared before the Board to update them on progress being made on the housing rehabilitation program. He discussed the contract amendment with the Board, advising them that the Department of Housing & Urban Development will not allow direct new construction. This amendment will allow for the replacement of 6 homes, which have been determined to be too costly to rehab. Following discussion, a motion was made by Commission Wilkerson, seconded by Commissioner Bush to approve the proposed amendment, subject to a letter from HUD stating that this amendment is eligible for funding, within their guidelines. The motion carried unanimously.



MISCELLANEOUS BUSINESS



Mr. Barron presented a modification for the road grant for the Board's consideration. The new modification requires that the county send back any unexpended funds, and requests funding as needed. In addition, the new modification extends the time for commencement and completion. The Board unanimously agreed to accept the modification following a motion from Commissioner Wilkerson, which was seconded by Commissioner Bush.



Mr. Barron presented the annual library services contract between Gilchrist County and Suwannee County, which he and Mr. Burt revised. A motion was made by Commissioner Wilkerson, seconded by Commissioner Cannon, to accept this contract. The motion carried unanimously. The contract will be sent to Suwannee County for their execution.



Correspondence from the Department of Health and Rehabilitative Services was received, advising the Board of new audit requirements for the EMS grants. A motion was made by Commissioner Bush, seconded by Commissioner Wilkerson, to acknowledge and implement the requirements for auditing. The motion carried unanimously.



Mr. Barron submitted a list of property to be considered for removal from county records. The Board requested Mr. Barron furnish more specific information as to the location of these items.



Mr. James Sherman spoke to the Board about an Adopt a Highway program for the county's roads. The Board advised Mr. Sherman that any signs installed would have to meet DOT's specifications. The Board referred Mr. Sherman to Mr. Marvin Weaver's office, since it is their understanding that various 4-H clubs in the county have adopted roads.



Mr. Burt reported that Mr. George Rains has applied for a variance from the subdivision ordinance. The property is located in A. D. Destin (unrecorded) subdivision. Commissioner Bush made a motion to approve the variance, providing that Mr. Rains combine all the property to get a building permit. The motion was seconded by Commissioner Cannon, and unanimously approved.



Mr. James Moore appeared before the Board to ask whether or not the Board still supported the purchase of the Wacasassa Flats by the CARL program. The Commissioners responded individually that they do indeed support the state's efforts to purchase this property, and when asked by Mr. Moore if they would send a letter to that effect to Mr. Jim Grubbs, Division of Forestry, the Board directed Mr. Barron to send the letter of support.



There being no further business to come before the Board, a motion was made by Commissioner Wilkerson, seconded by Commissioner Bush to adjourn the meeting at 7:35 p.m. The motion carried unanimously.



APPROVED:







_______________________________

JIMMIE SHEFFIELD, CHAIRMAN



ATTEST:







_______________________________

JACKIE R. BARRON, EX-OFFICIO

CLERK