MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD APRIL 5, 1993



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on April 5, 1993, at 8:30 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Fred Wilkerson, Chairman

Wilbur Bush

V. C. Cannon

Jimmie Sheffield

Sue B. Suggs



Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell and Denise Troyer, Deputy Clerks, Wilma Mattucci, County Librarian, Danny Hales, Regional Librarian, Jimmie Ray Downing and Court Greenfield, Gilchrist County Soil Conservation Office, Sheriff Jim Floyd, Richard Perryman, Civil Defense Director/VA Officer, Buddy Joyner, Transportation & Solid Waste Supervisor, Fred Fox and Martha Mahalick, Fred Fox Enterprises, Sam Ferguson, North Central Florida Regional Planning Council's Tourism Committee, John Ferguson, Frank Grant, Jim Troke, Chamber of Commerce, Jean Ridgeway, Sara Collis, Roy Rogers, Gladys Hilliard and Bob Matusik, county residents.



Minutes of the previous meeting, held March 15, 1993, were unanimously approved following a motion from Commissioner Suggs, which was seconded by Commissioner Cannon.



ATTORNEY REPORT



Mr. Burt reported that the state has verbally approved the proposed plan for Gilchrist and Dixie counties to join with Alachua County for a hazardous waste collection center, with Alachua County acting as host. The location of the site needs to be determined, and one possible site is just across the bridge at Fanning Springs, in Dixie County. The cost for our county will be approximately $4000-$5000. The Board unanimously authorized Mr. Burt to file a joint application, upon a motion from Commissioner Suggs, which was seconded by Commissioner Bush.



Mr. Burt stated that William Roberts has agreed to donate some land to the county, which will provide access to Mitchell Gentry's property. Mr. Gentry has agreed to build the road, if the county will maintain it. Ownership for the beginning of the road will need to be determined before the Board can make a decision. Mr. Burt stated that he would determine ownership and report back to the Board.



Mr. Burt stated that the Transportation Committee will meet 4/29/93, and expect Mr. Ed Culpepper, Alachua County Public Works Director to meet with them.



Mr. Burt reported that a quote of $10,400 for an IBM for Carl Rehberg's office, or $7300 for an IBM compatible system. Mr. Barron stated that he may be able to get a lower price, and will look at the specs for this system, and report his findings back to the Board.



Mr. Burt advised the Board that the Board will need to consider the economic development tax relief referendum in November 1984, which grants tax relief for new businesses.



Mr. Burt and Mr. Barron spoke to the Board regarding the financing of widening CR 340. On March 8, 1993, the Board had authorized, by Resolution # 93-08, the financing for the improvement of county road 340, pledging local option gas taxes and impact fees to repay the loan. Mr. Barron had contacted the local banks requesting financing of $100,000 to be repaid over a period of three years. Mr. Barron reported that the Farmers & Merchants Bank quoted a rate of 70% of New York Prime or 4.5% fixed for the three year period. The Tri-County Bank quoted interest rate to be on a tax fee status and to be 4.4% fixed or .73% of prime on a floating basis. A motion was made by Commissioner Sheffield, seconded by Commissioner Suggs to borrow $100,000 from Tri-County Bank. Prior to the vote being taken by the Chairman, Commissioner Bush stated for the record, that he must abstain from voting because he serves on the Board of Directors for the Tri-County Bank. The motion was approved as follows:



Commissioner Sheffield- Yes

Commissioner Suggs- Yes

Commissioner Cannon- Yes

Commissioner Wilkerson- Yes

Commissioner Bush- Abstain



Mr. Burt reported that BHP Minerals has concluded their mineral exploration in Gilchrist County and supplied him with a copy of their findings.



Mr. Burt stated that Helen Downes contacted him about a variance from the subdivision ordinance on 1.47 acres that she wants to deed to her son. The total tract of land is 80 acres, and she would need a variance in order to have a building permit issued. Following a brief discussion, a motion was made by Commissioner Sheffield, seconded by Commissioner Cannon to grant the variance. The motion carried unanimously.



CLERK'S REPORT



Mr. Barron reported to the Board that the Branford line is costing the county approximately $700 per month. This line will no longer be needed once the 911 system is installed.



The bills were reviewed by the Board and unanimously approved following a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



Mr. Barron stated that the jail administration construction costs have exceeded the budget by $3200. He advised Mr. Martin and Sheriff Floyd of the financial status of the project, suggesting that any further expenditures be approved by the Board. Chairman Wilkerson stated that he had visited the old jail building and that the wiring needs to be checked by a certified electrician.



LIBRARY REPORT



Ms. Mattucci stated that she would like to see a change in the library's hours on Saturdays. Currently the library is open from 9:00 a.m. to l2:30 p.m., however, according to Ms. Mattucci, very few patrons come in before 10:00 a.m. She proposes to change the hours from 10:00 a.m. to 2:00 p.m. The Board advised Ms. Mattucci to change the hours according to the needs of the patrons.



Ms. Mattucci reported that she spends too much time dealing with postage problems, and requests the Board allow her to purchase the postage she needs, and submit a request for reimbursement each month. A motion was made by Commissioner Suggs, seconded by Commissioner Cannon to approve this method of reimbursement. The motion carried unanimously.



Mr. Hales, Regional Library Director, appeared before the Board to inquire about the proposed budget he submitted last month for the unanticipated grant funds. The Board questioned Mr. Hales about some of those budget items, and advised that Mr. Joyner, Road Superintendent, was checking on any requirement from the Suwannee River Water Management District regarding the library's parking lot. They will act on the proposed budget after hearing Mr. Joyner's report. Mr. Hales stated that he would like to have the gutter replaced with 6" rather than 4" and move the spouts so that water is not left standing by the entrance. The Board advised Mr. Hales that this work should be bid out so that local contractor's have an opportunity to do the work.



SOIL CONSERVATION



Mr. Jimmie Ray Downing introduced Mr. Kort Greenfield to the Board. Mr. Greenfield replaces Mr. Fred Miller, who recently retired. Mr. Greenfield spoke to the Board about some of the District's projects, such as backyard composting, dry hydrant and pond hydrant programs. Mr. Greenfield stated that the Bronson office supplies the administrative support for the entire district. According to Mr. Greenfield, a secretary is needed for the Trenton office, so that the local farmers and residents are afforded more services. He stated that 20 hours per week would be adequate. He will revisit the issue during the Board's budget workshops this summer.



SAM FERGUSON: NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

PRIVATE INDUSTRY COUNCIL



Mr. Ferguson spoke to the Board about the Council's Tourism Development Strategic Plan for 1992-1995. This plan was developed to promote tourism for the north central Florida area. A budget has been prepared which will depend on funding from the counties within the region. The funding requests are based on the population size of each county, with Gilchrist county's being among the lowest at $1000 per year. Several members of the Chamber of Commerce and IDA were present to show their support of this project. A motion was made by Commissioner Bush, seconded by Commissioner Cannon to obligate $1000 from General Revenue reserve to fund the Council's request, and to consider funding for next fiscal year, during the budget workshops this summer. The motion carried unanimously.



A motion was made by Commissioner Sheffield, seconded by Commissioner Suggs to recess for the EMS Authority meeting. The motion carried unanimously.



911



Mr. Brittin appeared before the Board to update them on the 911 system. According to Mr. Brittin, before he can develop a budget for the 911 system, he needs the cost figures from Southern Bell and an estimate for an uninterrupted power source.



Mr. Brittin reported that it appears the microwave tower is being used for target practice, as several lights were out. The platform is loose, however, this can be tightened whenever the antenna work begins.



Sheriff Floyd spoke to the Board regarding an EMS bill of $869 for transporting inmates to the hospital in Gainesville. According to the Sheriff, he is already $3000 over budget for medical expenses. The Board instructed the Sheriff to pay the EMS bill and to bill EMS for the use of his staff as back-up drivers for EMS.



The Sheriff stated that whenever 911 goes into effect, he will need more dispatchers as he is already under staffed due to the increase of prisoners.



The Board recessed for lunch at 12:15 p.m. and reconvened at 1:25 p.m.



PRELIMINARY PLAT APPROVAL- OSTEEN ACRES



Mr. Herbie Parrish appeared before the Board, representing John Hansen, who is developing Osteen Acres, 1st Addition, Section 10,Township 10S, Range 14E. Following discussion with Mr. Parrish, and review of the plat, a motion was made by Commissioner Sheffield, to approve the preliminary plat of Osteen Acres, 1st Addition, along with approving a variance as to the road length, requiring a bond to be posted, and road to be maintained for a period of 5 years. This motion was seconded by Commissioner Suggs, and unanimously approved.



PRELIMINARY PLAT APPROVAL- SANTA FE OAKS 2ND ADDITION



Mr. Herbie Parrish appeared before the Board, representing Mr. William Bryant, who is developing Santa Fe Oaks, 2nd Addition, lots 18, 7, and 15, in Section 18, Township 7S, Range15E. According to the plat, the ingress/egress easement, that is being retained is only 50' wide. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush to approve the preliminary plat of Santa Fe Oaks, 2nd Addition, provided the above mentioned road is widened to 60 feet. The motion carried unanimously.



PRELIMINARY PLAT APPROVAL- THE HAVEN



Mr. Herbie Parrish appeared before the Board, representing Mr. & Mrs. Robert Bond. Following discussion and review of the plat, the existing roads do not appear to meet county specifications. A motion was made by Commissioner Sheffield, seconded by Commissioner Suggs to table this plat consideration until the next regular meeting, allowing Commissioner Bush and Buddy Joyner, Road Superintendent the opportunity to look at these roads before making a determination. The motion carried unanimously. The above property is located in Section 23, Township 9S, Range 16E.



PUBLIC HEARING: MOVING VIOLATION ORDINANCE



Mr. Burt reported that the state has approved the county's proposed use of moving violation funds for the 911 system. More specifically, these fines collected will be used for a consolidated dispatch for 911, EMS, law enforcement, and fire services. The moving violation surcharge will be an additional fine of $12.50, which will be added to all moving violation citations issued in Gilchrist County. Jackie Barron, Clerk of Court, stated that he is opposed to the additional surcharge because of the extra expense it will create to upgrade his computers to account for the fines collected. In addition, if an officer fails to add the $12.50 surcharge to the ticket, his clerk's must still collect the fine or D-6, suspend, the driver's license. The problem is further complicated since most people mail their traffic fines, they would not know to send the $12.50 if it were not already added to the ticket. Sheriff Floyd stated that the state troopers already add the surcharge in counties that have adopted similar ordinances. He added that his officers will be instructed to add the additional fine. The Board agreed that with proper notification to the public, as well as the law enforcement officers, these fines could be collected. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield to adopt the moving violation ordinance, effective June 1, 1993, and to fund any additional computer expense needed by the Clerk's Office, should it be necessary. The motion carried unanimously. The ordinance is as follows:



ORDINANCE 93-03



AN ORDINANCE OF THE COUNTY COMMISSION OF GILCHRIST COUNTY ASSESSING A SURCHARGE OF $12.50 FOR EACH MOVING TRAFFIC VIOLATION, IN ADDITION TO ANY OTHER PENALTY PROVIDED FOR VIOLATION UNDER THE STATE UNIFORM TRAFFIC CONTROL LAW, CHAPTER 316.655(6), FLORIDA STATUTES; PROVIDING FOR THE DISPOSITION OF SAID SURCHARGES BY THE CLERK OF CIRCUIT COURT IN ADDITION TO OTHER DISTRIBUTIONS UNDER CHAPTER 318.21, FLORIDA STATUTES; PROVIDING HOW THE FUNDS GENERATED BY SAID SURCHARGE SHALL BE USED; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.



BE IT ORDAINED BY THE COUNTY COMMISSION OF GILCHRIST COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN CHAMBERS IN THE GILCHRIST COUNTY COURTHOUSE, TRENTON, FLORIDA, ON THIS 5TH DAY OF APRIL, 1993, AS FOLLOWS:

SECTION I: ASSESSMENT OF SURCHARGE. In addition to any other penalty provided for violation under the State Uniform Traffic Control Law, Chapter 316.655(6), there shall be assessed a $12.50 surcharge for every moving traffic violation in the County of Gilchrist.

SECTION II: DISPOSITION OF FUNDS. In addition to other disposition of civil penalties by County Courts under Section 318.21, Florida Statutes, the Clerk of Circuit Court of Gilchrist County is authorized to collect said surcharge and to distribute such funds monthly to the County of Gilchrist.

SECTION III: USE OF FUNDS. The funds generated by the assessment under Chapter 316.655(6) shall be used to fund a consolidated dispatch service for 911 Service, when implemented, Emergency Medical Services, County Sheriff, Municipal Police, City Fire Departments, County Fire Departments, with referral services to the Florida Highway Patrol and Florida Division of Forestry, as approved by the Division of Communications of the Department of General Services. Specifically the funds will be used initially to upgrade the main tower lighting from incandescent to strobe and upgrade dispatch by adding consoles (increasing from one to three). Moreover, the secondary tower site will be upgraded. Any excess funds will be used to fund communications for public safety including maintenance and repair of existing equipment.

SECTION IV: CONFLICT. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby superseded by this Ordinance to the extent of their inconsistency.

SECTION V: EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Office of the Secretary of State by the Clerk of the Commission within ten (10) days after enactment and this Ordinance will take effect June 1, 1993.

ADOPTED AT OPEN MEETING.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



BY:__________________________

FRED WILKERSON, CHAIRMAN



ATTEST:



BY:______________________________

JACKIE R. BARRON, CLERK







PUBLIC HEARING: STATE HOUSING INCENTIVES PARTNERSHIP



Mr. Burt stated that he had prepared an ordinance for the Board's consideration, which would create a SHIP trust fund, and outline the requirements of the program. A motion was made by Commissioner Bush, seconded by Commissioner Cannon, to adopt the "SHIP Ordinance". The motion carried unanimously. The ordinance is as follows:



ORDINANCE 93-02



AN ORDINANCE TO BE ENTITLED



AN ACT OF THE GILCHRIST BOARD OF COUNTY COMMISSIONERS PURSUANT TO THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM, PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING PARTNERSHIP; PROVIDING FOR THE INTENT AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE PROGRAM; DESIGNATING THE RESPONSI- BILITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PRO- VIDING FOR TERMS OF SAID COMMITTEE; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF SAID COMMITTEE; PROVIDING FOR GUIDELINES TO BE UTILIZED BY SAID COMMITTEE IN ADOPTION OF RECOMMENDATIONS FOR THE AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR THE ADOPTION OF THE AFFORDABLE HOUSING INCEN- TIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



SECTION I. DEFINITIONS.



For the purposes of this Ordinance, the definitions as set forth in Section 410.9071, Florida Statutes (1992) are hereby adopted.



SECTION II. CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND.



A. The Local Housing Assistance Trust Fund is hereby created and established.



B. All monies received from the state pursuant to the State Housing Initiative Partnership Act and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 91-37.007, Florida Administrative Code.



C. Expenditures other than for the administration and implementation of the Local Housing Assistance Program shall not be made from the Local Housing Assistance Trust Fund.



D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be invested in the State Board of Administrator's local government surplus fund trust established pursuant to Chapter 218, Part IV, Florida Statutes or in those depositories, obligations, securities or funds as provided in Section 125.31, Florida Statutes. All investment earnings shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof.



E. Until utilized for the purposes thereof, monies in the Local Housing Assistance Trust Fund shall be held in trust by the County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof.



F. The County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in the County's audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency as soon as such statements are available.





SECTION III. CREATION OF THE LOCAL HOUSING PARTNERSHIP.



A. The Local Housing Partnership is hereby created and established.



B. The Local Housing Partnership shall include, but is not limited to, the County, community-based organizations, for-profit housing builders and developers, lending institutions, providers of professional services related to affordable housing, and service organizations working on behalf of persons with special housing needs.



C. The Local Housing Partnership shall implement the Local Housing Assistance Program in a manner that provides one or more support services for housing program beneficiaries. Such implementation shall be consistent with this Ordinance, Sections 410.907 - 420.9079, Florida Statutes, and Rule 91-37, Florida Administrative Code.



SECTION IV. INTENT AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE PROGRAM.



A. The intent of the Local Housing Assistance Program is:



l. To increase the availability of affordable housing units by combining local resources and cost-saving measures into a Local Housing Partnership and using private and public funds to produce housing and reduce the cost of housing for very low, low and moderate income persons.



2. To preserve existing housing for very low, low and moderate income persons, through housing rehabilitation assistance funded in whole or part, with public funds.



3. To provide one or more support services to very low, low and moderate income persons which will enable them to meet their housing needs.



SECTION V. ESTABLISHMENT AND PROVISIONS OF THE LOCAL HOUSING ASSISTANCE PROGRAM.



A. The Local Housing Assistance Program is hereby created and established.



B. The County shall use the funds received from the state pursuant to the State Housing Initiatives Partnership Act to implement the Local Housing Assistance Program. The funds shall be distributed in accordance with the Local Housing Assistance Plan, which shall be adopted by the County by resolution. The Local Housing Assistance Plan shall meet the following requirements:



l. Sixty-five (65) percent of the funds shall be reserved for homeownership for eligible persons.



2. Seventy-five (75) percent of the funds shall be reserved for construction or rehabilitation of eligible housing.



3. The sales price of a new or existing eligible housing shall not exceed ninety (90) percent of the median area purchase price in the area where the eligible housing is located as established by the United States Department of Treasury in accordance with Section 3(b)2 of the United States Housing Act of 1937.



4. All units constructed, rehabilitated, or otherwise assisted with program funds shall be occupied by very low-income, low-income, or moderate-income persons and persons who have special housing needs. At least 30 percent of units must be occupied by very low-income persons and at least another 30 percent by low-income persons. The remainder shall be occupied by persons who have special housing needs, very low-income, low-income, or moderate-income persons.



5. The amount of monthly mortgage payments or the amount of monthly rents charged by the eligible sponsor or his designee must be affordable to eligible persons.



6. Loans shall be provided for periods not exceeding (30) years except for deferred payments loans or loans that extend beyond (30) years which continue to provide eligible housing for eligible persons.



7. Eligible owner-occupied housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be subject to subsidy recapture provisions as required by applicable state statute or rule.



8. Eligible rental housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be reserved for eligible persons for the greater of fifteen (15) years or the term of the assistance. Eligible sponsors who offer eligible rental housing for sale before fifteen (15) years or that have remaining mortgages funded under the Local Housing Assistance Program must give a first right of refusal to eligible nonprofit organizations for purchase for continued occupancy by eligible persons, if this is required by applicable state statute or rule.



9. The cost per unit and the maximum cost per unit for eligible housing benefiting from awards made pursuant to the Local Housing Assistance Program shall be established by resolution. The maximum award schedule or system of amounts shall be commensurate with the program intent and ss. 420.907 - 420.9079.



l0. A qualification system for applicants for awards consistent with the intent of the Local Housing Assistance Program and Sections 420.907 - 420.9079, Florida Statutes shall be established.



11. The County shall annually monitor and determine tenant eligibility and amount of subsidy pursuant to the provisions of this Ordinance, Sections 420.907 - 420.9079, Florida Statutes, and Rule 91-37.015, Florida Administrative Code.



C. In implementing the Local Housing Assistance Program, the County shall:



l. Advertise the availability of a housing assistance program in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least thirty (30) days before the beginning of any application period. Radio advertisement may be utilized as a secondary method of notice and is not bound by the stated advertisement deadline.



2. Not discriminate in the loan application process of eligible persons for eligible housing on the basis of race, creed, religion, color, age, sex, sexual preference, marital status, familial status, national origin, or handicap, nor allow any eligible sponsor to do so.



3. Comply with all rules and regulations of the Florida Housing Finance Agency in connection with required reporting by the County of compliance with its Local Housing Assistance Program.



4. Provide that prior to receiving an award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under Sections 420.907 - 420.9079, Florida Statutes and this Ordinance.



5. Provide that eligible sponsors receiving assistance from both the State Housing Initiative Partnership (SHIP) Program and the Low Income Housing Tax Credit (LIHTC) Program shall be required to comply with any requirements specified by the federal program in addition to SHIP requirements.



D. The County hereby specifically finds the cost of administering the Local Housing Assistance Program shall not exceed ten (10) percent of the funding received from the state pursuant to the State Housing Initiatives Partnership Act, unless the governing state statute is amended to allow higher percentage and such higher percentage is approved by the County by resolution.



E. The Local Housing Assistance Program may include all other lawful objectives not previously listed if said objectives have been adopted into the Local Housing Assistance Plan in the manner provided for by Sections 420.907 - 420.9079, Florida Statutes and Rule 91-37, Florida Administrative Code.



SECTION VI. DESIGNATION OF RESPONSIBILITY FOR ADMINISTRA- TION AND IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM.



A. The County shall be responsible for implementation and administration of the Local Housing Assistance Program.



B. The County shall provide a manager or administrator to:

1. Produce all reports and documents required by the FHFA.



2. Work with the County, the Local Housing Partnership and Affordable Housing Advisory Committee to:



a. Monitor the success of the Local Housing Assistance and provide advice and suggestions as to whether and in what ways the Local Housing Assistance Program might be improved from year to year, and



b. Develop the County Affordable Housing Incentive

Plan, as referenced in Sections VII and VIII herein.



3. Advertise meetings, the proposed Affordable Housing Incentive Plan, funds availability, and other issues, as required and appropriate.



4. Maintain required and appropriate program files, with required originals to be located in the County Clerk's Office.



C. The total amount paid for any administrative expenses in connection with the Local Housing Assistance Program will not exceed ten (10) percent of the proceeds of the local housing distribution.



D. The County shall not treat as administrative expenses any costs previously borne by another funding source which could continue to be available at the time the Local Housing Assistance Plan is submitted.



SECTION VII. CREATION OF THE AFFORDABLE HOUSING ADVISORY

COMMITTEE.



A. The Affordable Housing Advisory Committee is hereby created and established. The members of the Advisory Committee is hereby created and established. The members of the Advisory Committee shall be appointed by resolution of the Board of County Commissioners.



B. The resolution appointing the Affordable Housing Advisory Committee shall define affordable housing as applicable to the County in a way that is consistent with the adopted local comprehensive plan.



C. The Affordable Housing Advisory Committee shall consist of nine members. Five members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations if duly noticed. The Affordable Housing Advisory Committee shall include the following, which individuals may overlap with or be a part of the Local Housing Partnership:



l. One citizen who is actively engaged in the residential building industry.



2. One citizen who is actively engaged in the banking or mortgage industry.



3. One citizen who is a representative of those areas of labor engaged in home building.



4. One citizen who is designated as an advocate for low-income persons.



5. One citizen who is a provider of affordable housing.



6. One citizen who is a real estate professional.



D. Five members shall serve for two year terms and may be reappointed for subsequent terms. Four members shall serve one year terms and may be reappointed to subsequent terms.



E. Meetings shall be held at least quarterly for the first year of committee existence and semi-annually, or more frequently thereafter.



F. The Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in Chapter 420.0976, Florida Statutes. Minutes of the meeting shall be kept by the Clerk of the Board of County Commissioners or the designee.



G. The Affordable Housing Advisory Committee shall annually elect a Chairperson and such other officers as it deems necessary. The Chairperson is charged with the duty of conducting meetings in a manner consistent with the law.



H. Staff, administrative and facility support for the Affordable Housing Advisory Committee shall be provided by the Board of County Commissioners, with assistance from the consulting administrator.



I. The Affordable Housing Advisory Committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local comprehensive plan of the County and shall recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value.



J. Recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions. At a minimum, the Affordable Housing Advisory Committee shall make recommendations on affordable housing incentives in the following areas:



l. The affordable housing definition in the appointing resolution.



2. The expedited processing of permits for affordable housing projects.



3. The modification of impact fee requirements, including reduction or waiver of fees and alternate methods of fee payment.



4. The allowance of increased density levels.



5. The reservation of infrastructure capacity for housing for very low-income and low-income persons.



6. The transfer of development rights as a financing mechanism for housing for very low-income persons and low-income persons.



7. The reduction of parking and setback requirements.



8. The allowance of zero-lot-line configurations.



9. The modifications of sidewalk and street requirements.



10. The establishment of a process by which the County considers, before adoption, procedures and policies that have a significant impact on the cost of housing.



K. The Affordable Housing Advisory Committee's recommendations shall also include other affordable housing incentives identified by the Affordable Housing Advisory Committee, and as required by subsequent state rules or statutes governing the SHIP Program.



L. To the maximum extent feasible, the approved affordable housing incentive recommendations submitted to the Board of County Commissioners must quantify the affordable housing cost reduction anticipated from implementing the specific recommendation.



M. Within nine (9) months from the adoption of this Ordinance, the Affordable Housing Advisory Committee shall make recommendations approved by a majority of its membership at a public hearing. Notice of the time, date and place of the public hearing of the Affordable Housing Advisory Committee to adopt a final affordable housing incentive recommendations shall be published in a newspaper of general paid circulation in the County. Such notice shall contain a short and concise summary of the affordable housing incentive recommendations to be considered by the Affordable Housing Advisory Committee. The notice shall also state the public place where a copy of the tentative Affordable Housing Advisory Committee recommendation can be obtained by interested persons.



SECTION VIII. CONTENTS AND ADOPTION OF THE AFFORDABLE HOUSING INCENTIVE PLAN.



A. Within ninety (90) days after the date of the receipt of the affordable housing incentive recommendations from the Affordable Housing Advisory Committee, the Board of County Commissioners shall adopt the Affordable Housing Incentive Plan. The Affordable Housing Initiative Plan shall consist of the adoption of specific initiatives to encourage or facilitate affordable housing and a schedule for implementation and must include, at a minimum:



1. A schedule for implementation of expedited permit processing for affordable housing projects; and

2. An ongoing process for review of local policies, ordinances, regulations, and comprehensive plan provisions that significantly impact the cost of housing.



B. Upon adoption of the Affordable Housing Incentive Plan the Board of County Commissioners shall so notify the Florida Housing Finance Agency by certified mail. The notice shall include a copy of the approved Affordable Housing Incentive Plan.



SECTION IX. SEVERABILITY.



A. If any phase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby.



SECTION X. EFFECTIVE DATE.



A. This Ordinance shall become effective thirty (30) days after the date of formal adoption.



B. The above and foregoing Ordinance was read and approved at the duly convened meeting of the Board of County Commissioners of Gilchrist County, Florida, this 5th day of April, 1993.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



BY:__________________________

FRED WILKERSON, CHAIRMAN



ATTEST:



BY:____________________________

JACKIE R. BARRON, CLERK



APPROVED AS TO LEGAL FORM AND CONTENT



BY:_________________________________

THEODORE M. BURT, ATTORNEY



BUILDING DEPARTMENT REPORT



Mr. Carl Rehberg, Building & Zoning Official, presented his monthly report of permits issued. According to the report, a total of 50 permits were issued during the month of March. Of that total, 8 were issued for new construction, and 21 for mobile homes. A total of $4000 was collected in impact fees.



CIVIL DEFENSE



Mr. Richard Perryman, Civil Defense Director, reported that representatives from FEMA will be in Trenton April 7th & 8th do look at storm damage and obtain estimates of the costs related to the storm damage.



Mr. Perryman informed the Board that the ceiling vents in Osceola voting precinct are in need of repairs. Chairman Wilkerson asked Mr. Perryman if he could make the necessary repairs, with Mr. Perryman responding affirmatively.



Mr. Perryman stated that he has received a quote on installing an antenna at the Sheriff's Department for $451, and a quote for an handheld portable radio for $403.50. He further stated that Mr. Joyner needed to be able to communicate with the Sheriff's Department and 3 handheld radios are needed rather than one. He went on to say that he could possibly get a better quote for three than for only one. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield, to authorize Mr. Perryman to purchase the antenna, and obtain quotes for three radios instead of one. The motion carried unanimously.



SOLID WASTE



Mr. Joyner stated that Ring Power has a 6" log chipper under their lease/purchase plan for approximately $8000, or $1500 per month. They also have a 12" log chipper for approximately $16,900. FEMA will pay for the lease of a chipper for 2 weeks in order to clear trees that fell during the recent storm. Both of these chippers are portable. Commissioner Cannon made a motion, seconded by Commissioner Suggs, to authorize Mr. Joyner to lease a chipper, to be paid from the Solid Waste fund. The motion carried unanimously.



Mr. Joyner reported that the lumber at the landfill is rotten and since DER is going to inspect the facility soon, he would like to remove the lumber. The Board advised Mr. Joyner to chip it and/or give it away.



Mr. Joyner stated that he had been advised that the conveyor belt at the landfill needs to be longer in order for the inmates to continue to work the belt.



ROAD DEPARTMENT



Commissioner Suggs reminded Mr. Joyner that rumble strips are needed at Sapp's curve on CR 337, as well as CR 341 where it intersects state road 26.



Mr. Joyner presented a map to the Board illustrating the method or format by which the pipelines are to be placed underground for the Florida Gas Transmission Pipeline project. The map shows that pipelines are to be laid a minimum of 4'6" below the road surface. The Board discussed with Mr. Joyner the possibility of cutting into those lines whenever a road is widened. Many of the graded roads have a lower slope off each side. The Board asked Mr. Joyner to request a representative from the project to attend a future board meeting to discuss the permitting process and pipeline placement.



Mr. Joyner stated that he had met with Chris Shoemaker, from the SRWMD, as requested by the Board. The Board had earlier received complaints from residents living in the Suwannee Landing area. The road which leads into their subdivision is in need of repairs due to the river flooding. According to Mr. Shoemaker, a permit will need to be issued from SRWMD, which will require surveying and engineering.



Mr. Joyner questioned the Board as to the method for determining overtime. Should a person be paid overtime if they were off during the same week, due to illness or personal leave? According to Mr. Barron, it has been the Board's policy to not pay overtime until a person has physically worked 40 hours in a week. Mr. Burt stated that he would check further and report back to the Board.



Mr. Joyner stated that he had talked to Gerald Roberts about the problem which occurred with the rock trucks going down a road that passes Mr. Roy Robert's home. Mr. Roberts stated they could enter and exit using the road that runs in front of his house, as long as the county keeps that road in good repair. Mr. Burt stated that he would call Mr. Roberts to make sure this arrangement will be an ongoing situation.



Mr. Joyner stated that before gravel can be placed on the library parking lot, it would need to be crowned. He indicated that a permit will not be needed from the SRWMD to do this work. A motion was made by Commissioner Bush, seconded by Commissioner Suggs, to approve the budget request as presented by Mr. Hales, except for the $14,000 line item for children's books, which needs clarification. The motion carried unanimously.



Mr. Joyner stated that he is looking for an asphalt saw for repairing pot holes.



The Board instructed Mr. Joyner to install "No Fishing" signs on the 340 bridge.



Mr. Joyner stated that he spoke to Mr. Campbell, MTS, regarding the handheld radios, and Mr. Campbell stated that he could sell three for $378.50 each.



FRED FOX- CDBG PROGRAM UPDATE



Mr. Fox presented four change orders, which will each reduce the amount previously approved to expend on these projects. These change orders, approved upon a motion from Commissioner Sheffield, seconded by Commissioner Cannon, will reduce the following: H. Robinson from $15,093 to $12,000; L. Caraway from $19,092 to $18,092; M. Montgomery from $15,865 to $14,675; and E. Langford from $20,699 to $20,199. The motion carried unanimously.



Mr. Fox presented one change order, which will increase the amount of the job by $450 to have a new water pump installed for P. Hines. Commissioner Suggs made a motion to approve the request, seconded by Commissioner Bush, and unanimously approved.



Ms. Gladys Hilliard was present to discuss with the Board the penalty imposed on the contractor who worked on her home. Ms. Hilliard stated that she understood that the penalty for not having the work completed on time was greater than the amount imposed by the Board. The Board explained that the reason they only imposed a $250 fine was due to the holidays and bad weather that occurred during the time her home was being renovated. Ms. Hilliard stated that there are repairs still needed on her home, specifically, the screens were not reinstalled and there are leaks under the bathroom and kitchen sinks. The Board advised Ms. Hilliard that they retain a percentage on each contractor until all work is completed and inspected by the county building inspector.



BUDGET TRANSFERS



Budget transfers numbered 31-34, 37-42, & 44, were unanimously approved following a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



MISCELLANEOUS



Mr. Barron reviewed with the Board correspondence received. A letter was received from Ms. Betty Stockton, Levy Association for Retarded Citizens, requesting funding in the amount of $1000 per Gilchrist County resident that attends their non-profit organization. Chairman Wilkerson requested Mr. Barron to invite Ms. Stockton to a future Board meeting so that she can explain her services, and provide the Board with the number of people from Gilchrist County that utilizes the LARC.



A letter was received from Ms. Susanne Casey, HRS District III Administrator, notifying the Board that the state has increased it's funding to the Gilchrist County Public Health Unit by $5812 for Immunization Action Plans and $474 for Medicaid Drug Program Reimbursements. The Board unanimously approved this increase in funding by the state, upon a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



Mr. Barron stated that a letter from the North Central Florida Planning Council had been received notifying local governments of their surplus property, a copier and blue ray machine. Mr. Barron relayed to the Board that the Chamber of Commerce is looking for a copy machine. The Board agreed to request to be considered for both pieces of equipment, stating that the Property Appraiser may be able to use the blue ray machine.



Commissioner Sheffield stated that the Leggett voting precinct is in need of more folding chairs. He asked Susan Bryant, Supervisor of Elections to check on the price for some chairs.



The Board discussed the janitorial position at the courthouse, held by Linda Richburg. Since Ms. Bailey retired, Ms. Richburg's responsibilities has increased and she is requesting a pay increase. Chairman Wilkerson and Commissioner Sheffield stated that she has done a good job keeping the courthouse clean and have heard only positive comments from other courthouse employees about Ms. Richburg's work. Commissioner Suggs stated that she does not have a problem with granting Ms. Richburg a raise, however, she would like the record to reflect that there are heavy equipment operators within the Road Department that do not earn as much as this position currently pays. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush, to raise Ms. Richburg's hourly rate to $6.85 per hour. The motion carried unanimously.



The Board recessed at 6:30 p.m. and reconvened at 7:00 p.m.



PUBLIC HEARING: LAND DEVELOPMENT REGULATIONS



Mr. Scott Koons, North Central Florida Regional Planning Council, presented to the Board the Land Development Regulations, reflecting the changes at the summer workshop. The copy presented to the Board this date has been reviewed and approved by the Zoning Board in March 1993. Words underlined are additions to the text. Words stricken are deletions to the text.



SECTION 4.5 "A" AGRICULTURAL



4.5.1 DISTRICTS AND INTENT



The "A" Agricultural category includes six (6) zone districts: A-1, A-2, A-3, A-4, A-5, and A-6. Lands in these districts are intended to provide for areas primarily consisting of agricultural and residential uses consistent with the areas as designated agricultural within the Comprehensive Plan.



4.5.2 PERMITTED PRINCIPAL USES AND STRUCTURES



1. All agricultural activities (but not including livestock or poultry slaughterhouses), including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, forestry conducted in accordance with the Comprehensive Plan, agriculture, and similar uses; provided, that no roofed or covered structure used for housing of livestock and poultry or any commercial feed lot operation shall be located within forty-five (45) three hundred (300) feet of any lot line.



2. The processing, storage, and sale of agricultural products and commodities which are raised on the premises (but not including livestock or poultry slaughterhouses); provided, that no building used for these activities shall be located within forty-five (45) three hundred (300) feet of any side or rear lot line.



3. Single family dwellings.



4. Mobile homes.



5. Plant nurseries and greenhouses.



6. Public parks and recreational areas.



7. Homes of six (6) or fewer residents which otherwise meet the definition of a "community residential home" (see Section 4.2).



8. In A-2 through A-6 districts inclusive, all uses listed as special exceptions for A-2 through A-5 districts which are not open to the public, except intensive agriculture uses.



9. In A-6 districts, sawmills and planing mills for sawing and planing timber harvested on the premises; provided that no building used for these activities shall be located within three hundred (300) feet of any lot line.



ARTICLE SIX. HIGH GROUNDWATER AQUIFER RECHARGE AND

POTABLE WATER WELLFIELD REGULATIONS



SECTION 6.1 HIGH GROUNDWATER AQUIFER RECHARGE PROTECTION



6.1.1. High Groundwater Aquifer Recharge Areas. For the purposes of these land development regulations, such recharge areas shall be as identified in the Comprehensive Plan.



6.1.2 High Groundwater Aquifer Recharge Area Requirements. Within the areas designated as High Groundwater Aquifer Recharge Areas. All proposed development shall comply with the following:



l. Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. Where development is proposed in areas with existing wells, these wells shall be abandoned, including adequate sealing and plugging according to Chapter 17-28, Florida Administrative Code. The site and development plan shall clearly indicate that the proposed stormwater disposal methods meet requirements established in Article 7 herein;



2. Well construction, modification, or closure shall be regulated in accordance with the criteria established by the Water Management District and the Florida Department of Health and Rehabilitative Services;



3. Abandoned wells shall be closed in accordance with the criteria established by Chapter 17-28, Florida Administrative Code;



4. No person shall discharge or cause to or permit the discharge of a regulated material, as defined in Section 2.1 of these land development regulations (or as listed in Chapter 442, Florida Statutes) to the soils, groundwater, or surfacewater of any High Prime Natural Groundwater Aquifer Recharge Area except, provided that the use of agricultural chemicals per labeled application rates shall be allowed on any agriculturally zoned lands;



5. No person shall tamper or bypass or cause or permit tampering with or bypassing of the containment of a regulated material storage system, within any high prime natural groundwater recharge area, except as necessary for maintenance or testing of those components;



6. Landfill and storage facilities for hazardous/toxic wastes shall also require approval as a special exception by the Board of Adjustment as required in Article 12 of these land development regulations;



Mr. Koons stated that the above changes will be made to the document and presented to the Board on April 19, 1993, at 7:00 p.m. for the final public hearing for the Land Development Regulations.



The Board, along with Mr. Barron, Mr. Burt and Mr. Koons discussed the letter received from the Department of Community Affairs, dated March 26, 1993, regarding the Department's evaluation of the compliance proposal for Gilchrist County. The Department raised several concerns to the county's proposal. Mr. Burt, Mr. Barron and Mr. Koons will meet to draft a response to the DCA.

















There being no further business to discuss, the Board unanimously agreed to adjourn at l0:00 p.m., following a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



APPROVED:







_____________________________

FRED WILKERSON, CHAIRMAN



ATTEST:







_________________________________

JACKIE R. BARRON, EX-OFFICIO CLERK