MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS, HELD APRIL 19, 1993, AT 6:00 P.M.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting at 6:00 p.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



Members Absent: Sue B. Suggs.



The following people were also present: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell, Deputy Clerk, Herbie Parrish, Surveyor, Carl Rehburg, Scott Koons, North Central Florida Regional Planning Council, Ken Frey, Theron Hudson, Craig Hennis, Catherine Bond, Robert Bond, Ronald Adams, Martha Adams, Sarah Collis, Robert Phillips, Caroline Phillips, Kurt Sjoblom, Janet Sjoblom, Rick Ridenour, Mevere Carlisle, Donna Thompson, Kenneth Thompson, Leroy Nettles, Mildred Nettles, Chrystal Lites, Elsie Miller, and Debrah James, county residents.



Minutes of the workshop meeting with the City of Trenton, held March 29, 1993, were unanimously approved, following a motion from Commissioner Cannon, which was seconded by Commissioner Sheffield.



ATTORNEY'S REPORT



Mr. Burt reviewed a request for a subdivision variance from Bob Phillips. According to Mr. Burt, the Phillips' purchased 3.75 acres several years ago, and need 5 acres in order to comply with the subdivision ordinance. They have attempted to purchase more property adjoining their property, but have thus far been unsuccessful. Following discussion, a motion was made by Commissioner Bush, seconded by Commissioner Cannon, to refer their request to the Zoning Board. The motion carried unanimously.



Mr. Burt and Mr. Herbie Parrish discussed with the Board the preliminary plat for The Haven. Commissioner Bush stated that he had looked at the property, but is not certain that all the roads are wide enough. He would like to check the property again, and will report back to the Board at the next meeting.



Mr. Burt stated that Gilchrist Marine Company, located on South Santa Fe Avenue, is interested in having their road paved. Mr. Burt requests the Board's approval to add this road to the DOT grant application. The Board unanimously agreed to add this road to the application, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



Mr. Burt reported that he has received a proposed joint agreement from Alachua county for a hazardous waste collection center. According to the proposed agreement, Alachua county wants Gilchrist and Dixie counties to pay the cost which may exceed the grant amount, however, Dixie county has set a limit of $4000, plus advertising expenses. A motion was made by Commissioner Sheffield, seconded by Commissioner Cannon, to limit our participation in the program to $4000, plus advertising. The motion carried unanimously.



Mr. Burt reported that the deadline to apply for SHIP funding has been extended to June 30th. According to Mr. Burt, more specific information is needed by the state regarding administration. In order to facilitate the application process, Mr. Burt stated that he and his staff could administer the program on a temporary basis. The Board unanimously approved the appointment of Mr. Burt as SHIP program administrator, by motion from Commissioner Cannon, which was seconded by Commissioner Sheffield.



CLERK'S REPORT



Mr. Barron stated that he was contacted by Leroy Kurick, representing Ms. Helen Robinson. Ms. Robinson's home is being rehabilitated under the CDBG program, and Ms. Robinson is making application for a personal loan at a local bank. Since she signed a promissory note with the Board (for approximately $15,000) to have her home rehabilitated, she is concerned that this may affect the outcome of her loan application. Mr. Barron explained to Mr. Kurick that the mortgage with the Board is forgiven after three years, providing that Ms. Robinson does not sell her home before the three year period is completed. Mr. Barron also called a representative from the bank and explained the Board's mortgage with Ms. Robinson. The Board unanimously agreed to subrogate the county's mortgage for the Farmers & Merchants Bank for a loan of $1300, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



Mr. Barron presented two drafts of an agreement with the School Board to provide space, utilities, etc., which were prepared by the School Board. One proposed agreement states that they will pay for their own custodial services (for their administrative offices in the courthouse). The other agreement states that they will use the county's custodian, and provide a list of their substitutes for the county to use, whenever their custodian is out for vacation or off on sick leave. Both agreements extend for a three year period. The Board advised Mr. Barron to inform the School Board that they prefer the agreement which provides substitutes for custodial services. The School Board will meet tomorrow, and execute the agreement preferred by the County Commissioners. This agreement will then come back to the Board for their execution.



Mr. Barron stated that the final lease option is available for exercise on the Tri-County Senior Citizens Meal Site building. Mr. Barron asked if the Board would like to exercise that option. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush to exercise option, and purchase the building. The motion carried unanimously.



Mr. Barron explained to the Board the current status of the landfill. Lee Mills, engineer, has made the final inspection of the closed landfill, however, DER has raised a concern over the employment status of Bill Pierce, P. E., who inspected the liner. Mr. Pierce worked for and was paid directly by the Board. Mr. Barron and Mr. Mills are going to Jacksonville later this week to meet with representatives from DER.



Mr. Barron reported that a methane gas vent at the landfill was hit by a tractor, and we are currently applying for a permit to install a new one.



FINAL PUBLIC HEARING: LAND DEVELOPMENT REGULATIONS



Mr. Scott Koons, North Central Florida Regional Planning Council, presented the final draft of the Land Development Regulations. Mr. Koons explained that our Land Development Regulations must be consistent with the Comprehensive Plan, which is currently in effect, even though there are provisions being challenged by DCA. Upon adoption by the Board, the Land Development Regulations will become effective. The final draft copy includes changes made by the Board in their April 5th meeting. After discussion, the Board unanimously approved the following ordinance, upon a motion by Commissioner Sheffield, which was seconded by Commissioner Cannon:







ORDINANCE 93-04



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA AMENDING, REVISING, AND REPLACING IN THEIR ENTIRETY ANY AND ALL LAND DEVELOPMENT REGULATIONS OF GILCHRIST COUNTY, FLORIDA, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 163.3202, FLORIDA STATUTES, WHICH REQUIRE REGULATIONS TO BE PREPARED AND ADOPTED, WHICH IMPLEMENT THE COUNTY'S COMPREHENSIVE PLAN, FOR THE SUBDIVISION OF LAND, USE OF LAND AND WATER, AREAS SUBJECT TO SEASONAL AND PERIODIC FLOODING, PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDS DESIGNATED IN THE COUNTY'S COMPREHENSIVE PLAN, SIGNAGE, PROTECTION OF POTABLE WATER WELLFIELDS, DRAINAGE AND STORMWATER MANAGEMENT, ENSURING THAT PUBLIC FACILITIES AND SERVICES MEET OR EXCEED THE STANDARDS ESTABLISHED IN THE CAPITAL IMPROVEMENTS ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN AND ARE AVAILABLE WHEN NEEDED FOR DEVELOPMENT, AND SAFE AND CONVENIENT ONSITE TRAFFIC FLOW AND CONSIDERING NEEDED VEHICLE PARKING; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.



WHEREAS, Chapter 125.01, Florida Statutes, empowers the Board of County Commissioners to prepare and enforce Land Development Regulations to implement the County's Comprehensive Plan; and



WHEREAS, Chapter 163.3202, Florida Statutes, empowers and requires the Board of County Commissioners to prepare and adopt land development regulations which shall contain specific and detailed provisions necessary or desirable to implement the County's Comprehensive Plan and shall as a minimum; (a) regulate the subdivision of land; (b) regulate the use of land and water; (c) regulate areas subject to seasonal and periodic flooding; (d) ensure the protection of environmentally sensitive land designated in the County's Comprehensive Plan; (e) regulate signage; (f) provide for the protection of potable water wellfields; (g) provide for drainage and stormwater management; (h) ensure that public facilities and services meet or exceed the standards established in the Capital Improvements element of the County's Comprehensive Plan and are available when needed for development; and (i) ensure safe and convenient onsite traffic flow, considering needed vehicle parking; and



WHEREAS, the Gilchrist County Planning and Zoning Board has been established as the County's Local Planning Agency; and



WHEREAS, the Local Planning Agency, empowered by Chapter 163.3171, Florida Statutes, prepared land development regulations to implement the County's adopted Comprehensive Plan; and



WHEREAS, the Local Planning Agency, in the preparation of the land development regulations, held public workshops and public meetings and has effectively provided for full public participation, public notification, opportunity for written comments, open discussion, and consideration and response to public and official comments; and



WHEREAS, pursuant to Chapter 163.3174, Florida Statutes, the Local Planning Agency held the required public hearing on the land development regulations with due public notice having been provided, and having reviewed and considered all comments received during the public hearing and having provided for necessary revisions, and recommended the land development regulations to the Board of County Commissioners for approval; and



WHEREAS, pursuant to Chapter 125.66, Florida Statutes, the Board of County Commissioners held two public hearings, with due public notice having been provided, on the land development regulations, and



WHEREAS, in exercise of its authority the Board of County Commissioners has determined it necessary and desirable to adopt the land development regulations to preserve and enhance present advantages; encourage the most appropriate use of land, water and resources consistent with the public interest overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the County,



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



Section 1. Purpose and Intent.



This ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in Chapter 163.3202, Florida Statutes, and Chapter 125.01, Florida Statutes.



Section 2. Title of Land Development Regulations.



The land development regulations for the County shall be entitled "Gilchrist County Land Development Regulations".



Section 3. Land Development Regulations.



The County's Land Development Regulations, dated May 13, 1992, Revised September 14, 1992, Revised February 22, 1993, are hereby adopted to include:



(a) Article One which includes general provisions;



(b) Article Two which includes definitions, lots divided by district lines and nonconformities;



(c) Article Three which includes administrative mechanisms;



(d) Article Four which includes zoning regulations;

(e) Article Five which includes subdivision regulations;



(f) Article Six which includes prime natural ground-

water aquifer recharge and potable water wellfield

regulations;



(g) Article Seven which includes stormwater manage-

ment regulations;



(h) Article Eight which includes flood damage preven-

tion regulations;



(i) Article Nine which includes minimum housing

regulations;



(j) Article Ten which includes hazardous building

regulations;



(k) Article Eleven which includes historic sites and

structures preservation regulations;



(l) Article Twelve which includes appeals; special ex-

ceptions, variances and interpretations;



(m) Article Thirteen which includes hearing procedures for special exceptions, variances, certain special permits, appeals and applications for amendment;



(n) Article Fourteen which includes permitting and con-

currency management;



(o) Article Fifteen which includes enforcement and

review;



(p) Article Sixteen which includes amendment procedures;

and



(q) Official Zoning Atlas, dated July 31, 1992, provided

for in Article Four.



Section 4. Applicability and Effect.



The applicability and effect of these land development regulations shall be as provided by the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163.3161 through 163.3215, Florida Statutes and this Ordinance.



Section 5. Severability.



If any provision or portion of this Ordinance, or the land development regulations adopted by the Board of County Commissioners pursuant to this Ordinance, is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance, or the land development regulations adopted by the Board of County Commissioners pursuant to this Ordinance shall remain in full force and effect.



Section 6. Conflict.



All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.



Section 7. Copy on File.



A certified copy of the enacting ordinance, as well as a certified copy of the County's land development regulations, shall be filed with the County Clerk.



Section 8. Effective Date.



This Ordinance shall be filed with the Office of the Secretary of the State of Florida and shall immediately take effect upon receipt of official acknowledgement from the Secretary of State that such ordinance has been filed with that office.



Section 9. Authority.



This Ordinance is adopted pursuant to the authority granted by Chapter 125.02 and Chapter 163.3161 through 163.3215, Florida Statutes.



PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of County Commissioners in regular session this 19th day of April, 1993.



ATTEST: BOARD OF COUNTY COMMISSIONERS,

GILCHRIST COUNTY, FLORIDA



JACKIE R. BARRON, CLERK FRED WILKERSON, CHAIRMAN



Mr. Koons provided the Board with a resolution, which provides for the appointment of members to the county's planning and zoning board, along with a resolution which establishes a schedule of fees and charges pertaining to the county's comprehensive plan and land development regulations. Following discussion, the Board agreed to table these resolutions until the May 3, 1993 meeting.



WATER'S LAKE PARK



Several residents of the Water's Lake area were in attendance to request the Board to make improvements at the park at Water's Lake. Mr. Theron Hudson, who owns a store near the park, stated that he would be willing to keep the key to the restroom at his store, so that it could be locked overnight. The dusk to dawn light is no longer working, and the picnic shelter is in need of repairs. Commissioner Bush stated that he would meet with Mr. Roy Nettles, to stake the property lines of the park, in order to possibly fence the park area, as well as note other repairs needed.



JAIL CONSTRUCTION



Mr. Albert Martin spoke to the Board regarding the jail construction project. According to Mr. Martin, it should cost approximately $4000 to finish the building. The Board authorized Mr. Martin to proceed, but cautioned him to not exceed the $4000 since the project has already gone over the original estimate, and funding is now coming out the general revenue reserve.



Mr. Barron stated that his accounts payable clerk has had problems with identifying charges from Southern Bell. The bill for the Sheriff's department is considerably higher than usual, however, no one from the Sheriff's office can identify the charges. Mr. Barron suspects that part of the charges are for local banks and businesses' security systems, which should have been billed directly to the individual bank or business. Mr. Barron stated that he would not approve payment of this bill until the charges can be identified.



SOLID WASTE/ROAD DEPARTMENTS



Mr. Joyner requested the Board to authorize the purchase of a 12" wood chipper, which he has leased from Ring Power. FEMA is willing to reimburse the county for the two weeks the chipper was used to chip tree limbs, which fell during the recent storm, however, the old chipper at the landfill is not working, and not suitable for large limbs, and Mr. Joyner would like to purchase a new one with solid waste funds. A motion was made by Commissioner Sheffield, seconded by Commissioner Cannon, to authorize Mr. Joyner to purchase the chipper, at a cost of approximately $14,000 waiving the bid requirements. The motion carried unanimously.



Mr. Joyner spoke to the Board about purchasing an asphalt saw for the road department. According to Mr. Joyner, the asphalt saw is needed to patch pot holes, and cost approximately $1600. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to authorize the purchase of an asphalt saw, providing there is sufficient funds in the transportation budget. The motion carried unanimously.



ANNUAL FORESTRY OPERATING PLAN



Mr. Barron provided a copy of the annual forestry operating plan to Board members. Mr. Burt requested the Board postpone approval of the plan until he can review it. The Board agreed to table this item until the May 3rd meeting.



MISCELLANEOUS



Mr. Barron reviewed with the Board a letter received from the Department of Community Affairs, requesting the Board to designate their agent for applying for Disaster Relief Funding. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush, to designate by resolution, Mr. Richard Perryman, Gilchrist County Civil Defense Director. The motion carried unanimously and the resolution is as follows:



RESOLUTION 93-09



BE IT RESOLVED by the Gilchrist County Board of County Commissioners that Richard Perryman, Civil Defense Director, is hereby authorized to execute for and in behalf of Gilchrist County, a public entity established under the laws of the State of Florida, this application and to file it with the Governor's Authorized Representative for the purpose of obtaining certain Federal financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-707 or otherwise available from the Presidents Disaster Relief Fund.

THAT Gilchrist County, a public entity established under the laws of the State of Florida, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements incorporated into the Disaster Relief Funding Agreement to be executed between Gilchrist County and the State of Florida.

PASSED AND APPROVED this 19th day of April, 1993.

APPROVED:



_____________________________

FRED WILKERSON, CHAIRMAN



ATTEST:



________________________________

JACKIE R. BARRON, CLERK



Mr. Barron stated that he had received a letter from the Levy Association for Retarded Citizens, requesting funding from the county. According to Betty Stockton, Director of the LARC, the center provides services to Gilchrist county residents. Chairman Wilkerson asked Mr. Barron to invite Ms. Stockton to a future board meeting to explain their services and give an estimate of their funding needs from Gilchrist county.



Mr. Barron requested the Board to authorize him to send a letter to the Suwannee County Board of County Commissioners, requesting that they refrain from awarding a contract to upgrade the regional library services, until Gilchrist county can complete it's evaluation of those services provided to Gilchrist county. A motion was made by Commissioner Sheffield, seconded by Commissioner Bush, and unanimously approved to authorize Mr. Barron to request Suwannee county to delay their decision.

Mr. Barron spoke to the Board regarding a recent telephone conversation he had Ms. Barbara McLendon, Department of Commerce. According to Ms. McLendon, she has been unable to contact Mr. Ray Bennett, Ginnie Springs Water Company, by phone, receiving the message that his business and home numbers have been disconnected. In addition, she has been unable to contact Mr. Bennett by mail, as he has moved without leaving a forwarding address. If the department is unable to contact Mr. Bennett by 4-26-93, they will terminate the project on improvements to CR 340.



























There being no further business to come before the Board, a motion was made by Commissioner Cannon, seconded by Commissioner Bush, and unanimously agreed to adjourn at 11:14 p.m.



APPROVED:





______________________

FRED WILKERSON,

CHAIRMAN



ATTEST:







__________________________

JACKIE R. BARRON, CLERK