MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JULY 19, 1993



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on July 19, 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, Denise Troyer, Kelly Johnson, & Charlotte Burley, Deputy Clerks, Carl Rehberg, Building Inspector, Richard Perryman, Civil Defense Director, Buddy Joyner, Road & Solid Waste Supervisor, Wilma Mattucci, Librarian, Albert Martin, Construction Superintendent, Alan Nast & Robert Beauchamp, Davis, Monk & Company, John Russell, Sara Collis, Jim Troke, David Martin, Vernon Layfield, and Wm. Gerald Thompson, county residents.



APPROVAL OF MINUTES



Minutes of the meetings held May 17, June 7, and June 17, were unanimously approved, subject to corrections made in today's meeting, upon a motion from Commissioner Suggs, which was seconded by Commissioner Cannon.



ATTORNEY'S REPORT



Mr. Burt stated that the SHIP plan was reviewed by the state, and the amount allocated in the plan for homeownership counseling was thought to be excessive. The state is recommending the county lower that amount. Mr. Burt presented a resolution for the Board's consideration, which lowers the amount for counseling. In addition, a resolution which changes the time frame for expenditures for the SHIP plan was presented to the Board. Both resolutions were unanimously approved following a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



RESOLUTION 93-19



WHEREAS, the Gilchrist County Board of County Commissioners had adopted the Gilchrist County Local Housing Assistance Plan for the State Housing Initiative Partnership Program; and

WHEREAS, the SHIP Plan reflects $37,500.00 of the SHIP allocation to be used for homeownership counseling over a three (3) year period appears to be excessive based on the number of housing units that will be produced over a three (3) year period; and

WHEREAS, the local financial institutions and other non-profit and for profit entities in the County have expressed their desire to provide counseling assistance to the County and the recipients of SHIP funds.

NOW, THEREFORE, be it resolved by the Gilchrist County Board of County Commissioners that the SHIP Plan be, and is hereby amended as it relates to the allocation of funds for homeownership counseling so as to provide that not more than $3750.00 of the SHIP allocation shall be used for the homeownership counseling over the next ensuing three (3) years; and

FURTHER RESOLVED that the excess funds created by decreasing the budget on counseling be added to Rehabilitation/Repair and new construction in equal amounts as goals for the County SHIP Program.

This Resolution shall become effective upon adoption.

DONE and RESOLVED this 19th day of July, 1993.

GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



FRED WILKERSON, CHAIRMAN



ATTEST:



JACKIE R. BARRON, CLERK



RESOLUTION 93-20



A RESOLUTION PROVIDING A TIMELINE FOR EXPENDITURE OF

SHIP FUNDS.



WHEREAS, the Gilchrist County Board of County Commissioners has adopted the Gilchrist County Local Housing Assistance Plan for the State Housing Initiative Partnership Program; and

WHEREAS, the County failed to include within that plan a timeline for expenditure of SHIP funds.

NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the timeline for expenditure of SHIP funds for the years 1993, 1994, and 1995 as attached hereto hereby adopted as part of the SHIP Plan.

This Resolution shall become effective upon adoption.

DONE and RESOLVED this 19th day of July, 1993.

GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



FRED WILKERSON, CHAIRMAN



ATTEST:



JACKIE R. BARRON, CLERK



Mr. Burt reported to the Board that Alachua County wants to meet with Dixie and Gilchrist Counties next week to determine a date for a Toxic Waste Roundup Day. Mr. Burt stated that he would speak to Richard Perryman about coordinating a meeting.



Mr. Burt reviewed with the Board a letter received from the Department of Environmental Protection, informing the Board of Florida Power's application to run power lines across the Suwannee River. The Board has 14 days to file any objections. The Board advised Mr. Burt that they have no objections to Florida Power's application.



Mr. Burt discussed the proposal sent by the North Central Florida Regional Planning Council, for funding for their assistance with the county's comprehensive plan and land development regulations, for next fiscal year. According to Council's director, the state legislature has not provided any funds for this purpose and the Council is offering 3 levels of assistance. Following discussion, a motion was made by Commissioner Suggs, seconded by Commissioner Bush, to accept the level II services at an annual rate of $12,000 for fiscal year 93-94, subject to final budget adoption. The motion carried unanimously.



Mr. Burt presented the Board with a resolution which reflects the changes in the fees pertaining to the county's comprehensive plan and land development regulations. The Board unanimously approved this resolution, following a motion from Commissioner Bush, seconded by Commissioner Suggs. The resolution follows:



RESOLUTION 93-18



A RESOLUTION AMENDING RESOLUTION NO. 93-14, PROVIDING

FOR THE ESTABLISHMENT OF A SCHEDULE OF FEES AND CHARGES

FOR MATTERS PERTAINING TO THE COUNTY'S COMPREHENSIVE

PLAN AND LAND DEVELOPMENT REGULATIONS.



WHEREAS, the County has adopted a Comprehensive Plan and Land Development Regulations pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163.3161 through 163.3215, Florida Statutes; and

WHEREAS, it is the intent of the County that the County shall not be required to bear the cost of petitions, appeals or applications under the Comprehensive Plan or Land Development Regulations; and

WHEREAS, the fees and charges herein set out represent the cost of legal advertising, postage, clerical, filing and other costs involved in the processing of petitions, appeals or applications;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA:

1. Until the following applicable fees of charges have been paid in full, no action of any type or kind shall be taken on a petition, appeal or application:



A petition to:



- amend the Comprehensive Plan $900.00

- amend the text of the Land

Development Regulations $800.00

- rezone five percent or more

of the total land area of

the county $800.00

- rezone less than five percent

of the total land area of the

county $300.00



An appeal to the Board of Adjustment for:



- special exception $200.00

- variance $150.00

- change in a non-conforming use $150.00

- interpretation $100.00

- special exception, variance or

for a change in a non-conforming

use for agricultural purposes or

single family residential purposes $ 50.00



An appeal to the Board of County Commissioners

from a decision of the Planning & Zoning Board $100.00



An application for subdivision plat approval

as defined in Section 2.1 of the County's

Land Development Regulations for:



- filing of a preliminary plat for a

major subdivision $150.00

- final plat submittal for a major

subdivision $350.00 plus $10.00 per lot

- final plat submittal for a minor

subdivision $200.00

An application for:



- special permit for land, and

water fills, dredging, excavation

mining $200.00

- a special permit to construct a

bulkhead dock, pier, wharf or

similar structure $ 75.00

- site & development plan approval $200.00

- a special temporary use permit

issued by the Board of County

Commissioners $ 75.00

- a special temporary use permit

issued by the Land Development

Regulation Administrator $ 50.00

- a sign permit $ 50.00

- a certificate of zoning compliance $ 25.00

- a certificate of concurrency

compliance $ 25.00



2. This schedule of fees and charges shall be posted in the Office of Land Development Regulation Administrator.



3. Fees paid are non-returnable.



4. All existing fees or charges related to petitions, appeals or applications under the Comprehensive Plan or Land Deve-

lopment Regulations in conflict with this resolution are

hereby repealed to the extent of such conflict.



5. This resolution shall become effective immediately upon

adoption.



PASSED in regular session this 19th day of July, 1993.



GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Burt stated that he has drafted a resolution for the Board to initiate an adopt-a-road program. The Board authorized Mr. Burt to advertise this resolution for possible adoption at the next Board meeting.



Mr. Burt reported that it has been brought to his attention that several people in the Cypress Shores and Santa Fe Oasis subdivisions are in violation of the subdivision ordinance. Both of these subdivisions are unrecorded, and though they may have the proper zoning, they need a variance to the subdivision ordinance. Currently, there are people paying for lots that they are unable to use. Even though this is an issue for the Planning Board to hear, Mr. Burt wanted the Board to be aware of the situation.



Mr. Burt reported that the Florida Department of Transportation is interested in entering an agreement with the county, whereby both parties agree not to charge the other for services rendered. Mr. Burt stated that he would draft an agreement for Board consideration.



LIBRARY



Mrs. Mattucci asked the Board if the Library could donate some books to the Friends of the Library. These are books that are no longer needed at the library, and the Friends of the Library could sell them during a fund raiser and the money would go back into the library's fund. The Board stated they had no problem with proposal.



Commissioner Bush made a motion, seconded by Commissioner Sheffield, to appoint Commissioner Suggs to the regional library task force. The motion carried unanimously.



ANNUAL AUDIT/ENGAGEMENT CONTRACT FOR AUDIT SERVICES



Mr. Alan Nast and Mr. Robert Beauchamp presented the county's annual audit for fiscal year ending 9-30-92. Mr. Nast summarized the audit process, stating that they look at internal controls, compliance with laws and regulations, and test numbers for accuracy. According to Mr. Nast, last year was a relatively good year, with the county in a positive carry-over position, rather than the negative position which was budgeted. The audit was unanimously approved, following a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



Mr. Nast stated that the contract for their services has expired, however, their contract is a renewable one, should the Board choose to do so. Mr. Nast offered the Board a 3 year contract at $33,000 for the first year, with a cost of living increase over the following two years. Following discussion, a motion was made by Commissioner Sheffield, seconded by Commissioner Suggs, to accept the 3 year contract with Davis, Monk & Company. The motion carried unanimously.



BUILDING DEPARTMENT REPORT



Mr. Carl Rehberg, Building Inspector, submitted a report for the month of June, which indicates a total of 41 permits issued. Of that total, 21 were for mobile homes and 4 were for new construction. Nineteen impact fees were collected for a total of $7700.



Mr. Rehberg reported that he had selected, in his opinion, the best three applicants for the secretarial position in his office. The Board discussed with Mr. Rehberg the salary level of the position, realizing that a change would need to be made. Commissioner Cannon made a motion, seconded by Commissioner Bush, to authorize Mr. Rehberg to interview the three applicants, and make a recommendation to the Board, starting the position at $5.00 per hour, and reviewing the position's salary in 90 days. The motion carried unanimously.



Mr. Rehberg reported that he had to turn down a permit for power for Lonnie Wilkerson. According to Mr. Rehberg, the trailer was not in zoning compliance, however, the Town of Bell approved the zoning. Mr. Rehberg made three trips to Bell but could not approve the trailer for power, since it did not meet the codes. Mr. Rehberg further stated that Mr. Wilkerson wants a refund on his permit fee, however, Mr. Rehberg does not recommend the refund. Following discussion, a motion was made by Commissioner Bush, seconded by Commissioner Sheffield, to deny the refund. The motion carried unanimously.



PUBLIC HEARING: EMERGENCY MEDICAL SERVICES

UNIFORM METHOD OF COLLECTION



Mr. Burt presented an ordinance for the Board's consideration, which provides for the uniform method of collection for non-advalorem assessments. This method of collection would place the EMS non-advalorem assessments on the same bill as the property taxes. Commissioner Suggs stated that she is opposed to the ordinance, since a person's property may be in jeopardy if they fail to pay their non-advalorem assessments. The ordinance was adopted, by split vote, following a motion from Commissioner Bush, which was seconded by Commissioner Sheffield:



Bush- Yes

Sheffield- Yes

Cannon- Yes

Wilkerson- Yes

Suggs- No



ORDINANCE 93-06



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, AMENDING AND REVISING PRE-

VIOUS ORDINANCES RELATING TO THE GILCHRIST COUNTY

EMERGENCY MEDICAL SERVICE DISTRICT ESTABLISHING COUNTY-

WIDE SPECIAL ASSESSMENT FOR PURPOSES OF EMERGENCY MED-

ICAL SERVICES AND PROVIDING FOR DEFINITIONS; FINDINGS;

GENERAL AUTHORITY; INITIAL PROCEEDINGS; ASSESSMENT ROLL;

NOTICE; ADOPTION AND EFFECT OF FINAL ASSESSMENT RESO-

LUTION; ADOPTION OF ANNUAL RATE RESOLUTION; LIEN OF

ASSESSMENTS; PROCEDURAL IRREGULARITIES; CORRECTIONS;

METHOD OF COLLECTION; ALTERNATIVE METHOD OF COLLECT-

ION; RESPONSIBILITY FOR ENFORCEMENT; EXEMPTIONS; USE

OF MONIES; APPLICABILITY; SEVERABILITY; ALTERNATIVE

METHOD; AND EFFECTIVE DATE.



NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA:



ARTICLE I



INTRODUCTION



SECTION 1.01 CONFLICT. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION 2.01 DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires:

"Annual Rate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate at which the Emergency Medical Service Assessments for a specific Fiscal Year will be computed.

"Assessable Property" means all parcels of land shown on the Tax Roll within the County.

"Assessment Roll" means a non-ad valorem assessment roll relating to emergency medical services costs, approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.

"Board" means the Board of County Commissioners of Gilchrist County, Florida.

"District" means the Gilchrist County Municipal Services Special District (GCMSSD) for Emergency Medical Services (EMS).

"Emergency Medical Service Assessment" means a non-ad valorem assessment lawfully imposed by the County against Assessable Property to pay all or any portion of the Emergency Medical Service Cost.

"Emergency Medical Service Assessment Coordinator" means the person designated by the County to administer the Emergency Medical Service Assessment program, or such person's designee.

"Emergency Medical Service Cost" means the amount necessary in any Fiscal Year to fund Emergency Medical Services, facilities or obligations which benefit Assessable Property, and shall include, but not be limited to, (A) the cost of physical construction, reconstruction or completion of any facility, (B) the costs of acquisition or purchase, (C) the cost of all labor, materials, machinery and equipment, (D) the cost of fuel, parts, supplies, maintenance, repairs and utilities, (E) the cost of computer services, data processing and communications, (F) the cost of all lands and interest therein, leases, property rights, easements and franchises of any nature whatsoever, (G) the cost of any indemnity or surety bonds and premiums for insurance, (H) interest prior to and during construction, for such period of time after completion of the construction or acquisition of any facility as the District Board deems appropriate, and for such period of time after the issuance of Obligations as may be necessary to collect the initial annual installment or assessment, (I) the cost of salaries, volunteer pay, workers' compensation insurance or other employment benefits, (J) the cost of uniforms, training, travel and per diem, (K) amounts necessary to pay redemption premiums or other costs associated with the early retirement of Obligations, (L) the creation of reserve or debt service funds, (M) costs and expenses related to the issuance of Obligations, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on Obligations held by the issuer of such liquidity facility or credit facility, (N) the cost of construction plans and specifications, surveys and estimates of costs, (O) the cost of engineering, financial, legal and other professional services, (P) all costs associated with the structure, implementation, collection and enforcement of Emergency Medical Service Assessments, including any service charges of the Clerk, Tax Collector or Property Appraiser and amounts necessary to off-set discounts received for early payment of Emergency Medical Service Assessments pursuant to applicable law and (Q) all other costs and expenses properly attributable to Emergency Medical Service related services or the use, acquisition or construction of Emergency Medical Service related equipment or facilities, and such other expenses as may be necessary or incidental to any related financing authorized by the District Board or this Ordinance, including a reasonable contingency amount, including reimbursement of the County or any other person, firm or corporation for any moneys advanced for any costs incurred by the County or such person, firm or corporation in connection with any of the foregoing items of cost.

"Final Assessment Resolution" means the resolution described in Section 2.06 hereof which shall confirm or deny the Initial Assessment Resolution and which shall be the final proceeding for the imposition of an Emergency Medical Service Assessment.

"Fiscal Year" means that period beginning October 1st of each year and ending on the 30th day of September of the subsequent year.

"Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the imposition of an Emergency Medical Service Assessment.

"Maximum Assessment Rate" means the maximum rate of assessment established by the Final Assessment Resolution for Emergency Medical facilities and services.

"Obligations" means bonds, notes, commercial paper, capital leases or any other obligations of the County issued or incurred to finance any portion of the provision of Emergency Medical services or facilities.

"Ordinance" means this Emergency Medical Service Assessment Ordinance.

"Owner" shall mean the Person owning assessable property.

"Person" means any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require.

"Property Appraiser" means the Property Appraiser of the County.

"Tax Account" means a separate record or file created by the Property Appraiser in preparation of the Tax Roll, which includes a description of one or more parcels of real property under common ownership and identified by a unique number based on a parcel numbering system applied uniformly throughout the County.

"Tax Collector" means the Tax Collector of the County.

"Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.

"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessment on the same bill as ad valorem taxes.

SECTION 1.03 INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.

SECTION 1.04 FINDINGS. It is hereby ascertained, determined and declared that:

(A) Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the District Board has all powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances.

(B) Assessable Property will derive special and peculiar benefits from the levy of the Emergency Medical Service Assessment, resulting in, among other things, protection of public safety, enhancement of business property and better service to landowners and tenants.

Emergency Medical Services are an essential service to the citizens of the county. Without appropriate emergency medical and ambulance services, the safety and well being of citizens of the County would be endangered.

(C) The imposition of an annual Emergency Medical Service Assessment is an equitable and efficient method of allocating and apportioning the Emergency Medical Service Cost among Assessable Property.

(D) The annual Emergency Medical Service Assessment to be imposed pursuant to this Ordinance will constitute a non-ad valorem assessment within the meaning and intent of the Uniform Assessment Collection Act.

(E) The Emergency Medical Service Assessment to be imposed pursuant to this Ordinance is imposed by the Board, not the property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the Uniform Assessment Collection Act are ministerial.

ARTICLE II

EMERGENCY MEDICAL SERVICE ASSESSMENTS

SECTION 2.01 GENERAL AUTHORITY.

(A) The Board is hereby authorized to impose Emergency Medical Service Assessments against all Assessable Property within the unincorporated area of the County at a rate of assessment based on the special benefit accruing to such property from the County's provision of Emergency Medical services and facilities. Emergency Medical Service Assessment shall be imposed in conformity with the procedures set forth in this Article II.

(B) The amount of the Emergency Medical Service Assessment imposed each Fiscal Year against each lot or parcel of Assessable Property shall be based upon (1) classifications of property reasonably related to the demand for Emergency Medical services and facilities, (2) any other factor reasonably related to the demand or necessity of Emergency Medical services and facilities, or (3) any combination of factors employed to compute the Emergency Medical Service Assessment shall result in a rate of assessment not in excess of the special benefit accruing to such lot or parcel of Assessable Property.

SECTION 2.02 INITIAL PROCEEDINGS. The initial proceeding for imposition of the Emergency Medical Service Assessment shall be the passage by the Board of an Initial Assessment Resolution (A) containing a brief and general description of the Emergency Medical services and facilities to be provided, (B) describing the method of apportioning the Emergency Medical Service Cost to compute the Emergency Medical Service Assessment for specific properties, (C) designating a Maximum Assessment Rate and (D) directing the Emergency Medical Service Assessment Roll, as required by Section 2.03 hereof, (2) publish the notice required by Section 2.04 hereof, and (3) mail the notice required by Section 2.05 hereof.

SECTION 2.03 EMERGENCY MEDICAL SERVICE ASSESSMENT ROLL. The Emergency Medical Service Assessment Coordinator shall prepare, or cause to be prepared, the initial Emergency Medical Service Assessment Roll, which Roll shall contain the following:

(A) A summary description of all Assessable Property conforming to the description contained on the Tax Roll.

(B) The name of the Owner of record of each lot or parcel of Assessable Property as shown on the Tax Roll.

(C) The amount of the initial Emergency Medical Service Assessment to be imposed against each such lot or parcel of Assessable Property.

The initial Emergency Medical Service Assessment Roll shall be retained by the Emergency Medical Service Assessment Coordinator and shall be open to public inspection. The foregoing shall not be construed to require that the Emergency Medical Service Assessment Roll be in printed form if the amount of the Emergency Medical Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public.

SECTION 2.04 NOTICE BY PUBLICATION. The Emergency Medical Service Assessment Coordinator, upon completion of the initial Emergency Medical Service Assessment Roll, shall publish once in a newspaper of general circulation, published and circulating in the County, a notice stating that at a meeting of the Board on a certain day and hour, not earlier than twenty (20) calendar days from such publication, which meeting shall be a regular, adjourned or special meeting, the Board will hear objections of all interested persons to the Emergency Medical Service Resolution which shall establish the Maximum Assessment Rate and approve the aforementioned initial Emergency Medical Service Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Emergency Medical Service Assessment, (B) a brief and general description of the Emergency Medical services and facilities to be provided, (C) the Maximum Assessment Rate, (D) the procedure for objecting provided in Section 2.06 hereof, (E) the method by which the Emergency Medical Service Assessments will be collected, and (F) a statement that the initial Emergency Medical Service Assessment Roll is available for inspection at the office of the Emergency Medical Service Coordinator and all interested persons may ascertain the amount to be assessed against a lot or parcel of Assessable Property at the office of the Emergency Medical Service Coordinator.

SECTION 2.05 NOTICE BY MAIL. In addition to the published notice required by Section 2.04, but only for the first Fiscal Year in which an Emergency Medical Service Assessment is imposed against Assessable Property, the Emergency Medical Service Assessment Coordinator shall provide notice by first class mail to each Owner proposed to be assessed. Such notice shall include (A) the purpose of the Emergency Medical Service Assessment, (B) the total amount to be levied against each parcel of property, (C) the unit of measurement applied to determine the Emergency Medical Service Assessment, (D) the number of such units contained in each parcel of property, (E) the total revenue to be collected by the County from the Emergency Medical Service Assessments, (F) a statement that failure to pay the Emergency Medical Service Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in loss of title to the property, (G) a statement that all affected Owners have a right to appear at the hearing and to file written objections with the Board within twenty (20) days of the notice, and (H) the date, time, and place of the hearing. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least twenty (20) calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The Emergency Medical Service Assessment Coordinator may provide proof of such notice by affidavit.

SECTION 2.06 ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the time named in such notice, or to which an adjournment or continuance may be taken by the Board, the Board shall receive any written objections of interested persons and may then or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall (A) repeal or confirm the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (B) establish the Maximum Assessment Rate and set the initial rate of assessment; and (C) approve the initial Emergency Medical Service Assessment Roll, with such amendments as it deems just and right. All parcels shall derive a special benefit from Emergency Medical Service services and facilities and the Emergency Medical Service Assessment shall be fairly and reasonably apportioned between the properties that receive the special benefit. All objections to the Final Assessment Resolution shall be made in writing, and filed with the Emergency Medical Assessment Coordinator at or before the time or adjourned time of such hearing. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year Emergency Medical Service Assessments are imposed hereunder.

SECTION 2.07 EFFECT OF FINAL ASSESSMENT RESOLUTION. The Emergency Medical Service Assessments for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of apportionment, the Maximum Assessment Rate, the initial rate of assessment, the initial Emergency Medical Service Assessment Roll and the levy and lien of the Emergency Medical Service Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief with twenty (20) days from the date of Board action on the Final Assessment Resolution. The initial Emergency Medical Service Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, or such other official as the Board, by resolution, deems appropriate.

SECTION 2.08 ADOPTION OF ANNUAL RATE RESOLUTION. The Board shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which assessments for Emergency Medical Service are imposed hereunder. The Annual Rate Resolution shall approve the Emergency Medical Service Assessment Roll for the upcoming Fiscal Year. The Emergency Medical Service Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Final Assessment Resolution. If for any Fiscal Year (A) the proposed rate of assessment exceeds the Maximum Assessment Rate included in any notice previously provided to the Owners of Assessable property pursuant to Sections 2.04 and 2.05 hereof or (B) the method of apportionment is changed from that represented by any notice previously provided to the Owners Assessable Property pursuant to Section 2.04 and 2.05 hereof, the Annual Rate Resolution for such Fiscal Year shall not be adopted prior to a public hearing on the rate of assessment, for which notice is provided by publication and first class mail is substantially the manner set forth in Section 2.04 and 2.05 hereof. The Emergency Medical Service Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Emergency Medical Service Assessments, such other official as the Board by resolution shall designate. If the Emergency Medical Service Assessment against any property shall be sustained or reduced or abated by the court, an adjustment shall be made on the Emergency Medical Service Assessment Roll.

SECTION 2.09 LIEN OF EMERGENCY MEDICAL SERVICE ASSESSMENTS. All Emergency Medical Services Assessments shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.

SECTION 2.10 PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Emergency Medical Service Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Emergency Medical Service Assessment as finally approved shall be competent and sufficient evidence that such Emergency Medical Service Assessment was duly levied, that the Emergency Medical Service Assessment was duly made and adopted, and that all other proceedings adequate to such Emergency Medical Service Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section, any party objecting to an Emergency Medical Service Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein.

SECTION 2.11 CORRECTION OF ERRORS AND OMISSIONS.

(A) No act or error or omission on the part of the Property Appraiser, Tax Collector, Emergency Medical Service Assessment Coordinator, Board or their deputies or employees, shall operate to release or discharge any obligation for payment of an Emergency Medical Service Assessment imposed by the Board under the provision of this Ordinance.

(B) When it shall appear that any Emergency Medical Service Assessment should have been imposed under this Ordinance against a lot or parcel of property specially benefitted by the provision of Emergency Medical Services or facilities, but that such property was omitted from the Emergency Medical Service Assessment Roll, the Board may, upon provision of appropriate notice as set forth in this Article II, impose the applicable Emergency Medical Service Assessment for the Fiscal Year in which such error is discovered, in addition to the applicable Emergency Medical Service Assessment due for the prior two (2) Fiscal Years. Such total Emergency Medical Service Assessments shall become delinquent if not fully paid upon the expiration of ninety (90) days from the date of the adoption of said resolution. The Emergency Medical Service Assessment so imposed shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and may be collected as provided in Article III hereof.

(C) The Emergency Medical Service Assessment Coordinator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to an Emergency Medical Service Assessment, to correct any error in applying the Emergency Medical Service Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Emergency Medical Service Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the Emergency Medical Service Coordinator and not the Property Appraiser or Tax Collector.

(D) After the Emergency Medical Service Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies upon timely written request and direction of the Emergency Medical Service Assessment Coordinator.

ARTICLE III

COLLECTION AND USE OF EMERGENCY MEDICAL SERVICE ASSESSMENTS

SECTION 3.01 METHOD OF COLLECTION. The Emergency Medical Service Assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act. The Board shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required to collect the Emergency Medical Service Assessments on the same bill as ad valorem taxes.

SECTION 3.02 ALTERNATIVE METHOD OF COLLECTION. In lieu of utilizing the Uniform Assessment Collection Act, the County may elect the collect the Emergency Medical Service Assessments in accordance with the Section 3.02 hereof.

(A) Notice of the lien resulting from imposition of the Emergency Medical Service Assessment shall be recorded in the Official Records of the County.

(B) The County shall have the right to appoint or retain an agent to foreclose and collect all delinquent Emergency Medical Service Assessments in the manner provided by law. An Emergency Medical Service Assessment shall become delinquent if it is not paid within thirty (30) days from the date any installment is due. The County or its agent shall cause notice to be sent to any property owner who is delinquent in payment of his or her Emergency Medical Service Assessment installment within sixty (60) days from the date such installment was due. Such notice shall state in effect that the County or its agent shall initiate a foreclosure action within ninety (90) days of the date of the installment due date if it is not paid. Between the 75th and 90th day after the due date of the delinquent installment, the County or its agent may declare the entire unpaid balance of the delinquent Emergency Medical Service Assessment to be in default and cause such delinquent property to be foreclosed in the method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. Commencing on the 90th day after the due date of the delinquent installment, the County or its agent shall declare the entire unpaid balance of the Emergency Medical Service Assessment to be in default and cause the delinquent property to be foreclosed as described above. Any Board action required in the collection of Emergency Medical Service Assessments may be by resolution. All costs, fees and expenses, including reasonable attorney fees, related to any foreclosure action as described herein shall be included in any judgement or decree rendered therein. At the sale pursuant to decree in any such action, the County may be the purchaser to the same extent as an individual person or corporation.

SECTION 3.03 RESPONSIBILITY FOR ENFORCEMENT. It shall be the duty of the County and its agent, if any, to enforce the prompt collection of Emergency Medical Service Assessments by the means herein provided. The duties related to collection of Emergency Medical Service Assessments may be enforced at the suit of any holder of Obligations secured by such Emergency Medical Service Assessments in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

SECTION 3.04 USE OF MONIES.

(A) A separate account for funds collected hereunder shall be established and maintained separate and apart from all other accounts of the County. All funds received from Emergency Medical Service Assessments shall be deposited into such account immediately upon receipt by the County.

(B) The monies collected from Emergency Medical Service Assessment shall be used for funding the Emergency Medical Service cost.

ARTICLE IV

GENERAL PROVISIONS

SECTION 4.01 APPLICABILITY.

(A) This Ordinance shall be applicable throughout both the incorporated and unincorporated area of Gilchrist County.

(B) Nothing contained in this Ordinance shall be construed to require the imposition of Emergency Medical Service Assessments against property in public ownership or property the Board otherwise finds not to receive a special benefit from the provision of Emergency Medical services or facilities. However, in the instance when an assessment is not imposed against property in public ownership, the Board shall identify and fund the cost of Emergency Medical services and facilities for such property in public ownership through a source of funds other than the Emergency Medical Service Assessment.

SECTION 4.02 EXEMPTIONS. The Board hereby establishes the following exemptions to the application of the provisions of this ordinance:

(A) Exemption for Persons Unable to Reside at Home.

Those persons who are unable to reside in their homes, for medical reasons, and whose homes are unoccupied by reason of the homeowner living with relatives, friends, or residing in a nursing home or congregate living facility, may apply for exemption from the Emergency Medical Service Assessment. The application for exemption from the Emergency Medical Service Assessment must be submitted with appropriate proof, including a doctor's statement and evidence that the home is unoccupied and shall remain unoccupied, shall be required. The exemption must be applied for annually. A guardian, holder of a power of attorney or other person acting for and on behalf of the homeowner amy apply for an exemption with appropriate proof of authority to act.

(B) Exemption for Indigency.

Those persons who are indigent, meaning a person who, for the preceding twelve (12) months had an average family income which is below one hundred percent (100%) of the federal poverty level may apply for exemption from the Emergency Medical Service Assessment. The application must be presented with sufficient evidence of indigency.

(C) Structures Used for Storage.

Those non-commercial and non-agricultural buildings and mobile homes that are used for storage only may be exempt, by application, from the Emergency Medical Service Assessment. The application for exemption from the imposition of the Emergency Medical Service Assessment must be submitted with appropriate proof that the said building or mobile home is used for storage only and that the said structure is not used for a commercial or agricultural purpose. The exemption must be applied for annually. A guardian, holder of a power of attorney or other person acting for and on behalf of the property owner may apply for the exemption with appropriate proof of authority to act.

SECTION 4.03 APPLICATION FOR EXEMPTION. Any person applying for an exemption from the Emergency Medical Service Assessment, must present his or her application to the Tax Collector in writing on or before forty-five (45) days after the mailing of the Notice of Emergency Medical Service Assessment or the Notice of non-ad valorem assessment. The Tax Collector shall render a decision as to the granting of the exemption.

Any person aggrieved by the decision of the Tax Collector may petition for reconsideration with the Board by written petition for reconsideration with the Tax Collector on or before thirty (30) days after the rendering of the decision by the Tax Collector. The Board shall sit as an adjustment board and shall make such determinations as it deems just and appropriate.

All petitions or requests for reconsideration shall be heard and disposed of by the Board after due notice to the petitioners and within seventy-five (75) days after the filing of said petition for reconsideration.

SECTION 4.04 RESERVE FOR EXEMPTION. The Board shall reserve sufficient of the anticipated revenues from the Emergency Medical Service Assessment to provide for the exemptions authorized by this section.

SECTION 4.05 SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.

SECTION 4.06 ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof.

SECTION 4.07 EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board, and this Ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes.

DULY ENACTED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Burt presented a resolution for the Board's consideration, which sets an initial assessment amount for Emergency Medical Services. Following discussion, the Board unanimously approved the resolution, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush. The resolution follows:



RESOLUTION 93-21



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, OF AN INITIAL ASSESSMENT

RESOLUTION FOR IMPOSITION OF AN EMERGENCY MEDICAL

SERVICES ASSESSMENT.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida has adopted Ordinance No. 93-06 which requires owners of property to pay a non-ad valorem special assessment for the cost of providing emergency medical services; and

WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, by the adoption of said ordinance intends to use the Uniform Method for collecting non-ad valorem special assessments; and

WHEREAS, the said ordinance requires the passage of an initial assessment resolution.

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

I. DESCRIPTION OF EMERGENCY MEDICAL SERVICES AND FACILITIES:

The Emergency Medical services and facilities to be funded by the assessment include all operating costs and capital expenditures necessary to carry out the program.

II. METHOD OF APPORTIONING THE EMERGENCY MEDICAL SERVICES COST:

The method of apportioning the emergency medical cost to compute the Emergency Medical Assessment for specific properties is as follows:

Class A Properties: An annual assessment of $50.00 per unit shall be imposed upon all dwelling units, offices, barber and beauty shops, service stations, dentist and doctor offices and other light commercial properties. Lots or parcels having single dwelling units or family residences shall be assessed one unit for each residence or dwelling unit. Lots or parcels having multiple family residences or dwelling units shall be assessed a unit for each apartment or housing unit located thereof. Motels and improved overnight campground units (hereinafter referred to as temporary units) shall be assessed at $2.00 per unit. Lots or parcels used both for permanent residences and temporary units shall be assessed for the number of permanent units on the property plus the assessment for temporary units to be calculated as set forth above. Commercial lots or parcels shall be assessed one unit for each commercial business located on said property.

Class B Properties: Small restaurants, small grocery stores, small to medium manufacturing plants, and medium size commercial businesses, all defined as having less than 4000 square feet of floor space, shall be assessed annually an amount per unit not to exceed $75.00.

Class C Properties: Large restaurants, large grocery stores, supermarkets, large manufacturing plants and other large commercial enterprises, all defined as having 4000 or greater square feet of floor space, shall be assessed annually an amount per unit not to exceed $100.00.

Lots or parcels containing a mixture of different classes of property shall be assessed for the units of each class times the rate for that particular class plus the number of units of the other class times the rate applicable for that particular class (i.e. a parcel containing two (2) houses and two (2) large supermarkets shall be assessed 2 x the rate for Class A, plus 2 x the rate for Class C.

Vacation homes and second residences shall be assessed as all other residential units.

Nursing homes shall be assessed at the rate of $50.00 per licensed bed.

III. DESIGNATION OF A MAXIMUM ASSESSMENT RATE:

The maximum assessment rate shall be as hereinabove established. Specifically including the maximum rate for Class A property which shall be $50.00 per unit, for Class B property $75.00 per unit and Class C property $100.00 per unit. Moreover, nursing homes shall be assessed at the maximum rate of $50.00 per licensed bed.

IV. DIRECTIONS TO THE EMERGENCY MEDICAL ASSESSMENT COORDINATOR:

The Emergency Medical Assessment Coordinator is hereby directed to prepare the initial Emergency Medical Assessment Roll as required by Section 2.03 of Ordinance No. 93-06; to publish the notice required by Section 2.04 of Ordinance No. 93-06; and to mail the notice required by Section 2.05 of Ordinance No. 93-06.

V. EFFECTIVE DATE:

This resolution shall be effective upon adoption.

DULY ADOPTED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK





Mr. Burt presented a resolution for the Board's consideration, which designates the Clerk as the Emergency Medical Services Assessment Coordinator. The Board unanimously approved the resolution, following a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon. The resolution follows:



RESOLUTION 93-22



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, DESIGNATING EMERGENCY MEDICAL

ASSESSMENT COORDINATOR.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, adopted Ordinance No. 93-06 on July 19, 1993; and

WHEREAS, said Ordinance requires the designation of an Emergency Medical Service Assessment Coordinator; and

WHEREAS, Clerk to the Board has acted, in fact, as the Assessment Coordinator,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Gilchrist County, Florida that the Clerk to the Board is hereby designated as the Emergency Medical Service Assessment Coordinator as defined in Ordinance No. 93-06 and is authorized and directed to carry out the duties as the said Coordinator as set forth in said ordinance.

RESOLVED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



PUBLIC HEARING: SOLID WASTE UNIFORM METHOD OF COLLECTION



Mr. Burt presented an ordinance for the Board's consideration, which provides for the uniform method of collection for non-advalorem assessments. This method of collection would place the solid waste non-advalorem assessments on the same bill as the property taxes. Commissioner Suggs stated that she is opposed to this ordinance, for the same reasons she opposed the previously adopted ordinance, which provides for the same method of collection for Emergency Medical Services. The ordinance was adopted, by split vote, following a motion from Commissioner Cannon, seconded by Commissioner Bush:



Cannon- Yes

Bush- Yes

Sheffield- Yes

Wilkerson- Yes

Suggs- No



ORDINANCE 93-07



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, AMENDING AND REVISING PREVIOUS

ORDINANCES ESTABLISHING COUNTYWIDE SPECIAL ASSESSMENT FOR

PURPOSES OF LANDFILL CLOSURE AND SOLID WASTE COLLECTION

AND DISPOSAL, AND SOLID WASTE RECYCLING, AND PROVIDING

FOR DEFINITIONS; FINDINGS; GENERAL AUTHORITY; INITIAL

PROCEEDINGS; ASSESSMENT ROLL; NOTICE; ADOPTION AND EFFECT

OF FINAL RESOLUTION; LIEN OF ASSESSMENTS; PROCEDURAL

IRREGULARITIES; CORRECTIONS; METHOD OF COLLECTION; AL-

TERNATIVE METHOD OF COLLECTION; RESPONSIBILITY FOR EN-

FORCEMENT; EXEMPTIONS; USE OF MONIES; APPLICABILITY;

SEVERABILITY; ALTERNATIVE METHOD; AND EFFECTIVE DATE.



NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY:



ARTICLE I



INTRODUCTION



SECTION 1.01 CONFLICT. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION 1.02 DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires:

"Annual Rate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate at which the Solid Waste Assessments for a specific Fiscal Year will be computed.

"Assessable Property" means all parcels of land shown on the Tax Roll within the County.

"Assessment Roll" means a non-ad valorem assessment roll relating to solid waste costs, approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.

"Board" means the Board of County Commissioners of Gilchrist County, Florida.

"County" means Gilchrist County, Florida.

"Final Assessment Resolution" means the resolution described in Section 2.06 hereof which shall confirm or deny the Initial Assessment Resolution and which shall be the final proceeding for the imposition of a Solid Waste Assessment.

"Fiscal Year" means that period beginning October 1st of each year and ending on the 30th day of September of the subsequent year.

"Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the imposition of a Solid Waste Assessment.

"Maximum Assessment Rate" means the maximum rate of assessment established by the Final Assessment Resolution for solid waste facilities and services.

"Obligations" means bonds, notes, commercial paper, capital leases or any other obligations of the County issued or incurred to finance any portion of the provision of solid waste services or facilities.

"Ordinance" means this Solid Waste Assessment Ordinance.

"Owner" shall mean the Person owning assessable property.

"Person" means any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require.

"Property Appraiser" means the Property Appraiser of the County.

"Solid Waste Assessment" means a non-ad valorem assessment lawfully imposed by the County against Assessable Property to pay all or any portion of the Solid Waste Cost.

"Solid Waste Assessment Coordinator" means the person designated by the County to administer the Solid Waste Assessment program, or such person's designee.

"Solid Waste Cost" means the amount necessary in any Fiscal Year to fund Solid Waste Collection disposal and recycling, services, facilities or obligations which benefit Assessable Property, and shall include, but not be limited to, (A) the cost of physical construction, reconstruction or completion of any facility, (B) the costs of acquisition or purchase, (C) the cost of all labor, materials, machinery and equipment, (D) the cost of fuel, parts, supplies, maintenance, repairs and utilities, (E) the cost of computer services, data processing and communications, (F) the cost of all lands and interest therein, leases, property rights, easements and franchises of any nature whatsoever, (G) the cost of any indemnity or surety bonds and premiums for insurance, (H) interest prior to and during construction, for such period of time after completion of the construction or acquisition of any facility as the Board deems appropriate, and for such period of time after the issuance of Obligations as may be necessary to collect the initial annual installment or assessment, (I) the cost of salaries, volunteer pay, workers' compensation insurance or other employment benefits, (J) the cost of uniforms, training, travel and per diem, (K) amounts necessary to pay redemption premiums or other costs associated with the early retirement of Obligations, (L) the creation of reserve or debt service funds, (M) costs and expenses related to the issuance of Obligations, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on Obligations held by the issuer of such liquidity facility or credit facility, (N) the cost of construction plans and specifications, surveys and estimates of costs, (O) the cost of engineering, financial, legal and other professional services, (P) all costs associated with the structure, implementation, collection and enforcement of Solid Waste Assessments, including any service charges of the Clerk, Tax Collector or Property Appraiser and amounts necessary to off-set discounts received for early payment of Solid Waste Assessments pursuant to applicable law and (Q) all other costs and expenses properly attributable to Solid Waste related services or the use, acquisition or construction of Solid Waste related equipment or facilities, including landfill closure and monitoring expenses and such other expenses as may be necessary or incidental to any related financing authorized by the Board or this Ordinance, including a reasonable contingency amount, and including reimbursement of the County or any other person, firm or corporation for any moneys advanced for any costs incurred by the County or such person, firm or corporation in connection with any of the foregoing items of cost.

"Tax Account" means a separate record or file created by the Property Appraiser in preparation of the Tax Roll, which includes a description of one or more parcels of real property under common ownership and identified by a unique number based on a parcel numbering system applied uniformly throughout the County.

"Tax Collector" means the Tax Collector of the County.

"Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.

"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessment on the same bill as ad valorem taxes.

SECTION 1.03 INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", and "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.

SECTION 1.04 FINDINGS. It is hereby ascertained, determined and declared that:

(A) Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, and Chapter 403, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances.

(B) Assessable Property will derive special and peculiar benefits from the levy of the Solid Waste Assessment, resulting in, among other things, protection of public safety, enhancement of business property and better service to landowners and tenants.

Solid waste disposal is an essential service to the citizens of the county. Without appropriate disposal, the basic natural resources, including water and air, are endangered.

Inappropriate disposal threatens the health and safety of all citizens and may render property unsuitable for human and animal habitation.

(C) The imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning the Solid Waste Cost among the Assessable Property.

(D) The annual Solid Waste Assessment to be imposed pursuant to this Ordinance will constitute a non-ad valorem assessment within the meaning and intent of the Uniform Assessment Collection Act.

(E) The Solid Waste Assessment to be imposed pursuant to this Ordinance is imposed by the Board, not the Property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the Uniform Assessment Collection Act are ministerial.

ARTICLE II



SOLID WASTE ASSESSMENTS

SECTION 2.01 GENERAL AUTHORITY.

(A) The Board is hereby authorized to impose Solid Waste Assessments against all Assessable Property within the unincorporated area of the County at a rate of assessment based on the special benefit accruing to such property from the County's provision of Solid Waste services and facilities. Solid Waste Assessment shall be imposed in conformity with the procedures set forth in this Article II.

(B) The amount of the Solid Waste Assessment imposed each Fiscal Year against each lot or parcel of Assessable Property shall be based upon (1) classifications of property reasonably related to the demand for Solid Waste services and facilities, (2) any other factor reasonably related to the demand or necessity of Solid Waste services and facilities, or (3) any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the Solid Waste Assessment shall result in a rate of assessment not in excess of the special benefit accruing to such lot or parcel of Assessable Property.

SECTION 2.02 INITIAL PROCEEDINGS. The initial proceeding for imposition of the Solid Waste Assessment Resolution (A) containing a brief and general description of the Solid Waste services and facilities to be provided, (B) describing the method of apportioning the Solid Waste Cost to compute the Solid Waste Assessment for specific properties, (C) designating a Maximum Assessment Rate and (D) directing the Solid Waste Assessment Coordinator to (1) prepare the initial Solid Waste Assessment Roll, as required by Section 2.03 hereof, (2) publish the notice required by Section 2.04 hereof, and (3) mail the notice required by Section 2.05 hereof.

SECTION 2.03 SOLID WASTE ASSESSMENT ROLL. The Solid Waste Assessment Coordinator shall prepare, or cause to be prepared, the initial Solid Waste Assessment Roll, which Roll shall contain the following:

(A) A summary description of all Assessable Property conforming to the description contained on the Tax Roll.

(B) The name of the Owner of record of each lot or parcel of Assessable Property as shown on the Tax Roll.

(C) The amount of the initial Solid Waste Assessment to be imposed against each such lot or parcel of Assessable Property.

The initial Solid Waste Assessment Roll shall be retained by the Solid Waste Assessment Coordinator and shall be open to public inspection. The foregoing shall not be construed to require that the Solid Waste Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by use of a computer terminal available to the public.

SECTION 2.04 NOTICE OF PUBLICATION. The Solid Waste Assessment Coordinator, upon completion of the initial Solid Waste Assessment Roll, shall publish once in a newspaper of general circulation, published and circulating in the County, a notice stating that at a meeting of the Board on a certain day and hour, not earlier than twenty (20) calendar days from such publication, which meeting shall be a regular, adjourned or special meeting, the Board will hear objections of all interested persons to the Solid Waste Resolution which shall establish the Maximum Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Solid Waste Assessment, (B) a brief and general description of the Solid Waste Assessment, (C) the Maximum Assessment Rate, (D) the procedure for objecting provided in Section 2.06 hereof, (E) the method by which the Solid Waste Assessments will be collected, and (F) a statement that the initial Solid Waste Assessment Roll is available for inspection at the office of the Solid Waste Coordinator and all interested persons may ascertain the amount to be assessed against a lot or parcel of Assessable Property at the office of the Solid Waste Coordinator.

SECTION 2.05 NOTICE BY MAIL. In addition to the published notice required by Section 2.04, but only for the first Fiscal Year in which a Solid Waste Assessment is imposed against Assessable Property, the Solid Waste Coordinator shall provide notice by first class mail to each Owner proposed to be assessed. Such notice shall include (A) the purpose of the Solid Waste Assessment, (B) the total amount to be levied against each parcel of property, (C) the unit of measurement applied to determine the Solid Waste Assessment, (D) the number of such units contained in each parcel of property, (E) the total revenue to be collected by the County from the Solid Waste Assessments, (F) a statement that failure to pay the Solid Waste Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property, (G) a statement that all affected Owners have a right to appear at the hearing and to file written objections with the Board within (20) days of the notice, and (H) the date, time, and place of the hearing. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least twenty (20) calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The Solid Waste Assessment Coordinator may provide proof of such notice by affidavit.

SECTION 2.06 ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the time named in such notice or to which an adjournment or continuance may to taken by the Board, the Board shall receive any written objections of interested persons and may then or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall (A) repeal or confirm the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (B) establish the Maximum Assessment Rate and set the initial rate of assessment; and (C) approve the initial Solid Waste Assessment Roll, with such amendments as it deems just and right. All parcels assessed shall derive a special benefit from Solid Waste services and facilities and the Solid Waste Assessment shall be fairly and reasonably apportioned between the properties that receive the special benefit. All objections to the Final Assessment Resolution shall be made in writing, and filed with the Solid Waste Assessment Coordinator at or before the time or adjourned time of such meeting.

SECTION 2.07 EFFECT OF FINAL ASSESSMENT RESOLUTION. The Solid Waste Assessments for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of apportionment, the Maximum Assessment Rate, the initial rate of assessment, the initial Solid Waste Assessment Roll and the levy and lien of the Solid Waste Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief with twenty (20) days from the date of Board action on the Final Assessment Resolution. The initial Solid Waste Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, or such other official as the Board, by resolution, deems appropriate.

SECTION 2.08 ADOPTION OF ANNUAL RATE RESOLUTION. The Board shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which assessments for Solid Waste Collection and Disposal are imposed hereunder. The Annual Rate Resolution shall approve the Solid Waste Assessment Roll for the upcoming Fiscal Year. The Solid Waste Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Final Assessment Resolution. If for any Fiscal Year (A) the proposed rate of assessment exceeds the Maximum Assessment Rate included in any notice previously provided to the Owners of Assessable property pursuant to Sections 2.04 and 2.05 hereof or (B) the method of apportionment is changed from that represented by any notice previously provided to the Owners Assessable Property pursuant to Section 2.04 and 2.05 hereof, the Annual Rate Resolution for such Fiscal Year shall not be adopted prior to a public hearing on the rate of assessment, for which notice is provided by publication and first class mail in substantially the manner set forth in Section 2.04 and 2.05 hereof. The Solid Waste Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Solid Waste Assessments, such other official as the Board by resolution shall designate. If the Solid Waste Assessment against any property shall be sustained or reduced or abated by the court, ad adjustment shall be made on the Solid Waste Assessment Roll.

SECTION 2.09 LIEN OF SOLID WASTE ASSESSMENTS. All Solid Waste Assessments shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.

SECTION 2.10 PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Solid Waste Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Assessment was duly levied, that the Solid Waste Assessment was duly made and adopted, and that all other proceedings adequate to such Solid Waste Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section, any partly objecting to a Solid Waste Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein.

SECTION 2.00 CORRECTION OF ERRORS AND OMISSIONS.

(A) No act of error or omission on the part of the Property Appraiser, Tax Collector, Solid Waste Assessment Coordinator, Board or their deputies or employees, shall operate to release or discharge any obligation for payment of a Solid Waste Assessment imposed by the Board under the provision of this Ordinance.

(B) When it shall appear that any Solid Waste Assessment should have been imposed under this Ordinance against a lot or parcel of property specially benefitted by the provision of Solid Waste disposal or collection facilities and services, but that such property was omitted from the Solid Waste Assessment Roll, the Board may, upon provision of appropriate notice as set forth in this Article II, impose the applicable Solid Waste Assessment for the Fiscal Year in which such error is discovered, in addition to the applicable Solid Waste Assessment due for the prior (2) Fiscal Years. Such total Solid Waste Assessments shall become delinquent if not fully paid upon the expiration of ninety (90) days from the date of the adoption of said resolution. The Solid Waste Assessment so imposed shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and may be collected as provided in Article III hereof.

(C) The Solid Waste Assessment Coordinator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to a Solid Waste Assessment, to correct any error in applying the Solid Waste Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the Solid Waste Assessment Coordinator and not the Property Appraiser or Tax Collector.

(D) After the Solid Waste Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies upon timely written request and direction of the Solid Waste Assessment Coordinator.



ARTICLE III

COLLECTION AND USE OF SOLID WASTE ASSESSMENTS

SECTION 3.01 METHOD OF COLLECTION. The Solid Waste Assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act. The Board shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required to collect the Solid Waste Assessments on the same bill as ad valorem taxes.

SECTION 3.02 ALTERNATIVE METHOD OF COLLECTION. In lieu of utilizing the Uniform Assessment Collection Act, the County may elect to collect the Solid Waste Assessments in accordance with the Section 3.02 hereof.

(A) Notice of the lien resulting from imposition of the Solid Waste Assessment shall be recorded in the Official Records of the County.

(B) The County shall have the right to appoint or retain an agent to foreclose and collect all delinquent Solid Waste Assessments in the manner provided by law. A Solid Waste Assessment shall become delinquent if it is not paid within thirty (30) days from the date any installment is due. The County or its agent shall cause notice to be sent to any property owner who is delinquent in payment of his or her Solid Waste Assessment installment within sixty (60) days from the date such installment was due. Such notice shall state in effect that the County or its agent shall initiate a foreclosure action within ninety (90) days of the date of the installment due date if it is not paid. Between the 75th and 90th day after the due date of the delinquent installment, the County or its agent may declare the entire unpaid balance of the delinquent Solid Waste Assessment to be in default and cause such delinquent property to be foreclosed in the method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. Commencing on the 90th day after the due date of the delinquent installment, the County or its agent shall declare the entire unpaid balance of the Solid Waste Assessment to be in default and cause the delinquent property to be foreclosed as described above. Any Board action required in the collection of Solid Waste Assessments may be by resolution. All costs, fees and expenses, including reasonable attorney fees, related to any foreclosure action as described herein shall be included in any judgement or decree rendered therein. At the sale pursuant to decree in any such action, the County may be the purchaser to the same extent as an individual person or corporation.

SECTION 3.03 RESPONSIBILITY FOR ENFORCEMENT. It shall be the duty of the County and its agent, if any, to enforce the prompt collection of Solid Waste Assessments by the means herein provided. The duties related to collection of Solid Waste Assessments may be enforced at the suit of any holder of Obligations secured by such Solid Waste Assessments in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

SECTION 3.04 USE OF MONIES.

(A) A separate account for funds collected hereunder shall be established and maintained separate and apart from all other accounts of the County. All funds received from Solid Waste Assessments shall be deposited into such account immediately upon receipt by the County.

(B) The monies collected from Solid Waste Assessment shall be used for funding the Solid Waste Disposal and Collection costs including cost of recycling solid waste.

ARTICLE IV

GENERAL PROVISIONS

SECTION 4.01 APPLICABILITY.

(A) This Ordinance shall be applicable throughout both the incorporated and unincorporated area of Gilchrist County.

(B) Nothing contained in this Ordinance shall be construed to require the imposition of Solid Waste Assessments against property in public ownership or property the Board otherwise finds not to receive a special benefit from the provision of solid waste services or facilities. However, in the instance when an assessment is not imposed against property in public ownership, the Board shall identify and fund the cost of solid waste services and facilities for such property in public ownership through a source of funds other than the Solid Waste Assessment.

SECTION 4.02 EXEMPTIONS. The Board hereby establishes the following exemptions to the application of this ordinance:

(A) Exemption for Persons Unable to Reside at Home.

Those persons who are unable to reside in their homes, for medical reasons, and whose homes are unoccupied by reason of the homeowner living with relatives, friends, or residing in a nursing home or congregate living facility, may apply for exemption from the Solid Waste Assessment. The application for exemption from the Solid Waste Assessment must be submitted with appropriate proof, including doctor's statements and evidence that the home is unoccupied and shall remain unoccupied, shall be required. The exemption must be applied for annually. A guardian, holder of a power of attorney or other person acting for and on behalf of the homeowner may apply for an exemption with appropriate proof of authority to act.

(B) Exemption for Indigency.

Those persons who are indigent, meaning a person who, for the preceding twelve (12) months had a average family income which is below one hundred percent (100%) of the federal poverty level may apply for exemption from the Solid Waste Assessment. The application must be presented with sufficient evidence of indigency.

(C) Structures Used for Storage.

Those non-commercial and non-agricultural buildings and mobile homes that are used for storage only may be exempt, by application, from the Solid Waste Assessment. The application for exemption from the imposition of the Solid Waste Assessment must be submitted with appropriate proof that the said building or mobile home is used for storage only and that the said structure is not used for a commercial or agricultural purpose. The exemption must be applied for annually. A guardian, holder of a power of attorney, or other person acting for and on behalf of the property owner may apply for the exemption with appropriate proof of authority to act.

SECTION 4.03 APPLICATION FOR EXEMPTION. Any person applying for an exemption from the Solid Waste Assessments, must present his or her application to the Tax Collector in writing on or before forty-five (45) days after the mailing of the Notice of Solid Waste Assessment or the non-ad valorem assessment. The Tax Collector shall render a decision as to the granting of the exemption.

Any person aggrieved by the decision of the Tax Collector may petition for reconsideration with the Board of County Commissioners by written petition for reconsideration with the Tax Collector on or before thirty (30) days after the rendering of the decision by the Tax Collector. The Gilchrist County Board of County Commissioners shall sit as an adjustment board and shall make such determinations as it deems just and appropriate.

All petitions or requests for reconsideration shall be heard and disposed of by the Board after due notice to the petitioners and within seventy-five (75) days after the filing of said petition for reconsideration.

SECTION 4.04 RESERVE FOR EXEMPTION. The Board shall reserve sufficient of the anticipate revenues from the Solid Waste Assessment to provide for the exemptions authorized by this section.

SECTION 4.05 SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.

SECTION 4.06 ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof.

SECTION 4.07 EFFECTIVE DATE. A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board, and this Ordinance shall take effect upon receipt of official acknowledgement of filing as provided in Section 125.66(2), Florida Statutes.

DULY ENACTED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Burt presented a resolution for the Board's consideration which establishes the initial assessment fee for solid waste services and facilities. The Board unanimously approved the resolution, following a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon. The resolution follows:



RESOLUTION 93-23



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, OF AN INITIAL ASSESSMENT

RESOLUTION FOR IMPOSITION OF A SOLID WASTE ASSESSMENT.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida has adopted Ordinance No. 93-07 which requires owners of property to pay a non-ad valorem special assessment for the cost of providing solid waste collection, disposal and recycling services; and

WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, by the adoption of said ordinance intends to use the Uniform Method for collecting non-ad valorem special assessments; and

WHEREAS, the said ordinance requires the passage of an initial assessment resolution.

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

I. DESCRIPTION OF SOLID WASTE SERVICES AND FACILITIES:

The Solid Waste services and facilities to be funded by the assessment include any and all costs relating to the collection of solid waste, the disposal of solid waste and the recycling of slid waste where appropriate and feasible, specifically including all operating costs and capital expenditures necessary to carry out the program.

II. METHOD OF APPORTIONING THE SOLID WASTE COST:

The method of apportioning the solid waste cost to compute the Solid Waste Assessment for specific properties is as follows:

Class A Properties: An annual assessment of $58.00 per unit shall be imposed upon all dwelling units, offices, barber and beauty shops, service stations, dentist and doctor offices and other light commercial properties. Lots or parcels having single dwelling units or family residences shall be assessed one unit for each residence or dwelling unit. Lots or parcels having multiple family residences or dwelling units shall be assessed a unit for each apartment or housing unit located thereof. Motels and improved overnight campground units (hereinafter referred to as temporary units) shall be assessed at $2.50 per unit. Lots or parcels used both for permanent residences and temporary units shall be assessed for the number of permanent units on the property plus the assessment for temporary units to be calculated as set forth above. Commercial lots or parcels shall be assessed one unit for each commercial business located on said property.

Class B Properties: Small restaurants, small grocery stores, small to medium manufacturing plants, and medium size commercial businesses, all defined as having less than 4000 square feet of floor space, shall be assessed annually an amount per unit not to exceed $87.00.

Class C Properties: Large restaurants, large grocery stores, supermarkets, large manufacturing plants and other large commercial enterprises, all defined as having 4000 or greater square feet of floor space, shall be assessed annually an amount per unit not to exceed $116.00.

Lots or parcels containing a mixture of different classes of property shall be assessed for the units of each class times the rate for that particular class plus the number of units of the other class times the rate applicable for that particular class (i.e. a parcel containing two (2) houses and two (2) large supermarkets shall be assessed 2 x the rate for Class A, plus 2 x the rate for Class C).

Vacation homes and second residences shall be assessed as all other residential units.

Nursing homes shall be assessed at the rate of $1.00 per licensed bed.

III. DESIGNATION OF A MAXIMUM ASSESSMENT RATE:

The maximum assessment rate shall be as hereinabove established. Specifically including the maximum rate for Class A property which shall be $58.00 per unit, for Class B property $87.00 per unit and Class C property $116.00 per unit. Moreover, nursing homes shall be assessed at the maximum rate of $1.00 per licensed bed.

IV. DIRECTIONS TO THE SOLID WASTE ASSESSMENT COORDINATOR:

The Solid Waste Assessment Coordinator is hereby directed to prepare the initial Solid Waste Assessment Roll as required by Section 2.03 or Ordinance No. 93-07; to publish the notice required by Section 2.04 of Ordinance No. 93-07; and to mail the notice required by Section 2.05 of Ordinance No. 93-07.

V. EFFECTIVE DATE:

This resolution shall be effective upon adoption.

DULY ADOPTED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Burt presented a resolution for the Board's consideration, which designates the Clerk as the Solid Waste Assessment Coordinator. The Board unanimously approved the resolution, following a motion from Commissioner Sheffield, which was seconded by Commissioner Suggs. The resolution follows:



RESOLUTION 93-24



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, DESIGNATING SOLID WASTE

ASSESSMENT COORDINATOR.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, adopted Ordinance No. 93-07 on July 19, 1993; and

WHEREAS, said Ordinance requires the designation of a Solid Waste Assessment Coordinator; and

WHEREAS, Clerk to the Board has acted, in fact, as the Assessment Coordinator.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Gilchrist County, Florida that the Clerk to the Board is hereby designated as the Solid Waste Assessment Coordinator as defined in Ordinance No. 93-07 and is authorized and directed to carry out the duties as the said Coordinator as set forth in said ordinance.

RESOLVED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



The Board recessed for lunch and reconvened at 1:05 p.m.







CLERK'S REPORT



Mr. Barron stated that he has received a request for office space from the Marine Recruiter, from Gainesville. They are hoping to open an office in Trenton, to service this area. The Board suggested they use the upstairs section of the courthouse annex building. Mr. Barron replied he would offer this office to them.



Mr. Barron reported that he had been contacted by Mr. Thomas, School Superintendent, regarding the county's billing for the work performed at the school track by the county road department. Mr. Thomas stated that their costs have gone over budget and requests assistance from the county, by having the charges reduced. A discussion followed, with Mr. Barron explaining that they have already paid part of the bill, and charges on the bill include labor, fuel, and equipment rental. The Board agreed that the labor and fuel must be recovered, however, they will eliminate the equipment rental for this project, however, any future projects will include all the costs mentioned above. Mr. Barron stated that the fuel cost could equal $12.00 per hour. Commissioner Suggs made a motion, seconded by Commissioner Bush, to charge the School Board $12 per hour on this project, and to send the School Board a letter stating that all costs will be billed in the future. The motion carried unanimously.



Mr. Barron presented a request from the Tax Collector for reimbursement from the Board for dishonored checks received in his office for 1992 property taxes, in the amount of $495.63. The Board unanimously approved the request following a motion from Commissioner Sheffield, seconded by Commissioner Bush.



Mr. Barron reviewed the Certification of Taxable Value, produced by the Property Appraiser. The Board unanimously approved the tentative millage to be certified to the Property Appraiser at 10 mills for the General Fund and .50 mills for the MSTU (for fire service) and set the Public Hearing on the tentative millage rate and budgets for September 14th at 7:30 p.m., in Trenton, at the County Commissioner's Meeting Room, in the Gilchrist County Courthouse, upon a motion from Commissioner Bush, which was seconded by Commissioner Suggs.



Mr. Barron presented the Board with the budget requests for fiscal year 1993-94, from the various departments, agencies, and elected officials. Mr. Barron briefly reviewed these budgets with the Board, stating that workshops will need to be set before leaving today.



PUBLIC HEARING: PROPOSED RADIO TOWER- HARVEY BUDD



Mr. Burt stated that according to the newly adopted Land Development Regulations, whenever someone desires to install a radio tower, a special permit is required to be issued by the Board of County Commissioners. Mr. Harvey Budd is seeking a permit to establish a radio station, which would be located approximately 1/4 mile south of Ginnie Springs Road. Mr. Burt stated that he had prepared a resolution which would grant a special permit for this purpose, if the Board so chooses. The Board unanimously approved the special permit, by resolution, following a motion from Commissioner Sheffield, which was seconded by Commissioner Bush. The resolution follows:



RESOLUTION NO. 93-25



A RESOLUTION GRANT SPECIAL PERMIT FOR A RADIO TOWER.



WHEREAS, the Gilchrist County Board of County Commissioners adopted its land development regulations on or about April 18, 1993, and

WHEREAS, Section 14.11 entitled "Special Permits for Essential Services", said land development regulations requires a special permit be granted by the Board of County Commissioners in accordance with certain criteria; and

WHEREAS, Newberry Broadcasting Corporation has applied for a special permit to construct a radio tower on the following described real property:

The Northeast corner of the North Half of the Northeast

Quarter of Section 9, Township 8 South, Range 16 East,

approximately 1150 feet South of County Road 340,

approximately 3 miles West of the Gilchrist/Alachua

County line at latitude 29 degrees 48 minutes 42 seconds

and longitude 82 degrees 42 minutes 31 seconds, all

lying and being in Gilchrist County, Florida; and



WHEREAS, a public hearing on the said application was published in accordance with County regulation; and

WHEREAS, there has been a showing of the need for the services of a radio tower in the requested location and that it is in the public interest that such a special permit be granted and that the granting of such a special permit would be in compliance with other provisions of the land development regulation.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that a special permit be granted for the construction of a radio tower on the above described property in accordance with the application for the special permit for said radio tower.

RESOLVED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



PUBLIC HEARING: REPEAL ORDINANCE 82-06



Mr. Burt presented an ordinance for the Board's consideration, which would repeal ordinance 82-06. Ordinance 82-06 established fees for non-emergency medical transportation. Upon a motion from Commissioner Suggs, seconded by Commissioner Cannon, the Board unanimously agreed to repeal ordinance 82-06, by adoption of the following ordinance:



ORDINANCE 93-08



AN ORDINANCE OF GILCHRIST COUNTY RESCINDING ORDINANCE NO.

82-06, KNOWN AS THE GILCHRIST COUNTY NON-EMERGENCY MEDICAL

TRANSPORTATION SERVICE ORDINANCE; PROVIDING AN EFFECTIVE

DATE.



WHEREAS, the Gilchrist County Board of County Commissioners enacted Ordinance No. 82-06, known as the Gilchrist county Non-Emergency Medical Transportation Service Ordinance; and

WHEREAS, the Ordinance provided for the licensure by Gilchrist County of entities involved in Non-Emergency Medical Transportation Services; and

WHEREAS, there now exists another agency which regulates the Non-Emergency Medical Transportation Services industry;

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

Section 1. Ordinance No. 82-06, known as the Gilchrist County Non-Emergency Medical Transportation Service Ordinance, is hereby rescinded.

Section 2. This Ordinance shall take effect upon return of receipt from the office of the Secretary of State of the State of Florida of the filing of the said Ordinance.

ORDAINED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Barron stated that he had received a call from John Durst regarding the poor service from Suwannee Cable TV, which provides cable service to Fanning Springs. The Board requested Mr. Burt to look into the possibility of the county starting a franchise system for cable television service.



Commissioner Bush discussed the meeting that he, Commissioner Cannon, and Chairman Wilkerson attended regarding the proposed landfill site in Lafayette County. According to the commissioners, most of the people in attendance were opposed to the landfill site. The Board adopted a resolution objecting to the placement of a landfill in southeastern Lafayette County, upon a motion from Commissioner Bush, which was seconded by Commissioner Sheffield. The resolution follows:



RESOLUTION NO. 93-26



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS OBJECTING TO THE PLACEMENT OF A LANDFILL

IN SOUTHEASTERN LAFAYETTE COUNTY, FLORIDA.



WHEREAS, Gilchrist County is a political subdivision of the State of Florida; and

WHEREAS, the Lafayette County Board of County Commissioners has apparently granted a zoning change for the placement of a landfill in the Southeastern Quadrant of Lafayette County, Florida; and

WHEREAS, the placement of a landfill at that site may have a negative impact not only on the Suwannee River but also on Gilchrist County, Florida;

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Gilchrist County, Florida, urge the Lafayette County Board of County Commissioners to re-evaluate the potential placement of the landfill at that particular site in the Southeastern portion of Lafayette County, Florida; and

BE IT FURTHER RESOLVED, that the Department of Environmental Regulation and any other state agency be placed on notice of the objection of Gilchrist County to the permitting of a landfill at that particular site in Lafayette County, Florida, because of its negative impact on Gilchrist County and the Suwannee River.

RESOLVED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



Mr. Barron spoke to the Board regarding the Wannee boat ramp. He has received complaints about the ramp, which was recently repaired by the Game & Fish Commissioner. According to the information Mr. Barron received, there is no bumper on the ramp, and a drop off of about 20 feet at the end. He has reported the condition to the Game & Fish Commission and they are to get back in touch with him.



Mr. Barron questioned Commissioner Bush about the preliminary plat approval on The Haven. The Board had tabled this item so that Commissioner Bush could look at the proposed plat and make a decision. Commissioner Bush stated that the owner has decided to withdraw the preliminary plat.



Mr. Barron presented a resolution for the Board's consideration, from the North Central Florida Regional Planning Council. This resolution would amend the interlocal agreement between various north central Florida counties, and the Planning Council, relative to changing the composition and appointment of Florida's Suwannee Valley Private Industry Council. The Board unanimously approved the resolution, following a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield. The resolution follows:



RESOLUTION 93-27



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

OF GILCHRIST, FLORIDA AMENDING THE INTERLOCAL AGREE-

MENT CREATING THE FLORIDA'S SUWANNEE VALLEY JOB

TRAINING CONSORTIUM AND THE FLORIDA'S SUWANNEE

VALLEY PRIVATE INDUSTRY COUNCIL RELATIVE TO COMPO-

SITION OF AND NOMINATIONS FOR MEMBERSHIP ON THE

FLORIDA SUWANNEE VALLEY PRIVATE INDUSTRY COUNCIL;

PROVIDING AN EFFECTIVE DATE.



WHEREAS, by Resolution adopted on this 4th day of April, 1983, the Board of County Commissioners of Gilchrist County, Florida approved the Interlocal Agreement creating what are known as the Florida's Suwannee Valley Job Training Consortium and the Florida's Suwannee Valley Private Industry Council; and

WHEREAS, the Interlocal Agreement was also approved by the Boards of County Commissioners in Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, Taylor, and Union Counties; and

WHEREAS, the above-named counties desire to amend the Interlocal Agreement relative to composition of and membership in the Florida's Suwannee Valley Private Industry Council;

NOW THEREFORE, be it resolved by the Board of County Commissioners of Gilchrist County, Florida:

1. That the Interlocal Agreement creating the Florida's Suwannee Valley Job Training Consortium and the Florida's Suwannee Valley Private Industry Council shall be amended to change section 8, Establishment, Composition and Appointment of Florida's Suwannee Valley Private Industry Council in the following manner:

8. Establishment, Composition, and Appointment of Florida's Suwannee Valley Private Industry Council.

There is hereby established a Private Industry Council, which shall be constituted in accordance with the requirements of Section 102 of Title 1 of the JTPA as amended in 1992 and this Section 8 of this Agreement (hereinafter called the "Florida's Suwannee Valley Private Industry Council"). The amended number of members of the Florida's Suwannee Valley Private Industry Council shall be twenty-nine (29). Thereafter, the number of members of the Florida's Suwannee Valley Private Industry Council shall be determined by the Florida's Suwannee Valley Private Industry Council.

Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Terms of Florida's Suwannee Valley Private Industry Council members shall be three (3) years. Any vacancy in the membership of the Florida's Suwannee Valley Private Industry Council shall be filled in the same manner as the original appointment. Any member of the Florida's Suwannee Valley Private Industry Council may be removed for cause in accordance with procedures established by the Florida's Suwannee Valley Private Industry Council.

A majority of the Florida's Suwannee Valley Private Industry Council shall be representatives of the private sector, who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector executives who have substantial management or policy responsibility.

Private sector nominations, and the individuals selected by the Florida's Suwannee Valley Job Training Consortium from such nominations, shall reasonably represent the industrial and demographic composition of the business community. Whenever possible, at least one-half of such business and industry representatives shall be representatives of small business and industry representatives shall be representatives of small business (500 employees or less), including minority business. The Chairman of the Florida's Suwannee Valley Private Industry Council shall be selected from among members of the Florida's Suwannee Valley Private Industry Council who are representatives of the private sector.

The private sector representatives on the Florida's Suwannee Valley Private Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the individuals nominated by the following general purpose business organizations, except that the nominating Chamber will be notified that if sufficient nominations to fill the seat are not submitted within 90 days of request for nominations, the seat will become open to nominations coming from all other Chambers within the Service Delivery Area who make nominations to Private Sector seats. Also, any Chamber in Alachua County may make nominations to fill any Private Sector seat vacancy in Alachua County as soon as such a vacancy occurs. Alachua Chamber of Commerce (two (2) nominees), Gainesville Area Chamber of Commerce (two (2) nominees), Hawthorne Chamber of Commerce (two (2) nominees), High Springs Chamber of Commerce (two (2) nominees), Newberry Chamber of Commerce (two (2) nominees), Starke/Bradford Chamber of Commerce (two (2) nominees), Lake City/Columbia County Chamber of Commerce (six (6) nominees), Dixie County Chamber of Commerce (two (2) nominees), Gilchrist County Chamber of Commerce (two (2) nominees), Hamilton County Chamber of Commerce (two (2) nominees), Lafayette County Chamber of Commerce (two (2) nominees), Greater Madison County Chamber of Commerce (two (2) nominees), Suwannee County Chamber of Commerce (four (4) nominees), Perry/Taylor County Chamber of Commerce (two (2) nominees), and Union County Chamber of Commerce (two (2) nominees), after consulting with, and receiving recommendations from other business organizations in their county. The number of such nominations by these organizations is two hundred (200) percent of the number of individuals to be appointed by the Florida's Suwannee Valley Job Training Consortium from their county identified in Section 8 of this Agreement. In addition, any general purpose business organization requested to make more than two (2) nominations shall include minority business nominees to their nominations and all other general business organizations requested to make two (2) or less nominations shall be encouraged to include minority business nominees to their nominations.

The higher education representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the four (4) individuals nominated by the following higher education agencies: University of Florida (one (1) nominee), Lake City Community College (one (1) nominee), North Florida Junior College (one (1) nominee), and Santa Fe Community College (one (1) nominee).

Beginning July 1, 1993, the local/vocational education representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from eleven (11) individuals nominated one each from the eleven school superintendents within the Service Delivery Area as follows: Alachua County School District Superintendent (one (1) nominee), Bradford County School District Superintendent (one (1) nominee), Columbia County School District Superintendent (one (1) nominee), Dixie County School District Superintendent (one (1) nominee), Gilchrist County School District Superintendent (one (1) nominee), Hamilton County School District Superintendent (one (1) nominee), Lafayette County School District Superintendent (one (1) nominee), Madison County School District Superintendent (one (1) nominee), Suwannee County School District Superintendent (one (1) nominee), Taylor County School District Superintendent (one (1) nominee), and Union County School District Superintendent (one (1) nominee).

Beginning July, 1, 1993, the two (2) Labor representatives on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the individuals nominated by the following local labor organization: North Central Florida Central Labor Council (four (4) nominees).

Beginning July 1, 1993, the three (3) Community Based Organization representatives on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the nominations submitted by Community Based Organizations (as defined in Section 4(5) of the Act) in the Service Delivery Area interested in making nominations for any or all three Private Industry Council Community Based Organization seats.

The economic development agency representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the fourteen (14) individuals nominated by the following economic development agencies: Bradford County Industrial Development Authority (one (1) nominee), Columbia County Industrial Development Authority (one (1) nominee), Gilchrist County Industrial Development Authority (one (1) nominee), Hamilton County Industrial Development Authority (one (1) nominee), Lafayette County Industrial Development Authority (one (1) nominee), Madison County Industrial Development Authority (one (1) nominee), Suwannee County Industrial Development Authority (one (1) nominee), Taylor County Industrial Authority (one (1) nominee), Union County Industrial Development Authority (one (1) nominee), United Gainesville Community Development Corporation, Inc. (one (1) nominee), Gainesville Downtown Redevelopment Agency (one (1) nominee), Lake City Community Redevelopment Agency one (1) nominee), North Central Florida Areawide Development Company, Inc. (one (1) nominee), and North Central Florida Regional Planning Council (one (1) nominee).

The Job Service of Florida representative on the Florida's Suwannee Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the individuals nominated by the following Job Service of Florida offices: Gainesville (one (1) nominee), Lake City (one (1) nominee, and Perry (one (1) nominee).

Beginning July 1, 1993, the number of members of the Florida's Suwannee Valley Private Industry Council shall be twenty-nine (29). The membership shall consist of seventeen (17) Private Section seats, three (3) Community-Based organization seats, one (1) Local/Vocational Education seat, one (1) Higher Education seat, one (1) Rehabilitation seat, two (2) Labor seats, and one (1) Job Service of Florida seat.

The Rehabilitation representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Consortium from the individuals nominated by local nonprofit and government vocational rehabilitation agencies. The initial term for the Rehabilitation agency seat shall be for three (3) beginning with the July 1, 1993 to June 30, 1996 term.

The Project Independence representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium from the individual nominated by the lowest level state administrator with direct responsibility for Project Independence for the entire 11 county Florida's Suwannee Valley Service Delivery Area. The initial term for the Project Independence seat shall be for three (3) years beginning with the July 1, 1993 to June 30, 1996.

The Department of Health and Rehabilitative Services representative on the Florida's Suwannee Valley Private Industry Council shall be selected by the Florida's Suwannee Valley Job Training Consortium as the individual nominated by the Florida Department of Health and Rehabilitative Services, District 3.

The Florida's Suwannee Valley Job Training Consortium shall appoint the members of the Florida's Suwannee Valley Private Industry Council, which shall initially include the following:

3-Year Term

Organization Beginning



1. Private Sector- Alachua Co. Seat 1 July 1, 1993



2. Private Sector- Alachua Co. Seat 2 July 1, 1991



3. Private Sector- Alachua Co. Seat 3 July 1, 1992



4. Private Sector- Alachua Co. Seat 4 July 1, 1993



5. Private Sector- Bradford Co. July 1, 1992



6. Private Sector- Columbia Co. Seat 1 July 1, 1993



7. Private Sector- Columbia Co. Seat 2 July 1, 1991



8. Private Sector- Columbia Co. Seat 3 July 1, 1993



9. Private Sector- Dixie Co. July 1, 1992



10. Private Sector- Gilchrist Co. July 1, 1993



11. Private Sector- Hamilton Co. July 1, 1991



12. Private Sector- Lafayette Co. July 1, 1992



13. Private Sector- Madison Co. July 1, 1993



14. Private Sector- Suwannee Co. Seat 1 July 1, 1991



15. Private Sector- Suwannee Co. Seat 2 July 1, 1993



16. Private Sector- Taylor Co. July 1, 1992



17. Private Sector- Union Co. July 1, 1993



18. Higher Education July 1, 1991



19. Local/Vocational Education July 1, 1992



20. Labor- Seat 1 July 1, 1991



21. Labor- Seat 2 July 1, 1993



22. Health & Rehabilitative Services July 1, 1992



23. Community-Based Organization Seat 1 July 1, 1993



24. Community-Based Organization Seat 2 July 1, 1992



25. Community-Based Organization Seat 3 July 1, 1993



26. Economic Development Agency July 1, 1991



27. Job Service of Florida July 1, 1991



28. Rehabilitation Agency July 1, 1993



29. Project Independence July 1, 1993



2. That these amendments shall become effective upon their approval by the eleven (11) Boards of County Commissioners and the filing of this Resolution with the Clerks of the Courts in all eleven (11) counties of the Florida's Suwannee Valley Service Delivery Area.

Duly adopted in regular session, this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



VACATION OF NORTHWEST 90TH STREET



A group of county residents were in attendance to voice their concerns and protestations regarding the closing of Northwest 90 Street. A list of those persons in attendance is on file in the Clerk's office. Ms. Sara Nichols spoke on behalf of those present, stating that they did not receive proper notice because they did not realize that N.W. 90th Street was the same road which leads to Leland Landing, when it was advertised in the Gilchrist County Journal. Several people present said they bought the property from Mr. G. C. Butler, with the verbal understanding that they would have access to the river at Leland Landing, however, with the closing of this road, they no longer have access. Several people stated they felt their property value would decrease with the road closing. Commissioner Bush questioned those present as to the frequency of their use of the boat landing, with replies ranging from never to daily usage. The Board agreed to close the road on June 7, 1993, following a petition from Katie Sue Butler and L. R. Thomas, Inc. Both parties requested the road to be closed due to vandalism and trespassing. Following discussion, the Board agreed that the notice, although published by legal specifications, may have been confusing to some people who were not aware that N. W. 90th Street was the same road as the road leading to Leland Landing. Therefore, the Board agreed by resolution, upon a motion from Commissioner Suggs, seconded by Commissioner Cannon, to hold another public hearing to give the public an opportunity to voice their concerns. The motion carried unanimously. In addition, Commissioner Cannon made a motion, seconded by Commissioner Suggs, to establish a policy for this Board, which would call for the posting of a sign near any road, petitioned to be closed, 30 days prior to the public hearing. The motion carried unanimously. The resolution follows:



RESOLUTION 93-28



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

OF GILCHRIST COUNTY, FLORIDA, SETTING PUBLIC HEAR-

ING ON A VACATION OF A PORTION OF ROAD IN SECTION

14, TOWNSHIP 7 SOUTH, RANGE 14 EAST, GILCHRIST

COUNTY, FLORIDA.



WHEREAS, KATIE SUE BUTLER and L. R. THOMAS, INC., have petitioned the Board of County Commissioners to vacate a portion of a road known as Northwest 90th Street commencing at a point 627 feet West of the Western line of Northwest 33rd Terrace, lying in Sections 13 and 24, Township 7 South, Range 14 East, Gilchrist County, Florida.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Gilchrist County, Florida, that at 11:00 a.m. on September 13, 1993, at the County Commission Room, Gilchrist County Courthouse, Trenton, Florida, the Board of County Commissioners will consider the advisability of exercising its authority regarding the vacation of the road as above described.

RESOLVED this 19th day of July, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



CIVIL DEFENSE/VETERAN'S SERVICE REPORT



Mr. Richard Perryman, Civil Defense/Veteran's Service Director requested the Board to authorize his secretary, Beth Latner, to sign documents on his behalf, during any absence. The Board unanimously approved this request, following a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon.



Mr. Vernon Layfield has been asked by Will May, Alachua County's Fire Coordinator, to be the Fire Coordinator for Gilchrist County's Fire and Rescue Response Disaster Plan, which includes a 15 county district. This position will be a liason between the fire departments and the county's Division of Emergency Management. The purpose of the Fire-Rescue Disaster Response Plan is intended to provide for the systematic mobilization, organization and operation of Fire-Rescue resources from throughout the state and nation in assisting local agencies in mitigating the effects of disaster. The ultimate appointment will come from the county's fire chiefs, however, before accepting the position, Mr. Layfield requests the county's endorsement. In addition, Mr. Layfield would like for the county to reimburse his travel expenses, which should be minimal. The Board unanimously approved Mr. Layfield's request, including the reimbursement of travel expenses, following a motion from Commissioner Bush, which was seconded by Commissioner Sheffield.



Mr. Perryman stated he would like to attend a seminar related to national flood insurance from September 13-17, 1993. The Board advised Mr. Perryman to attend the workshop.



Mr. Perryman stated that his office has assisted 90 veteran's since they began their count in April, 1993.



ALBERT MARTIN: CONSTRUCTION PROJECTS



Mr. Martin reported to the Board that the has completed the construction work at the jail administration building, and at Water's Lake Park. He stated that he left the keys to the pump house and bathroom with Mr. Hudson, who owns and operates a store near the park. Mr. Martin stated that it has been brought to his attention that some shingles on the Health Department's roof are loose. The Board advised Mr. Martin to make the necessary repairs.



CLERK'S REPORT (CONT.)



Mr. Barron stated that he has had problems with the United Fuels billing. His accounts payable clerk spends a great deal of time tracking invoices. In addition, the fuel pumps are often out of order after a storm. Mr. Barron suggests we ask Mr. McElroy and his supervisor to the next Board meeting to discuss possible solutions.



Mr. Barron reviewed the bills with the Board, which were unanimously approved, following a motion from Commissioner Suggs, seconded by Commissioner Bush. The Board unanimously approved the budget transfers numbered 58-63, 65-66, and 68-71, following a motion from Commissioner Suggs, which was seconded by Commissioner Bush. These budget transfers are attached hereto and made a permanent part of these minutes.



Mr. Barron presented a budget transfer for the Law Enforcement Trust Fund, transfer number 64, increasing the budget by $12,141.54. Mr. Barron explained that budget transfer for this account must be approved by resolution. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to approve this budget transfer, by resolution. The motion carried unanimously, and the resolution follows:



RESOLUTION 93-29



A RESOLUTION AMENDING THE LAW ENFORCEMENT TRUST

FUND BUDGET FOR FISCAL YEAR 92-93.



WHEREAS, Chapter 129, Florida Statutes, sets forth the requirements for adoption of the annual county budget; and



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for Law Enforcement Trust Fund for Fiscal Year 1992-93; and



WHEREAS, Chapter 129.06, Florida Statutes authorized amendments of the budget by resolution to lawfully expend unanticipated revenues; and



WHEREAS, the Board of County Commissioners of Gilchrist County are in receipt of $12,141.54 of unanticipated revenues for the Law Enforcement Trust Fund;



NOW, THEREFORE, BE IT RESOLVED, by the Gilchrist County Board of County Commissioners, that the Law Enforcement Trust Fund is hereby amended in an increased amount of $12,141.54.



RESOLVED, in regular session, July 19, 1993.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



FRED WILKERSON, CHAIRMAN



ATTEST



JACKIE R. BARRON, CLERK



WM. GERALD THOMPSON- REQUEST FOR COUNTY ROAD MOVAL



Mr. Gerald Thompson appeared before the Board, explaining that several years ago, he deeded a right-of-way to the county. The county constructed a road partially on the right-of-way. Mr. Thompson requests that the county return the property back to him if they are not going to move the road and construct it on the right-of-way. Upon a motion from Commissioner Cannon, seconded by Commissioner Suggs, the Board authorized Mr. Burt to draw up an agreement whereby Mr. Thompson would be allowed to fence the portion not being used for a road, and use it until such time that the Board may need it.





ROAD AND SOLID WASTE DEPARTMENTS REPORT



Mr. Joyner, Road Superintendent, reported that the old rock crusher is broken, needing two gears and a shaft. Maddox quoted $8000 to do the repairs. The Board advised Mr. Joyner to hold off on repairing the crusher at this time, and continue to use the newer one.



Mr. Joyner reported that the Department of Transportation will be doing a survey (to count number of vehicles) at county road 232, to determine whether a caution light is needed.



Mr. Joyner stated that the bids for hauling solid waste, which includes recyclable materials, will need to go out as soon as possible. According to Mr. Joyner, BFI will accept all recyclable materials, and whoever is awarded the contract for hauling will haul all recyclables to BFI. The Board unanimously agreed to bid the hauling of solid waste, following a motion from Commissioner Suggs, seconded by Commissioner Sheffield. The bids are due August 2nd, and will be opened the same date, which is the regular Board meeting in August.



Mr. Joyner reported that the City of Trenton is interested in having it's recyclables picked up once a week, rather than every two weeks. Mr. Joyner stated he would ask the city to provide an employee to assist the county.



Mr. Joyner stated that Eddie Holt is expected to return to work on August 16, 1993.



Mr. Joyner stated that there are a lot of items at the shop that are no longer useful; items which need to be taken off the property records. Mr. Barron suggested that the Board hold an auction for those items, along with items from each department. The Board asked Mr. Barron to notify the departments that they need to submit a list of surplus property items. Once these items are removed from the property records, the Board can hold an auction.



CDBG REPORT



Mr. Fox reported that C. B. Butler was award the bid for the R. Douglas home, however, he is unable to do the job, due to personal problems. D. J. Daube indicated he is interested in doing the job, however, he would require an additional $1000, above the bid amount, which was $17,500. The Board advised Mr. Fox to negotiate with Mr. Butler to release him from further obligation, if he is willing to take a $1000 decrease from another job that he is awaiting payment (P. Hines). The Board took this action by motion from Commissioner Sheffield, seconded by Commissioner Suggs. The motion carried unanimously. According to Mr. Fox, since the original write up for the Douglas home was completed, it has come to their attention that the septic system needs to be replaced, which would cost an additional $1400. Mr. Fox suggested that since Mr. Butler is 20 days over due on the P. Hines home, he could be penalized a total of $1000, which would nearly cover the cost of the septic system for R. Douglas. The Board unanimously agreed to impose the penalty on Mr. Butler, at $50 per day for 20 days, for a total of $1000, following a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield. According to Mr. Fox, the additional $400 needed to do the septic work could come from the county's administration portion of funds.



Mr. Fox stated that the project has gone beyond the completion date, and a letter is needed asking for an extension from the Department of Community Affairs. A motion was made by Commissioner Sheffield, seconded by Commissioner Suggs, to authorize Mr. Fox to write a letter to DCA, requesting an extension. The motion carried unanimously.



Mr. Fox presented change orders, which would reduce the Carraway job by $150, and increasing the R. Thomas job by $300. The change orders were unanimously approved, following a motion from Commissioner Sheffield, seconded by Commissioner Bush.



Mr. Burt reported that Gladys Hilliard wants to pursue to the penalty which was previously discussed in a past Board meeting. Mr. Burt recommends the Board reduce her mortgage amount by the amount of the penalty, which is $2700. The Board authorized Mr. Burt to send a letter to Ms. Hilliard offering her a reduction of mortgage, upon a motion from Commissioner Suggs, which was seconded by Commissioner Sheffield. The motion carried unanimously.



911



Mr. Brittin spoke to the Board regarding the 911 project, stating that Southern Bell offers equipment which could save money and meet the county's needs well beyond the year 2000. Mr. Barron stated that the capital costs for this project is needed which will be included in the 911 budget. Mr. Barron further stated that he is concerned with the personnel costs for this project. Mr. Brittin stated that a new console could possibly be purchase with an EMS grant, rather than the moving violation surcharge as previously discussed.



MISCELLANEOUS



Mr. Burt presented an interlocal agreement from the City of Fanning Springs, requesting the county to accept referrals from their CDBG applicant pool, to the county's SHIP program. The Board unanimously approved this agreement, following a motion from Commissioner Suggs, seconded by Commissioner Cannon.



Commissioner Suggs stated that it has been brought to her attention that the road signs indicating county roads 340 and 341 were installed according to the county's maps, which appear to be incorrect. This will need to be corrected through Mr. Harrison's office.



Following discussion, the Board set the following dates for budget workshops: August 9th, August 16th, and August 30th, each beginning at 9:00 a.m. Mr. Barron stated that the final budget hearing will need to be September 27th or 28th.



Due to the Labor Day holiday, which fall on the first Monday in September, the Board will meet on September 13th.



Chairman Wilkerson appointed the following Commissioners to serve on the Value Adjustment Board: Commissioner Suggs, Commissioner Bush, and Commissioner Sheffield.



Mr. Barron presented Chairman Wilkerson with documents needing his signature for the DARE grant, for fiscal year 93-94. Chairman Wilkerson executed these documents, with the Board consent.



Mr. Barron stated that he received a letter from the North Central Florida Regional Planning Council, requesting an alternate chairperson for it's Transportation for Disadvantaged Committee for Gilchrist County. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to appoint Commissioner Suggs to serve as alternate chairperson. The motion carried unanimously.



The Board discussed the length of the Board meetings, and ways to shorten the meetings. Following a motion from Commissioner Suggs, seconded by Commissioner Sheffield, the Board agreed to reduce the monthly library report to a quarterly report. The motion carried unanimously.



The Board received a request from Ms. Barbara Matusik, Wildlife Sanctuary, to use the Southeast Community Center the 2nd Tuesday of each month at no charge. The Board unanimously agreed to allow this non-profit organization to use the community center, at no charge, following a motion from Commissioner Bush, which was seconded by Commissioner Suggs.



The Board received a letter from the Competency Board, recommending the appointment of Jack Scheall, Neptune Pool Construction, to replace Bobby Kincaid. The Board advised Mr. Burt to contact Mr. Kincaid to determine the reason for his resignation from the Board.



Mr. Barron stated that he received a letter from the Beacon Group, the county's property insurer, recommending the Board install an alarm system in the courthouse (after their inspection of the premises). The Board agreed that this would not be cost effective at this time.



Mr. Barron presented a letter to the Board from the Leon County Commission, indicating their desire to charge each county in the 8th Judicial Circuit their pro rata portion of expenses related to appellate cases, which are housed in the appellate division of the Leon County Courthouse. Gilchrist County's portion would be $759 for next fiscal year. The Board unanimously agreed to fund this cost, following a motion from Commissioner Sheffield, seconded by Commissioner Bush.



Mr. Barron reported that he disbursed a total of $27,768.10 to the Board of County Commissioners, for the months of April, May, and June. These monies represent fines, costs and interest collected by the Clerk.



Mr. Burt reported that the SHIP committee requests the Board to waive building fees for the SHIP program. The Board took no action on this request.



Mr. Dee Wright appeared before the Board, requesting they send a letter asking for the resignation of Wacasassa Volunteer Fire Chief, Steven Youghn. According to Mr. Wright, and others in attendance, Mr. Youghn offered his resignation, however, it was not accepted by the fire department. Mr. Youghn has been charged with a felony offense, and Mr. Wright feels that he should not be representing the fire department, nor the county, pending the outcome of the case. The Board unanimously agreed to send the fire department a letter asking for his removal, in accordance with the county's personnel policy, following a motion from Commissioner Bush, which was seconded by Commissioner Sheffield.



Ms. Betty Kingsley, owner of Santa Fe Marina, appeared before the Board to request that they allow her to sell beer on September 5th, which falls on Sunday. According to Ms. Kingsley, they have a Labor Day celebration each year, with live music and various activities. This year, the celebration will be held on Sunday. In the past, she has been unable to sell beer if it's held on Sunday, but most people attending the event arrive with beer, and she is left with the empty beer cans to pick up. The Board advised Ms. Kingsley that the ordinance regulating the sale of alcoholic beverages in Gilchrist County could not be advertised and heard in public hearing by Labor Day weekend.



Commissioner Suggs stated that her travel has increased since being appointed to the Rural Affairs Committee and Criminal Justice Committee, and requests the Board to reimburse her on this additional expense. The Board agreed, advising Commissioner Suggs to limit her travel to those meetings that she felt were necessary.



There being no further business to discuss, a motion to adjourn at 7:47 p.m. was made by Commissioner Bush, seconded by Commissioner Cannon, and unanimously approved.



APPROVED:





FRED WILKERSON, CHAIRMAN



ATTEST:





JACKIE R. BARRON, CLERK