MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD OCTOBER 4, 1993



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on October 4, 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, and Carolyn Thomas, Deputy Clerks, Carl Rehberg, Building and Zoning Official, Sable Bolling, GCPHU Administrator, Buddy Joyner, Road Superintendent, Charlie Houdder, SRWMD, Jeff Jones and Bobby Mikell, Division of Forestry, Greg Larson, Florida Gas Transmission Line, and Sarah Collis, Jean DeCosta, Martin Cosgrove, Dan Dixon, Jim Campbell, Jim Batson, Joanna Thomas, Leamon Wells, and Ray Earl Thomas, county residents.



Chairman Wilkerson called the meeting to order and after agenda changes were made, a motion was made by Commissioner Suggs, seconded by Commissioner Bush, to approve the minutes of the August 16th budget workshop. The motion carried unanimously.



ATTORNEY'S REPORT



Public Hearing: Court Facilities Trust Fund



Mr. Burt presented the Board with an ordinance which will increase the amount of the filing fees for civil actions. Gilchrist County is currently charging a lower amount than most counties. Following discussion, a motion was made by Commissioner Suggs, seconded by Commissioner Cannon, to adopt the ordinance. The motion carried unanimously and the ordinance is as follows:



ORDINANCE 93-09



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, AMENDED, REVISING, AND RE-

PLACING IN THEIR ENTIRETY, ANY AND ALL ORDINANCES RE-

LATING TO THE FUNDING OF THE "GILCHRIST COUNTY COURT

FACILITIES"; ESTABLISHING FEES TO BE PAID TO THE CLERK

OF THE COURT UPON INSTITUTION OF ANY CIVIL ACTION, SUIT

OR PROCEEDING, IN EITHER THE CIRCUIT COURT OR THE COUNTY

COURT OF GILCHRIST COUNTY; PROVIDING FOR THE MAINTENANCE

OF A BANK ACCOUNT BY THE CLERK, KNOWN AS THE "GILCHRIST

COUNTY COURT FACILITIES TRUST FUND"; PROVIDING FOR THE

MANNER OF EXPENDING FUNDS; PROVIDING FOR SEVERABILITY;

REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR

AN EFFECTIVE DATE.



WHEREAS, Section 28.241, Florida Statutes, and Section 34.041, Florida Statutes, empower the Board of County Commissioners to charge excess service charges and the manner of expending such charges, including court facilities; and

WHEREAS, the County Commission had previously established the "Gilchrist County Court Facilities Trust Fund"; and

WHEREAS, the County has held the required public hearing, with due public notice having been provided and having reviewed and considered all comments received during the public hearing; and

WHEREAS, in exercise of its authority, the Board of County Commissioners has determined that it is necessary and desirable to increase service charges for maintenance of Gilchrist county Court Facilities.

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

Section 1. Pursuant to Section 34.041, Florida Statutes, the Board of County Commissioners of Gilchrist County, Florida, does hereby establish a fee of $11.50 and authorizes and directs the Clerk of Court of Gilchrist County, Florida, said fee, which said fee is to be above and beyond the amounts authorized as "clerk's fees" by Section 34.041, Florida Statutes, and said fee to be so charged and collected is for the purpose of maintaining Gilchrist County Court Facilities.

Section 2. Pursuant to Section 28.241, Florida Statutes, the Board of County Commissioners of Gilchrist County, Florida, does hereby establish a fee of $16.50 and authorizes and directs the Clerk of the Court of Gilchrist County, Florida to charge each party instituting any civil action or proceeding in the Circuit Court in Gilchrist county, Florida, said fee, which said fee is to be above and beyond the amounts authorized as "clerk's fees" by Section 34.041, Florida Statutes, and said fee to be so charged and collected is for the purpose of maintaining Gilchrist County Court Facilities.

Section 3. That any sums of monies collected and received by the Clerk of the Court pursuant to this Ordinance shall be deposited in a separate bank account, said bank account to be known as the "Gilchrist County Court Facilities Trust Fund"; said funds shall be deposited in said account at least once each calendar month.

Section 4. That all monies received and deposited by the Clerk of Court pursuant to this Ordinance and interest accrued thereon shall be expended exclusively for providing and maintaining Facilities of the courts in Gilchrist County, including the leasing and purchasing of equipment and furnishing the Gilchrist County Court Complex and shall be expended only upon authority of the Board of County Commissioners of Gilchrist County, Florida.

Section 5. That there be and is hereby established the Gilchrist County Court Facilities Library Advisory Board, which shall be constituted and charged with the following responsibilities:

A. The Board shall be constituted of the following members:

1. County Judge of Gilchrist County, Florida.

2. County Attorney for Gilchrist County, Florida.

3. The Clerk of Court of Gilchrist County, Florida.

4. An attorney licensed to practice law in the State of Florida and practicing primarily in Gilchrist County, Florida, which attorney shall be appointed by the Board of County Commissioners to serve a four (4) year term of office commencing March 15, 1993; said attorney presently serving in that capacity is Sheree H. Lancaster, who shall continue to serve her previously appointed term.

B. The Gilchrist County Court Facilities Advisory Board shall meet no less frequently then annually and shall establish a list of court facilities materials to be recommended to the Board of County Commissioners, Gilchrist County, Florida, to be purchased or maintained from the funds available from the Gilchrist County Court Facilities Trust Fund. The Advisory Board shall consider the potential use of said materials, the value of said materials to the court system, and the expense of said materials in making its recommendations to the Gilchrist County Board of County Commissioners.

Section 6. Severability. If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect.

Section 7. Conflict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 8. Effective date. This Ordinance shall be filed with the Office of the Secretary of State of Florida and shall immediately take effect upon receipt of official acknowledgement from the Secretary of State that such Ordinance has been filed with that office.

PASSED AND DULY ADOPTED with a quorum present voting by the Board of County Commissioners in regular session this 4th day of October, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Public Hearing: Law Library



Mr. Burt presented a proposed ordinance which would increase the filing fees for civil actions. Following discussion, the Board unanimously approved the following ordinance, upon a motion from Commissioner Suggs, which was seconded by Commissioner Bush:



Ordinance 93-10



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, AMENDED, REVISING, AND

REPLACING IN THEIR ENTIRETY, ANY AND ALL ORDINANCES

RELATING TO THE FUNDING OF THE "GILCHRIST COUNTY LAW

LIBRARY"; ESTABLISHING FEES TO BE PAID TO THE CLERK

OF THE COURT UPON INSTITUTION OF ANY CIVIL ACTION,

SUIT OR PROCEEDING, IN EITHER THE CIRCUIT COURT OR THE

COUNTY COURT OF GILCHRIST COUNTY; PROVIDING FOR THE

MAINTENANCE OF A BANK ACCOUNT BY THE CLERK, KNOWN AS THE

"GILCHRIST COUNTY LAW LIBRARY ACCOUNT"; PROVIDING FOR THE

MANNER OF EXPENDING FUNDS; PROVIDING FOR SEVERABILITY;

REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR

AN EFFECTIVE DATE.



WHEREAS, Section 28.241, Florida Statutes, and Section 34.041, Florida Statutes, empower the Board of County Commissioners to charge excess service charges and the manner of expending such charges, including a law library; and

WHEREAS, the County Commission had previously established the Gilchrist County Law Library as well as the "Gilchrist County Law Library Account; and

WHEREAS, the County has held the required public hearing, with due public notice having been provided and having reviewed and considered all comments received during the public hearing; and

WHEREAS, in exercise of its authority, the Board of County Commissioners has determined that it is necessary and desirable to increase service charges for maintenance of the Gilchrist County Law Library.

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

Section 1. Pursuant to Section 34.041, Florida Statutes, the Board of County Commissioners of Gilchrist County, Florida, does hereby establish a fee of $11.50 and authorizes and directs the Clerk of the Court of Gilchrist County, Florida to charge each party instituting any civil action or proceeding in the County Court in Gilchrist County, Florida, said fee, which said fee is to be above and beyond the amounts authorized as "clerk's fees" by Section 34.041, Florida Statutes, and said fee to be so charged and collected is for the purpose of maintaining the Gilchrist County Law Library.

Section 2. Pursuant to Section 28.241, Florida Statutes, the Board of County Commissioners of Gilchrist County, Florida, does hereby establish a fee of $16.50 and authorizes and directs the Clerk of Court of Gilchrist County, Florida to charge each party instituting any civil action or proceeding in the Circuit Court in Gilchrist County, Florida, said fee, which said fee is to be above and beyond the amounts authorized as "clerk's fees" by Section 34.041, Florida Statutes, and said fee to be so charged and collected is for the purpose of maintaining the Gilchrist County Law Library.

Section 3. That any sums of monies collected and received by the Clerk of the Court pursuant to this Ordinance shall be deposited in a separate bank account, said bank account to be known as the "Gilchrist County Law Library Account"; said funds shall be deposited in said account at least once each calendar month.

Section 4. That all monies received and deposited by the Clerk of the Court pursuant to this Ordinance and interest accrued thereon shall be expended for the purpose of establishing and maintaining the Gilchrist county Law Library and shall be expended only upon authority of the board of County Commissioners of Gilchrist County, Florida.

Section 5. That there be and is hereby established the Gilchrist County Law Library Advisory Board, which shall be constituted and charged with the following responsibilities:

A. The Board shall be constituted of the following members:

1. County Judge of Gilchrist County, Florida.

2. County Attorney for Gilchrist County, Florida.

3. The Clerk of Court of Gilchrist County, Florida.

4. An Attorney licensed to practice law in the State of Florida and practicing primarily in Gilchrist County, Florida, which attorney shall be appointed by the Board of County Commissioners to serve a four (4) year term of office; said attorney presently servicing in that capacity is Sheree H. Lancaster, who shall continue to serve her previously appointed term.

B. The Gilchrist County Law Library Advisory Board shall meet no less frequently than annually and shall establish a list of law library materials to be recommended to the Board of County Commissioners, Gilchrist County, Florida, to be purchased or maintained from the funds available from the Gilchrist County Law Library Fund. The Advisory Board shall consider the potential use of said library materials, the value of said materials, in making its recommendations to the Gilchrist County Board of County Commissioners.

Section 6. Severability. If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect.

Section 7. Conflict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 8. Effective date. This Ordinance shall be filed with the Office of the Secretary of the State of Florida and shall immediately take effect upon receipt of official acknowledgment from the Secretary of State that such Ordinance has been filed with that office.

PASSED AND DULY ADOPTED with a quorum present voting by the Board of County Commissioners in regular session this 4th day of October, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Mr. Burt reported that he has received an easement for a school bus turn around site in S29/T8/R16. Ms. Edith Beach has a handicapped child that needs to be picked up closer to her house, and her neighbors, Mr. and Mrs. Robert Thomas are willing to grant the county an easement for the bus to pick the child up. Commissioner Sheffield stated that if the property needs to be surveyed, it should be the property owner's responsibility. Mr. Burt stated that he would ask Sheree Lancaster, the School Board's Attorney to come in later in the afternoon to answer any questions the Board may have.



Mr. Burt mentioned that the Board held tax certificates on a couple of lots (50 x 100 and 100 x 100), in the Wannee area. These lots are on a plat that the county accepted, however, the plat does not indicate the county's interest in those lots. Jay Williams has offered to pay the county $500. Mr. Barron asked what would be the value of the tax certificates, plus interest. Mr. Burt replied that he would check and report back to the Board.



Mr. Burt stated that he has contacted the owners of the mineral rights, on approximately 10 acres of land, which could be used to mine rock. The mineral rights owners' asked the Board what they would be willing to pay for those rights. Commissioner Suggs suggested Larry Rogers be contacted to give the Board an idea of the land's value. No action was taken by the Board.



Mr. Burt informed the Board that he had spoken to Scott Koons, North Central Florida Regional Planning Council, regarding the Special Exception Permit Application, filed by Piedmont Farms. He requested the Planning Councils's assistance in coordinating a meeting between himself, Mr. Barron, the Planning Council and representatives from the University of Florida's Institute of Food and Agricultural Sciences, as well as the Department of Environmental Protection. It is Mr. Burt's understanding that the Board is seeking information from a team of qualified experts that can give an unbiased opinion to the concerns of the Board, as well as those of the public.



Mr. Burt announced that the Hazardous Waste Collection Event has been scheduled for October 23, 1993. Hazardous Waste will be collected at the recycling facility in Bell, as well as the road side park across the bridge in Dixie County. Mr. Burt stated that in order to use that park, DOT has asked that we, along with Dixie and Alachua counties, enter into an agreement, holding DOT harmless. Commissioner Sheffield made a motion to accept the agreement, seconded by Commissioner Bush. The motion carried unanimously. Mr. Burt stated that the printing company made an error when printing the flyers for this event. They reversed the phone numbers for the contact persons. The Board advised Mr. Burt to contact the company to have the error corrected.



Clerk's Report



Mr. Barron explained to the Board that the new year bills will be processed on the new computer system. The format will be different and he encourages the Board to ask questions about their reports. Mr. Barron stated that he did not have journal entries for the Board's consideration today. Mr. Barron informed the Board that the billing from United Fuels is somewhat better, but could be improved. Following discussion, the Board unanimously approved the bills, following a motion from Commissioner Suggs, which was seconded by Commissioner Bush.



Health Department



Ms. Sable Bolling, GCPHU administrator, presented the annual contract between the Board and the Department of Health and Rehabilitative Services. The contract amount is $28,000 which is the same amount as last fiscal year. A motion was made by Commissioner Suggs, seconded by Commissioner Sheffield, to approve the contract. The motion carried unanimously. The Board questioned Ms. Bolling about the recent outbreak of rabies in Gilchrist County, with Ms. Bolling replying that 30 specimens have been sent to the lab and 7 have tested positive for rabies. Ms. Bolling explained that the state no longer funds a rabies program. Ms. Bolling further explained that the individual is responsible for removing the animal's head and shipping it to the lab. The individual is responsible for paying the cost involved, and Ms. Bolling understands that the cost for having a veterinarian remove the animal's head can go as high as $58.



Ms. Bolling requested the Board consider adopting a resolution which would establish a fee schedule for the influenza vaccine at $7.00, pneumonia vaccine at $13.00, and nix creme rinse at $3.00. These fees would be a supplement to those currently established. Commissioner Suggs made a motion, seconded by Commissioner Bush, to approve the above fees, authorizing Mr. Burt to draft a resolution stating the same. The motion carried unanimously, and the resolution follows:



RESOLUTION 93-48



WHEREAS, the Gilchrist County Public Health Unit provides medical services for the benefit of residents of Gilchrist County, Florida; and

WHEREAS, certain fees need to be charged in some instances in order to defray the costs of operating the Gilchrist County Public Health Unit; and

WHEREAS, the Gilchrist County Public Health Unit provides vaccinations and other services requiring the need for establishing a fee schedule;

NOW, THEREFORE, BE IT RESOLVED, that the Gilchrist County Public Health Unit is hereby authorized to charge the following fees:

Influenza Vaccination $7.00

Pneumonia Vaccination 13.00

NIX Creme 3.00



RESOLVED, this 4th day of October, 1993.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Ms. Bolling reported that the Health Department will be receiving a car seat grant for approximately 350 car seats that can be furnished to county residents at no charge. Ms. Bolling stated that she will need a place to store them and asked if the Board had any available storage space. Mr. Barron stated that she could use the tower building for storage.



Ms. Bolling stated that she has been in contact with the Department of Community Affairs, seeking assistance in locating a suitable site for a disaster shelter. According to Ms. Bolling, DCA will do a site evaluation, if requested by the Board of County Commissioners. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to authorize Mr. Barron to send a letter on the Board's behalf, requesting the site evaluation. The motion carried unanimously.



Public Hearing: Variance to Subdivision Ordinance



Mr. Burt briefed the Board of the current status of Cypress Shores and Santa Fe Oasis. Apparently the developer never registered the subdivisions, and they are therefore unrecorded subdivisions. Santa Fe Oasis has public access and Cypress Shores has private access. The owners of lots in these subdivisions are unable to obtain building permits since they do not conform to the subdivision ordinance. Mr. Barron mentioned that there are other areas in the county with the same situation. These particular subdivisions were not platted properly and in order to correct them, they would need to be replatted and each owner would have to sign the plat, and a road for public access would have to be dedicated in Cypress Shores. Commissioner Bush made a motion to table further discussion until Mr. Burt can research the records to determine the number of unrecorded subdivisions in Gilchrist County. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Suwannee River Water Management District



Mr. Charlie Houdder, SRWMD, presented the Board with a check for $4037.89, which represents payment in lieu of taxes on property the SRWMD owns in Gilchrist County. Several years ago, the Water Management District purchased property under the Save Our Rivers Plan, which was in conjunction with the Preservation 2000 project. The amount of the check was determined by used the amount of taxes paid to the county, three years prior to the SRWMD's purchase. They currently own 1240 acres in Gilchrist County, with the first tract acquired in 1984. Payments in lieu of taxes are expected to continue for 10 years. The Board questioned Mr. Houdder about the possibility of establishing a public wildlife area on the property, however, Mr. Houdder stated that the District does not own enough contiguous property for the Game & Fresh Water Fish Commission to establish a wildlife park. According to Game & Fish, an area of approximately 1500 acres is needed at minimum. Mr. Houdder added that this could be possible if more property is acquired.



Building Department



Mr. Rehberg presented his monthly report, indicating a total of 46 permits sold during the month of September. Of that total, 21 were for mobile homes and 5 were new residential construction. Mr. Rehberg spoke to the Board about the Curry property at Water's Lake. The home recently burned and there is a large amount of debris left on the property, as well as an open septic tank. According to Mr. Rehberg, the Health Inspector has issued a citation in regards to the septic problem, however, nothing has been done to correct the problem. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to authorize Mr. Burt to send a letter to the property owner advising him that Code Enforcement action will be taken. The motion carried unanimously.



The Board discussed sign permits with Mr. Rehberg, with Mr. Rehberg stating that two permits had been issued. Mr. Rehberg stated that he would like to put a notice in the paper advising people of the need to have a sign permit. The Board discussed the various types of signs and whether they would need permits. Most sign, including campaign signs, would be subject to the $50 permit fee. Commissioner Suggs made a motion, seconded by Commissioner Bush, to authorize Mr. Burt to present further information to the Board regarding sign permits. The motion carried unanimously.



Dan Dixon- Occupational License



Mr. Dan Dixon appeared before the Board to discuss his denial of an occupational license from Mr. Rehberg. According to Mr. Dixon, he has a mobile auto and truck repair service business, and was refused an OCC license by Mr. Rehberg because of past negative experiences he has had with similar businesses. According to Mr. Rehberg, he has issued OCC licenses in the past with the same type of business, and found that they actually performed the work at their homes, which may not be zoned for commercial businesses. The Board advised Mr. Rehberg to issue Mr. Dixon an Occupational License, and to check to make sure the business is not being run from him home at the time of license renewal.



Bobby Mikell- Division of Forestry



Mr. Bobby Mikell, Forest Area Supervisor, presented the 1992-93 Annual Fire Control Report to the Board. Mr. Mikell reviewed the report, noting a decrease in wildfires over last year, however, a slight increase of total acreage than the previous year. The Board questioned Mr. Mikell about the status of the railroad right-of-ways fire hazard designations, with Mr. Mikell replying that they no longer need the Board's concurrence. Mr. Mikell stated that Mr. Forbes has been very cooperative and has requested the Division of Forestry to plow his lines.



The Board recessed for the EMS meeting at 12:57 p.m. and reconvened at 1:30 p.m.



Amending Preliminary Plat- Jimary Estates



Mr. Jim Batson appeared before the Board to present his amended preliminary plat on Jimary Estates. Following discussion, the Board unanimously approved the preliminary plat, upon a motion from Commissioner Sheffield, which was seconded by Commissioner Bush.



Road Department/Solid Waste Department



Mr. Joyner stated that Mr. Greg Larsen, Florida Gas Transmission is in attendance today to discuss the Board's requirements for right-of-ways for the gas transmission line. Mr. Larsen stated that FGT agrees to assume any liability of paying for the relocation of gas lines within the 100 ft. right-of-way area, however, if the road should ever need to be widened or paved, they wish to retain the option to offer their input as to where and how the pipe is to be relocated. The Board advised Mr. Burt to meet with FGT and propose language which can be included in the permits, for the Board's consideration.



Mr. Joyner and Mr. Larsen spoke to the Board about a road, 25th Avenue, (WCWB radio station is located on this road) where the pipe line will be running under the county's dedicated right-of-way. The pipe line would not be on private property, and FGT is willing to move the gas line if the county decides to widen the road. Apparently the existing grade is 40 ft. wide and they propose to run 15 ft. off the existing road, which would be in the easement of the county's right-of-way. The Board stated that they have no problem with the line as it relates to this road.



Mr. Joyner stated that he had spoken to Steve Scrogge, DOT, who suggested that DOT and the county build an apron up to the property line of Ms. Aetha Wooley. According to Mr. Joyner, DOT will repair it, if the county provides the rock and asphalt. The Board took no action.



Mr. Joyner discussed with the Board the boat ramp at Shingle Landing. He has spoken with the Game & Fish Commission's boat ramp crew, and they suggested that some small slabs be poured and bolted to the existing slab. The Board advised Mr. Joyner to have his crew repair the ramp.



Commissioner Suggs reported that the city of Jacksonville is donating 3 ambulances and one fuel truck to Gilchrist County. They also have a drag line, some dump trucks, and graders.



Mr. Joyner stated that the county needs to supply a fork lift for the Hazardous Waste Collection Event, scheduled for October 23, from 8:00 a.m. to 5:00 p.m. The Board advised Mr. Joyner to rent one from Tri-County Rentals.



Mr. Joyner stated that there are two employees at the landfill, Dianne Avery and Keith Rehberg he wishes to discuss. Currently Keith is running the landfill, and Dianne is the secretary and she is earning more money than Keith. Mr. Joyner would like for Keith's salary to be raised 15 cents per hour, which would put him at the same hourly rate as Dianne. Commissioner Sheffield made a motion to raise Mr. Rehberg's hourly rate by 15 cents per hour. The motion was seconded by Commissioner Bush, and unanimously approved. Commissioner Suggs stated she would like the record to reflect that she is voting in favor of this motion, however, she does not think that it's fair that employees in the Solid Waste Department, sitting on the recycling trucks are making more money than heavy equipment operators with the Road Department.



Mr. Joyner reported that he has received information on Mine Reclamation regarding the Townsend's pit, and the work involved looks extensive. The Board requested Mr. Burt to review the information and involve the county's engineer if necessary.



Public Hearing: Vacation of N.W. 90th Street



Mr. Hallman, attorney representing the affected landowners, stated that Mr. Saier, attorney representing the Thomases and Butlers, offered to re-open the road, providing the homeowners agree to report any vandalism and assist in keeping the property clean. Though the homeowners have no legal obligation to do those things, they are willing to help keep the property clean and crime free, and this has been conveyed to Mr. Saier. Mr. Hallman further stated that Mr. Saier was supposed to discuss this agreement with the Thomases and as of this date, he has not heard from Mr. Saier. Mr. Saier addressed the Board, stating that if the Commission decides to take any action other than what has been advertised, it would in his opinion take a title suit. Mr. Saier stated that the County acted with the intent to abandon this road way so that the status of the title is, number one: no documents have been found where the road was titled to the county, and number two: an attempt has been made by this Board to convey any interest by the County back to the Thomases and other property holders. Mr. Saier went on to say that there may have been defects in what was attempted by the Board, but it is his opinion that the Thomases and Butlers are the record title holder and regardless of the decision today, there would have to be a declaratory judgement or a quiet title suite to determine the effect of the resolution that did not have the contain the proper language. Mr. Burt stated that it is his opinion that the statutory procedure was not followed regarding the resolution and because of that the June 7th action by the Board did not take legal effect. The issue is now properly before the Board, and any party has available to it to appeal to the Circuit Court, regardless of the Board's action. A quiet title action would be a separate proceeding. Mr. Thomas stated that since the road was reopened by the Board, he has had to ask trespassers to leave his private property on several occasions. Mr. Burt stated that the Board will need to consider the public good in their decision making and state their reasons for whatever action they may take. Commissioner Cannon made a motion to deny the petition to close the road because of the high usage of the road and boat ramp. The motion was seconded by Commissioner Suggs, and approved by split vote as follows:



Cannon- Yes

Suggs- Yes

Sheffield- Yes

Wilkerson- Yes

Bush- No



Commissioner Bush stated that the reason he opposed the re-opening of the road was because of the problems with litter, vandalism, and the expenses and liability of the boat ramp.



Sheriff Floyd- Budget Amendment



Sheriff Floyd reported that he is in the red approximately $12,000 in correction's operations and will probably be around $15,000 when he's finished paying "old year" bills. The Sheriff stated that he does not know what his excess in the other funds will be nor if there will be enough to cover the anticipated short fall. Commissioner Sheffield made a motion, seconded by Commissioner Bush, to amend the Sheriff's correction's budget to fund the shortfall, authorizing Chairman Wilkerson and Mr. Barron to determine the figures with the Sheriff when the books are closed and after applying surpluses from law enforcement to corrections, not to exceed $15,000. The motion carried unanimously.



Clerk's Report (continued)



Mr. Barron presented an interagency labor agreement with Lancaster for the recycling facility. This is the same agreement we have had with Lancaster for several years. The Board unanimously approved the agreement, upon a motion from Commissioner Suggs, which was seconded by Commissioner Bush.



Mr. Barron informed the Board that he has received a letter from the Florida Counties Foundation, offering technical assistance to small counties. Mr. Barron added that he does not have the time nor staff resources it would require to do this survey, especially at such short notice, however, he would be glad to hear about the program.



Mr. Barron reminded the Board that during the budget workshops, the Board budgeted $12,000 for comprehensive planning assistance from the North Central Florida Regional Planning Council. Mr. Barron is in receipt of an agreement with the Planning Council to that effect, and asks the Board's consideration. Commissioner Suggs made a motion, seconded by Commissioner Cannon to approve the agreement to fund NCFRPC $12,000. The motion carried unanimously.



Mr. Barron spoke briefly to the Board regarding boating restricted areas. Mr. Burt recommended the County revise their ordinances to comply with the Department of Environmental Protection and statutory changes.



Mr. Barron presented a resolution from NCFRPC, which would change the language of two previous resolutions adopted by the Board. Initially, the Board adopted a resolution for the interlocal agreement which created the Florida's Suwannee Valley Job Training Consortium and the Florida's Suwannee Valley Private Industry Council. This resolution called for a reduction of membership from Alachua County. The following month, a revised resolution was presented to the Board adding back the one member dropped from Alachua County. The resolution today would conform to the resolution presented to Alachua County, and the only changes are the addition and deletion of verbiage. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to deny the resolution. The motion carried by split vote as follows:



Sheffield- Yes

Cannon-Yes

Bush- Yes

Wilkerson- Yes

Suggs- No



Mr. Barron spoke briefly to the Board regarding his interest in administering the SHIP program. Mr. Burt, temporary administrator of the program, asked the Board to allow him to talk to the SHIP Committee before any change in administration is made. The Board agreed to Mr. Burt's request.



Ms. Sheree Lancaster, School Board attorney, spoke to the Board about the need for a school bus turn around for Ms. Edith Beach's handicapped child. Because the child is in a wheelchair, it is difficult to have her picked up at the bus stop. Mr. & Mrs. Robert Thomas have agreed to grant the county an easement in order for the child to be picked up closer to Ms. Beach's house. This will be a 3 year easement. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to accept the easement offered by the Mr. and Mrs. Thomas. The motion carried unanimously.



Glenna Auckshur- Positive Divorce Resolution



Ms. Auckshur appeared before the Board to advise them of the recently mandated Positive Divorce Resolution course, from Judge Elzie Sanders, effective August 17, 1993. According to Ms. Auckshur, anyone seeking a divorce with children 18 or under will be required to complete the course. Both parties must take the course, on separate dates and/or locations. Ms. Auckshur is here today requesting the Board provide space to hold these classes. Some course dates have been set, however, there is no place to meet. In addition, Ms. Auckshur is seeking an agency that will accept the fee for the course, which is set for $35.00. Mr. Barron stated that his office could accept the fee and suggested using the training room at the newly constructed jail administration building. The Board agreed this would be a good location. Mr. Barron called the Sheriff and confirmed usage of the room. Ms. Auckshur thanked the Board for their assistance.



Clerk's report (cont.)



Mr. Barron stated that the county needs an interlocal agreement with the City of Trenton to disburse mosquito control monies. Mr. Burt stated that he would draft an agreement.



Mr. Barron reminded the Board that during the budget workshops the Board discussed bidding plumbing, heating and air conditioning and electrical work, for county buildings. Commissioner Bush made a motion, seconded by Commissioner Suggs to bid the work. There followed discussion regarding the method of bidding, the scope of work, etc., with Commissioner Bush withdrawing his motion until the methodology is established.



Irrigation Pipes



Mr. Joyner stated the Board that Ray Thomas has requested permission to dig and clean out an irrigation pipe that's clogged and replace the pipe. He advised Mr. Joyner that he would need a load of rock in order to complete the job. The Board stated they did not have a problem with Mr. Thomas working on the pipe, however, should he need a load of rock, the charge will be $25 per load.



Miscellaneous



Mr. Burt informed the Board that there are currently 4 vacancies on the Solid Waste Task Force. They will be meeting October 26th to discuss door to door collection. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize Mr. Burt to advertise for the vacancies. The motion carried unanimously.



Mr. Burt stated that there will be a conference on the SHIP program October 20-22. He may want to go, depending upon his schedule, and some of the Committee members may want to attend. The Board took no action, but indicated they did not have a problem with the request.



Mr. Burt stated that he would like to attend a workshop on cable law November 9, 1993, providing his schedule would allow. This workshop may be helpful in the Board's possible interest in cable franchising. The Board indicated their approval.



Mr. Barron stated that due to time constraints, he would ask the Board to consider meeting again briefly to take action on the SHIP administration. The Board agreed to meet on Wednesday, October 6, 1993, at 5:00 p.m. for the purpose of appointing an administrator of the SHIP program.



Mr. Barron reported that he had received a letter from EPA regarding diesel fuel. Apparently there are 2 different colors of diesel fuel and using the wrong kind could result in a $25,000 fine per day.



The Board discussed the invitation from Mr. McAuther to view the Alliance Dairy, with Commissioner Cannon making a motion to accept the invitation, and to advertise that the Board will meet at the dairy site on October 18, 1993, at 5:00 p.m. The motion was seconded by Commissioner Suggs, and unanimously approved.













There being no further business to discuss, a motion to adjourn at 6:00 p.m. was made by Commissioner Suggs, seconded by Commissioner Cannon, and unanimously approved.



APPROVED:







FRED WILKERSON, CHAIRMAN



ATTEST:







JACKIE R. BARRON, CLERK