MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD NOVEMBER 1, 1993



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on November 1, 1993, at 8:30 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Fred Wilkerson, Chairman

Wilbur Bush

V. C. Cannon

Jimmie Sheffield

Sue B. Suggs



Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Sherree Pitzarell and Carolyn Thomas, Deputy Clerks, Carl Rehberg, Building & Zoning Official, Buddy Joyner, Road Superintendent & Solid Waste Supervisor, Scott Koons, North Central Florida Regional Planning Council, Jim Cooper, Chief Deputy Sheriff, Martha Mahalick, Fred Fox Enterprises, Gerald Roberts, Theron Hudson, Barbara Polete, Jeff Jordan, Peggy Sapp, June Kogler, David Martin, and Sarah Collis, county residents.



Minutes of the meetings held August 30th, September 2nd, September 13th and September 14th, were unanimously approved, upon motion from Commissioner Suggs, seconded by Commissioner Bush.



ATTORNEY'S REPORT



Mr. Burt reported that the Toxic Waste Day went well, with collections greater than they had anticipated. In addition, the cost to the county may not be as high as they initially expected.



Mr. Burt presented a resolution to the Board for consideration, which would authorize the Tax Collector to refrain from sending tax bills for less than five dollars. The Board unanimously approved the resolution upon a motion from Commissioner Sheffield, which was seconded by Commissioner Suggs.



RESOLUTION 93-49



RESOLUTION TO REQUEST THE GILCHRIST COUNTY TAX COLLECTOR

NOT TO MAIL TAX NOTICES TO TAX PAYERS WHEN THE AMOUNT OF

TAXES SHOWN ON THE TAX NOTICE IS LESS THAN FIVE DOLLARS

($5.00).



WHEREAS, the Gilchrist County Tax Collector has recommended to the Board of County Commissioners of Gilchrist County, Florida, at public hearing on November 1, 1993, that the best economic interest of the County would be served by not mailing tax notices to tax payers when the amount of taxes shown on the tax notice is less than Five Dollars ($5.00), and

WHEREAS, the waiver of such tax collection is provided by Section 197.212, Florida Statutes,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that for the tax year commencing January 1, 1994, and all subsequent years, the Gilchrist County Tax Collector is hereby instructed not to mail tax notices to a tax payer when the amount of taxes shown on the tax notice is less than Five Dollars ($5.00). Moreover, the Gilchrist County Property Appraiser is hereby instructed that he shall not make an extension on the tax rule for any parcel which the tax would amount to less than Five Dollars ($5.00). The minimum tax bill so established may not exceed Five Dollars ($5.00).

RESOLVED this 1st day of November, 1993 at a regular meeting of the Board of County Commissioners in and for Gilchrist County, Florida.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA





FRED WILKERSON, CHAIRMAN



ATTEST:



JACKIE R. BARRON, CLERK



Mr. Burt spoke to the Board regarding the James Horne property near the landfill. The county leases the property from Mr. Horne for water rights and there is a pump house on the property, which belongs to the county. Mr. Horne has paid the taxes on this property since the lease agreement began, however, since he does not use the property, he is asking the Board to reimburse him for the taxes. According to Mr. Burt, the taxes this year are $69.68. Following discussion, the Board unanimously agreed to reimburse Mr. Horne for the taxes he has paid on the property for the first five years of the lease, upon motion from Commissioner Bush, which was seconded by Commissioner Cannon.



Mr. Burt stated that the Florida Association of Counties are considering legislation which would provide for the imposition of a utility tax for non-charter counties. FAC is sponsoring a Legislative Conference December 1-3, 1993.



Mr. Burt reported that the Supreme Court has ruled that the Board of County Commissioners act in a quasi judicial role, and are therefore prohibited from discussion or obtaining information outside of a duly noticed meeting, in regards to small or large land use decisions.



Mr. Burt advised the Board that he is continuing to research the amount of taxes the county has lost by retaining ownership of lots in Shady Oaks Estates.



Mr. Burt discussed with the Board the permit fees for Florida Gas Transmission's lines which will cross the county's roads. The current Land Development Regulation fees do not provide a fee for this type of permit. The same fee could be charged for irrigation lines to be run across a county road. Following discussion, the Board unanimously agreed to impose a fees of $50 and $75, by motion from Commissioner Suggs, seconded by Commissioner Bush. The resolution follows:



RESOLUTION 93-50



A RESOLUTION 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 5% or more of the total

land area of the County $800.00

- rezone less than 5% 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 $150.00

- major subdivision-

final plat submittal $350.00

plus $10.00 per lot

- minor subdivision-

final plat submittal $200.00



An application for:

- a special permit for land and

water fills, dredging, exca-

vation and 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

or any other permit not above

specified, issued by the Board of

County Commissioners $ 75.00

- a special temporary use permit

or any other permit not above

specified, issued by the Land

Development Regulation Adminis-

trator $ 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 the 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 Development 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 1st day of November, 1993.



GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



FRED WILKERSON, CHAIRMAN



ATTEST:



JACKIE R. BARRON, CLERK



Following discussion of the above resolution Commissioner Suggs made a motion, seconded by Commissioner Cannon to exempt by resolution the agricultural irrigation lines from the fees set forth in resolution 93-50. The motion carried unanimously and the resolution follows:



RESOLUTION 93-51



A RESOLUTION IMPOSING 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 find 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 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 $150.00

- major subdivision: final plat

submittal $350.00

plus $10 per lot



- minor subdivision: final plat

submittal $200.00



An application for:



- a special permit for land and water

fills, dredging, excavation & mining $200.00

- a special permit to construct a bulk-

head dock, pier, wharf or similar

structure $ 75.00

- site & development plan approval $200.00

- a driveway permit $ 30.00

- a special temporary use permit or

any other permit not above specified,

issued by the Board of County

Commissioners $ 75.00

- a special temporary use permit or any

other permit not above specified,

issued by the Land Development

Regulation Administrator, including

underground utilities traversing a

road right-of-way $ 50.00

- a sign permit $ 50.00

- a certificate of zoning compliance $ 25.00

- a certificate of concurrency compliance $ 25.00



2. Agricultural irrigation lines are not subject to permitting fees.



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



4. Fees paid are non-returnable.



5. All existing fees or charges related to petitions, appeals or applications under the Comprehensive Plan or Land Development Regulations in conflict with this resolution are hereby repealed to the extent of such conflict.



6. This resolution shall become effective immediately upon

adoption.



PASSED in regular session this 1st day of November, 1993.



GILCHRIST COUNTY BOARD OF

COMMISSIONERS



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Mr. Burt advised the Board that if they wish to consider the imposition of a special assessment for solid waste, EMS and/or fire services next year or change any existing special assessments, the Board will need to advertise by December 31, 1993. This does not mean the Board has to make any changes to existing assessments or implement any new assessments. Commissioner Sheffield made a motion, seconded by Commissioner Bush, to authorize Mr. Burt to advertised the county's intentions to implement special assessments. The motion carried unanimously.



CLERK'S REPORT



Mr. Barron presented the bills to the Board for approval and discussion. The Board unanimously approved the bills following a motion from Commissioner Suggs, seconded by Commissioner Bush.



Mr. Barron stated that he has spoken to other constitutional officers in the courthouse about moving the security officer to the south door, and no objections were voiced. Mr. Barron suggested installing several cameras for other doors with a monitor at the security officer's desk. Mr. Barron further stated that the electrical boxes for the courthouse are near the south door and may be a consideration. He will discuss this with the Sheriff.



BUILDING DEPARTMENT



Mr. Rehberg presented the monthly report for October, indicating a total of 46 permits issued, with 21 impact fees imposed.



Mr. Rehberg asked Mr. Burt if he has prepared a permit for signs, with Mr. Burt replying that he has not.



Mr. Rehberg discussed Occupational Licenses and the possibility of raising the fee. According to Mr. Rehberg, most counties charge more than the $10 fee charged by Gilchrist County, and many businesses do not renew their license on a yearly basis, as required. It was suggested that Mr. Rehberg mail notices out whenever it's time for a business to renew it's license. Mr. Burt stated that he would review the ordinance regarding renewal and fee structure.



WATER'S LAKE



Mr. Theron Hudson spoke to the Board about the great number of buzzards roosting in the Water's Lake area. According to Mr. Hudson, the buzzards are roosting at the county park, which was recently renovated, as well as other areas in the community. He has spoken to the Federal Wildlife Commission and they issued a permit for him to harass the buzzards. Mr. Hudson needs permission to harass the buzzards roosting on county property. The Board unanimously agreed to authorize Mr. Hudson to keep the buzzards off county property, reimbursing Mr. Hudson for his expenses, upon a motion from Commissioner Bush, which was seconded by Commissioner Suggs.



Discussion followed the situation at Water's Lake with the Curry home, which was recently destroyed by fire. Apparently the property has not been cleaned up and several dogs are believed to have perished in the fire. This has possibly contributed to the buzzard problem. Mr. Burt stated that the Code Enforcement Board is currently taking action on this matter. There is a possibility that the State Fire Marshall is investigating the fire and if so, the property can not be disturbed.



GERALD ROBERTS



Mr. Roberts appeared before the Board to complain about the junk yard on the Miller's property. Mr. Rehberg advised the Board that the property is not zoned for a junk yard, and Code Enforcement has already been started.



BARBARA POLETE



Ms. Barbara Polete spoke to the Board about her concerns with Mac Johnson's property. According to Ms. Polete, Mr. Johnson has 8 trailers on 4 acres of property. In addition, she is concerned that Mr. Johnson buried junk on his property, in an attempt to clean up. Commissioner Suggs stated that she, along with the Sheriff, and the Game & Fresh Water Fish Commission visited the property on the night in question and were assured by the dozer operator that the only thing buried was a water line. According to Mr. Rehberg, Mr. Johnson's property was grandfathered to allow the number of mobile homes that are currently on the property.



The Board recessed for an EMS meeting, after which they recessed for lunch and reconvened at 1:10 p.m.



JEFF JORDAN- COMPETENCY LICENSE



Mr. Jeff Jordan appeared before the Board to discuss the recent denial of a home improvement or handyman license by the Competency Board. According to Mr. Jordan, he is only interested in doing home improvements. He stated that the Competency Board issued a temporary license for 90 days and extended it for an additional 90 days, however, that time has ran out and he needs a license in order to work. Mr. Rehberg stated that the county no longer issues home improvement licenses. In order to work, Mr. Jordan will need a residential contractor's license. Mr. Jordan stated that he took the block exam but did not pass. He further stated that the cost of the exam is very expensive and he needs to work. He asked Mr. Rehberg whether all the licensed residential contractors have passed the block exam. Mr. Rehberg stated that there are some residential contractors in the county who have not taken the exam, but they were "grandfathered in". Following discussion, Commissioner Suggs made a motion for the Board to recommend to the Competency Board that a Class C license be issued to Mr. Jordan, based on his years of past work experience, providing that it is not in conflict with the state's regulations. The motion was seconded by Commissioner Bush, and unanimously approved.



PEGGY SAPP- SHARE



Mr. Peggy Sapp spoke to the Board about a program she is involved with called SHARE (Self Help And Resource Exchange). According to Ms. Sapp, the organization will need a place to meet, and would like to use the old voting precinct in Bell. She stated they will meet 3 times per month. In addition, the senior citizens in the Bell area need a place to meet and she would like to use the building for semi-monthly meetings. Commissioner Bush made a motion, seconded by Commissioner Cannon, to approve the use of the building by both groups. The motion carried unanimously. Ms. Sapp stated that the building needs painting, and the light fixtures need replacing. In addition, Ms. Sapp stated that they will need an electric heater, ceiling fan and used refrigerator. The Board unanimously agreed to purchase those items and make the repairs, following a motion from Commissioner Cannon, seconded by Commissioner Bush. Commissioner Suggs made a motion to appoint Ms. Sapp to oversee the building and keep the key to the building. The motion was seconded by Commissioner Cannon and unanimously approved. The Board advised Ms. Sapp that they would ask Mr. Perryman to make the purchases.



MARTHA MAHALICK- CDBG PROGRAM



Ms. Mahalick presented a change order for the Board's consideration for the R. Douglas home, to install 2 screen doors for $125.00. The Board unanimously approved the change order following a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon.



SOLID WASTE REPORT



Mr. Joyner reported to the Board that neither Boone Waste or HAL Industries will give the county a quote for house-to-house pick up unless the county calls for bids. HAL currently charges $14.50 per month for residential pick-up, however, if the entire county participated, it would be less. There followed discussion about whether the Board would want both household and recyclables picked up. The county may have to run their recycling truck behind a private hauler's truck, in order to calculate the amount of materials recycled. Mr. Barron stated that the county may be able to run the door-to-door program for a period of time without raising the special assessment. Commissioner Suggs made a motion, seconded by Commissioner Bush, to authorize Mr. Burt to contact the 3 cities about being included in the door-to-door pick up.



Mr. Joyner spoke to the Board about allowing the landfill to stay open on Veteran's Day and close the day before Thanksgiving. This would only be a holiday swap. In addition, Mr. Joyner asked the Board if they would allow the Road Department employees to work November 11th and 12th (Veteran's Day holiday and their regular day off) and swap those 2 days for the 22nd and 23rd of November. The Board unanimously agreed upon a motion from Commissioner Suggs, which was seconded by Commissioner Cannon.



Mr. Barron reported that he has received an estimate from Lee Mills indicating a landfill monitoring cost of $65,000 for the first year following closure and $31,476 for each subsequent year.



Mr. Joyner spoke to the Board about raising the hourly rate for Chester Ruggles. Mr. Joyner would like to see Mr. Ruggles rate raised to the same amount being paid to Mr. Holt. The Board advised Mr. Joyner that they will not take action on this request until employee evaluations are received.



ROAD DEPARTMENT



Mr. Joyner stated that he was contacted by Mr. Herbie Brown about the county widening a graded road in S20/T9S/R14E. According to Mr. Joyner, there are power lines running on the north side of the road, and they will need to be moved. The Board took no action.



Mr. Joyner stated that he has sent a letter to the developer of Oaks Meadows subdivision requesting the roads be brought up to the county's standards.



Mr. Joyner asked the Board about permit fees for the Florida Gas Transmission Lines that will cross the county's roads. The Board stated that as of today, there are fees established at a rate of $50 each. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to withhold from issuing permits to FGT until they have completed their negotiations with the property owners. The motion carried unanimously.



Mr. Joyner discussed with the Board the amount of signs being stolen from county roads and intersections, especially in Ira Bea's Oasis. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to offer a $500 reward for information leading to the arrest and conviction of anyone stealing signs. In addition, a period of amnesty will be offered for people to turn in signs to the Road Department. The motion carried unanimously.



Mr. Joyner reported that a drive-way in Wacasassa needs repaired because it is affecting several homes. The drive-way in question belongs to David and Denise Collins, and they have indicated that they need the county's assistance. Mr. Joyner stated that he does not believe the problems occurring are a result of the homeowner's actions. Commissioner Bush made a motion, seconded by Commissioner Suggs, to authorize Mr. Joyner to repair the drive-way. Commissioner Sheffield stated that he is opposed to the motion because the county has denied similar requests in the past. The motion carried by split vote as follows:

Bush- Yes

Suggs- Yes

Cannon- Yes

Wilkerson- Yes

Sheffield- No



Mr. Joyner submitted a form used by Levy County entitled "Permit for Work on County Right-of-Way". According to Mr. Joyner, Levy County charges $30 for the permit, which would include drive ways. Commissioner Sheffield made a motion, seconded by Commissioner Bush, to adopt by resolution a drive-way policy, establishing a permit system, appointing Mr. Rehberg to issue the permits. The motion carried unanimously, and the resolution follows:



RESOLUTION 93-52



A RESOLUTION 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 Regulations 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 5% or more of the total

land are of the County $800.00

- rezone less than 5% 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 of

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 $150.00

- major subdivision-

final plat submittal $350.00

plus $10.00 per lot

- minor subdivision- $200.00

final plat submittal



An application for:

- a special permit for land and water

fills, dredging, excavation and

mining $200.00

- a special permit to construct a

bulkhead dock, pier, wharf or

similar structure $ 75.00

- site and development plan approval $200.00

- a driveway permit $ 30.00

- a special temporary use permit or

any other permit not above specified

issued by the Board of County

Commissioners $ 75.00

- a special temporary use permit or

any other permit not above specified

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 extend of such conflict.



5. This resolution shall become effective immediately upon

adoption.

PASSED in regular session this 1st day of November, 1993.



GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



JUNE KOGLER- ALACHUA COUNTY C & D LANDFILL



Ms. June Kogler appeared before the Board to speak to them about a proposed C & D landfill in Alachua County, near the Gilchrist County line (watermelon pond area). According to Ms. Kogler, the City of Newberry has issued a special use permit for the construction of a C & D landfill, approximately 640 acres. Currently EPA does not regulate C & D landfills, although there are proposed regulations for next year. Ms. Kogler is concerned with the location of the landfill being so close to Watermelon Pond, which is currently on the CARL list. She is concerned that if a landfill is put in that area, the state will no longer desire that land. Ms. Kogler stated that the City of Newberry will be holding a public hearing on this issue November 4, 1993, and urges as many people as possible to attend.



PUBLIC HEARING: STIPULATED SETTLEMENT AGREEMENT



Mr. Scott Koons, North Central Florida Regional Planning Council, presented the stipulated settlement agreement to the Board, which signifies an agreement between the county and DCA. The Board needs to decide whether to accept the stipulated agreement or not. This agreement addresses the issues in the comprehensive plan which the county was found to be in noncompliance with DCA. According to DCA, paragraph 20 was deleted. Following discussion, a motion to accept the stipulated settlement agreement was made by Commissioner Sheffield, seconded by Commissioner Bush, and unanimously approved. Mr. Koons stated that Gilchrist County will have 60 days to schedule a meeting with the Planning Board. Once DCA signs this settlement agreement, the amendment process can begin.



CLERK'S REPORT (CONT.)



Mr. Barron stated that he and Chairman Wilkerson met with the Sheriff and determined the amount of the amendment needed for his budget would be $12,500 (FY 92-93).



Mr. Barron reported that he met with the local banks, and asked the Board if they would like to establish a loan committee within the Advisory Committee. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize the establishment of a Loan Review Committee, comprised of members from the Citizens Advisory Committee, for the purpose of reviewing the loan applications for SHIP funds, and making a recommendation to the County Commission. The motion carried unanimously.







SHERIFF'S DEPARTMENT- JIM COOPER



Mr. Jim Cooper, Chief Deputy Sheriff, spoke to the Board about housing female inmates. For several years, Levy County has been housing Gilchrist County's female inmates, however, Levy County will no longer house them for our county. According to Mr. Cooper, Alachua County is willing to house our females for $63.84 per day. Mr. Cooper is of the opinion that the charge is too high, and it would be a burden on his department to transport the females to Alachua County after the arrest. A deputy would also have to go back to Gainesville to pick up the inmate and bring them back here for first appearance, and possibly return the inmate back to Gainesville. He stated that Dixie County may be willing to house our females after the first of the year, for less than the amount quoted by Alachua County, however, the need for housing is immediate. Mr. Cooper stated that he estimates the cost to be approximately $3500 to convert the investigator's office (in the old jail building) to a female holding cell, using inmate labor. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to authorize the conversion of the office into a holding cell, with Albert Martin supervising the construction. The motion carried unanimously. The Board advised Mr. Cooper to check with Mr. Rehberg about using a licensed contractor.



CROSSROADS VOLUNTEER FIRE DEPARTMENT



Mr. David Martin spoke to the Board regarding the location for the Crossroads Volunteer Fire Department. Commissioner Sheffield stated that he attended the meeting in which it was determined that flyers would be mailed to residents in the area, offering a choice in locations. Commissioner Sheffield indicated that he was not pleased with the way this was handled, as the flyers were not mailed back to him, but rather they were hand delivered the following day. Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Bush, to contact Mr. Will May, Alachua County Fire & Rescue, and request that he assist our county by recommending a suitable location for this proposed fire department. The motion carried unanimously.



CLERK'S REPORT (CONT.)



Mr. Barron reported that a total of $3950.76 was collected for delinquent special assessments during the month of September.



Mr. Barron stated that he has received a request from Betty Schneider, to have the Board waive the interest, advertising, and lien recording fees on her unpaid special assessment. According to Ms. Schneider, she mailed a change of address to the Property Appraiser, however, they did not make the change in their computer and her bill was sent to the old address and was not forwarded. She stated that she has no problem paying the special assessment, however, she does not feel she should have to pay the other charges, as she made the effort to ensure that her bill would continue to come to her. Mr. Burt stated that he has received a similar request from Tony Johnson. According to Mr. Burt, Edgar Langford has reviewed the property and determined there was an error in the assessment. Commissioner Bush made a motion to adopt a resolution, authorizing the deferral of the above charges for Ms. Schneider, and also adopting a resolution authorizing the removal of charges for Tony Johnson. The motion was seconded by Commissioner Sheffield and unanimously approved. The resolutions are as follows:



RESOLUTION 93-53



WHEREAS, Gilchrist County had in effect Special Assessments for Solid Waste Disposal and Emergency Medical Services for the year 1991, and

WHEREAS, Parcel Number 13-07-14-0012-000B-0070 was assessed in the amount of $108.00, total, and

WHEREAS, the said Notice of Special Assessment was mailed to a wrong address and as a result, a Notice of Special Assessment Lien was filed on September 16, 1992 in Official Records Book 192 at page 30 of the Public Records of Gilchrist County, Florida, and

WHEREAS, the owners of the subject property, Betty Schneider, as above identified by parcel number have paid the base amount of $108.00 but have objected to advertising, recording costs, and interest because of failure of the County to properly change an address, and

WHEREAS, the Board of County Commissioners determined it reasonable that the advertising costs, recording costs and interest be waived because of the error of the County,

NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Gilchrist County, Florida that the records be adjusted to reflect that Parcel Number 13-07-14-0012-000B-0070 be considered paid in full for the year 1991 as to Special Assessments that attach thereto and further that a Satisfaction or a Release be entered in the Public Records as the case may be.

RESOLVED in regular session this 1st day of November, 1993.

GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



RESOLUTION 93-54



WHEREAS, Gilchrist County had in effect Special Assessments for Solid Waste Disposal and Emergency Medical Services for the year 1989, and

WHEREAS, Parcel Number 14-10-16-0553-0011-0040 was assessed for three (3) said assessments in 1989, and

WHEREAS, the subject property had only one unit subject to the assessment for the year 1989, and

WHEREAS, the number of assessments for the year 1989 was confirmed by Edgar A. Langford, as indicated by a copy of the letter from Mr. Langford attached hereto, and

WHEREAS the owner of said parcel, Tony Johnson, has requested that there be an appropriate adjustment to reflect that the subject property was subject only to one (1) assessment for the year 1989,

NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Gilchrist County, Florida that the records be adjusted to reflect that Parcel Number 14-10-16-0553-0011-0040 had only one (1) assessment for the year 1989, and

FURTHER RESOLVED, that for any additional assessments, monies be refunded to Tony Johnson or a Satisfaction or Release be entered on the Public Records as the case may be.

RESOLVED in regular session this 1st day of November 1993.

GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



PROPOSED C & D LANDFILL IN ALACHUA COUNTY



Commissioner Suggs stated that she would try to attend the public hearing that Ms. Kogler spoke of earlier, since many residents in her district have expressed opposition. Commissioner Suggs made a motion, seconded by Commissioner Bush, to adopt a resolution opposing the location of the landfill. The motion carried unanimously and the resolution follows:



RESOLUTION 93-55



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS OBJECTING TO THE PLACEMENT OF A C&D

LANDFILL IN THE CITY OF NEWBERRY, LOCATED IN THE SOUTH-

WEST CORNER OF ALACHUA COUNTY.



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

WHEREAS, the City of Newberry is considering allowing the placement of a C and D Landfill within the city limits of Newberry, Florida and located in the southwestern quadrant of Alachua County, Florida; and

WHEREAS, the placement of said landfill at that site may have a negative impact on surface water and ground water coming into or onto Gilchrist County, Florida,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida that the City of Newberry refrain from locating said C and D Landfill in that portion of the City of Newberry lying adjacent to Gilchrist County, Florida; and

BE IT FURTHER RESOLVED, that the City of Newberry be placed on notice as to the objection of Gilchrist County to the permitting or the locating of said landfill in that particular site in the City of Newberry, Florida because of its potential negative impact on Gilchrist County and the residents of Gilchrist County, Florida.

RESOLVED this 1st day of November, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



ASCS



Mr. Barron stated that Bill Mikell has been in contact with him regarding the status of the local ASCS offices. According to Mr. Mikell, the Gilchrist County office is scheduled to be closed, which will mean that Gilchrist County residents will be directed to the Bronson office. In addition, Dixie County's ASCS office is scheduled to be closed, referring their people to Mayo. Mr. Barron suggests Gilchrist County and Dixie County discuss the possibility of joining together. Mr. Burt said he would discuss this possibility with Dixie County at their next board meeting.



ROAD DEPARTMENT (CONT.)



Mr. Joyner discussed with the Board the possibility of paving and/or widening of some of the county roads. Mr. Joyner requested the Board's input as to identifying and prioritizing the roads. The Board discussed either resurfacing and/or widening the following roads: 344, 341, 339, 340, and 337. Mr. Joyner estimates the total cost to be approximately $350,000 for the asphalt on these roads. The Board advised Mr. Joyner to contact several asphalt companies for quotes for asphalt and hauling.



MISCELLANEOUS



Mr. Barron stated that he has received a legislative alert from the Florida Association of County Commissioners, opposing legislation which provides that if EMT's, paramedics, and firefighters are diagnosed with AIDS, the assumption is that the contracted the disease through their jobs.



Mr. Barron reported that he has received a letter of resignation from Shirley Frey, from the District HRS Mental Health Board. The Board advised Mr. Barron to advertise for persons interested in filling the vacancy. In addition, there are three vacancies on the Solid Waste Task Force that needs to be advertised and filled.



Mr. Barron received correspondence from the Commissioner's Association requesting the Board to pass a resolution supporting National Unfunded Mandates Day. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to adopt a resolution, as requested. The motion carried unanimously and the resolution follows:



RESOLUTION 93-56



GILCHRIST COUNTY, FLORIDA



WHEREAS, the number of unfunded federal mandates on state and local governments have significantly increased during the last decade, while many federal programs, which were made available to local governments to ease the burden of carrying out federal mandates, have been terminated or drastically reduced; and

WHEREAS, such mandates stem from federal laws and regulations that require state and local governments to provide services and programs, and perform certain responsibilities without providing federal funding for such services; and

WHEREAS, shifting costs to state and local governments has undermined the ability of state and local governments to achieve their responsibilities under state and local law; and

WHEREAS, American citizens are unaware of the impact of unfunded mandates on local services and their own local taxes; and

WHEREAS, Senate Bill 993 entitled the "Community Regulatory Relief Act", has been introduced for adoption before the United States Senate.

THEREFORE, BE IT RESOLVED that the United States Congress and the Clinton Administration are urged to enact legislation that would relieve counties of all obligations to carry out any new mandate arising from federal law, regulation or policy unless federal funds are provided and to reimburse local governments for the costs of complying with existing federal mandates; and

BE IT FURTHER RESOLVED that Gilchrist County, Florida hereby expresses its support for the passage and adoption of legislation to curb federal unfunded mandates such as Senate Bill 992, the "Community Regulatory Relief Act"; and

BE IT FURTHER RESOLVED that Gilchrist County supports "National Unfunded Mandates Day" held October 27, 1993.

ADOPTED this 1st day of November, 1993.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Mr. Barron distributed copies of a Disaster Mutual Aid Agreement, from the Department of Emergency Management. Since the document is rather lengthy, the Board stated they would table this item until the next Board meeting, in order to allow time for review.



Commissioner Suggs stated that she spoke to Joye Brown, DOT, and Ms. Brown stated that she has not received the county's road classifications. Ms. Suggs stated there is a 5 year work plan workshop coming up soon and she will try to attend.



Mr. Burt advised the Board that he made their recommended changes to the Contract for Library Services between Gilchrist County and Suwannee County. The Board unanimously approved the contract, following a motion from Commissioner Suggs, seconded by Commissioner Cannon.



Mr. Burt presented a 3 year easement offered by Rodney and Lisa Richard, S3/T10S/R16E, (Rolling Oaks Subdivision), to the county, for a school bus turn around. The Board unanimously accepted the easement, following a motion from Commissioner Bush, which was seconded by Commissioner Sheffield.



Mr. Burt stated that he was asked by Judge Chance to discuss with the Board a mediation program for family civil cases. Whenever a person files for a petition for modification to their judgement, they will be referred to a family mediator. The program will be supported by a $45 fee whenever a petition is filed. Mr. Barron stated that he is opposed to any judge implementing a mandatory program and dictating the manner in which the program is to be funded through the county's budget.



Mr. Burt reminded the Board that the public hearing to consider the special exception permit application filed by Piedmont Farms, has been scheduled for December 14th.



Mr. Barron stated that the note on the Weeks' building is due and requested the Board's authorization to refinance the remaining balance of the loan, which is $17,000. Following discussion, a motion to grant such authorization was unanimously approved by resolution, upon a motion from Commissioner Cannon, seconded by Commissioner Suggs. The resolution follows:



RESOLUTION 93-55-A



A RESOLUTION AUTHORIZING THE REFINANCING OF

AN INTEREST BEARING NOTE, THE PROCEEDS OF

WHICH WERE UTILIZED TO PURCHASE REAL PROPERTY.



WHEREAS, the BOARD OF COUNTY COMMISSIONERS of Gilchrist County, Florida, at public hearing on November 1, 1993, regular session, finds that it is in the best interest of the citizens of Gilchrist County to continue with the financing of the purchase of real property by Gilchrist County which is described as follows:

Lots 1, 5, and 8, of Block 30 of the original survey of

Trenton, as appears in record of the Office of Clerk of

Circuit Court, Gilchrist County, Florida, together with

a strip of vacated alley, ten (10) feet by two hundred

(200) feet as described in Official Records Book 110,

page 271 of the public records of Gilchrist County,

Florida.

WHEREAS, the BOARD OF COUNTY COMMISSIONERS determines that the financing should be continued and secured by pledging racetrack funds due to the County as security for a note ballooning in 1993 with an original principal balance of $21,000 and with a 1993 balance of $17,000, said note to be refinanced with the Farmers and Merchants Bank of Trenton, Florida, in accordance with a proposed interest bearing note for a five-year loan, a copy of which is attached hereto, and

WHEREAS, the BOARD OF COUNTY COMMISSIONERS determines that the terms of that note as proposed are acceptable in form and content and represent the best interest of the citizens of Gilchrist County as providing the means to secure the funds to continue the acquisition of the property as above described.

NOW, THEREFORE, BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS of Gilchrist County, Florida, that the note as proposed and as attached hereto, be, and is hereby granted approval, and the appropriate officials of Gilchrist County are hereby authorized to execute that note with the Farmers and Merchants Bank of Trenton, in order to secure the necessary funds to finance the balloon payment now coming due.

RESOLVED this 1st day of November, 1993 at the regular meeting of the Board of County Commissioners, in and for Gilchrist County, Florida.

BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA



/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk



Mr. Burt presented an agreement between the City of Trenton and Gilchrist County for mosquito control for fiscal year 1993-94. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to approve the agreement. The motion carried unanimously.



Mr. Burt discussed with the Board two unplatted subdivisions, Cypress Shores and Santa Fe Oasis. Mr. Burt stated that he has not gathered information of other unplatted subdivisions that may be in a similar situation however, he would like to resolve these two if possible. Apparently some lots were sold years ago and the owner are now ready to build on the lots but are unable to obtain a permit. Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to grant a variance to the subdivision ordinance, for Lot 14, Block D, Santa Fe Oasis and a tract of land situated in Government Lot 8, Section 28, Township 6 South, Range 15 East, in Cypress Shores. The motion carried unanimously.



Mr. Burt requested permission from the Board to attend a Cable T. V. Law Seminar on November 9th. The Board unanimously approved the request, following a motion from Commissioner Bush, which was seconded by Commissioner Sheffield.



The Board discussed the recent proposed water policy, and their opposition to more stringent regulations. Following discussion, the Board unanimously adopted a resolution opposing the proposed policy, upon a motion from Commissioner Sheffield, seconded by Commissioner Suggs. The resolution follows:



RESOLUTION 93-57



WHEREAS, the Department of Environmental Protection of the State of Florida has proposed modification to Chapter 17-40, F. A. C., Water Policy, and

WHEREAS, the Water Policy, as proposed to be amended, would prohibitively restrict private water rights as to water and water usage,

NOW, THEREFORE BE IT RESOLVED, by the Gilchrist County Board of County Commissioners that Gilchrist County opposes the Amendment to Chapter 17-40, F. A. C., Water Policy as it was expressed at a public meeting on August 19, 1993 and Gilchrist County further requests that the Department of Environmental Protection modify its position and not modify the Water Policy as presently in place.

RESOLVED this 1st day of November, 1993.

GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS

/s/Fred Wilkerson, Chairman



ATTEST:



/s/Jackie R. Barron, Clerk





















There being no further business to discuss, a motion to adjourn at 9:30 p.m., was made by Commissioner Bush, seconded by Commissioner Suggs, and unanimously approved.



APPROVED:







FRED WILKERSON, CHAIRMAN

ATTEST:







JACKIE R. BARRON, CLERK