MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD DECEMBER 5, 1994.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on December 5, 1994, 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, Ron McQueen, Emergency Management/County Coordinator, Sherree Pitzarell, Cheryl Watson & Carolyn Thomas, Deputy Clerks, Edgar Langford, Deputy Tax Collector, Jean Ridgeway, Ted Burt Law Offices, Maggie Edwards, Gilchrist Titles, Danny Hales, Regional Library Director, Wilma Mattucci, County Librarian, Albert Martin, construction supervisor, Gene Parrish, Parrish Land Surveyors, Barbara Wray Suggs, Ginnie Springs, Sheriff Floyd & Chief Deputy Cooper, Gilchrist County Sheriff's Department, Paul Martin, Sarah Collis county resident.



The Board unanimously approved the following minutes upon motion from Commissioner Suggs, which was seconded by Commissioner Sheffield:



August 18, 1994 @ 1:00 p.m.

August 18, 1994 @ 4:00 p.m.

August 22, 1994 @ 9:00 a.m.

August 22, 1994 @ 1:30 p.m.



Consent Agenda:



Commissioner Suggs made a motion to remove item number 5 from the consent agenda, for discussion when the Sheriff is scheduled to appear later today. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Commissioner Suggs made a motion to approve the remaining consent items listed below. The motion was seconded by Commissioner Sheffield, and unanimously approved:



1. CDBG Citizens Participation Policy



2. CDBG Task Force Appointees



3. Library contract with Suwannee County for FY 94-95



4. Marine Litter Control Grant



6. SHIP Loan application for G. Stalvey



7. Bonds for commissioners Wilkerson and Sheffield



Attorney's Report:



Mr. Burt stated that he received a call from a local realtor who has a client interested in purchasing 40 acres and dividing it into 4 ten acre tracts. Mr. Burt stated that a subdivision does not require platting if it is 3 tracts of 10 or more acres and 2 less than 10 acres. According to Mr. Burt, the Board has approved 4 tens without platting, and Mr. Burt would like clarification. Mr. Barron and Mr. McQueen agreed that according to the county's comprehensive plan, 4 or more divisions require a plat. According to Mr. Barron, it appears that the land development regulations and the comprehensive plan are inconsistent. Following discussion, the Board agreed that it was not their intention to require that 4 ten acre tracts be platted. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to amend the comprehensive plan, retroactively, if possible, to allow a division of 4 ten acre tracts without platting. The motion carried unanimously.



Mr. Burt passed out a sample of the ordinance codification. The project has not yet been completed.



Mr. Burt announced that he has received notice that the Department of Community of Affairs is holding a workshop on CDBG rules. One proposed change would be the method of calculating minorities. This change, if implemented, could have a negative impact on Gilchrist County's CDBG grant awards. Mr. Dick Edwards, CDBG grant consultant, sent a draft letter that he would like to the Board to execute, urging DCA not to change its method of calculating minority populations. Commissioner Suggs made a motion to authorize the Chairman to sign the letter. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Mr. Burt stated that he has reviewed the contract with Dick Edwards, CPC, and it appears to be okay. The rate of compensation is stated as 13.5% or negotiated amount. Commissioner Suggs made a motion to approve the contract with Dick Edwards, CPC, and to appoint Mr. McQueen to serve as the contact person for Gilchrist County. The motion was seconded by Commissioner Cannon, and unanimously approved.



Mr. Burt asked the Board if they still wish to hold a public hearing in January regarding a ban on casino gambling in Gilchrist County, since the proposal was defeated statewide on the November ballot. The Board stated they would not hold a public hearing in January.



Mr. Burt stated that Gilchrist County may want to join or work with Dixie County in the pursuit of franchise fees. Apparently Dixie County is also looking into franchise fees and the assistance of Nabors, Nickerson, & Giblin may be needed. If so, the two counties could share the cost. Mr. Barron stated to the Board that the recent amendment approved on the ballot in November, which limits state revenues, could decrease or eliminate some of the county's state revenues, such as state revenue sharing and small county kicker. If this should happen, the Board's financial position could experience a negative impact, unless some other source of revenue (such as franchise fees) are in place.



Mr. Burt stated that the lease agreement with the School Board terminates in April 1996.



Mr. Burt reported that Alachua County has agreed to reinsert the clause that the maximum cost for Gilchrist County's expenditures for the hazardous waste collection will be $4000, plus the cost of advertising. Last year, the county expended approximately $2500. Mr. Burt recommends approval of the agreement. Commissioner Bush made a motion, seconded by Commissioner Cannon to approve the contract. The motion carried unanimously.



Mr. Burt drafted an ordinance as the Board requested, exempting certain agricultural structures from impact fees. Following discussion, Commissioner Sheffield made a motion to not change the impact fee ordinance. The motion was seconded by Commissioner Bush and unanimously approved.



Construction Report:



Mr. Martin reported that the existing south wall of the library building was not stable enough and had to be removed. Apparently the foundation was not secured, which weakened the south wall. Mr. Martin added that another footer has been poured to correct the problem.



Mr. Martin stated that he does not have enough 4" line to run from the city's line to the jail. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize Mr. Martin to order the 4" line necessary to complete the project. The motion carried unanimously.



Attorney's Report (cont.):



Mr. Burt stated that information has been gathered for the Board to hold a workshop on unrecorded subdivisions. He suggests a 2-3 hour workshop, and that the comprehensive plan amendment previously discussed be further discussed at the workshop. Upon advice of counsel, Commissioner Suggs made a motion to rescind her pervious motion to amend the comprehensive plan in regards to plat requirements. The motion was seconded by Commissioner Cannon, and unanimously approved. The Board agreed to set a workshop for Monday, January 24, 1995, at 6:00 p.m. Mr. Barron stated that it would be helpful to know when the first lot of each of the unrecorded subdivisions was sold. Chairman Wilkerson asked that the local realtors be notified of the workshop.



Clerk's Report:



Mr. Barron presented bills for the Board's consideration. Commissioner Cannon made a motion, seconded by Commissioner Suggs to approve the bills. The motion carried unanimously.



Mr. Danny Hales, regional library director, asked if the Board has a policy regarding employees attending classes during working hours. Mr. Barron stated that they did not, however, they have paid employees' tuition for successful completion of classes which enhance the employees job skills and knowledge.



Mr. Barron reviewed the fund balance reports for each fund, as of September 30, 1994. Mr. Barron stated that he does not feel that general revenue fund can bear the cost of carry-overs, as in the past, and he expects the Board will be requested to fund some of those carry-overs today. According to Mr. Barron, four budgets were overspent last fiscal year: State Attorney/Public Defender Trust Fund, Fine & Forfeiture Trust Fund, Impact Fee, and Solid Waste. Mr. Barron feels that the reason these budgets were overspent was the inability to track expenditures. Implementation of the purchase orders should eliminate that problem, and as of December 1, 1994, no blanket purchase orders will be issued.



Jean Jerrells- Weatherization Program:



Mr. Jerrells reviewed a report of the programs offered through the Suwannee River Economic Council. Currently, in addition to the weatherization program, they are utilizing funds from Farmers Home and Florida Fix, providing they meet the required criteria. They continue to offer assistance through the LIHEAP program for heating expenses, and though commodities are dwindling, they continue to distribute every other month. Ms. Jerrells stated that they offer a program for homebound, low income persons, aged 18-59, where they deliver a 30 day supply of food items. Currently, their funding only allows for two county residents to receive these services.



Bell Forest Subdivision- Final Plat:



Mr. Gene Parrish, Parrish Land Surveyors, presented a final plat on behalf of Bob Phillips, the owner. According to Mr. Parrish, Mr. Phillips is willing to dedicate 30 feet to widen the county rock road, providing the county will do the widening. It was discussed in a previous meeting that the county uses this road extensively to access a rock pit. There followed discussion regarding the plat filing process. The final plat should go to Mr. Rehberg first, and he will circulate it to others, such as the county's engineer, road superintendent, etc., prior to review by the Board of County Commissioners. Mr. Burt recommends approval, subject to a resolution regarding the road dedication, and approval by others required to sign the final plat. Commissioner Cannon made a motion, to approve the final plat, subject to the approval of other persons required to sign the final plat, and to grant a variance, by resolution, to the road development and maintenance requirements since the county will utilize the road to access the rock pit. The motion was seconded by Commissioner Bush, and unanimously approved.



RESOLUTION 94-48:A



RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA.



WHEREAS, Dennis Cox and Yvonne Harrell have filed a preliminary plat for a subdivision to be known as Bell Forest Subdivision; and



WHEREAS, the County has among its Land Development Regulations that on new subdivisions, all existing County roads servicing that subdivision be brought up to County standards; and



WHEREAS, a County road, known as North West 67th Place, runs along with Northern edge of the subdivision to be known as Bell Forest; and



WHEREAS, the said road provides access to the County rock pit; and



WHEREAS, County rock trucks utilizing that road cause more wear on that road an anticipated additional traffic caused by the new development;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the requirement to upgrade North West 67th Place to County standards is hereby waived for purposes of "platting" Bell Forest Subdivision.



RESOLVED this 5th day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Zoning Variance- Paul Martin:



Mr. Paul Martin spoke to the Board requesting a variance to the zoning ordinance to put another trailer on lot 41 (16.6 acres) of his property. This parcel is located in a recorded subdivision, where the requirement is 1 dwelling per ten acres. Mr. Martin claims that he can no longer care for his property and would like to move a mobile home onto his property for a caretaker to live in. The Board stated that it sounds as if Mr. Martin is seeking a hardship variance, and asked Mr. Rehberg if he could issue one. Mr. Rehberg replied that if Mr. Martin could get a septic tank permit, he could issue a hardship variance, which is valid for five years. A mobile home permit would be required once the septic tank permit is issued.



Sealed Bids on Surplus Lumber:



Bidder Lot 1 Lot 2 Lot 3 Lot 4



Billy Hurst 331.00 87.75 28.50

Dale VanLandingham 51.50 176.50

Allen Luzader 155.00 175.00 105.00 20.00

Walter Waldron 50.00 400.00 150.00

Tim Hastings 85.00 212.00



The above bids were opened and read aloud by Mr. Barron. Following discussion, the Board unanimously agreed, upon motion from Commissioner Bush, which was seconded by Commissioner Sheffield, to reject all bids and re-advertise the surplus lumber, storing it inside the Sheriff's compound, after an inventory.



The Board recessed for lunch at 12:00 noon and reconvened at 1:05 p.m.



Public Hearing- Tax Exemption Application for Ginnie Springs:



The Board held a public hearing to consider a tax exemption application for the expansion of an existing business, Ginnie Springs. Currently, Ginnie Springs generates approximately $20,000 per year in sales tax and about $6000 per year is paid in property taxes. This tax exemption will not apply to real property, or to existing personal property. The exemption is sought only for the new expansion, which will be approximately 3500 sq. ft. Ms. Suggs stated that she intends to pull permits next week for construction, in order to be completed by the beginning of the dive season. Ms. Suggs added that she expects her staff to increase by 10% during the season, as a result of the expansion.



Mr. Burt distributed copies of the statute relating to this type of tax exemption. Mr. Burt stated that it is his opinion that the business does not qualify for the exemption, and feels that it could be challenged for the following reasons: according to Florida Statute 196.012(16), "expansion of an existing business means a business establishing 10 or more jobs to employ 10 or more full-time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant, or a business establishing 25 or more jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s.220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed, provided that such business increases operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent". Another issue is that the electorate did not pass the authority for the Board to continue to grant these exemptions. Mr. Barron stated that Ms. Suggs filed her application prior to the deadline, when the tax exemption was still in effect. Ms. Suggs stated that she intends to continue with her construction plans, whether or not the exemption is granted. Mr. Burt stated that if the Board grants the exemption and it is challenged, Ms. Suggs would not get the exemption, and would be liable to pay the taxes. Commissioner Suggs made a motion, seconded by Commissioner Bush, to adopt the ordinance, granting the tax exemption. The motion passed by split vote as follows:



Suggs- Yes

Bush- Yes

Cannon- Yes

Wilkerson- Yes

Sheffield- No



ORDINANCE 94-15



AN ORDINANCE GRANTING PROPERTY TAX EXEMPTION TO GINNIE

SPRINGS RESORT AND BARBARA D. WRAY, PURSUANT TO CHAPTER

196, FLORIDA STATUTES; STATING THE NAME AND ADDRESS OF

THE BUSINESS; STATING THE COUNTY REVENUE AND REVENUE LOSS

ATTRIBUTABLE TO THE GRANTING OF THE EXEMPTION; DETERMINING

THAT THE EXEMPTION MEETS THE REQUIREMENTS OF CHAPTER 196,

FLORIDA STATUTES; DETERMINING THE PERCENT OF THE EXEMPTION;

DETERMINING THE PERIOD OF TIME FOR WHICH THE EXEMPTION WILL

REMAIN IN EFFECT; DESCRIBING THE PROPERTY SUBJECT TO THE

EXEMPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN

EFFECTIVE DATE.



WHEREAS, BARBARA D. WRAY, d/b/a GINNIE SPRINGS RESORT, applied on October 29, 1994, for a property tax exemption for expansion of an existing business; and



WHEREAS, at the time of the application, the Gilchrist County Board of County Commissioners had authority to grant such exemptions under Section 196.1995, Florida Statutes; and



WHEREAS, the application submitted by BARBARA D. WRAY is in conformity with the requirements of Section 169.1995(7) Florida Statutes; and



WHEREAS, the Gilchrist County Property Appraiser has provided the report as required under Section 196.1996(8) Florida Statutes; and



WHEREAS, the Board of County Commissioners in and for Gilchrist County, Florida, determined that it is in the best interest of the residents of Gilchrist County, and in order to promote new business and the expansion of existing businesses, that an exemption should be granted on the application of BARBARA D. WRAY; and



WHEREAS, the Board finds that the expansion at GINNIE SPRINGS RESORT meets the requirements of Section 196.012(16), Florida Statutes;



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



1. A property tax exemption is hereby granted to BARBARA D. WRAY, d/b/a GINNIE SPRINGS RESORT, 7300 Ginnie Springs Road, High Springs, Florida, 32643.



2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $1.7 million, approximately. The total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions is $-0-. The estimated revenue lost to the County for the current fiscal year attributable to the exemption of the business named in this Ordinance would be $-0- for the current fiscal year; however, in future years it is estimated to be $500.00 per year.



3. The exemption granted by this Ordinance will be effect through fiscal year 2005-2006.



4. The exemption granted by this Ordinance shall be 100% of the ad valorem taxes upon the assessment for the addition to existing dive shop structure, being 3,372 square feet of heated space and 1,120 square feet of porch or unheated space, expanding the country store, gift shop, rental department, office space, and employees lounge at said facility.



5. Severability. It is declared to be the intent of the Board of County Commissioners of Gilchrist County, Florida, that if any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid, or unconstitutional in any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof.



6. Effective Date. This ordinance shall take effect upon receipt of official acknowledgement from the Department of State, State of Florida that this ordinance has been filed.



ORDAINED in regular session of the Gilchrist County Board of County Commissioners, this 5th day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Sheriff Floyd- Budget Amendments:



Sheriff Floyd spoke to the Board about his carry-over from last fiscal year. According to the Sheriff, he had a total of $21,110 to return to the Board. He would like to use $9187 in Law Enforcement operating and $9187 in Corrections capital outlay. Mr. Barron stated that if the Board funds carry-overs for all constitutional officers, the total would be $76,000. Mr. Barron reminded the Board that this year, the Board adopted a general revenue fund budget with no cash carry-over and a $92,000 reserve. He added that he did not figure carry-over money coming back from the constitutional officers, because you can not accurately predict what that amount may be. As it happens, these funds come back to the Board as unanticipated revenues. Sheriff Floyd stated that he feels he will need his carry-over in order to pay for the capital improvement cost associated with 911. Mr. Barron stated that two constitutional officers, the Sheriff and the Property Appraiser have built their budgets over the last 2 or 3 years, based on their amended budgets and projected their increases from that. Mr. Barron stated that the decision to fund these requests lie with the Board, however, he feels an obligation to inform the Board of these transactions. Commissioner Bush made a motion to amend the general revenue fund, authorizing a resolution, in the amount of the Sheriff's carry-over, which is $18,376. The motion was seconded by Commissioner Cannon, and unanimously approved.



In order to transfer the funds back to the Sheriff, Commissioner Bush made a motion, seconded by commissioner Suggs, to amend the Sheriff's Law Enforcement operating budget by an increased amount of $9,188 and to amend the Sheriff's Corrections capital outlay budget by $9,188. The motion carried unanimously.



The Sheriff spoke to the Board about an application for grant funds through the COPS FAST program. As a part of the president's crime bill, the Department of Justice is accepting grant applications. This grant will fund up to $75,000 for each full time position, with the grant amount decreasing each year. Following discussion, the Board agreed to not apply for these funds, these the local match would increase each year.



The Sheriff requests that the Board increase his School Resource Officer budget by $10,589 and increase his Anti-Drug Abuse budget by $3000. According to the Sheriff, these increases are needed due to some miscalculations. He would like the Board to transfer the funds from Law Enforcement Trust Fund to General Revenue, in order to increase those budgets. Commissioner Bush made a motion, seconded by Commissioner Cannon, to amend the General Revenue Fund budget by $13,589.00, by resolution. The motion carried unanimously.



RESOLUTION 94-49



A RESOLUTION AMENDING THE GENERAL REVENUE FUND BUDGET

FOR FISCAL YEAR 1994-95.



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 the Gilchrist County General Revenue Fund for Fiscal Year 1994-95; 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 $13,589.00 of unanticipated revenues, in the form of transfers in from Law Enforcement Trust Fund and reserve for contingency (BE 9502);



NOW, THEREFORE, BE IT RESOLVED, by the Gilchrist County Board of County Commissioners, that the General Revenue Fund is hereby amended in an increased amount of $13,589.



RESOLVED this 5th day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Commissioner Suggs made a motion, seconded by Commissioner Bush, to amend the Sheriff's School Resource Budget by $10,589 and amend his Anti-Drug budget by $3000. The motion carried unanimously.



The Sheriff spoke to the Board about some budget accounts in the last fiscal year that need balanced. He would like to transfer $5,896.00 from Corrections personal services to Law Enforcement operating and equipment. In addition, he would like to transfer $2,573.00 from Corrections operating to Corrections equipment and transfer $511 from the Dare grant personal services to the Dare grant operating expenses. Mr. Barron stated that these are transfers between Law Enforcement and Corrections to balance accounts. Commissioner Cannon made a motion to approve those transfers. The motion was seconded by Commissioner Suggs, and unanimously approved.



The Sheriff spoke to the Board about creating a Selective Enforcement Units budget, funding it with monies in the Law Enforcement Trust Fund. He hopes to add four more positions, which will primarily function as investigators for drug cases, as well as crime scene investigations. Following discussion, the Board unanimously agreed to transfer $100,000 from LETF to establish a Selective Enforcement Units budget, upon motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



Clerk's Report (cont.):



Mr. Barron presented budget entries 9422-9424, which balance accounts in General Revenue to last fiscal year. Commissioner Suggs made a motion to approve those budget entries. The motion was seconded by Commissioner Bush, and unanimously approved.



Mr. Barron presented the following budget entries, which balance funds for last fiscal year: 9425- MSTU, 9426- Transportation Trust, 9427- State Attorney/Public Defender, 9428- Fine & Forfeiture, 9429- SHIP, 9430- Capital Outlay, 9431- EMS, 9432- Solid Waste, 9433- Transportation Impact, and 9434- General Revenue. Commissioner Bush made a motion to approve these transfers. The motion was seconded by Commissioner Cannon, and unanimously approved.



Mr. Barron presented budget entry 9435, and explained that this will transfer $15,969.00 from General Revenue Fund to Transportation Trust for the purchase of the Bobcat. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to amend Transportation Trust Fund, by resolution, in an increased amount of $15,969.00. The motion carried unanimously.



94-50



A RESOLUTION AMENDING THE TRANSPORTATION TRUST FUND

BUDGET FOR FISCAL YEAR 1994-95.



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 the Gilchrist County Transportation Trust Fund for Fiscal Year 1994-95; 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 $15,969.00 of unanticipated revenues, in the form of a transfer from General Revenue;



NOW, THEREFORE, BE IT RESOLVED, by the Gilchrist County Board of County Commissioners, that the Transportation Trust Fund is hereby amended in an increased amount of $15,969.00.



RESOLVED this 5 day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Barron presented budget entry 9501 to amend the fiscal year 93-94 balance forward for Law Enforcement Trust Fund by $76,027. Commissioner Suggs made a motion, seconded by Commissioner Bush, to amend LETF, by resolution, in an increased amount of $76,027. The motion carried unanimously.



RESOLUTION 94-51



A RESOLUTION AMENDING THE LAW ENFORCEMENT TRUST FUND BUDGET

FOR FISCAL YEAR 1993-94.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County Law Enforcement Trust Fund budget for Fiscal Year 1993-94; 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 $76,027 of unanticipated revenues, (BE9501);



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 $76,027.



RESOVLVED this 5th day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Barron presented budget entry 9503 for the Board's consideration. This budget entry would increase Law Enforcement Trust Fund by $67,000.00. Commissioner Suggs made a motion, seconded by Commissioner Bush, to amend LETF by resolution, in an increased amount of $67,000. The motion carried unanimously.



RESOLUTION 94-52



A RESOLUTION AMENDING THE LAW ENFORCEMENT TRUST FUND

BUDGET FOR FISCAL YEAR 1994-95.



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 the Gilchrist County Law Enforcement Trust Fund for Fiscal Year 1994-95; 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 $67,000 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 $67,000.



RESOLVED this 5th day of December, 1994.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Sealed Bids- Road Department Equipment:



Mr. McQueen reported that bids for two road department pick-up trucks have been received; one from Tommy Parrish and one from Roy Mauthner. Sealed bids were opened for these pick-ups during last month's meeting. At that time, both these individuals had submitted a bid, however, the bids were awarded to others who had submitted a higher bid. Mr. McQueen stated that he does not know why they are submitting another bid.



Mr. McQueen stated that only one bid has been received for the two surplus motor graders. The bid was opened and read aloud. Ring Power submits a bid of $5000 for the grader, serial number 14K02108 and $6000 for the other grader, serial number 10R02976. No bids were received for the dozer or Wabco grader. The Board unanimously agreed to re-bid the dozer and Wabco grader, or sell them at Weeks Auction, upon motion from Commissioner Suggs, which was seconded by Commissioner Cannon. Commissioner Sheffield made a motion to award the bid to Ring Power for the graders they bid on. The motion was seconded by Commissioner Cannon. Commissioner Suggs stated that she felt they could get more money for those graders that what Ring Power has offered. The motion passed by split vote as follows:



Sheffield - Yes

Cannon- Yes

Bush- Yes

Wilkerson- Yes

Suggs- No



County Coordinator's Report- Ron McQueen:



Mr. McQueen reported that all departmental reports are now being submitted to him. Mr. McQueen stated that changes are needed in the road department, and those changes will involve the way the Board will interact with the employees of that department. He stated that he met with the Department as a group, and listened to their concerns. Some admitted that productivity is low, and some used the excuse that low pay results in low productivity. Though the pay is low, they agreed to work for those wages when they were hired and should not use the pay rate for an excuse not to produce. He invited each of them to come by and speak to him individually, and to date, seven employees have visited with him. Mr. McQueen stated that he has evaluated the department and has recommendations, which he will distribute at the end of the meeting. He would first like to clarify his position as it relates to the road department. Mr. McQueen stated that since one of his responsibilities is to supervise the Board's department heads, he will need authority to do so, without Board interference. Mr. McQueen stated that the Board should set policy for it's departments, and he and the department heads should be responsible for enforcing those policies. For instance, if an employee has a grievance or complaint, he should first speak to his supervisor. If the supervisor is unable to resolve the issue, the employee should bring his grievance to Mr. McQueen. If Mr. McQueen is unable to resolve the problem, it will then come before the Board. This procedure is defined in the Board's personnel policy. However, this procedure has not been followed. In the past, if an employee has a complaint, he calls the commissioners at home, and the commissioners confront the department head, who may not even be aware of the complaint or situation. Mr. McQueen reported that 8 road department employees make under $13,500 per year and that figure was used to determine raise amounts this year. He added that he would like to raise some salaries, depending on the employees' efforts. It is Mr. McQueen's opinion that more productivity is needed from the current employees, rather than hiring more employees.



Clerk's Report (cont.):



Mr. Barron stated that he has received an "800" phone contract with the Division of Communications. This is a state contract which will eliminate our need for so many foreign exchanges. The Board advised Mr. Barron to pursue the contract.



Mr. Barron stated that he met with Tonya Gainey to discuss mowing and garbage pick-up at the county's parks/boat ramps during the winter months. Ms. Gainey agreed to pick up the garbage once a week, and mow as needed, at the same rate per pick up or mowing as in effect from April through November.



Mr. Barron spoke to the Board about the Park Board and it's finances. The Park Board recently received notice from the Department of Environmental Protection that a water filtration system will be required at the expiration of 18 months from the date the notice was issued. After meeting with the Park Board, they are in agreement that their finances are not sufficient to properly operate Hart Springs. Mr. Barron suggests that the Board pass a resolution requesting the School Board to deed over their interest in the property to the County Commission, and petition the legislative delegation to abolish the Park Board, transferring their assets to the Board of County Commissioners. Mr. Barron reminded the Board that since the Park Board was established by the legislature, it will take legislative action to abolish the Park Board. The School Board has already discussed this issue and though they did not vote, they agreed that they were willing to deed their interest to the county if the county promised not to sell the property, transport water out of the springs to south Florida, and make the park available to them for educational purposes. The legislative delegation will be here sometime during January or February. Commissioner Suggs made a motion, seconded by Commissioner Sheffield to request, by resolution, that the School Board deed its interest in the Hart Springs property to the Board of County Commissioners. The motion carried unanimously.



RESOLUTION 94-53



WHEREAS, the Gilchrist County Park Board of Gilchrist County, Florida, was created for purposes of operating and maintaining the park system in Gilchrist County, Florida; and



WHEREAS, property was conveyed to both the School Board of Gilchrist County and the Gilchrist County Commission for purposes of establishing a park at Hart Springs to be operated and managed by the Gilchrist County Park Board; and



WHEREAS, the Gilchrist County Commission will be requesting the Gilchrist County Legislative Delegation to dissolve the Gilchrist County Park Board; and



WHEREAS, the Gilchrist County Commission has the means and ability to manage the park system in Gilchrist County; and



WHEREAS, the School Board of Gilchrist County does not have the legal capacity to operate a park system nor the ability to raise finances to operate a park system; and



WHEREAS, the best interest of the citizens of Gilchrist County would be served by a conveyance by the Gilchrist County School Board to Gilchrist County of a fee simple interest in the Hart Springs property;



NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Gilchrist County, Florida that by this resolution the Gilchrist County Commissioners request the School Board of Gilchrist County to adopt a resolution authorizing the conveyance of its interest in the Hart Springs property and to so convey its interest in the said Hart Springs property to the Gilchrist County Board of County Commissioners providing that the School Board of Gilchrist County would retain its right to maintain an educational/research facility on the said Hart Springs property and that the property will, in the future, be available for use by the school system for educational or research functions; and, further provided, the said Hart Springs property will always be owned by Gilchrist County and will not be sold by Gilchrist County without prior approval of the Gilchrist County School Board.



BE IT FURTHER RESOLVED that the Gilchrist County School Board pass a resolution that any Race Track funds allocated to the Gilchrist County Park Board for operation of the Hart Springs property be reallocated to the General Fund of the Gilchrist County Board of County Commissioners should the Gilchrist County Park Board be dissolved by Legislative Act.



RESOLVED this 5th day of December, 1994.



GILCHRIST COUNTY BOARD OF

COUNTY COMMISSIONERS

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk

Public Hearing- Comprehensive Plan Amendments:



Mr. Scott Koons, North Central Florida Regional Planning Council, spoke to the Board regarding four plan amendments, which were previously transmitted by the Board to the Department of Community Affairs. DCA has reviewed the amendments and has recommended a course of action for CPA 94-01. This amendment was submitted by Joan and Edwin McAlpin to amend the Future Land Use Plan Map of the County's Comprehensive Plan, by changing the land use on approximately 25 acres from Silviculture/Agriculture (less than or equal to 1 dwelling unit per 160 acres and less than or equal to 1 development unit per 10 acres). DCA finds that, "the amendment site is identified on the adopted Future Land Use Map as being located within the Agriculture/Silviculture land use category. The boundaries of the Agriculture/Silviculture land use category generally represent the extent of the area known as the Wacasassa Flats. Many of the maps included within the County's adopted Comprehensive Plan depict the amendment parcel as being located within the geographical extent of the Wacasassa Flats. This amendment is not supported by relevant data and analysis and is internally inconsistent with the maps included in the plan and with the protection of natural resources and site suitability. DCA recommends that the county, "include data and analysis to show whether or not the amendment site is located within the geographical extent of the Wacasassa Flats. The map series should be revised accordingly to reflect this data. The site suitability analysis should be revised to include a more detailed analysis of the existing uses found on the amendment parcel; the suitability of the proposed use with the soils found on the amendment parcel; the impacts from septic tanks upon natural resources; and the potential for flooding on the site. The County should also include a detailed analysis of why the existing land use classification is inadequate and how the proposed density was determined. Parcels to the north, south, east, and west are designated at lower densities. This amendment appears to be 'spot planning'. The supporting data and analysis should also indicate whether or not the parcel is an existing lot or record and whether or not the parcel can be combined with any other adjacent lots that may be in common ownership. If the amendment site is located within the geographical extent of the Wacasassa Flats or if the parcel can be combined to meet the existing density requirements the amendment should not be adopted." Mr. Koons agrees that the Plan does not identify the boundaries of the flats, and that this parcel is within the edge of the Flats. According to Mr. Koons, the Board can approve the amendment and DCA will review it as adopted. If DCA finds it in compliance, it will become effective, otherwise, it could possibly enter into administrative hearings. The Board also has the option of not approving the amendment. Mr. Barron stated that DCA is correct in it's findings and the Board should consider denying the amendment. Commissioner Suggs made a motion to accept DCA's recommendations and deny the amendment. The motion died for lack of a second. The Board asked Mr. Koons if he agrees with DCA. Mr. Koons stated that he did concur with DCA and added that the McAlpins could re-file their amendment application, providing more information for DCA to make a determination. Commissioner Sheffield made a motion to deny the amendment. The motion was seconded by Commissioner Cannon, and unanimously approved.



Mr. Koons reviewed DCA's comments regarding CPA 94-2, submitted by the Board of County Commissioners to amend the Future Land use Plan Map of the County's Comprehensive Plan, by changing the land use on a parcel containing approximately 23.88 acres from agriculture-2 (less than or equal to one dwelling unit per 5 acres) to commercial. Basically, the amendment is needed because the property was designated in the wrong place on the Land Use Map, and this amendment could make that correction. DCA has no objections, however, one comment was received from DOT, requesting the county to not the new level of service standards adopted in 1992 for S.R. 26, which is a part of the Florida Intrastate Highway System. Commissioner Cannon made a motion to adopt an ordinance amending the county's Future Land Use Map. The motion was seconded by Commissioner Suggs, and unanimously approved.



ORDINANCE 94-12



AN ORDINANCE AMENDING ORDINANCE NO. 91-10, AS AMENDED,

RELATING TO AMENDMENT TO THE FUTURE LAND USE PLAN MAP

OF THE GILCHRIST COUNTY COMPREHENSIVE PLAN, UNDER THE

REGULAR AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS

163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING

FOR A CHANGE IN LAND USE CLASSIFICATION FROM AGRICUL-

TURE-2 (LESS THAN OR EQUAL TO 1 DWELLING UNIT PER 5

ACRES) TO COMMERCIAL OF CERTAIN LANDS WITHIN THE UNIN-

CORPORATED AREA OF THE COUNTY; PROVIDING SEVERABILITY;

REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING

AN EFFECTIVE DATE.



WHEREAS, Section 125.01, Florida Statutes, empowers the Board of County Commissioners of Gilchrist County, hereinafter referred to as the Board of County Commissioners, to prepare, adopt and implement a Comprehensive Plan;



WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Board of County Commissioners to prepare, adopt and implement a Comprehensive Plan;



WHEREAS, an application, CPA-2, for an amendment, as described below, to the Future Land Use Plan Map of the Gilchrist County Comprehensive Plan, hereinafter referred to as the County's Comprehensive Plan has been filed with the County;



WHEREAS, the Gilchrist County Planning and Zoning Board, hereinafter referred to as the Planning and Zoning Board, has been designated as the County's Local Planning Agency;



WHEREAS, pursuant to Sections 163.3161 through 163.3215, Florida Statutes, and Ordinance No. 92-10, as amended, entitled the Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, the Planning and Zoning Board, serving also as the Local Planning Agency, held the required public hearing, with due public notice having been provided, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and recommended to the Board of County Commissioners approval of said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan;



WHEREAS, the Board of County Commissioners held two public hearings, with due public notice having been provided, under the provisions of the regular amendment public hearing procedures established in Sections 163.3161 to 163.3215, Florida Statutes, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearings, the Board of County Commissioners reviewed and considered all comments received during the public hearings including the recommendation of the Planning and Zoning Board, serving also as the Local Planning Agency, and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan; and



WHEREAS, the Board of County Commissioners found said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan to be compatible with the Land Use Element objectives and policies, and those of other affected elements of the Count's Comprehensive Plan.



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



Section 1. Pursuant to an application by the Board of County Commissioners to amend the Future Land Use Plan Map of the County's Comprehensive Plan by changing the land use classification of certain lands within the unincorporated area of the County, the land use classification of the following described property is hereby changed from Agriculture-2 (less than or equal to 1 dwelling unit per 5 acres) to Commercial.



The North 400 feet of a parcel described as follows:

Commence at the South 1/4 Section Corner of Section 15,

Township 10 South, Range 14 East, for a point of reference.

Thence run along the said 1/4 Section line, North 00 degrees 30 minutes 58 second West, 1,312.45 feet; thence run South 89 degrees 49 minutes 29 seconds West, 30.00

feet to the point of beginning, thence run North 00 degrees, 30 minutes 58 seconds West, 1,043.30 feet; thence

run South 89 degrees 39 minutes 51 seconds West, 2,626.61

feet; thence run South 00 degrees 22 minutes 15 seconds

East, 989.56 feet; thence run North 89 degrees 49 minutes

29 seconds East, 2,628.89 feet to the point of beginning.

Containing 23.88 acres, more or less.



Section 2. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect.



Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.



Section 4. Effective Date. This Ordinance shall be filed with the Office of the Secretary of State of Florida and shall take effect upon receipt of the official acknowledgement from the Secretary of State that said ordinance has been filed with that office.



The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.



Section 5. Authority. This Ordinance is adopted pursuant to the authority granted by Section 125.01 and Section 163.3161 through 163.3215, Florida Statutes.



PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of County Commissioners in regular session this 5th day of December, 1994.



GILCHRIST COUNTY

BOARD OF COUNTY COMMISSIONERS

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Koons presented CPA 94-3 for the Board consideration. This amendment identifies all the small tracts of land owned by the county, which were not previously included in the County Future Land Use Plan Map. DCA has reviewed the amendment and has no objections. All but two parcels are less than 10 acre tracts. Commissioner Bush made a motion, seconded by Commissioner Suggs, to adopt an ordinance to amend the Comprehensive Plan to include all county owned property on the County Future Land Use Plan Map. The motion carried unanimously.



ORDINANCE 94-13



AN ORDINANCE AMENDING ORDINANCE NO. 91-10, AS AMENDED,

RELATING TO AMENDMENT TO THE FUTURE LAND USE PLAN MAP

OF THE GILCHRIST COUNTY COMPREHENSIVE PLAN, UNDER THE

REGULAR AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS

163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING

FOR A CHANGE IN LAND USE CLASSIFICATION FROM AGRICUL-

TURE-2 (LESS THAN OR EQUAL TO ONE DWELLING UNIT PER 5

ACRES) AND AGRICULTURE-5 (LESS THAN OR EQUAL TO ONE

DWELLING UNIT PER 40 ACRES) TO PUBLIC OF CERTAIN LANDS

WITHIN THE UNINCORPORATED AREA OF THE COUNTY; AMENDING

THE FUTURE LAND USE PLAN MAP BY ADDING TO APPENDIX A OF

THE COMPREHENSIVE PLAN AN ATTACHMENT TO THE FUTURE LAND

USE PLAN MAP, ENTITLED PUBLIC USE LEGAL DESCRIPTIONS NOT

SHOWN ON THE FUTURE LAND USE PLAN MAP; PROVIDING SEVER-

ABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND

PROVIDING AN EFFECTIVE DATE.



WHEREAS, Section 125.01, Florida Statutes, empowers the Board of County Commissioners of Gilchrist County, hereinafter referred to as the Board of County, to prepare, adopt and implement a Comprehensive Plan;



WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Board of County Commissioners to prepare, adopt and implement a Comprehensive Plan;



WHEREAS, an application, CPA 94-3, for an amendment, as described below, to the Future Land Use Plan Map of the Gilchrist County Comprehensive Plan, hereinafter referred to as the County's Comprehensive Plan has been filed with the County;



WHEREAS, the Gilchrist County Planning and Zoning Board, hereinafter referred to as the Planning and Zoning Board, has been designated as the County's Local Planning Agency;



WHEREAS, pursuant to Sections 163.3161 through 163.3215, Florida Statutes, and Ordinance No. 92-10, as amended, entitled the Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, the Planning and Zoning Board, serving also as the Local Planning Agency, held the required public hearing, with due public notice having been provided, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and recommended to the Board of County Commissioners approval of said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan;



WHEREAS, the Board of County Commissioners held two public hearings, with due public notice having been provided, under the provisions of the regular amendment public hearing procedures established in Sections 163.3161 to 163.3215, Florida Statutes, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearings, the Board of County Commissioners reviewed and considered all comments received during the public hearings including the recommendation of the Planning and Zoning Board, serving also as the Local Planning Agency, and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan; and



WHEREAS, the Board of County Commissioners found said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan to be compatible with the Land Use Element objectives and policies, and those of other affected elements of the County's Comprehensive Plan.



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



Section 1. Pursuant to an application by the Board of County Commissioners to amend the Future Land Use Plan Map of the County's Comprehensive Plan by changing the land use classification of certain lands within the unincorporated area of the County, the land use classification of the following described property is hereby changed from Agriculture-5 (less than or equal to one dwelling unit per 40 acres) to public.



Northeast 1/4 of the Southeast 1/4 of Section 20, Township 9 South, Range 16 East, Gilchrist County, Florida. Con-

taining 40 acres, more or less.



Section 2. Pursuant to an application by the Board of County Commissioners to amend the Future Land Use Plan Map of the County's Comprehensive Plan by changing the land use classification of certain lands within the unincorporated area of the County, the land use classification of the following described property is hereby changed from Agriculture-2 (less than or equal to one dwelling unit per 5 acres) to public.



Northwest 1/4 of the Southeast 1/4 of Section 20, Township

7 South, Range 15 East, Gilchrist County, Florida. Con-

taining 40 acres, more or less.



Section 3. Pursuant to an application by the Board of County Commissioners to amend the Future Land Use Plan Map of the County's Comprehensive Plan by adding to Appendix A an Attachment to the Future Land Use Plan Map, entitled Public Use Legal Descriptions Not Shown on the Future Land Use Plan Map, an Attachment, dated December 5, 1994, to the Future Land Use Plan Map, entitled Public Use Legal Descriptions Now Shown on the Future Land Use Plan Map, is hereby added to the Future Land Use Plan Map of the County's Comprehensive Plan.



Section 4. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect.



Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.



Section 6. Effective Date. This Ordinance shall be filed with the Office of the Secretary of State of Florida and shall take effect upon receipt of the official acknowledgement from the Secretary of State that said ordinance has been filed with that office.



The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida, 32399-2100.



Section 7. Authority. This Ordinance is adopted pursuant to the authority granted by Section 125.01 and Section 163.3161 through 163.3215, Florida Statutes.



PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of County Commissioners in regular session this 5th day of December, 1994.



GILCHRIST COUNTY

BOARD OF COUNTY COMMISSIONERS

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Koons presented CPA 94-4 for the Board's review and consideration. This amendment would add the county owned recreational lands to the Future Land Use Plan Map. There are 18, all less than 10 acres, that did not appear on the map. DCA has reviewed the amendment and has no objections. Commissioner Cannon made a motion to adopt an ordinance to include the county's recreational lands on the Future Land Use Plan Map. The motion was seconded by Commissioner Suggs, and unanimously approved.



ORDINANCE 94-14



AN ORDINANCE AMENDING ORDINANCE NO. 91-10, AS AMENDED,

RELATING TO AMENDMENT TO THE FUTURE LAND USE PLAN MAP

OF THE GILCHRIST COUNTY COMPREHENSIVE PLAN, UNDER THE

REGULAR AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS

163.3161 THROUGH 163.3215, FLORIDA STATUTES; AMENDING

THE FUTURE LAND USE PLAN MAP BY ADDING TO APPENDIX A

OF THE COMPREHENSIVE PLAN AN ATTACHMENT TO THE FUTURE

LAND USE PLAN MAP, ENTITLED RECREATION USE LEGAL

DESCRIPTIONS NOT SHOWN ON THE FUTURE LAND USE MAP;

PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN

CONFLICT; AND PROVIDING AN EFFECTIVE DATE.



WHEREAS, Section 125.01, Florida Statutes, empowers the Board of County Commissioners of Gilchrist County, hereinafter referred to as the Board of County Commissioners, to prepare, adopt and implement a Comprehensive Plan;



WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Board of County Commissioners to prepare, adopt and implement a Comprehensive Plan;

WHEREAS, an application, CPA 94-4, for an amendment, as described below, to the Future Land Use Plan Map of the Gilchrist County Comprehensive Plan, hereinafter referred to as the County's Comprehensive Plan has been filed with the County.



WHEREAS, the Gilchrist County Planning and Zoning Board, hereinafter referred to as the Planning and Zoning Board, has been designated as the County's Local Planning Agency;



WHEREAS, pursuant to Sections 163.3161 through 163.3215, Florida Statutes, and Ordinance No. 92-10, as amended, entitled the Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, the Planning and Zoning Board, serving also as the Local Planning Agency, held the required public hearing, with due public notice having been provided, on said application for an amendment, as described below, to the Future Land use Plan Map of the County's Comprehensive Plan and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Analysis Report concerning said application for amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and recommended to the Board of County Commissioners approval of said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan;



WHEREAS, the Board of County Commissioners held two public hearings, with due public notice having been provided, under the provisions of the regular amendment public hearing procedures established in Sections 163.3161 to 163.3215, Florida Statutes, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearings, the Board of County Commissioners reviewed and considered all comments received during the public hearings including the recommendation of the Planning and Zoning Board, serving also as the Local Planning Agency, and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan; and



WHEREAS, the Board of County Commissioners found said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan to be compatible with the Land Use Element objectives and policies, and those of other affected elements of the County's Comprehensive Plan.



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



Section 1. Pursuant to an application by the Board of County Commissioners to amend the Future Land Use Plan Map, by adding to Appendix A an Attachment to the Future Land Use Plan Map, entitled Recreation Use Legal Descriptions Not Shown on the Future Land Use Plan Map, an Attachment, dated December 5, 1994, to the Future Land Use Plan Map, entitled Recreation Use Legal Descriptions Not Shown on the Future Land Use Plan Map, is hereby added to the Future Land Use Plan Map of the County's Comprehensive Plan.



Section 2. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect.



Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.



Section 4. Effective Date. This Ordinance shall be filed with the Office of the Secretary of State of Florida and shall take effect upon receipt of the official acknowledgement from the Secretary of State that said ordinance has been filed with that office.



The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida, 32399-2100



Section 5. Authority. This Ordinance is adopted pursuant to the authority granted by Section 125.01 and Section 163.3161 through 163.3215, Florida Statutes.



PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of County Commissioners in regular session this 5th day of December, 1994.



GILCHRIST COUNTY

BOARD OF COUNTY COMMISSIONERS

/s/Fred Wilkerson, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Gilchrist County Public Health Unit- Sable Bolling:



Ms. Sable Bolling presented the annual contract between the State Department of Health & Rehabilitative Services and the County. Funding by the county, referenced in the contract, is the same amount as last year's funding level. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to approve the contract. The motion carried unanimously.



Ms. Bolling requested that he Board authorize moving its modular building from Bell High School Campus to the Trenton High School Campus. Commissioner Suggs made a motion to approve her request. The motion was seconded by Commissioner Bush, and unanimously approved.



Clerk's Report (cont.):



Mr. Barron presented a SHIP loan application for Todd & Sharla Smith, for the construction of a new home. The Smiths qualify for $17,500 in SHIP funds. Commissioner Suggs made a motion, seconded by Commissioner Bush, to approve the SHIP loan. The motion carried unanimously.



Mr. Barron reported that he received information from Florida State University, Center for the Study of Population. They offer services to local governments, including small area population estimations. Mr. Barron stated that if the state would recognize new population figures, which could be provided through FSU's services, it may be worthwhile to pursue.



Mr. Barron spoke to the Board about life estates in regards to special assessment bills. According to Mr. Burt, the holder of the life estate is responsible for paying the assessment.



The Board agreed to observe the following holidays for 1995:

New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving, Christmas Eve Day, and Christmas Day.



Mr. Barron stated that Marvin Harris retired May 1, 1994, and due to an error, health insurance was not collected for the month of June from Mr. Harris. As a result, general revenue's liability account for insurance is carrying a debit balance of $147.27. Mr. Barron requests the Board write-off this amount. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to write off $147.27 from the general revenue liability account for insurance. The motion carried unanimously.



Mr. Barron stated that due to an error, Mr. Harris' life insurance was canceled. According to the policy with Southern Farm Bureau, persons are eligible to continue their coverage if they retire with 30 years service (at any age) or if they retire with at least 10 years service and have reached the age of 62. When Mr. Harris retired, he was 62. The policy was misinterpreted and his life insurance was dropped. Since that time, Mr. Harris has passed away. Mr. Barron said that he will talk to Southern Farm Bureau and see if they will reinstate coverage, since it was an unintentional error. There is also a possibility that this would be covered in the county's errors and omissions coverage. If neither insurance companies agree to pay the beneficiaries, it is Mr. Barron's recommendation that the county pay the survivors $7000, which is the amount of the policy.



Emergency Management Report:



Mr. McQueen stated that Mr. Brideson reminded him that his 6 months probationary period has passed, and he has not received an evaluation. He has submitted a request to be evaluated, and if satisfactory a raise to $14,500.00, plus the 4% which was given to other employees during the annual evaluation period in September. The Board asked Mr. McQueen his opinion of Mr. Brideson's work. Mr. McQueen stated that he was not here when Mr. Brideson was hired, and does not know the circumstances. Currently, Mr. Brideson is the VA Officer and assistant to the Emergency Management Coordinator. Mr. McQueen stated that as far as he knows, there have not been any problems with the VA side of the position. As far as emergency management is concerned, Mr. McQueen does not perceive Mr. Brideson as being a team player, and must give very specific directions to Mr. Brideson. There followed discussion as to whether Mr. Brideson would be eligible for the 4% increase, since it was an annual increase and determined that he has not been employed long enough to receive annual raises. Commissioner Sheffield made a motion to raise Mr. Brideson's salary to $14,500 annually. The motion was seconded by Commissioner Bush, and unanimously approved.



Clerk and County Coordinator:



Mr. Barron and Mr. McQueen spoke to the Board about the work performed by each. In a previous meeting, the Board appointed Mr. McQueen to serve as personnel administrator, however, the employee files are maintained by the Clerk. Mr. McQueen stated that he does not feel that additional help is needed at this time, as he takes on more functions, however, he does recognize a need to shift some duties. He would like to take property records from Ms. Latner, to free some time for her to maintain personnel files and worker's compensation. He could transfer the property records to Mr. Brideson. Ms. Strickland has absorbed the special assessment lien collections, and is doing a good job. Mr. McQueen reminded the Board that Mr. Rehberg is expecting some relief with the land development regulations. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to authorize Mr. Burt to draft an ordinance designating Mr. McQueen as the Planning & Zoning Administrator. The motion carried unanimously. The Board agreed to transfer personnel records to Mr. McQueen.



Mr. Barron reported that the second round of tests results for the monitoring wells at the landfill were good.



Mr. Barron presented a bill for the Board's consideration, for the repair of a generator at the jail, in the amount of $1084.66. The Board agreed to pay the bill.



Mr. McQueen stated that the wrong meters came in for the jail water lines, which are 4 inch. They are waiting for the correct meter to arrive.



Board Reorganization:



Commissioner Cannon made a motion to appoint Commissioner Bush to serve as Chairman. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Commissioner Wilkerson made a motion to appoint Commissioner Cannon to serve as Vice-Chairman. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Commissioner Wilkerson made a motion to change the meeting time for regular monthly Board meetings to 9:00 a.m., instead of 8:30 a.m. The motion was seconded by Commissioner Sheffield, and unanimously approved.



The Board unanimously approved commission bonds for Commissioners Sheffield and Wilkerson, upon motion from Commissioner Cannon, which was seconded by Commissioner Suggs.



There being no further business to discuss, a motion to adjourn at 7:40 p.m. was made by Commissioner Cannon, seconded by Commissioner Wilkerson, and unanimously approved.



APPROVED:







FRED WILKERSON, CHAIRMAN



ATTEST:







JACKIE R. BARRON, CLERK