MINUTES OF A SPECIAL MEETING AND PUBLIC HEARING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD MARCH 27, 1995



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a special meeting on March 27, 1995, at 1:00 p.m. in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Wilbur Bush, Chairman

Fred Wilkerson

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, County Coordinator, Sherree Pitzarell, Deputy Clerk, and Dick Edwards, Community Program Consulting.



The Board discussed the need for a new communications console. The old console will be transferred back to the Board's property records, and will be sold or kept as a back-up. Commissioner Cannon made a motion, seconded by Commissioner Wilkerson, to authorize, by resolution, the borrowing of funds to purchase the new console, pledging traffic surcharge revenues for repayment. The motion carried unanimously.



RESOLUTION 94-23:A



A RESOLUTION AUTHORIZING THE FINANCING OF CAPITAL IM-

PROVEMENTS ON COMMUNICATION SYSTEMS IN AND FOR GILCHRIST

COUNTY, FLORIDA.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, at public hearing on March 27, 1995, finds that it is in the best interest of the citizens of Gilchrist County to finance capital improvements on communications systems within Gilchrist County; and



WHEREAS, the Sheriff of Gilchrist County has made previous arrangements to finance the purchase of communication equipment with Tri-County Bank, located in Trenton, Florida; and



WHEREAS, the equipment being purchased qualifies under the Moving Violation Surcharge Ordinance of Gilchrist County, Florida; and



WHEREAS, Tri-County Bank, Trenton, Florida, has approved the lending of monies to Gilchrist County for said improvements; said financing to be repaid from revenues generated from moving violation surcharges imposed in Gilchrist County, Florida, as established by Gilchrist County Ordinance No. 93-03; and



WHEREAS, the Board of County Commissioners has reviewed the proposed interest bearing note, a copy of which is attached hereto; and



WHEREAS, the Board determines that the terms in that note, as attached hereto, are acceptable in form and content and represent the best interests of the citizens of Gilchrist County as providing the means to secure the funds to make capital improvements to the communication systems within the County.



IT IS, THEREFORE, RESOLVED, that the note as proposed be, and is hereby, granted approval and the appropriate officials of Gilchrist County are hereby authorized to execute that note with Tri-County Bank in order to secure the necessary funds to finance capital improvements to the communication system within Gilchrist County, Florida.



FURTHER RESOLVED, that said promissory note to Tri-County Bank is hereby secured by the pledge of a sufficient amount of funds derived from the moving violation surcharges imposed by Ordinance 93-03, as adopted June 1, 1993, to pay that obligation, as the same becomes due and payable with interest, until the balance is paid in full.



FURTHER RESOLVED, that all payments to the Tri-County Bank shall be made from the funds established by said Ordinance No. 93-03, each year until the note as referenced herein is repaid in full. During the term of this note, the Board of County Commissioners shall determine and appropriate sufficient funds from the moving violation surcharge in Gilchrist County to cover the repayment costs of the referenced note for each budget year.



FURTHER RESOLVED, that the Board of County Commissioners of Gilchrist County, Florida, shall not repeal or refuse to enforce the imposition of the moving violation surcharge as provided for in said Ordinance No. 93-03, so long as the obligation to Tri-County Bank remains unpaid.



FURTHER RESOLVED, that it is the intent of this Board that the promissory note for $9,466.00 attached to the Resolution is a tax exempt bond or note and is not issued or to be issued for arbitrage purposes.



FURTHER RESOLVED, that a certified copy of this Resolution shall be attached to and made a part of the original promissory note, executed and delivered to the Bank as assurance to the Bank that the promissory note is legally secured and enforceable under the laws of Florida and the Ordinance of this Board.



RESOLVED this 27th day of March, 1995, at a special meeting of the Board of County Commissioners, in and for Gilchrist County, Florida.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



CDBG Application:



Mr. Edwards, Community Programs Consulting, spoke to the Board about policies needed in order to submit the county's CDBG Housing Rehabilitation application. These are the same documents presented to the Board on March 16th. The first document presented was a resolution, which authorizes the submission of an application for CDBG grant funds. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to authorize, by resolution, the submittal of an application for a CDBG housing rehabilitation grant. The motion carried unanimously.



RESOLUTION 95-24



A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION

FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO

THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FEDERAL

FISCAL YEAR 1995.



WHEREAS, Gilchrist County desires to submit an application to the Florida Department of Community Affairs for a Small Cities Community Development Block Grant to benefit persons of low and moderate income.



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



1. That Gilchrist County hereby authorizes the filing of

an application for a Community Development Block Grant and;



2. That the Chairman of the Gilchrist County Board of County Commissioners is hereby authorized to execute

all documents required in connection with the filing

of said application to be submitted on or before the

28th day of March, 1995.



RESOLVED this 27th day of March, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Edwards explained that many of these documents are needed in order to score points on the application itself. He recommends the county adopt a Community Development Plan, and stated that the county's Comprehensive Plan could be used for that purpose. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to adopt the Gilchrist County Comprehensive Plan as its Community Development Plan, by resolution. The motion carried unanimously.



RESOLUTION 95-25



A RESOLUTION OF GILCHRIST COUNTY, FLORIDA, ADOPTING ITS

COMPREHENSIVE PLAN AS ITS COMMUNITY DEVELOPMENT PLAN.



WHEREAS, Gilchrist County, has adopted its Comprehensive Plan, known as the Gilchrist County Comprehensive Plan; and



WHEREAS, Gilchrist County has made application for the Small Cities Community Development Block Grant to the Florida Department of Community Affairs for Fiscal Year 1995; and



WHEREAS, it is necessary that Gilchrist County adopt a community development plan; and



WHEREAS, the County wishes to designate its comprehensive plan as its community development plan;



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that it hereby designates the Gilchrist County Comprehensive Plan as its Community Development Plan.



RESOLVED this 27th day of March, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



Mr. Edwards reviewed the 504 Policy and the Anti-Displacement Policy with the Board. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Sheffield, to adopt the 504 Policy and the Anti-Displacement Policy. The motion carried unanimously.



Unrecorded Subdivisions:



The Board reviewed the list of unrecorded subdivisions that they visited last month. In a previous workshop in January, the Board agreed to physically view those unrecorded subdivisions identified as possibly non-compliant with the subdivision regulations. The following subdivisions were viewed by the Board on February 20, 1995:



Gilchrist Farms

South Fork Ranch Estates

Gilchrist Acres

Appaloosa Trails

Paletti

Cox

Santa Fe Ranch Acres

Magnuson Corp.

The Hills

Baynard & Co.

Lakewood

Deerwood Farms

Destin

Gray Squirrel Acres



During the review, several subdivisions were snapshot (i.e. found to be acceptable by the Board, as they currently exist on February 20, 1995, providing no further changes are made to the subdivision prior to Board approval). There subdivisions were:



Gilchrist Farms

Appaloosa Trails

South Fork Ranch Estates

Appaloosa Trails

Cox

Gilchrist Acres

Baynard & Co.



Mr. John McCloud attended today's meeting to speak to the Board about his unrecorded subdivision, commonly referred to as "McCloud". According to Mr. McCloud, he did not come to the hearing held several years ago to have his subdivision recorded because he did not receive notice of the hearing. Commissioner Sheffield recalled that if Mr. McCloud had come in at that time, his subdivision would have been found in compliance with the subdivision regulations in place at that time. Mr. McCloud stated that he was not aware of the meeting and did not realize that his subdivision showed up as an unrecorded plat. Currently he has 3 lots sold to individuals who are unable to obtain a building permit. All tracts are sold except two. This subdivision was not physically viewed by the Board because it was not identified as one of the problematic unrecorded subdivisions. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to recognize the subdivisions listed above as non-conforming subdivisions that are acceptable for purposes of issuing building permits; adding McCloud Division (SE 1/4 of S14, T8, R16). The motion carried unanimously.



The Board discussed the method of recognizing the above identified subdivisions, as they currently exist, and determined that the Property Appraiser, through the GIS process, could "snapshot" by the overlay on county maps, their current divisions.



The Board discussed notifying those property owners in the unrecorded subdivisions accepted today, as well as those rejected, of their current status, as a result of today's actions. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to notify each parcel owner, as identified by the Property Appraiser's office. The motion carried unanimously.



Mr. Burt stated that he would draft an ordinance, which lists the names and descriptions of those subdivisions accepted today. The current Land Development Regulations do not address unrecorded subdivisions. In order to "accept" those identified today, the LDR's must be modified to include criteria for determining variances to the subdivision regulations. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to authorize Mr. Burt to draft an ordinance which would amend the LDR's to include criteria for subdivision variances for unrecorded subdivisions. The motion carried unanimously. The Board directed Mr. Burt and Mr. McQueen to meet with the North Central Florida Regional Planning Council to develop the criteria needed to amend the LDR's.



Mr. Burt reminded the Board that three building permits hinge on today's action by the Board, and he recommends approval of the issuance of those permits (McCloud).



Commissioner Cannon made a motion, seconded by Commissioner Suggs to review lots in unrecorded subdivisions not approved today, on a case by case basis, as well as any future changes to those that were approved. The motion carried unanimously.



Commissioner Wilkerson departed at 2:23 p.m.



Parent Tract:



Mr. Dan Hendrix, local realtor, spoke to the Board about the existing parent tract definition. For example, Mr. Hendrix stated that a 3000 acre tract of land, divided into 160 acre tracts, should not, in his opinion, be subjected to the parent tract definition.



Mr. Barron stated that the Board could exempt transfers of 160 acres or more, by adding that language to the current LDR's. Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to authorize Mr. Burt to prepare an amendment to the LDR's, which would allow tracts of land 160 acres or more, providing they are contiguous, to be exempt from the parent tract definition (exempt from being one of the break outs of a parent tract). The motion carried unanimously.



Following discussion, the Board unanimously agreed, upon motion by Commissioner Suggs, second by Commissioner Sheffield, to allow authorize Mr. Burt to prepare an amendment to the LDR's, which would allow 5 break outs from the parent tract, providing that two are not less than 10 acres.



SHIP Plan:



Mr. Barron presented the new SHIP plan for the Board's consideration. This plan is a renewal of the old plan, with prior changes incorporated into this plan. Mr. Barron requests the Board adopt a resolution approving the new plan. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to approve the plan, by resolution. The motion carried unanimously.



RESOLUTION 95-26



A RESOLUTION APPROVING GILCHRIST COUNTY LOCAL HOUSING

ASSISTANCE PLAN AS REQUIRED BY THE FLORIDA STATE HOUSING

INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAX-

IMUM AWARD SCHEDULE; AUTHORIZING THE NECESSARY CERTIFICA-

TIONS BY THE CHAIRMAN OF THE COMMISSION; AND AUTHORIZING

SUBMISSION OF THE PLAN FOR THE REVIEW AND APPROVAL BY THE

FLORIDA HOUSING FINANCE AGENCY; AND APPROVING THE EFFECTIVE

DATE.



WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act on July 7, 1992, that allocates a portion of new and existing documenting stamp taxes on deeds to local governments for development and maintenance of affordable housing; and



WHEREAS, the Act requires that in order to qualify for funding, local governments develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and



WHEREAS, the Act also requires adoption of a maximum award schedule of amounts and adoption of a cost per unit and the maximum cost per unit for eligible housing benefitting from awards made pursuant to the SHIP Program; and



WHEREAS, it is in the best interest of Gilchrist County to qualify for said tax revenues, and such action is for a valid county purpose;



NOW, THEREFORE, BE IT RESOLVED by the County Commissioner of Gilchrist County, Florida:



Section 1. That the maximum award schedule for SHIP funds under the Gilchrist County program shall be $22,500 per unit.



Section 2. That the maximum cost per unit for eligible housing benefitting from awards made pursuant to the SHIP Program shall not exceed $65,000.00.



Section 3. Gilchrist County is authorized to submit the Local Housing Assistance Plan, a copy of which is attached hereto and made part hereof, to the State of Florida Housing & Financing Agency for its review and approval.



Section 4. That the Chairman is authorized and empowered to execute the certifications peculiar to the Local Housing Assistance Plan on behalf of the County.



Section 5. The proper officers of Gilchrist County are authorized and directed to do all things necessary and proper in order to carry out the terms and conditions of said grant and this Resolution.



Section 6. That this Resolution shall take effect immediately upon its adoption.



Passed and adopted by the County Commission of Gilchrist County, Florida on March 27, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Barron spoke to the Board about amending the plan just approved. He recommends that a new element be added to the plan which would require all rehab work under the SHIP plan to bring the house in compliance with Section 8 Housing Standards. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to amend the SHIP plan to add that all Section 8 code violations will be eliminated under the rehab program. The motion carried unanimously.



County Coordinator:



Mr. McQueen reported that the air conditioner in the County Agents office is broken beyond repair. Akins Heating & Air submitted a quote to replace the unit for $3500. Cooper's Heating & Air submitted a quote of $3778. Commissioner Suggs made a motion to accept the quote submitted by Akins Heating & Air and transfer the funds from general revenue reserve. The motion was seconded by Commissioner Cannon, and unanimously approved.



Mr. McQueen spoke to the Board about the Linear Park project in the Town of Bell. The Linear Park project was a part of the greenway project initially, and the greenway project was ranked the number one project in Gilchrist County for ISTEA funding through the Department of Transportation. Since that time, the greenway path has been reduced to the Hart Springs and contiguous Water Management properties, which eliminates the Linear Park from ISTEA funding. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to rank the Linear Park project for the Town of Bell as the number one project for Gilchrist County for ISTEA funding. The motion carried unanimously.



Commissioner Suggs departed the meeting at 3:40 p.m.



A request from the Humane Society to use the Donnie Precinct for a rabies vaccination clinic has been received. They are requesting that the Board waive the rental fee. Commissioner Cannon made a motion, seconded by Commissioner Sheffield to waive the fee for the Humane Society. The motion carried unanimously.



Mr. McQueen reported that Luther White will be widening U.S. 129 and would like to use the county's rock. He has proposed to dig rock for the county if the county will allow him to use some free of charge. Mr. McQueen stated that he anticipates a written offer from Mr. White soon.



Mr. Burt reported that he met with representatives from Florida Power and Central Florida Electric. Florida Power is willing to accept a 1% franchise fee, which would net about $20,000 annually to the county. For anything above 1%, Florida Power asks for an ad-valorem set aside. Central Florida Electric did not raise objections to the proposed 6% previously discussed by the County. The Board agreed to discuss franchise fees at the next meeting.



There being no further business to discuss, a motion to adjourn at 4:15 p.m. was made by Commissioner Cannon, seconded by Commissioner Sheffield, and unanimously approved.



APPROVED:







WILBUR BUSH, CHAIRMAN



ATTEST:







JACKIE R. BARRON, CLERK