MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 11, 1995.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on September 11, 1995, at 9:00 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Wilbur Bush, Chairman

V. C. Cannon

Jimmie Sheffield

Sue B. Suggs

Fred Wilkerson



Other persons in attendance were: Jackie R. Barron, Ex-Officio Clerk, Ted Burt, County Attorney, Ron McQueen, Emergency Management/County Coordinator, Sherree Pitzarell, Deputy Clerk



Sheriff James H. Floyd:



Sheriff Floyd spoke to the Board about raises for his staff for the next fiscal year. Mr. Barron reminded the Board that no raises have been budgeted for constitutional officer's employees. The Sheriff stated that he has about $4900 of expenses that he does not know how to figure into the budget. He has reduced the overtime to $300 per deputy per year. If the 911 communications position is not funded by the Board, he will have to lay off an employee. He would like the Board to leave in the $20,000 amended into this years budget for next year to fund the communications officer. The Sheriff stated that the Trust Fund money has been expended and he is waiting on approximately $250,000.00, however, it is now here yet and therefore it cannot be budgeted. Approximately $43,273 will need to be transferred from Law Enforcement Trust Fund to General Revenue fund, as a match for the DARE grant and the D & E grant. These grants involve two positions. Funding for these two positions may have to come from the General Fund reserve with LETF reimbursing General when funds are received. The Board took no action.



Commissioner Wilkerson requested that the Chairman ask each constitutional officer to attend tonight's tentative budget hearing to be on hand to answer questions from the public.



Public Participation:



Mr. Nick Cahill and Mr. Larry Briggs briefly spoke to the Board about activities occurring in their area of the county. According to the gentlemen, it appears that Florida Power is transporting pipes near the substation at Wilcox at night. Loud pounding and welding noises can be heard throughout the night. It sounds as though something is pounding the pipes. Both stated that the noise continues all night and stops around daylight. The Board stated that they were not aware of any activity going on, however, they would endeavor to find out what is happening.



General Liability & Auto Insurance Bids:



Mr. Al Waters, Waters Risk Management, met with the Board to make recommendations on general liability and auto insurance coverage. Bids were opened on August 24th and transmitted to Mr. Waters for evaluation and recommendation. Mr. Waters recommends that the county select the Florida League of Cities for general liability insurance because the errors and omissions coverage is on an occurrence basis, rather than a claims made basis. The quote from Titan was a claims made basis, and even though it was lower than the League of Cities, it would cost the county anywhere from $6750 to $13,000 to purchase the extended coverage on a claims made policy. Contingent Law Enforcement Liability for the Board should be purchased from Hunt Insurance Group for approximately $2700. Their quote was considerably lower than the League, and Titan did not offer such coverage. Both the League and Titan quoted auto liability, along with general liability, and even though Titan's quote for auto was lower than the League, Titan indicated that they were not willing to offer auto liability separate from general liability. Mr. Jack Cutter, from Larry K. Thompson Insurance submitted the quote from Titan and addressed the Board, stating that he could find out from Titan if they would be willing to separate the coverages within 24 hours.



Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to award the bid for general liability, EMS liability, and errors & omissions to the Florida League of Cities; the contingent law enforcement liability to Hunt Insurance Group, and the auto liability to Titan if they are willing to separate the coverage and their premium is lower than the League, otherwise auto liability will be covered by the League. The motion carried unanimously.



Minutes of Prior Meetings:



Commissioner Wilkerson made a motion to approve the minutes of the meeting held July 25, 1995. The motion was seconded by Commissioner Suggs, and unanimously approved.



Consent Agenda:



Commissioner Suggs made a motion, seconded by Commissioner Cannon, to approve the consent agenda, adding item #4. The motion carried unanimously.



1. State Aid to Libraries Grant Application- 1996.



2. Permit Fee Waiver- SRWMD



RESOLUTION 95-52



REQUEST TO THE SUWANNEE RIVER WATER MANAGEMENT DISTRICT TO

REDUCE PERMIT FEES.



WHEREAS, the 1994 Legislature enacted Chapter 94-278, Laws of Florida, allowing reduction of permit processing fees for counties with a population of 50,000 or less and municipalities with a population of 25,000 or less, or any county or municipality not included within a metropolitan statistical area upon certification by that county or city that the cost of the permit processing fee is a fiscal hardship; and



WHEREAS, the Governing Board of the Suwannee River Water Management District has adopted section 40B-1.706(3), Florida Administrative Code, to implement Chapter 94-278, Laws of Florida, regarding reduction of fees; and



WHEREAS, Gilchrist County has a population of 11,888; and



WHEREAS, Gilchrist County certifies that it qualifies for permit processing fee reduction for the Fiscal Year October 1, 1995, through September 30, 1996, due to the following factor:



Ad valorem operating millage rate for the current fiscal year is greater than 8 mills; and



WHEREAS, these factors are supported by the attached documents;



NOW, THEREFORE BE IT RESOLVED, that Gilchrist County does hereby request that the Suwannee River Water Management District reduce the processing fee for public purpose projects to a fee not to exceed $100 per permit for the 1996 Fiscal Year.





PASSED AND ADOPTED this 11th day of September, 1995, A.D.



GILCHRIST COUNTY

BY ITS COUNTY COMMISSION

/s/Wilbur Bush, Chairman

/s/Sue B. Suggs, Commissioner

/s/Fred Wilkerson, Commissioner

/s/V. C. Cannon, Vice-Chairman

/s/Jimmie Sheffield, Commissioner



ATTEST:

/s/Jackie R. Barron, Clerk



3. Resolution for Membership to the Small County Coalition.



RESOLUTION 95-53



WHEREAS, the Gilchrist County Board of County Commissioners has determined that there is a need to have information, interpretation and consultation services that are directed specifically to the ongoing needs of small counties within the State of Florida, and



WHEREAS, the cost of retaining such services is reduced through the collective participation of small counties within a consortium framework, and



WHEREAS, the Small County Coalition, a coalition of counties with populations less than 50,000, has designated Robert P. Jones & Associates to provide legislative consulting services relating to small county issues.



NOW THEREFORE BE IT RESOLVED, that the Gilchrist County Board of County Commissioners approves becoming a member of the Small County Coalition for FY95-96 agrees to pay $1302.60 for services through September 30, 1996.



BE IT FURTHER RESOLVED, that the Gilchrist County Board of County Commissioners agrees to make the payment to Robert P. Jones & Associates for services associated with the Small County Coalition.



ADOPTED by the Gilchrist County Board of County Commissioners in session at Trenton, Florida, on the 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



4. Resolution for EMS Awards Grant.



RESOLUTION 95-54



WHEREAS, the Gilchrist County Board of County Commissioners acknowledge the availability of Emergency Medical Services Trust Fund monies; and



WHEREAS, the grant of said trust fund monies available to the County in the amount of $2962.99; and



NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that the Gilchrist County Board of County Commissioners does hereby accept the Emergency Medical Services Trust Fund monies granted to the County in the amount of $2962.99, and FURTHER, BE IT RESOLVED, the grant so accepted shall be designated and used solely for the improvement and expansion of the Gilchrist County pre-hospital emergency medical service.



RESOLVED in regular session this 11th day of September, 1995.



GILCHRIST COUNTY COMMISSION

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Attorney's Report:



Mr. Burt reported that a request for a building permit has been denied for a parcel of property, referred to as the "Anderson Tract", located at Section 5, Township 7, Range 15. The permit was denied after a search revealed that the parcel did not meet the subdivision requirements. The reason the parcel did not meet the subdivision requirements is because there are more than four tracts that have been broken out of the parent tract. The owners purchased the property in the 70's, and even though the parcel is only .493 acres, it meets the zoning requirements because it was grandfathered in, however, it does not meet the subdivision ordinance. The North Central Florida Regional Planning Council is currently working on LDR (Land Development Regulations) amendments, and this tract could be included in the amendments if the Board desires. The Board recently took the position to look at these types of tracts on a case by case basis. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to defer a decision until Commissioner Sheffield can look at the property, since it is in his district. The motion carried unanimously.



Mr. Burt spoke to the Board about the letter received from Nabors, Giblin & Nickerson, regarding special assessments for fire services. NG&N are offering to develop parameters outside the state assessment reporting, which would be more tailored to meet Gilchrist County's needs. The cost of their services would be $15,000.00, plus reimbursement for fees such as travel, phone calls, etc. Commissioner Sheffield stated that he has not seen $75,000 worth of work out of the firm yet, in regards to the development of other special assessments. Commissioner Wilkerson agreed. Mr. Barron stated that the work completed by NG&N will not be $75,000. They have reduced their bill to approximately $40,000-$43,000. Mr. Burt stated that he would only remind the Board that there are time constraints involved in imposing special assessments, and if the Board is interested in imposing special assessments for fire services, they would need to involve NG&G, because they are the recognized authority on special assessment. Mr. Burt added that we need to be looking toward next fiscal year's funding as soon as possible.



Mr. Burt stated that he has received two bids for the small parcel of property owned by the Board, located near the old jail. Glen Wilson has offered $1300 and Tereasa & Kathryn McGee offered $750. Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to reject the bids and retain ownership of the property. The motion carried unanimously. Commissioner Sheffield recommended that the property be viewed to determine what is currently on the property. Mr. Burt stated that he will check on the cost for having the property surveyed.



Mr. Burt reported that he has received three more contracts for family mediation services: Robert H. Hornberger, Trisha Biggers and Mary Anna Hovey. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to approve the mediation contracts. The motion carried unanimously.



Mr. Burt stated that Steve Youghn spoke to him about becoming a volunteer fire fighter again. Mr. Youghn plead guilty to misdemeanor charges (two of which were for battery) and will be on probation until March, 1998. Mr. McQueen pointed out that Mr. Youghn was in uniform when one act was committed, and even though he has been suspended from the fire department, he continues to attend the fire chiefs meetings. Commissioner Sheffield made a motion, seconded by Commissioner Wilkerson, to table further action until after Mr. Youghn's probation period if over, at which time the case will be reviewed again. The motion carried unanimously.



Mr. Burt presented a resolution for the Board's consideration regarding weapons being carried by employees during work hours. Following discussion, the Board unanimously agreed to adopt the resolution, upon motion from Commissioner Wilkerson, which was seconded by Commissioner Cannon.



RESOLUTION 95-55



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida is responsible for maintaining the public health, safety, and welfare for the residents of its county; and



WHEREAS, the County often works with the Department of Corrections in using the labor of inmates; and



WHEREAS, the public safety is at risk if inmates have access to any weapon;



NOW, THEREFORE IT RESOLVED by the Gilchrist County Board of County Commissioners that employees of Gilchrist County are prohibited from carrying any weapon on the job unless that employee has a permit to carry a weapon. In the case the employee does have such a permit, then that weapon must be kept in a locked vehicle. Moreover, all vehicles, either owned by the County or privately, when on a job site, must be locked if said vehicle is accessible by a prison inmate.



RESOLVED, this 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



U. S. Marines:



Dave Quien, C.O., from Jacksonville, which supervises this area for Marine recruitment thanked the Board for the donation of free office space for the local Marine recruiter. In appreciation, Officer Quien presented the Board with a plaque.



Attorney's Report (cont.):



Mr. Burt presented a resolution for the Board's consideration, which would change the name of the IDA to the Gilchrist County Development Authority, essentially dropping the word "industrial". Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to change the name, by resolution, to the Gilchrist County Development Authority. The motion carried unanimously.



RESOLUTION 95-56



RESOLUTION RENAMING THE GILCHRIST COUNTY INDUSTRIAL DEVE-

LOPMENT AUTHORITY TO GILCHRIST COUNTY DEVELOPMENT

AUTHORITY; PROVIDING AN EFFECTIVE DATE.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida enacted Resolution 90-05 on March 5, 1990; and



WHEREAS, that Resolution provided that a local governmental body be created and known as the Gilchrist County Industrial Development Authority to supplement and coincide with that Authority as previously established by special act of the Legislature of the State of Florida; and



WHEREAS, the appointed members of that Board have requested that the organization be renamed and be henceforth known as the Gilchrist County Development Authority; and



WHEREAS, the Board of County Commissioners deem that it is in the best interest of the County that the name of the organization be so changed;



NOW, THEREFORE, IT IS RESOLVED by the Board of County Commissioners of Gilchrist County, Florida that the Gilchrist County Industrial Development Authority shall:



1. Continue as previously established except that the

name of the organization shall be by this Resolution

and henceforth known as the "GILCHRIST COUNTY DEVELOP-

MENT AUTHORITY".



2. This Resolution shall be effective upon adoption.



ADOPTED this 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Burt presented a draft of an ordinance which would change the current alcohol beverage sale ordinance, by allowing alcohol to be sold on the next New Year's Eve, which falls on Sunday. The Board had previously set a public hearing for October 2, 1995.



The Board recessed for lunch at 12:00 noon and reconvened at 1:20 p.m.



Department of Transportation- Jeanette Burke:



Ms. Burke spoke to the Board about the 5 year work program, and asked for the Board's priorities. The deadline for submitting the priorities is September 25th. Commissioner Suggs asked why the project to install turn lanes at the Wacasassa Road on SR 26 have been moved from fiscal year 96/97 to fiscal year 97/98. Ms. Burke stated that more than likely the project was delayed a year due to the availability of funds, however, she will verify the reason for the delay. Commissioner Sheffield stated that on U.S. 129, at the Church of God, water is flowing across the road and nearly into the church building during a heavy rain. Commissioner Sheffield added that when the construction is finished the highway will be even higher than it currently is and the chance of more water flow will be greater. Ms. Burke stated that she will have the DOT engineers look at the area, and try to solve the problem. Ms. Burke stated that angle parking in the city of Trenton is not feasible because there is not enough room from sidewalk to sidewalk. Commissioner Wilkerson asked if the state would consider resurfacing the short length of road which runs in front of the livestock fair building, especially since it connects two major state roads. In addition, county roads 232 and 340 are taking traffic off state roads. Ms. Burke asked that the Board put their requests in writing and submit them to her. The Board directed Mr. McQueen to send a list of priorities to Ms. Burke. The Board discussed calling the weights department with the Department of Transportation to have Luther Whites trucks checked, since he his hauling asphalt from Alachua to U.S. 129 for the resurfacing job.

Value Adjustment Board:



Chairman Bush appointed himself, along with Commissioners Sheffield and Cannon to serve on the Value Adjustment Board, which meets September 28, 1995, at 9:00 a.m.



Attorney's Report (cont.):



Mr. Burt stated that the right-of-way that Mr. Larry Martin installed sprinklers on were conveyed to the county in 1968 from the Watsons. Mr. Burt added that by permit, the county has allowed irrigation pipes to go across county right-of-ways, as long as it does not interfere with county operations and the county is held harmless. Commissioner Sheffield stated that he would like a letter from Mr. Martin stating that he will not hold the county liable should a county mower damage his sprinklers.



Emergency Management/County Coordinator's Report:



Mr. McQueen stated that Representative Boyd and Representative Mackey will deliver a check to the Board on September 15th, at 9:00 a.m. for the "Field of Dreams" grant and the 1st construction draw on the library grant. They have requested that the Board be present to receive the checks.



Mr. McQueen submitted a letter to the Board from Joe Myers, director of the state Division of Emergency Management, indicating that the county's five year strategic plan has been accepted. In addition, Mr. McQueen stated that the grant funding for his position may increase to $80,000.00, due to the state collecting more revenues than they anticipated. Mr. McQueen presented a new contract for the Board, which would fund his position for the next fiscal year (1995-96). Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to accept the agreement. The motion carried unanimously.



Mr. McQueen received a news release from Dick Edwards, Community Programs Consulting, regarding the CDBG grant. The Board stated they would like Mr. Burt to review the news release prior to publication.



Mr. McQueen reported that he met with the Park Board, and each member indicated they were willing to continue to serve. They asked that they continue to receive the same rate of compensation of $75 per month, and they would also like to have the AV-MED health insurance coverage. Mr. McQueen stated that in order to be covered by AV-MED an employee must work 20 hours per week. The Board agreed that the Park Board members are not employees of the county and therefore not eligible for insurance or retirement benefits; they are to be paid a per diem, which is the same method of payment made to Zoning Board members. Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to pay Park Board members $50 per meeting attended, and reimburse mileage. Commissioners Suggs and Bush voted in favor of the motion, which Commissioner Sheffield voted in opposition. The motion carried by split vote.



The Board asked what the Park Board recommends in regards to hiring a park manager. Mr. McQueen stated that the Park Board is disappointed that Mr. Ferguson resigned as park manager and accepted a position with the Clerk's office. They recommend no change until the season is over, and at that time to hire someone to stay there during the off season. Rayanne Ferguson is acting as park manager until the end of the season and Mr. Norviel has indicated that he will stay on in his capacity as assistant manager during the off season. The Park Board would like the park manager position to be advertised and filled sometime in the spring. They will be looking for a manager that will live at the park. Mr. Barron reminded the Board that there are significant revenues budgeted in the 1995-96 fiscal year budget from park revenues, requiring aggressive management.



Attorney's Report (cont.):



Mr. Burt stated that he has received the grant agreement between the Department of Environmental Protection and Gilchrist County, for the construction of the "Field of Dreams". The grant is for $96,000.00 and requires a $32,000.00 match from the county (cash or in-kind). Mr. Burt has prepared a resolution which would authorize county staff to work in cooperation with the Gilchrist County Recreational Authority in the administration of the grant. GCRA has some funds which could be used as a cash match, however, they do not have the staff and resources to administer the grant. The grant is a reimbursement grant and 10% will be retained until the project is completed and approved. Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to approve the resolution, directing Mr. Barron to administer the grant. Commissioners Bush and Cannon voted in favor of the motion, while Commissioner Sheffield voted in opposition. The motion carried by split vote.



RESOLUTION 95-57



A RESOLUTION AUTHORIZING COUNTY STAFF TO WORK IN

COOPERATION WITH THE GILCHRIST COUNTY RECREATIONAL

AUTHORITY IN THE ADMINISTRATION OF A STATE GRANT.



WHEREAS, the Gilchrist County Recreational Authority has applied for and has been accepted as the recipient of a state grant through the Department of Environmental Protection in the total sum of $96,000.00; and



WHEREAS, Gilchrist County has been named as Grantee of that grant for the purposes of furtherance of an approved public outdoor recreation project, more specifically referred to as the development of the "Field of Dreams"; and



WHEREAS, Gilchrist County and the Gilchrist County Recreational Authority intend to work cooperatively in meeting the terms of the grant;



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



1. That the Gilchrist County Board of County Commissioners shall, through its Clerk to the Board, work cooperatively with the Gilchrist County Recreational Authority in administering the grant identified under DEP Contract #F9665 and that the funds received will be used totally for development of the project known as the "Field of Dreams" in conformity with the grant agreement.



2. That the appropriate county officials are hereby authorized and directed to enter into the grant agreement as identified under DEP Contract #F9665, after clarification with DEP that the ownership or control of the land remain with Gilchrist County Recreational Authority and dedicated in accordance with the terms of the grant agreement and that the value of the land be included as part of the county match together with other property or money dedicated by the Gilchrist County Recreational Authority toward the project.



RESOLVED this 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Animal Control:



Mr. Burt stated that the City of Trenton has responded to the county's inquiry regarding the possible establishment of a county-wide animal control program. According to Kathryn Deen, City Manager, she would need more information regarding the county's intentions before she can bring the issue before the Board. Some of the questions Ms. Deen raised are: will the county have a building to house the animals that are brought to the facility and what would be the cost; will the county have an animal control officer and what will be his duties; will the facility house animals and offer them for sale or give away after they receive shots and are neutered; will the county require all animals to be vaccinated and tagged; how will the costs be divided between the county and the cities; who or what agency will enforce the animal control ordinance? Mr. Tom Stafford, Gilchrist County Humane Society, stated that he would like the county to start out with a small facility as a holding place and hold vaccination clinics once a month. The holding pens, approximately 10 to 12 would have to be covered, and a part-time person could provide daily care for the animals. Mr. Stafford stated that the Humane Society is willing to assist in soliciting for donations for the construction of a facility. Ms. Amy Sueraz, Alachua County Animal Control stated that they are currently receiving animals from other counties. Ms. Jean daCosta stated that the Humane Society in Gilchrist County can no longer afford to continue to act as the animal control warden for the county. The Board asked Mr. McQueen to look into the cost of constructing a kennel according to the state's accepted standards, as well as contacting DEP about the possibility of using a portion of the property at the landfill for the construction site.



Alan Nast- Audit Contract:



Mr. Alan Nast, Davis, Monk & Company, spoke to the Board about the possibility of renewing their contract for auditing services. The current contract was for a three year period of time, and will expire after the completion of this current years fiscal audit (for the year ending 9-30-95). Mr. Nast stated that DM&C, of which he is a partner, is willing to perform the audit for fiscal year 1996 at $35,000 and will continue the following two years at the same inflation rate. Mr. Barron stated that there are adequate funds budgeted in the 1995-96 proposed budget for auditing services. Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to continue the auditing contract with Davis, Monk & Company. The motion carried unanimously.



County Agent's Budget:



The Board directed that the County Agent's budget will be decreased to the same level of funding as the current years level. The Board discussed vehicle insurance, and Mr. Barron pointed out that the insurance for the vehicle driven by Mr. Weaver is not paid out of the County Agent budget; it is paid by the Board. The Board asked Mr. Barron to check and see if the insurance on the school bus can be carried on an "as use" basis, rather than year round.



Clerk's Report:



Mr. Barron spoke briefly about the need for the Board to fund the additional cost in salaries for certain county offices to increase their work hours from 37.5 to 40 per week. The total cost will be $2068.21 on an annual basis.



Building Department- Carl Rehberg:



Mr. Carl Rehberg, Building Inspector, spoke to the Board about the increased work load in his office. During the last 12 to 18 months, his office has been assigned issuance of drive-way permits, 911 address numbering, collection of impact fee, and collection of delinquent special assessments. The increase in work load has affected Charissa Strickland's position. Mr. Rehberg stated that he is very pleased with Ms. Strickland's performance, and asked the Board to raise Ms. Strickland's hourly rate by $1.00 per hour. The Board asked Mr. McQueen if raising Ms. Strickland's salary would put her hourly rate over Ms. Latner's, who has been employed longer. Mr. McQueen replied that he did not think that it would, however, he is in favor of raising Ms. Latner's salary as well. The increase in Ms. Strickland's work load is a direct result of reorganization in those offices, whereby work was shifted from Ms. Latner to Ms. Strickland, in order for Ms. Latner to take on additional work. Mr. McQueen agrees that both ladies do a good job and deserve a raise. There followed discussion by the Board regarding their previous decision to not give raises to any county employees, (except road department employees that meet certain performance criteria). Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, raise Ms. Strickland's hourly rate by $1.00 and Ms. Latner's hourly rate by fifty cents. The passed by split vote as follows:



Wilkerson- Yes

Cannon- Yes

Sheffield- No

Suggs- No

Bush- Yes



Emergency Management/County Coordinator's Report (cont.):



The Board continued previous discussion of the resignation of Sam Ferguson as park manager. The Board feels that the notice given by Mr. Ferguson was too short. Mr. Barron stated that Mr. Ferguson had indicated to him, as well as to Mr. McQueen that he was looking for other employment opportunities. Mr. Barron stated that he offered Mr. Ferguson a job in his office and asked when Mr. Ferguson could start. Mr. Ferguson stated that he could start the following Monday, and he gave Mr. McQueen notice that very day (Friday), that he would be going to work for the Clerk on Monday. Mr. McQueen did not ask Mr. Ferguson to stay on as park manager longer. Commissioner Sheffield stated that he felt the Board should have been given more notice. Mr. Barron stated that even though Mr. Ferguson is employed in his office, his wife is capable of managing the park, and Mr. Ferguson is available to her for assistance.



Mr. Ferguson stated that due to his increased work load, he would like the Board to appoint someone else to the position of film commissioner for Gilchrist County. Mr. Ferguson stated that he would speak to Mr. John Elton about the possibility of serving as film commissioner.



Mr. McQueen stated that the Board needs to establish goals for Hart Springs park, and that the Park Board members should be included in the process. The Board agreed to meet with the Park Board on September 28th, at 2:00 p.m. in the pavilion at Hart Springs park.



The Board discussed the retirement of Mr. Floyd Beach from the Gilchrist County Road Department. The Board agreed to hold a retirement luncheon for Mr. Beach on September 28th, at 12:30 p.m., in the pavilion at Hart Springs park.



Mr. McQueen stated that the Town of Branford has been in contact with him and indicated that they may not be able to respond to fire calls in Gilchrist County if funding is withheld. They will meet tomorrow and the topic will be discussed.



Mr. McQueen reported that the North Central Florida Regional Planning Council is prepared to perform the small quantity hazardous generators report for Gilchrist County. According to Mr. McQueen, the county receives grant funds in the amount of $1750, for small quantity hazardous generators reporting requirements. The Planning Council will do the reports at the same cost. Mr. McQueen stated that the reports require a substantial amount of time and it is his recommendation that the county contract with the Planning Council to do the reports. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to contract with the Planning Council to complete the reports for fiscal year 1994-95. The motion carried unanimously.



Mr. McQueen stated that the Planning Council is applying for a one time grant of $30,000 from DEP, to do large quantity hazardous waste generators reporting. The Planning Council would like to use the funds to do the reports for several counties over a period of five years. In order to apply for the grant on behalf of several counties, each county would need to endorse the Planning Councils' efforts. The Board agreed to table action until the next regular meeting.



Mr. McQueen received a request for reimbursement from W. D. Higginbotham, for his expenses in producing a video tape for the interview process for the emergency management/county coordinator position. The Board had previously agreed to reimburse each finalist interviewed up to $100 for the expenses incurred in making the video tapes available. The Board agreed to reimburse Mr. Higginbotham $100.



Mr. McQueen reported that the Veterans Services budget is short by $70 for travel and per diem, which is needed for Mr. Brideson to complete his certification. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to transfer $70 from reserve to the VA budget. The motion carried unanimously.



Mr. McQueen stated that he has received a request for a refund of a mobile home permit fee, from Sandra Vickzowsky, in the amount of $75. Due to family illness, they will not be moving as they had anticipated. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to refund the fee to Ms. Vickzowsky. The motion carried unanimously.



Mr. McQueen presented grant applications for the Boards consideration for the Waste Tire Grant, Small County Grant, and Recycling & Education Grant. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to apply for these grants for fiscal year 1995-96. The motion carried unanimously.



Clerk's Report (cont.):



Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to approve the bills as presented by the Clerk. The motion carried unanimously.



The Board unanimously approved budget entries numbered 9590, 9593-9598, 9600-9602, 9604-9609, and 9611, upon motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



Mr. Barron reported that he and Mr. Harrison have a discrepancy in their figures for Mr. Harrison's proposed level of funding for fiscal year 1995-96. The difference is about $4800 and they want to the Board to be aware that the difference exists. Mr. Barron stated that they will try to have the difference reconciled by the final budget hearing.



Mr. Barron reminded the Board that they did not take action earlier today on the increased work hours for certain county employees from 37.50 hours per week to 40 hours per week. Mr. McQueen had figured in 4% raises by shifting line items, however, the increased hours would result in an increase of 7% for salaries. The Board needs to absorb the additional 3%, which would cost approximately $2070. If the Board chooses to increase their work hours, and fund the same, the funding will need to come from the general fund reserve, however, there is not enough time to make the budget changes before tonight's tentative budget hearing. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to transfer $2070 from general fund reserve to absorb the cost for the increase in hours. The motion carried unanimously.



Mr. Barron reported that he will be attending a meeting in Tampa on September 19th, to pursue information regarding water transfers. He will be meeting with a law firm that represents Hillsborough and Pinellas counties. Mr. Bob Nabors will be attending as well.



Mr. Barron stated that he has been notified by Lee Mills Engineering that there are not changes in the rates or terms of contract for the next fiscal year for engineering services.



Mr. Edgar Langford, Deputy Tax Collector, has submitted a letter to the Board regarding special assessments for Mervin Hines property. Mr. Hines has been assessed for four livable units, however, Mr. Langford visited the property and feels that one unit should be exempted for storage. According to Mr. Langford, the unit in questions was not assessed the previous year, and Mr. Hines has been using the trailer for storing hay. The unit is connected to water, electric and septic, however, the water was turned off by a cut off valve going into the mobile home. Mr. Hines stated that the reason the electric is still one is because it runs to his grain bins. According to Mr. Barron, there is no language in the new ordinance to address this situation, however, the old ordinance does not allow exception for those with water or electric connected. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to exempt the unit as a storage unit. The motion carried unanimously.



Mr. Burt stated that he received a fire contract for the Town of Bell at a funding level of $9000; he will adjust it to $5000 and send it back to the Town of Bell.



Mr. Burt reported that he received an estimate of the county's population from the University of Florida, Bureau of Economic & Business Research, indicating that the county's population is 11,888, which includes the inmate population. Mr. Barron stated that he will check with Trenton, Bell & Fanning because the report shows there is only 1000 residents living in the three cities.



Mr. Barron spoke to the Board about the groundwater monitoring reports at the landfill, performed by HydroTech. The tests indicate some elevated levels in the background wells for lead and benzene. It is his recommendation that these levels, which are normal for that area, be recognized when the permit renews.



Mr. Barron reported that fees and interested remitted by the Clerk to the Board for July totalled $12,188.60.



The Board recessed at 6:10 p.m. and reconvened for a tentative budget hearing at 7:09 p.m.



Public Hearing: Tentative Budget Hearing for FY 1995-96:



Mr. Barron announced for those in attendance, that the Board is not currently considering the adoption of franchise fees, and that no franchise fees have been anticipated for the 1995-96 proposed budget.



Mr. Barron stated that the proposed millage for next fiscal year is 10 mills; this is the same millage rate that has been in effect for the past several years. Ten mills will generate 13.12% more ad valorem taxes next fiscal year than did ten mills this fiscal year. The additional ad valorem taxes come from new homes/businesses being built in the county, as well as property improvements of existing homes in the county. Mr. D. Ray Harrison, Property Appraiser, explained that when Proposition 10 was passed by the legislature, it requires that the each parcel of property be evaluated every three years. Mr. Harrison further explained that his staff have recently visited each parcel in the county and in some instances, property improvements were noted. These improvements increase the value of the property, thereby increasing the owners property taxes.



Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to adopt, by resolution a millage rate of 10 mills for fiscal year 1995-96. The motion carried unanimously.



RESOLUTION 95-58



RESOLUTION ADOPTING TENTATIVE MILLAGE RATE FOR FISCAL

YEAR 1995-96.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, has this 11th day of September, 1995, held a public hearing to adopt tentative millage rate for the tax year beginning October 1, 1995; and



WHEREAS, said public hearing has be duly advertised as provided by stature; and



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida has further considered the tentative millage rate to be levied;

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



The tentative ad valorem tax millage rate to be levied for the fiscal year beginning October 1, 1995 shall be ten (10) mills. Said millage rate exceeds the rolled-back computed pursuant to Section 200.065, Florida Statutes, which amount is characterized as the percentage increase in property taxes adopted by the governing body, said percentage increase being 13.12 percent.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Following discussion, the Board unanimously adopted the tentative budgets, by resolution, upon motion from Commissioner Wilkerson, which was seconded by Commissioner Suggs.



RESOLUTION 95-59



RESOLUTION ADOPTING TENTATIVE BUDGET FOR FISCAL YEAR

1995-96.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida has on the 11th day of September, 1995, held a public hearing to adopt its tentative budget for the fiscal year beginning October 1, 1995; and



WHEREAS, said public hearing has been duly advertised as provided by statute and the tentative budget has been considered by the Board of County Commissioners of Gilchrist County, Florida that the proposed final budget for the fiscal year commencing October 1, 1995 regarding the General Fund, Court Facilities Trust Fund, Capital Outlays, Community Development Block Grant, SHIP Fund, Law Enforcement Trust Fund, Local Law Enforcement Education Fund, State Attorney and Public Defender Trust Fund, Fine and forfeiture Trust Fund, Law Library, Transportation Impact Fee Fund and Transportation Trust Fund be and are hereby adopted.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



The Board discussed the tentative millage and budget for fire services. The proposed millage rate is the same rate that has been in effect for several years. This millage rate will generate 13.12% more ad valorem tax revenues than the amount generated this current fiscal year. Following discussion, Commissioner Cannon made a motion to adopt the tentative MSTU millage rate of .50 mills. The motion was seconded by Commissioner Sheffield, and unanimously approved.



RESOLUTION 95-60



RESOLUTION ADOPTING TENTATIVE MILLAGE RATE FOR MUNICIPAL

SERVICE TAXING UNIT FOR FIRE PROTECTION SERVICES FOR

FISCAL YEAR COMMENCING OCTOBER 1, 1995.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida has on the 11th day of September, 1995, held a public hearing to adopt a tentative millage rate for its Municipal Service Taxing Unit (MSTU) for Fire Protection Services for the fiscal year beginning October 1, 1995; and



WHEREAS, said public hearing has been duly advertised as provided by statute; and



WHEREAS, the Board of County Commissioners of Gilchrist County has further considered the tentative millage rate to be levied;



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



The tentative ad valorem tax millage rate to be levied for the Municipal Service Taxing Unit for fire Protection Services beginning October 1, 1995, shall be one-half (1/2) mill. Said millage rate exceeds the rolled-back computed pursuant to Section 200.065, Florida Statutes, which amount is characterized as the percentage increase in property taxes adopted by the governing body, said percentage increase being 13.12 percent.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Following discussion, the Board unanimously adopted the tentative budget for MSTU (fire budget), by resolution, upon motion by Commissioner Wilkerson, which was seconded by Commissioner Cannon.



RESOLUTION 95-61



RESOLUTION ADOPTING TENTATIVE BUDGET FOR MUNICIPAL SERVICE

TAXING UNIT FOR FIRE PROTECTION SERVICES FOR FISCAL YEAR

COMMENCING OCTOBER 1, 1995.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida has this 11th day of September, 1995, held a public hearing to adopt its tentative Municipal Service Taxing Unit (MSTU) budget for Fire Protection Service for the fiscal year beginning October 1, 1995; and



WHEREAS, said public hearing has been duly advertised as provided by statute and the tentative Budget has been amended as the Board of County Commissioners of Gilchrist County has considered appropriate;



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that the tentative budget for the Municipal Service Taxing Unit for Fire Protection Services be and is hereby adopted.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



Mr. Burt reviewed the proposed EMS special assessment rates, and the amount of revenues those rates will generate. The Board is proposing an increase in rates and explained to those present that the services for EMS have doubled in the last two years, without any increase in the assessment rates. Funding for the increased services have come from the cash carry-overs, which have been depleted. In order to maintain the services at the increased levels, special assessment rates will have to be increased. Otherwise, services will have to be cut, which could possibly result in the closure of one EMS station. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to adopt, by resolution the rates, and approve the assessment role as it was mailed to the property owners. The motion carried unanimously.



RESOLUTION 95-62



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, KNOWN AS THE EMERGENCY

MEDICAL SERVICES ANNUAL RATE RESOLUTION, RELATING TO

THE PROVISION OF EMERGENCY MEDICAL SERVICES AND FAC-

ILITIES; ESTABLISHING THE RATE OF ASSESSMENT FOR

FISCAL YEAR 1995-96; IMPOSING SERVICE ASSESSMENTS

AGAINST ASSESSABLE PROPERTY LOCATED WITHIN BOTH THE

UNINCORPORATED AND MUNICIPAL AREAS OF GILCHRIST COUNTY;

APPROVING THE SERVICE ASSESSMENT ROLL; APPROVING AN

EFFECTIVE DATE.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, has enacted Ordinance No. 94-08, which authorizes the imposition of Service Assessments for Emergency Medical Services against certain Assessable Property located within the incorporated and unincorporated areas of the County; and



WHEREAS, the imposition of a Service Assessment of Emergency Medical Services is an equitable and efficient method of allocating and apportioning Service Costs among parcels of Assessable Property; and



WHEREAS, the Board desires to continue an Emergency medical Services assessment program countywide within both the unincorporated and municipal areas of Gilchrist County, Florida using the tax bill collection method for the Fiscal Year beginning on October 1, 1995; and



WHEREAS, no municipality provides Emergency Medical Services to residents or property within its municipal boundaries and property within municipal areas receive the same special benefit from the Emergency Medical Services provided by the County as similar property within the unincorporated areas; and



WHEREAS, the consent of the governing bodies of the municipalities located within the County is not required for the furnishing by the County of essential Emergency Medical Services within municipal areas; and



WHEREAS, pursuant to the legislative finding in Section 1.03(E) of the Ordinance, the Service Assessments for Emergency Medical Services are imposed pursuant to the power of local self-government authorized for the County in sections 125.01 (1) (r) and 125.01 (3), Florida Statutes; and



WHEREAS, the Board, on August 9, 1994, adopted Resolution No. 94-30 (the "Initial Assessment Resolution"), containing a brief and general description of the Emergency Medical Services and facilities to be provided to Assessable Property, describing the method of apportioning the Service Cost to compute the Service Assessments for Emergency Medical Services against specific properties, designating a rate of assessment, and directing preparation of the Assessment Roll and provision of the notice required by Ordinance; and



WHEREAS, the Board, on September 9, 1994, adopted Resolution No. 94-35, ("the Final Assessment Rate Resolution"), confirming the Initial Assessment Resolution; and



WHEREAS, pursuant to the provisions of the Ordinance, the County is required to adopt an Annual Rate Resolution for each fiscal year following the initial fiscal year for which a service assessment is imposed, after hearing comments and objections of all interested parties; and



WHEREAS, the Assessment Roll has therefore been made available for inspection by the public, as required by the Ordinance; and



WHEREAS, notice of public hearing has been published and, as required by the terms of the Ordinance, mailed to each property owner proposed to be assessed notifying such property owner of the Owner's opportunity to be heard, an affidavit regarding the form of notice mailed to each property owner being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and



WHEREAS, a public hearing has been held on September 11, 1995, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance;



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



SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance No. 94-08, Chapter 125, Florida Statutes, and other applicable provisions of law.



SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Rate Resolution as defined in Ordinance No. 94-08. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance.



SECTION 3. EMERGENCY MEDICAL SERVICES ASSESSMENTS.



(A) The parcels of Assessable Property described in the Assessment Roll, which is hereby approved, are hereby found to be specifically benefitted by the provision of Emergency Medical Services and facilities described in the Initial Assessment Resolution, in the amount of the Service Assessment set forth in the Assessment Roll, a copy of which was present or available at the time of the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessable Property within both the unincorporated and municipal areas will be benefitted by the County's provision of Emergency Medical Services and facilities in an amount not less than the Service Assessment for such parcel, computed in the manner set forth in this Resolution. Assessable Property subject to a Service Assessment for Emergency Medical Services and facilities receives a special and particular benefit, including, but not limited to, protection and enhancement of public safety at or on such property by providing better service to persons who own, reside, occupy, or have occasion to be present at such property, by providing better availability of Emergency Medical Services and facilities to actual potential occupants of such property, resulting in the enrichment of property value and minimization of potential liability attendant with the use of such property.



(B) The schedule of assessments rates contained in the Initial Assessment Resolution, which has been revised since the adoption of the Initial Assessment Resolution and is attached hereto and made a part hereof as Appendix C, is hereby approved. The imposition of the Services Assessments for Emergency Medical Services and facilities in conformity with the schedule of assessment rates established in Appendix C hereof is an equitable and fair method of allocating and apportioning the cost of such services among the properties that are specially benefitted by such services and facilities.



(C) For the Fiscal Year beginning October 1, 1995, the Service Cost shall be allocated among all parcels of Assessable Property, based upon the schedule of assessment rates set forth in Appendix C, hereof. The assessment rates provided herein shall be deemed the Maximum Assessment Rate and are hereby approved. Service Assessments for Emergency Medical Services in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessable Property described in the Assessment Roll.



(D) Such Service Assessments shall constitute a lien upon the Assessable Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.



(E) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax collection method in the manner prescribed by Ordinance.



SECTION 4. ASSESSMENT ROLL.



(A) The Assessment Role, which was prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution and as confirmed in the Final Assessment Resolution, is hereby approved, with modification in the service assessment.



(B) The Initial Assessment Resolution, as amended by this Resolution, is hereby confirmed.



SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the Service Assessments for Emergency Medical Services), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of this Annual Rate Resolution.



SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption, this 11th day of September, 1995.



DULY ADOPTED this 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



APPENDIX C

SCHEDULE OF ASSESSMENT RATES



SCHEDULE OF ASSESSMENT RATES APPORTIONING THE SERVICE

COST FOR EMERGENCY MEDICAL SERVICES AND FACILITIES.



SECTION C-1. INTRODUCTION. The following schedule of assessment rates apportion the Service Cost for Emergency Medical Services and facilities. Each property class in Section C-2 hereof addresses properties located within both the unincorporated and municipal areas of Gilchrist County.



SECTION C-2. COMPUTATION OF SERVICE ASSESSMENTS. The Service Assessments for Assessable Property shall generate the revenue budgeted to pay for the Service Cost for the Fiscal year beginning October 1, 1995, using the following schedule of assessment rates for specific properties as follows:



CLASS A PROPERTIES: An annual assessment of $69.35 per unit shall be imposed upon all dwelling units, offices, barber and beauty shops, service stations, dentist and doctor offices and other light commercial properties. Lots or parcels having single dwelling units or family residences shall be assessed one unit for each residence or dwelling unit. Lots or parcels having multiple family residences or dwelling units shall be assessed a unit for each apartment or housing unit located thereof. Motels and improved overnight campground units (hereinafter referred to as temporary units) shall be assessed at $2.77 per unit. Lots or parcels used both for permanent residences and temporary units shall be assessed for the number of permanent units on the property plus the assessment for temporary units to be calculated as set forth above. Commercial lots or parcels shall be assessed one unit for each commercial business located on said property.



CLASS B PROPERTIES: Small restaurants, small grocery stores, small to medium manufacturing plants, and medium size commercial businesses, all defined as having less than 4000 square feet of floor space, shall be assessed annually an amount per unit not to exceed $104.02.



CLASS C PROPERTIES: Large restaurants, large grocery stores, supermarkets, large manufacturing plants and other large commercial enterprises, all defined as having more than 4000 or greater square feet of floor space, shall be assessed annually an amount per unit not to exceed $138.69.



Nursing homes shall be assessed at the rate of $69.35 per licensed bed.



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



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



SECTION C-3. EXEMPTIONS: The Board hereby establishes the following exemptions to the application of this ordinance:



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



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



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



(D) Vacant Commercial Property. Those commercial buildings that are vacant for the entire Fiscal Year in which a Service Assessment is imposed for Emergency Medical Services may be exempt, by application, from such a Service Assessment. The application for exemption from the imposition of the Service Assessment must be submitted with appropriate proof that said commercial buildings are vacant and will remain vacant for the entire Fiscal Year in which an exemption is applied for. The exemption must be applied for annually. A guardian, holder of a power of attorney or other person acting for an on behalf of the property owner may apply for the exemption with appropriate proof of authority to act.



Following discussion, the Board unanimously agreed to adopt, by resolution, the proposed tentative budget for Emergency Medical Services, upon motion from Commissioner Suggs, which was seconded by Commissioner Cannon.



95-63



RESOLUTION ADOPTING TENTATIVE BUDGET FOR EMERGENCY

MEDICAL SERVICES TAXING UNIT FOR FISCAL YEAR COMMENCING

OCTOBER 1, 1995.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida, has this 11th day of September, 1995, held a public hearing to adopt its tentative budget for Emergency Medical Services for the fiscal year beginning October 1, 1995; and



WHEREAS, said public hearing has been duly advertised and the tentative budget has been amended as the Board of County Commissioners of Gilchrist County, Florida, has considered appropriate.



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that the tentative budget for Emergency Medical Services be and is hereby adopted.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



The Board reviewed the proposed Solid Waste special assessment rates, which are the same as the current rates. It was pointed out that the rates for the city of Trenton are slightly less than other areas of the county. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to adopt, by resolution the annual special assessment rates for Solid Waste, along with the assessment role and notices mailed. The motion carried unanimously.



RESOLUTION 95-64



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, KNOWN AS THE SOLID WASTE

ANNUAL RATE RESOLUTION, RELATING TO THE PROVISION OF

SERVICES AND FACILITIES FOR SOLID WASTE COLLECTION

AND DISPOSAL; ESTABLISHING THE RATE OF ASSESSMENT

FOR THE FISCAL YEAR 1995-96; IMPOSING SERVICE ASSESS-

MENTS AGAINST ASSESSABLE PROPERTY LOCATED WITHIN BOTH

THE UNINCORPORATED AND MUNICIPAL AREAS OF GILCHRIST

COUNTY; APPROVING THE SERVICE ASSESSMENT ROLL; APPROVING

AN EFFECTIVE DATE.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, has enacted Ordinance No. 94-08, which authorizes the imposition of Service Assessments for Solid Waste collection and disposal against certain Assessable Property located within the incorporated and unincorporated areas of the County; and



WHEREAS, the imposition of a Service Assessment for Solid Waste collection and disposal is an equitable and efficient method of allocating and apportioning Service Costs among parcels of Assessable Property; and



WHEREAS, the Board desires to continue a Solid Waste collection and disposal assessment program countywide within both the unincorporated and municipal areas of Gilchrist County, Florida using the tax bill collection method for the Fiscal Year beginning on October 1, 1995; and



WHEREAS, the subject matter of Solid Waste disposal is preempted to the County by legislative mandate in Section 403.706, Florida Statues, which mandates that the County has the responsibility and power to provide for that operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the County; and



WHEREAS, to the extent that property within municipal areas is determined to receive the same special benefit from the assessed Solid Waste Disposal and Recycling Services as similar property within the unincorporated areas, the Services Assessments imposed in such municipal areas shall be the same as those imposed in the unincorporated areas; and



WHEREAS, the consent of the governing bodies of the municipalities located within the County is not required for the furnishing by the County of essential Solid Waste Disposal and Recycling Services within municipal areas; and



WHEREAS, pursuant to the legislative finding in Section 1.03(E) of the Ordinance, the Service Assessments for Solid Waste Disposal and Collection Services are imposed pursuant to the power of local self-government authorized for the County in sections 125.01 (1) (r) and 125.01 (3), Florida Statutes; and



WHEREAS, the Board, on August 9, 1994, adopted Resolution No. 94-29 ("the Initial Assessment Resolution"), containing a brief and general description of Solid Waste Collection and Disposal facilities and services to be provided to Assessable Property, describing the method of apportioning the Service Cost to compute the Service Assessments for Solid Waste Collection and Disposal against specific properties, designating a rate of assessment, and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance; and



WHEREAS, the Board, on September 9, 1994, adopted Resolution No. 94-34, (the "Final Assessment Resolution") confirming the Initial Assessment Resolution; and



WHEREAS, pursuant to the provisions of the Ordinance, the County is required to adopt an Annual Rate Resolution for each fiscal year following the initial fiscal year for which a service assessment is imposed, after hearing comments and objections of all interested parties; and



WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; and



WHEREAS, notice of a public hearing has been published and, as required by the terms of the Ordinance, mailed to each property owner proposed to be assessed notifying such property owner of the Owner's opportunity to be heard, an affidavit regarding the form of notice mailed to each property owner being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and



WHEREAS, a public hearing has been held on September 11, 1995, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance;



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



SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance No. 94-08, Chapter 125, Florida Statutes, and other applicable provisions of law.



SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Rate Resolution as defined in Ordinance 94-08. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance.



SECTION 3. SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS.



(A) The parcels of Assessable Property described in the Assessment Roll, which is hereby approved, are hereby found to be specifically benefitted by the provision of Solid Waste Collection and Disposal facilities and services described in the Initial Assessment Resolution, in the amount of the Service Assessment set forth in the Assessment Roll, a copy of which was present or available at the time of the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessable Property within both the unincorporated and municipal areas will be benefitted by the County's provision of Solid Waste Collection and Disposal services and facilities in an amount not less than the Service Assessment for such parcel, computed in the manner set forth in this Resolution. The benefits provided to affected lands include by way of example and not limitation, the availability of facilities to properly and safely dispose of solid waste generated on improved lands, closure and the long term monitoring of the facilities, the development of future facilities and means to properly and safely dispose of solid waste generated on improved lands, a potential increase in value to improved lands, better service to owners and tenants, and the enhancement of environmentally responsible use and enjoyment of such land.



(B) The schedule of assessment rates contained in the Initial Assessment Resolution, which has been revised since the adoption of the Initial Assessment Resolution and is attached hereto and made a part hereof as Appendix C, is hereby approved. The imposition of the Services Assessments for Solid Waste Collection and Disposal in conformity with the schedule of assessment rates established in Appendix C hereof is an equitable and fair method of allocating and apportioning the cost of such service among the properties that are specially benefitted by such services and facilities.



(C) For the Fiscal Year beginning October 1, 1995, the Service Cost shall be allocated among all parcels of Assessable Property, based upon the schedule of assessment rates set forth in Appendix C, hereof. The assessment rates provided herein shall be deemed the Maximum Assessment Rates and are hereby approved. Service Assessments for Solid Waste Collection and Disposal in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessable Property described in the Assessment Roll.



(D) Such Service Assessments shall constitute a lien upon the Assessable Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid.



(E) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax collection method in the manner prescribed by the Ordinance.



SECTION 4. ASSESSMENT ROLL.



(A) The Assessment Role, which as prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution and as confirmed in the Final Assessment Resolution, is hereby approved.



(B) The Initial Assessment Resolution, as amended by this Resolution, is hereby confirmed.



SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the Service Assessments for Solid Waste Collection and Disposal), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution.



SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption, this 9th day of September, 1994.



DULY ADOPTED this 11th day of September, 1995.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



APPENDIX C

SCHEDULE OF ASSESSMENT RATES



SCHEDULE OF ASSESSMENT RATES APPORTIONING THE SERVICE

COST FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES

AND FACILITIES.



SECTION C-1. INTRODUCTION. In developing the anticipated budget for the County's Solid Waste Collection and Disposal Assessment Program, the Board, in an effort to distinguish between services and facilities not provided or available to the municipal area of Trenton, has identified various line item expenditures which are not attributable to the municipal area of Trenton. Accordingly, each property class in Section C-2 hereof addresses (A) property located in the unincorporated and municipal areas of Bell and Fanning springs and (B) properties located in the municipal area of Trenton.



SECTION C-2. COMPUTATION OF SERVICE ASSESSMENTS. The Service Assessments for Assessable Property shall generate the revenue budgeted to pay for the Service Cost for the Fiscal Year beginning October 1, 1995, using the following schedule of assessment rates for specific properties as follows:



CLASS A PROPERTIES LOCATED IN THE UNINCORPORATED AREA AND IN THE MUNICIPAL AREAS OF BELL AND FANNING SPRINGS: An annual assessment of $53.93 per unit shall be imposed upon all dwelling units, offices, barber and beauty shops, service stations, dentist and doctor offices and other light commercial properties. Lots or parcels having single dwelling units or family residences shall be assessed one unit for each residence or dwelling unit. Lots or parcels having multiple family residences or dwelling units shall be assessed a unit for each apartment or housing unit shall be assessed a unit for each apartment or housing unit located thereon. Motels and improved overnight campground units (hereinafter referred to as temporary units) shall be assessed at $2.32 per unit. Lots or parcels used both for permanent residences and temporary units shall be assessed for the number of permanent units on the property plus the assessment for temporary units to be calculated as set forth above. Commercial lots or parcels shall be assessed one unit for each commercial business located on said property.



CLASS A PROPERTIES LOCATED IN THE MUNICIPAL AREA OF TRENTON: An annual assessment of $44.24 per unit shall be imposed upon all dwelling units, offices, barber and beauty shops, service stations, dentist and doctor offices and other light commercial properties. Lots or parcels having single dwelling units or family residences shall be assessed one unit for each residence or dwelling unit. Lots or parcels having multiple family residences or dwelling units shall be assessed a unit for each apartment or housing unit located thereof. Motels and improved overnight campground units (hereinafter referred to as temporary units) shall be assessed at $1.91 per unit. Lots or parcels used both for permanent residences and temporary units shall be assessed for the number of permanent units on the property plus the assessment for temporary units to be calculated as set forth above. Commercial lots or parcels shall be assessed one unit for each commercial business located on said property.



CLASS B PROPERTIES LOCATED IN THE UNINCORPORATED AREA IN THE MUNICIPAL AREAS OF BELL AND FANNING SPRINGS: Small restaurants, small grocery stores, small to medium manufacturing plants, and medium size commercial businesses, all defined as having less than 4000 square feet of floor space, shall be assessed annually an amount per unit not to exceed $80.90.



CLASS B PROPERTIES LOCATED IN THE MUNICIPAL AREA OF TRENTON: Small restaurants, small grocery stores, small to medium manufacturing plants, and medium size commercial businesses, all defined as having less than 4000 square feet of floor space, shall be assessed annually an amount per unit not to exceed $66.36.



CLASS C PROPERTIES LOCATED IN THE UNINCORPORATED AREA AND IN THE MUNICIPAL AREAS OF BELL AND FANNING SPRINGS: Large restaurants, large grocery stores, supermarkets, large manufacturing plants and other large commercial enterprises, all defined as having more than 4000 or greater square feet of floor space, shall be assessed annually an amount per unit not to exceed $107.87.



Nursing homes shall be assessed at the rate of $0.93 per licensed bed.



CLASS C PROPERTIES LOCATED IN THE MUNICIPAL AREA OF TRENTON: Large restaurants, large grocery stores, supermarkets, large manufacturing plants and other large commercial enterprises, all defined as having more than 4000 or greater square feet of floor space, shall be assessed annually an amount per unit not to exceed $88.48.



Nursing homes shall be assessed at the rate of $0.76 per licensed bed.



MIXED CLASSES: Lots or parcels containing a mixture of different classes of property shall be assessed for the units of each class times the rate for that particular class plus the number of units of the other class times the rate applicable for that particular class.



SECTION C-3 EXEMPTIONS. The Board hereby determines that the following exemptions require nominal or demand for solid waste services and hereby established the following exemptions to the applications of this ordinance.



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



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



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



(D) Vacant Commercial Property. Those commercial buildings that are vacant for the entire Fiscal Year in which a Service Assessment is imposed for Solid Waste Services may be exempt, by application, from such a Service Assessment. The application for exemption from the imposition of the Service Assessment must be submitted with appropriate proof that said commercial buildings are vacant and will remain vacant for the entire Fiscal Year in which an exemption is applied for. A guardian, holder of a power of attorney, or other person acting for and on behalf of the property owner may apply for the exemption with appropriate proof of authority to act.



Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to adopt by resolution, the proposed tentative budget for Solid Waste. The motion carried unanimously.



RESOLUTION 95-65



RESOLUTION ADOPTING TENTATIVE BUDGET FOR SOLID WASTE

COLLECTION AND DISPOSAL SERVICES TAXING UNIT FOR FISCAL

YEAR COMMENCING OCTOBER 1, 1995.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida, has this 11th day of September, 1995, held a public hearing to adopt its tentative budget for Solid Waste Collection and Disposal Services for the fiscal year beginning October 1, 1995; and



WHEREAS, said public hearing has been duly advertised and the tentative budget has been amended as the Board of County Commissioners of Gilchrist County, Florida, has considered appropriate.



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that the tentative budget for Solid Waste Collection and Disposal Services be and is hereby adopted.



RESOLVED this day in public hearing the 11th day of September, 1995, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

GILCHRIST COUNTY, FLORIDA

/s/Wilbur Bush, Chairman



ATTEST:

/s/Jackie R. Barron, Clerk



There being no further business to discuss, a motion to adjourn at 10:10 p.m. was made by Commissioner Sheffield, seconded by Commissioner Cannon, and unanimously approved.



ATTEST: APPROVED:







JACKIE R. BARRON, CLERK WILBUR BUSH, CHAIRMAN