MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 9, 1996.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on Monday, September 9, 1996, 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 and Sam Ferguson, Deputy Clerks, Jim Cooper, Chief Deputy Sheriff, David Brittin, EMS Director, Dick Edwards, Community Programs Consulting, Dan Watts, Monsano Chemical Company, John Hadden, Three Rivers Regional Library System, Wilma Mattucci, Gilchrist County Library, Chuck Keister & W. D. Higgenbotham, North Central Florida Regional Planning Council, Gene Parrish, Parrish Land Surveying, Buddy Joyner, Road Superintendent, Mike O'Niel, Joe Gilliam, Tammy Davis, Carolyn Teague, Fred Teague, Elizabeth Stone, Ruby Johnson, E. J. Chickering, David Whittington, J. T. Beck, Rayanne Ferguson, Barbara McGeehan, Debra Olsen, Lorene Lang, John Sullivan, Wendy Hiatt, Michelle Barclay, Lou Ann Davis, William Spellman, Bud Riffle, Judy Riffle,Jim Suit, Bob Phillips, Sarah Collis, Johnnie Martin, Mr. & Mrs. Proctor, county residents.



Minutes of Previous Meetings:



The Board unanimously approved the minutes of the meeting held August 5, 1996, following a motion from Commissioner Suggs, which was seconded by Commissioner Cannon.



Clerk's Report:



Mr. Barron spoke to the Board about setting aside funds to use as a match for the COPS Fast grant match. According to Mr. Barron, this grant will decrease over a period of several years, which means the county match will increase. Eventually, the grant will be phased out completely. The grant is currently being used to fund several deputy positions and one secretarial position. If the Board chooses to maintain those positions, the funding source will need to be identified.



The Board agreed to amend the Solid Waste fund by the amount of the Landfill Closure Reimbursement Grant, following a motion from Commissioner Sheffield, which was seconded by Commissioner Wilkerson. The motion carried unanimously.



RESOLUTION 96-27:A



A RESOLUTION AMENDING THE SOLID WASTE TRUST FUND BUDGET

FOR FISCAL YEAR 1995-96.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County Solid Waste Trust Fund for Fiscal Year 1995-96; and



WHEREAS, Chapter 129.06, Florida Statutes authorized amendments of the budget by resolution to lawfully expend unanticipated revenues; and



WHEREAS, the Board of County Commissioners of Gilchrist County are in receipt of $351,651 of unanticipated revenues, in the form of a Landfill Closure Grant;

NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Solid Waste Trust Fund is hereby amended in an increased amount of $351,651.



RESOLVED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman

The Board approved the bills submitted by the Clerk, following a motion from Commissioner Sheffield, which was seconded by Commissioner Cannon. The motion carried unanimously.



The Board unanimously agreed to amend the Transportation Impact Fee Fund, following a motion from Commissioner Suggs, which was seconded by Commissioner Wilkerson.



RESOLUTION 96-28:A



A RESOLUTION AMENDING THE TRANSPORTATION IMPACT FEE FUND

BUDGET FOR FISCAL YEAR 1995-96.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County Transportation Trust Impact Fund for Fiscal Year 1995-96; and



WHEREAS, Chapter 129.06, Florida Statutes authorized amendments of the budget by resolution to lawfully expend unanticipated revenues; and



WHEREAS, the Board of County Commissioners of Gilchrist County are in receipt of $150,000 of unanticipated revenues, in the form of debt proceeds;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Transportation Impact Fee Fund is hereby amended in an increased amount of $150,000.



RESOLVED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Barron spoke to the Board about legislative changes in traffic fines which will impact the Clerk's office, as well as the revenues for the Board. These changes will be effective October 1, 1996. According to Mr. Barron, the Board will have the opportunity to impose an additional court cost which may net $13,000-$20,000 for one year. These funds could be placed in General Revenue or Fine & Forfeiture.



Mr. Barron reviewed the preliminary population estimates from the University of Florida, Bureau of Economic Development. According to their report, the total unincorporated population for Gilchrist County is 10,281. Board members expressed that they believe the estimates for Gilchrist County are low and asked Mr. Barron to contact the Bureau of Economic Development and have a representative meet with the Board to explain their methodology for establishing their count.



Mr. Barron discussed a possible tourism tax which the Board could impose. This tax, up to 3%, could be collected by hotels, campgrounds, and restaurants. The Board asked Mr. Burt to research the requirements for implementing a tourism tax.



Following discussion, Commissioner Cannon made a motion, seconded by Commissioner Suggs, to approve journal/budget entries 1137-1158. The motion carried unanimously.



Mr. Barron spoke to the Board about the Solid Waste fund. Mr. Barron stated that the Board could fund a county-wide collection service for a year at no additional cost through the Solid Waste fund reserve. According to Mr. Barron, it is becoming increasingly difficult to justify assessments with a reserve of over $400,000.



A letter from the North Central Florida Health Planning Council has been received, requesting that Tammy Sanders be reappointed as Gilchrist County's representative on the Council. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to reappoint Ms. Sanders to a two year term. The motion carried unanimously.



Following discussion, the Board unanimously approved an interlocal agreement with the North Central Florida Regional Planning Council for economic development, upon motion from Commissioner Suggs, which was seconded by Commissioner Sheffield.



The Board unanimously agreed, following a motion from Commissioner Suggs, which was seconded by Commissioner Wilkerson, to continue their membership with the Small County Coalition.



RESOLUTION 96-29



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 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 FY 96-97 and agrees to pay $1,338.80 for services through September 30, 1997.



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



ADOPTED by the Gilchrist County Board of County Commissioners in Session at Trenton, Florida on the 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Barron reported that the SHIP program has assisted Elmer & Paula Canova on an emergency basis, however, there are many more section 8 deficiencies at the home and requests the Board designate this home as a joint SHIP/CDBG project. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to identify this project as a joint project. The motion carried unanimously.



Mr. Barron reported that two SHIP loans have been accelerated by the lending institutions and he is currently looking for qualified applicants to purchase the homes.



Attorney's Report:



Several residents of Appaloosa Trails were in attendance to request that the county maintain the roads in that subdivision. According to those in attendance, the developer has not maintained the roads and they have not been able to get in touch with the developer. Commissioner Sheffield suggested that the developer bring the roads up to county standards before the Board considers maintenance. Mr. Burt stated that he would look at easements, centerlines, etc. in regards to this subdivision.



Mr. Johnnie P. Martin and Mr. John Willie Martin spoke to the Board about conveying right-of-way to the county to assist the school board with their new school construction project in Bell. According to Mr. Burt, the Sanders family and the school board is in the process of conveying right-of-way to the county. Mr. Burt disclosed that he has a part ownership in property located in the area and is also willing to convey ROW to the county. In order to accomplish this, the process will involve vacating a portion of public road in Gilchrist County, however, there is not actually a road located where the map indicates; rather a vacant strip of land. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to set a public hearing, by resolution, on November 4, 1996, at 10:00 a.m., to consider the petition to vacate a public road. The motion carried unanimously.



RESOLUTION 96-30



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA SETTING PUBLIC HEARING ON

A VACATION OF A ROAD LOCATED IN THE SOUTH HALF OF THE

SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 31,

TOWNSHIP 8 SOUTH, RANGE 15 EAST, GILCHRIST COUNTY,

FLORIDA.



WHEREAS, JOHN WILLIE MARTIN, LENA MAE MARTIN, WILLIAM R. PARK, JOHNNIE P. MARTIN, WILMA JEAN SAILS and THEODORE M. BURT, have petitioned the Board of County Commissioners to vacate a portion of a road described as follows:



14 feet on either side of the dividing line between the

Northwest Quarter and the Southwest Quarter of Section

31, Township 8 South, Range 15 East, Gilchrist County,

Florida.



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that at 10:00 a.m. on November 4, 1996, at the County Commission Room, Gilchrist County Courthouse, Trenton, Florida, the Board of County Commissioners will consider the vacation of the road as above described.



RESOLVED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. & Mrs. Proctor appeared before the Board to request an exemption from the EMS and Solid Waste non advalorem assessments. The Proctors own ten acres in Gilchrist County with a mobile home and a camper trailer. The camper trailer is not connected to sewage, however, it is connected to electric. According to the Proctors, the camper trailer is used for storage. Commissioner Sheffield recalled that the Board has exempted travel trailers in the past, and he specifically recalled one exempted that was used as a changing room for a swimming pool. Mr. Burt urged the Board to set some guidelines for Mr. Langford, Deputy Tax Collector, to use to make his determinations. Mr. Burt suggested that the Proctors sign an affidavit declaring that the camper trailer is used solely for storage. The Proctors indicated they would be willing to affirm that the camper trailer is used for storage.



Mr. Burt announced that there are vacancies on the Code Enforcement Board and the Transportation for Disadvantaged Committee. The Board advised Mr. Burt to advertise the vacancies.



Mr. Burt presented a resolution which would increase the Park Board membership from three to five. Commissioner Cannon made a motion, seconded by Commissioner Wilkerson, to adopt the resolution. The motion carried unanimously.



RESOLUTION 96-31



A RESOLUTION AMENDING RESOLUTION 95-35 CREATING AN ADVISORY

BOARD KNOWN AS THE GILCHRIST COUNTY PARKS AND RECREATION

BOARD KNOWN AS THE GILCHRIST COUNTY PARKS AND RECREATION

BOARD BY INCREASING THE BOARD FROM A THREE (3) MEMBER BOARD

TO A FIVE (5) MEMBER BOARD, TO BE APPOINTED BY THE COUNTY

COMMISSIONERS.



WHEREAS, Gilchrist County adopted Ordinance No. 95-35 on May 15, 1995, which created the Gilchrist County Parks and Recreation Board; and



WHEREAS, that creating resolution established the Board as a three (3) member board; and



WHEREAS, the Gilchrist County Board of County Commissioners determines that public recreational programs and facilities can best be developed and promoted by the creation of a five (5) member board instead of a three (3) member board.



NOW, THEREFORE, BE IT RESOLVED, by the Gilchrist County Board of County Commissioners that the Gilchrist County Parks and Recreation Board shall be composed of five (5) members, including one County Commissioner, to be appointed by the County Commissioners. The three (3) current members, Eudell Parrish, Earl Rogers and Billy Smith, shall continue to serve their terms and of the two additional new members, Sherree Pitzarell, shall serve initial term of four years. The member from the County Commission shall be appointed by the Chairman on an annual basis. Vacancies shall be filled in the same manner as original appointments. Compensation for members of the Board shall be determined by separate resolution.



All resolution of the County in conflict herewith are hereby repealed.



This resolution shall become effective on October 1, 1996.



RESOLVED in regular meeting of Gilchrist County Board of County Commissioners this 9th day of September, 1996.



GILCHRIST COUNTY BOARD OF

ATTEST: COUNTY COMMISSIONERS

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Burt presented a resolution for the Board's consideration, to set a public hearing to consider closing a road, upon the request of Nadine Watson. Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to set a public hearing, by resolution, on November 4, 1996, at 9:30 a.m. The motion carried unanimously.



RESOLUTION 96-32



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA SETTING PUBLIC HEARING ON A

VACATION OF A ROAD LOCATED IN THE WEST HALF OF THE

SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 8 SOUTH, RANGE

16 EAST, GILCHRIST COUNTY, FLORIDA.



WHEREAS, NADINE WATSON, individually and as Trustee, and LARRY MARTIN, have petitioned the Board of County Commissioners to vacate a portion of a road described as follows:



The Southerly 20 feet of the Westerly 900 feet of the Northwest quarter of the Southwest quarter of Section 36, Township 8 South, Range 16 East, Gilchrist County, Florida.



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that at 9:30 a.m. on November 4, 1996, at the County Commission Room, Gilchrist county Courthouse, Trenton, Florida, the Board of County Commissioners will consider the vacation of the road as above described.



RESOLVED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Burt presented a resolution and note for the Board's consideration for a Line of Credit in the amount of $150,000 for the surfacing of county roads 341 and 232. Commissioner Cannon made a motion, seconded by Commissioner Sheffield, to adopt the resolution. The motion carried unanimously.



RESOLUTION 96-33



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS AUTHORIZING THE FINANCING OF CAPITAL

IMPROVEMENTS ON COUNTY ROADS IN AND FOR GILCHRIST

COUNTY, FLORIDA, UTILIZING IMPACT FEE FUNDS.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida enacted Ordinance No. 93-01, as amended, which became effective February 5, 1993; and



WHEREAS, said ordinance provides for the collection of impact fees to finance capital improvements for road networks; and



WHEREAS, the funds are to be utilized for additional capital facilities made necessary as a result of new development; and



WHEREAS, new development has necessitated increasing the capacity of the road network within the County; and



WHEREAS, the ordinance allows for the payment of principal and interest on indebtedness issued by the County to fund growth necessitated improvements and addition to the County's road network system; and



WHEREAS, the Board of County Commissioners has determined that improvements to the road system are now necessitated by growth in the County causing increased impact on the County road system; and



WHEREAS, Tri-County Bank has approved the lending of monies to Gilchrist County for said improvements; said financing to be repaid from funds generated from impact fees imposed in Gilchrist County, Florida, as established by Gilchrist County Ordinance 93-01, as amended; 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 of County Commissioners determines that the terms in that note as attached hereto are acceptable in form and content and represent the best interest of the citizens of Gilchrist County as providing the means to secure the funds to make capital improvements to the road system 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 "growth necessitated" capital improvements to the road system within Gilchrist County, Florida.



IT IS 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 impact fees imposed by Ordinance 93-01, as amended, 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 Tri-County Bank shall be made from the funds established by said Ordinance 93-01, as amended, 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 impact fee 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 impact fees as provided for in said Ordinance 93-01, as amended, 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 $150,000.00, attached to this 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 9th day of September, 1996, at the regular meeting of the Board of County Commissioners in and for Gilchrist County, Florida.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Burt spoke to the Board about the contributions made by the Board to the Suwannee River Fair Association. The amount was established by ordinance, therefore, any change to the amount will require a change in the ordinance. The Board agreed to schedule a public hearing on Monday, October 4, 1996, at 9:15 a.m., to consider the adoption of an ordinance, which would amend the amount of the lump sum payment to be determined on an annual basis.



Mr. Burt presented a resolution for the Board's consideration, which would eliminate the county's pension fund. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to adopt the resolution. The motion carried unanimously.



RESOLUTION 96-34



RESOLUTION ELIMINATING THE PENSION FUND FOR GILCHRIST

COUNTY, FLORIDA.



WHEREAS, Gilchrist County over the past many years has maintained a pension fund for indigent residents of the County; and



WHEREAS, State and Federal funding mechanisms have come into place which assist indigent residents; and



WHEREAS, the County, because of recent budgetary problems, finds it more and more difficult to maintain the pension fund; and



WHEREAS, the County wishes to continue the pension fund for the current recipients;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the pension fund maintained by the County shall include no additional persons for participation. The current recipients of the pension fund shall remain recipients, for so long as he or she shall remain living and otherwise entitled to receipt of the pension fund. No new persons shall be added to the pension fund roll.



RESOLVED in regular meeting of the Gilchrist County Board of County Commissioners this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Mr. Burt stated that he has received a request from Howard Cook for reimbursement of special assessments paid in 1993 and 1994. During that time, Mr. Cook was in a nursing home and should not have paid the assessments, however, the assessments were paid. For the record, Mr. Burt stated that Mr. Cook has been declared incompetent and a guardian has been appointed. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to reimburse the special assessments to Mr. Cook. The motion carried unanimously.



Mr. Burt presented a resolution for the Board's consideration which would establish a joint maintenance agreement between the County and the state Department of Transportation for CR 55A. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to adopt the resolution. The motion carried unanimously.



RESOLUTION 96-35



WHEREAS, the State of Florida, Department of Transportation is in the process of making improvements to County Road 55A from the Levy County line to State Road 26; and



WHEREAS, the program for improvement is made in conjunction with continuing maintenance by Gilchrist County of that portion of the road located in Gilchrist County; and



WHEREAS, in order for the Department to continue participation there must be an agreement between the County and the Department of Transportation; and



WHEREAS, the County wishes to avail itself of the opportunity for improvement of said road;



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners in and for Gilchrist County, Florida, that the Chairman of the Board is hereby authorized and directed to enter into a Joint Maintenance Agreement, a copy of which is attached hereto, and to execute any other documents necessary to carry out the terms of the Joint Maintenance Agreement.



RESOLVED in regular session of the Gilchrist County Board of County Commissioners this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



CDBG Report:



Mr. Dick Edwards, Community Programs Consulting, reported to the Board that Mr. & Mrs. George Dull, CDBG applicants, have by-passed the Citizens Task Force and the Board, filing a complaint directly with the Department of Community Affairs. Mr. Edwards presented a letter he prepared for the Chairman's signature, responding to the letter received from DCA regarding the above complaint. Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to authorize the Chairman to sign the letter. The motion carried unanimously.



The Board agreed to set a public hearing for a CDBG plan amendment on September 23, 1996, at 6:30 p.m.



Commissioner Sheffield asked Mr. McQueen about road department employees and equipment being used to remove old mobile homes and debris from property where new mobile homes are to be placed under the CDBG program. It was his understanding that the fire departments would be responsible for demolition. Mr. McQueen replied that the old mobile homes will be removed by the mobile home companies as a part of the delivery of the new mobile homes. Road department equipment and employees have been used for the clean up. The volunteer fire departments will demolish a house which will be replaced with a new mobile home.



Pension Roll:



A request has been received from Doris Osteen's son to have his mothers name removed from the pension roll. Ms. Osteen is currently residing in a nursing home.



The Board recessed for lunch at 12:15 p.m. and reconvened at 1:17 p.m.



Emergency Management/County Coordinator's Report:



Mr. Joyner, road superintendent, introduced Mr. Dan Watts, Monsano Chemical Company. Mr. Watts spoke to the Board about the use of herbicides on county right-of-ways. According to Mr. Watts, the applications of these chemicals will last 2 to 3 years and can reduce the time and expense involved in limbing. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to apply the product to 20 miles of right-of-way in each district. The motion carried unanimously.



CDBG:



After reviewing the letter the Board authorized the Chairman to sign in regards to the CDBG program, Mr. Barron announced that the letter contains false statements and cautioned the Board not to send the letter as prepared by Mr. Edwards. The Board advised Mr. McQueen to contact Mr. Edwards and have the letter revised.



Chuck Keister- North Central Florida Regional Planning Council:



Mr. Keister introduced Mr. W. D. Higgenbotham, economic development director with the NCFRPC. Mr. Higgenbotham spoke to the Board about the multi-county interlocal agreement for economic development. The Board informed Mr. Higgenbotham that the agreement was approved earlier in the meeting, and provided him with a copy.



EMA/County Coordinator's Report (cont.):



Mr. McQueen presented a contract for large quantity hazardous waste generator monitoring. The contract is with the Division of Emergency Management in the amount of $2672. According to Mr. McQueen, the county can accomplish the monitoring in-house. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to approve the contract. The motion carried unanimously.



Mr. McQueen presented a contract with the Division of Emergency Management for funding for his position. The contract is for $92,090. Commissioner Cannon made a motion, seconded by Commissioner Wilkerson, to approve the contract. The motion carried unanimously. Mr. McQueen announced that the new school at Bell will have the first approved emergency shelter.



Mr. McQueen reported that the Florida Consumer and Agriculture Department submitted a complaint that county roads are been graded too frequently.



Mr. McQueen stated that the Florida League of Cities Rick Control department is assisting the county in developing a safety manual for county employees.



Mr. McQueen reported that 50 building permits were issued last month.



According to the Department of Transportation, the traffic county on U.S. 129 north of Bell is 2800 and north of Trenton is 2000. In order to widen the highway, the county must register between 12,000-14,000.



Interlocal agreements are needed between the county and cities within the county for the use of the recycling & educations grant. Commissioner Suggs made a motion, seconded by Commissioner Sheffield to approve interlocal agreements with the municipalities of Trenton, Bell and Fanning Springs. The motion carried unanimously.



Commissioner Cannon made a motion, seconded by Commissioner Wilkerson, to submit grant applications as follows: Small County @ $50,000; Litter Control @ $10,000; Waste Tire @ $7083; and Recycling & Education @ $72,442. The motion carried unanimously.



Commissioner Sheffield discussed EMS wages with Mr. McQueen.



John Hadden- Three Rivers Regional Library/Gilchrist County Library:



Mr. Hadden submitted a circulation report for the Gilchrist County Library. The report indicates that the overall circulation is up 52%. New registrations are up 225%. According to Mr. Hadden, Three Rivers Regional Library System has signed interlocal agreements with the Suwannee River Regional Library System, Lake City Community College, and Alachua County libraries.



Final Plat- Suwannee Shores:



The Board discussed the final plat for Suwannee Shores with Gene Parrish, Parrish Land Surveying. There are several changes that need to be made on the lot lines, which would require additional footage to be conveyed to the county from the developer. Following discussion, Commissioner Cannon made a motion to approve the final plat, subject to the changes and upon the advise of Mr. Burt. The motion was seconded by Commissioner Wilkerson, and unanimously approved.



Jail Facility Steering Committee:



Chief Deputy Jim Cooper spoke to the Board about the appointment of a steering committee to consider the construction of a new facility, using Law Enforcement Trust Fund monies. Chief Cooper and the Board agreed to postpone appointing a committee until after the November elections.



Mike O'Neil- Complaint Regarding Waste Tire:



Mr. O'Neil spoke to the Board about his neighbors property. According to Mr. O'Neil, the number of waste tires illegally stored on the property has created a problem with mosquitoes, in addition to being an eye-sore. The neighbor was arrested for illegally dumping tires about a year ago, however, he has not yet appeared in court and the tires continue to cause a problem. Mr. Barron suggested using the waste tire grant to clean up the property and billing the property owner for the cost involved. If the property owner does not pay for the clean up, a lien could be placed on the property. Mr. Burt agreed and advised that the complaint should go before the Code Enforcement Board. He also added that the city of Trenton has a mosquito spraying program and they could possibly assist.



EMA/County Coordinator's Report (cont.):



Commissioner Sheffield asked Mr. McQueen about the circumstances surrounding Clark Cannon's return to road grading after his retirement. Mr. McQueen replied that Mr. Cannon expressed a desire to work a day or two per week and since Mr. Sanders has been out on medical leave, the need for an additional grader arose.



Commissioner Sheffield asked Mr. McQueen if Billy Cannon received his 25 cents per hour increase for servicing tires and Mr. McQueen stated that he has received the increase.



Commissioner Sheffield asked Mr. McQueen about the circumstances surrounding the use or road department employees to remove an old barge from the river which belonged to the Hoolihans. Mr. McQueen stated that he received a request from the Game & Fresh Water Fish Commission to assist in tearing down and removing the barge because it was creating a safety hazard and the Hoolihans have not responded to the Commission's request to remove the barge. Commissioner Sheffield expressed displeasure regarding the use of county employees to perform such work on behalf of the Game & Fresh Water Fish Commission. Mr. McQueen replied that it is his desire to assist other local governmental agencies.



Attorney's Report (cont.):



Mr. Burt presented a contract for engineering services with Mills Engineering. There is a $5.00 per hour increase for the design engineer. The Board unanimously approved the contract, following a motion from Commissioner Wilkerson, which was seconded by Commissioner Suggs.



Mr. Burt reminded the Board that DOT needs the county's priority list for the five year work plan and asked if there are other projects that need to be added. The Board unanimously identified and approved the following priorities, following a motion from Commissioner Suggs, which was seconded by Commissioner Wilkerson:



1. Widen and resurface county road 55A between U.S. 19 and state road 26.



2. Install a turn lane and caution light at the intersection of state road 26 and Southeast 70th Avenue (Wacasassa Road).



3. Install a turn lane at state road 26 and county road 337.



4. Widen and resurface county road 232 between U.S. 129 and state road 47.



5. Widen and resurface county road 232 between U.S. 129

and the Alachua County line.



6. Resurface U.S. 129 between Trenton and Bell.



7. Install a turn lane at the intersection of state road 26 and county road 341.



8. Install a turn lane at the intersection of state road 26 and Lancaster Correctional Institute.



9. Widen and resurface county road 138 between U.S. 129 and state road 47.



Clerk's Report (cont.):



Mr. Barron spoke to the Board about non advalorem assessments and asked the Board to consider further definitions regarding commercial units. According to Mr. Barron, there are several family farms in Gilchrist County, such as Misty Farms and Alcott that are family style farms that are assessed the same as large corporate dairies. The Board took no action.



EMA/County Coordinator's Report (cont.):



Mr. McQueen reported that a 911 operator at the Sheriff's Department recently assisted in saving the life of an infant and he would like to acknowledge her outstanding performance as a 911 operator. The Board agreed that the employee deserves special recognition.



Mr. McQueen reported that Dr. Cox is leaving the Trenton Medical Center, however, he has indicated that he is willing to continue to serve as the county's medical director.



The Board discussed the possibility of assisting the city of Trenton with the costs associated with extending the water and sewer lines to new businesses. The total cost of materials is estimated to be $28,000 and the city is willing to provide the labor. The new businesses will offer jobs to the local residents. The Board agreed to offer the city of Trenton assistance, if the funds are available, upon the request of the city.



The Board recessed at 6:20 p.m. and reconvened at 7:30 p.m.



Tentative Budget Hearing:



Special Assessments for EMS & Solid Waste:



Mr. Burt explained to those in attendance that the non advalorem assessments under consideration by the Board are the same rates as those currently in effect. He further explained that there are certain exemptions available to qualified residents.



Several residents stated that paying the assessments are a financial strain, especially those living on a limited income, such as social security or VA pensions. Mr. Barron stated that there is an exemption available, referred to as the "hardship exemption" and further explained that the applications are available in the Tax Collectors Office.



Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Sheffield, to adopt the EMS non advalorem annual rates, by resolution. The motion carried unanimously.



RESOLUTION 96-36



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, KNOWN AS THE EMERGENCY MEDICAL

SERVICES ANNUAL RATE RESOLUTION, RELATING THE PROVI-

SION OF EMERGENCY MEDICAL SERVICES AND FACILITIES; ESTAB-

LISHING THE RATE OF ASSESSMENT FOR FISCAL YEAR 1996-97;

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 Fiscal Year beginning on October 1, 1996; 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 the Ordinance; and



WHEREAS, the Board, on September 9, 1994, adopted Resolution 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 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



WHEREAS, a public hearing has been held on September 9, 1996, 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 can 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 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 B, 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 B 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, 1996, the Service Cost shall be allocated among all parcels of Assessable Property, based upon the schedule of assessment rates set forth in Appendix B, 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 the Ordinance.



SECTION 4. ASSESSMENT ROLL.



(A) For the Fiscal Year 1996-97, the Service Assessment for Emergency Medical Services shall be allocated among all parcels of assessable property, based upon the schedule of assessment rates which apportion the service cost described in Appendix B hereof.



(B) The Clerk of Court, or his designee, shall be the Assessment Coordinator for the purposes of administering the ordinance and this resolution, adopted relative to the provision for availability of emergency medical services and facilities. The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, an Assessment Role for the fiscal year beginning October 1, 1996, in the manner provided in the ordinance. The Assessment Roll shall contain the following:



(1) A summary description of all assessable property conforming to the description contained on the tax role;



(2) The name and address of the owner of record of each parcel as shown on the tax roll; and



(3) The amount of the service assessment for emergency medical services, which, when applicable, shall include for each parcel an amount equivalent to the payment delinquency or any like assessment previously imposed and authorized to be collected by any method other than authorized by the Uniform Assessment Collection Act. The Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the service assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such service assessment for each parcel of assessable property shall be computed by using the schedule of assessment rates described in Appendix B hereof.



(C) It is hereby ascertained, determined, and declared that the foregoing method of determining the service assessments for emergency medical services:



(1) Is a fair and reasonable method of apportioning the service cost therefore among parcels of Assessable Property located within the Benefit Unit; and



(2) Is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for emergency medical services and facilities which are allocable to specific parcels of assessable property.



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 9th day of September, 1996.



DULY ADOPTED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: OF GILCHRIST COUNTY, FLORIDA

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



APPENDIX B

SCHEDULE OF ASSESSMENT RATES



SCHEDULE OF ASSESSMENT RATES APPORTIONING

THE SERVICE COST FOR EMERGENCY MEDICAL

SERVICES AND FACILITIES



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



SECTION B-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, 1996, 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 BE 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 B-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 only may be exempt, by application, from the Emergency Medical Services Assessment. The application for exemption from the imposition of the Emergency Medical 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 commercial or agricultural purposes. 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 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 and on behalf of the property owner may apply for the exemption with appropriate proof of authority to act.



(E) Hunting Camp Properties. Those hunting camp areas which are used during the hunting season and only occasionally during the nonhunting season shall be subject to 1 class A Assessment and additional assessments as improved overnight campground units for each unit on the site in excess of 1 in the hunting camp area. The hunting camp property area is defined as an area, not in excess of 40 acres. The maximum use for treatment as a hunting camp property cannot exceed 90 days for any unit within the hunting camp property area. Application for treatment as a hunting camp property must be applied for annually and no later than December 31 of each assessment year. Applicants for the classification must file annually and provide written documentation satisfactory to the county to qualify for the classification. For those units used in excess of 90 days, said units shall be subject to a Class A Assessment.



Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to adopt the Solid Waste annual rates, by resolution. The motion carried unanimously.



RESOLUTION 96-37



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 1996-97; 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 Solid Waste collection and disposal against certain Assessable Property located within the incorporated and unincorporated areas of the County; 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, 1996; and



WHEREAS, the subject matter of Solid Waste disposal is preempted to the County by the legislative mandate in Section 403.706, Florida Statutes, 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 Ordinance; and



WHEREAS, the Board, on September 9, 1994, adopted Resolution No. 94-35 (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 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



WHEREAS, a public hearing has been held on September 9, 1996, 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. 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, 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 B, 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 B 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, 1996, the Service Cost shall be allocated among all parcels of Assessable Property, based upon the schedule of assessment rates set forth in Appendix B, hereof. The assessment rates provided herein shall be deemed the Maximum Assessment Rate and are hereby approved. Service Assessments for Solid Waste Collection and Disposal in the amount 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 lines, 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) For the fiscal year 1996-97, the service assessment for Solid Waste collection and disposal shall be allocated among all parcels of assessable property, based upon the schedule of assessment rates which apportion the service cost described in Appendix C hereof.



(B) The Clerk of Court, or his designee, shall be the Assessment Coordinator for the purposes of administering the ordinance and this resolution, adopted relative to the provision for availability of Solid Waste collection and disposal. The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, an Assessment Roll for the fiscal year beginning October 1, 1996, in the manner provided in the ordinance. The Assessment Roll shall contain the following:



(1) A summary description of all assessable property conforming to the description contained on the tax roll;



(2) The name and address of the owner of record of each parcel as shown on the tax roll; and



(3) The amount of the service assessment for Solid Waste collection and disposal, which, when applicable, shall include for each parcel an amount equivalent to the payment delinquency or any like assessment previously imposed and authorized to be collected by any method other than authorized by the Uniform Assessment Collection Act. The Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the service assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such service assessment for each parcel of assessable property shall be computed by using the schedule of assessment rates described in Appendix B hereof.



(C) It is hereby ascertained, determined, and declared that the foregoing method of determining the service assessments for Solid Waste collection and disposal:



(1) Is a fair and reasonable method of apportioning the service cost therefore among parcels of Assessable Property located within the Benefit Unit; and



(2) Is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Solid Waste collection and disposal and facilities which are allocable to specific parcels of assessable property.



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, 1996.



DULY ADOPTED this 9th day of September, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



APPENDIX B

SCHEDULE OF ASSESSMENT RATES



SCHEDULE OF ASSESSMENT RATES APPORTIONING

THE SERVICE COST FOR SOLID WASTE COLLECTION AND DISPOSAL

SERVICES AND FACILITIES



SECTION B-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 B-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 B-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, 1996, 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 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 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 B 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 B-3. EXEMPTIONS:



The Board hereby determines that the following exemptions require nominal or no demand for solid waste services and hereby established 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 Solid Waste Collection and Disposal Assessment. The application for exemption from the Solid Waste Collection and Disposal 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 (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 for 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. 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 property owner may apply for the exemption with appropriate proof of authority to act.



(E) Hunting Camp Properties. Those hunting camp areas which are used during the hunting season and only occasionally during the nonhunting season shall be subject to 1 Class A Assessment and additional assessments as improved overnight campground units for each unit on the site in excess of 1 in the hunting camp area. The hunting camp property area is defined as an area, not in excess of 40 acres. The maximum use for treatment as a hunting camp property cannot exceed 90 days for any unit within the hunting camp property area. Application for treatment as a hunting camp property must be applied for annually and no later than December 31 of each assessment year. Applicants for the classification must file annually and provide written documentation satisfactory to the county to qualify for the classification. For those units in excess of 90 days, said units shall be subject to a Class A Assessment.



Tentative Millage Rates and Budgets:



Mr. Burt announced that the Board is considering a tentative millage rate of 10 mills for general governmental services, which is the same millage rate currently in effect. The anticipated increase in ad valorem taxes generated is 9.93%.



Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to adopt, by resolution, a tentative millage rate of 10 mills. The motion carried unanimously.



RESOLUTION 96-38



RESOLUTION ADOPTING TENTATIVE MILLAGE RATE FOR FISCAL

YEAR 1996-1997.



WHEREAS, the Board of County Commissioner of Gilchrist County, Florida, has this 9th day of September, 1996, held a public hearing to adopt the tentative millage rate for the tax year beginning October 1, 1996; and



WHEREAS, said public hearing has been duly advertised as provided by statute; 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, 1996, 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 board, said percentage increase being 9.93 percent.



RESOLVED this day in public hearing, the 9th day of September, 1996, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to adopt tentative budgets for county funds, by resolution. The motion carried unanimously.



RESOLUTION 96-39



RESOLUTION ADOPTING TENTATIVE BUDGET FOR FISCAL YEAR

1996-97.



WHEREAS, the Board of County Commissioners of Gilchrist County, Florida, has on the 9th day of September, 1996, held a public hearing to adopt its tentative budget for the fiscal year beginning October 1, 1996; 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 tentative budget for the fiscal year commencing October 1, 1996, regarding the General Fund, Court Facilities Trust Fund, Capital Outlays, Community Development Block Grant Fund, 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 Fund, Transportation Impact Fee Fund and Transportation Trust Fund, Solid Waste Fund, and Emergency Medical Services Fund be and are hereby adopted.



RESOLVED this day in public hearing the 9th day of September, 1996, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



The Board discussed the tentative millage rate for fire services. Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to adopt, by resolution a half mill for fire services. The motion carried unanimously.



RESOLUTION 96-40



RESOLUTION ADOPTING TENTATIVE MILLAGE RATE FOR MUNICIPAL

SERVICE TAXING UNIT FOR FIRE PROTECTION SERVICES FOR

FISCAL YEAR COMMENCING OCTOBER 1, 1996.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida, has on the 9th day of September, 1996, 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, 1996; 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, 1996, 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 9.93 percent.



RESOLVED this day in public hearing the 9th day of September, 1996, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to adopt a tentative budget for fire services, by resolution. The motion carried unanimously.



RESOLUTION 96-41



RESOLUTION ADOPTING TENTATIVE BUDGET FOR MUNICIPAL SERVICE

TAXING UNIT FOR FIRE PROTECTION SERVICES FOR FISCAL YEAR

COMMENCING OCTOBER 1, 1996.



WHEREAS, the Gilchrist County Commissioners of Gilchrist County, Florida, has this 9th day of September, 1996, held a public hearing to adopt its tentative Municipal Service Taxing Unit (MSTU) budget for Fire Protection Services for the fiscal year beginning October 1, 1996; 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 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 9th day of September, 1996, by unanimous vote of the Gilchrist County Board of County Commissioners.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Jackie R. Barron, Clerk /s/Wilbur Bush, Chairman



Road Department:



The Board discussed the road surfacing projects with Mr. Joyner and Mr. McQueen. According to Mr. Joyner, the only place he can obtain milled asphalt now is in Lake City, which in his opinion is too far away. Anderson Paving has some stockpiled at a closer location. Chairman Bush stated that he would contact Anderson to see if the milled material is available. There followed discussion as to where the milled material should be applied. Commissioner Sheffield stated that he is in favor of surfacing the roads leading to churches. Commissioner Wilkerson made a motion, seconded by Commissioner Sheffield, to authorize Mr. Joyner to use his own judgement in regards to where the milled asphalt should be applied. The motion carried by split vote as follows:



Wilkerson- Yes

Sheffield- Yes

Bush- Yes

Cannon-Yes

Suggs- No



Ms. Rayanne Ferguson stated that someone should be responsible for inspecting the milled asphalt after it is applied to roads, and complained about the milled material which was applied to the road at Mt. Nebo Baptist Church.



There being no further business to discuss, a motion to adjourn at 9:35 p.m. was made by Commissioner Suggs, seconded by Commissioner Wilkerson, and unanimously approved.



APPROVED:







WILBUR BUSH, CHAIRMAN



ATTEST:







JACKIE R. BARRON, CLERK