MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD OCTOBER 7, 1996.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on October 7, 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, Sam Ferguson, & Tammy Davis, Deputy Clerks, J. C. Lawson & Danny Davis, EMS employees, Buddy Joyner, Road Superintendent, Dick Edwards, Community Programs Consulting, George Cole and George Manners, Spring Ridge Volunteer Fire Department, Ron Bivens, Wacasassa Volunteer Fire Department, Beth Latner, Emergency Management, David Brittin, EMS Director, Horace Hart and Don Thomas, Gilchrist County Schools System, Jim Floyd, Sheriff, Bill Brideson, Emergency Management, Sable Bolling, Administrator, Gilchrist County Public Health Unit, Joe Blanchard, Vernon Layfield, Ted Henley, and Bob Schustrich, Sheriff's Volunteers, Norman Weihe, Westgate Mobile Homes, Joe Gilliam and Lamar Hines, county residents.



Minutes of Previous Meetings:



Minutes of the meetings held September 9th and September 23rd were unanimously approved, following a motion from Commissioner Cannon, which was seconded by Commissioner Wilkerson.



Payment of Bills:



Bills were presented to the Board for their approval. There followed discussion regarding the purchase of office furniture for the county offices. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to approve payment of the bills. The motion carried unanimously.



Mr. Barron presented invoices where purchase orders were not secured prior to the purchase. Most of the invoices are for the transportation department. Some departments are failing to go by the finance office and review the bills on a routine basis, especially the fire departments.



Public Hearing: Ordinance- Annual Funding for the Suwannee River Fair & Livestock Show:



Mr. Burt presented an ordinance for the Board's consideration, which would allow the Board to determine an annual funding amount to the Suwannee River Fair & Livestock Show. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson to adopt the ordinance. The motion carried unanimously.



ORDINANCE 96-06



AN ORDINANCE AMENDING GILCHRIST COUNTY ORDINANCE NO. 83-

04 RELATING TO PUBLIC SUPPORT OF THE SUWANNEE RIVER FAIR

AND LIVESTOCK ASSOCIATION, INC.; AMENDING THE AMOUNT OF

LUMP SUM PAYMENT TO BE MADE ANNUALLY BY THE BOARD OF

COUNTY COMMISSIONERS OF GILCHRIST COUNTY TO THE SAID

SUWANNEE RIVER FAIR AND LIVESTOCK ASSOCIATION, INC.;

PROVIDING AN EFFECTIVE DATE.



WHEREAS, the Board of County Commissioners of Gilchrist County Florida has previously recognized the Suwannee River Fair and Livestock Association, Inc. and previously provided for its support; and



WHEREAS, it is in the interest of the citizens of Gilchrist County that support for the said Association be continued; and



WHEREAS, because of budget constraints be reduced to $750.00 per year;



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



Section 1.



That Gilchrist County Ordinance No. 83-04, which was an amendment of Gilchrist County Ordinance No. 78-01, shall be amended as to section 1 as follows:



Section 1. That the Board of County Commissioners of Gilchrist County, Florida shall annually consider in its fiscal year budget an appropriation to the Suwannee River Fair and Livestock Association, Inc., formerly known as the Tri-County Cattlemens Association.



Section 2.



This ordinance shall take effect upon receipt of official acknowledgement by the Secretary of State, State of Florida, that this ordinance has been filed in that office.



ADOPTED in regular session this 7th day of October, 1996, by the Board of County Commissioners of Gilchrist County, Florida.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

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



Attorney's Report:



Mr. Burt asked Mr. McQueen if any applications or letters of interest have been submitted for the vacancies on the Code Enforcement Board and the Transportation for Disadvantaged Board. Mr. McQueen replied that he has received one letter for the Transportation for Disadvantaged Board.



Mr. Burt presented an agreement with the North Central Florida Regional Planning Council for comprehensive planning services for the new fiscal year. The new agreement reflects an increase in their funding level from $12,000 to $13,500. Mr. Barron stated that the increase is the first since the county has been contracting with the NCFRPC for these services and reflects the cost of living increase over the last three years. Mr. Barron added that there are excess funds budgeted in the Gilchrist County Public Health Unit annual contract line item which can be moved to fund the increase with the NCFRPC. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to approve the Planning Council's contract, transferring funds from the GCPHU line item to the NCFRPC line item. The motion carried unanimously.



Commissioner Sheffield asked Mr. Lawson and Mr. Davis about VA patient transport procedures. According to the paramedics in attendance, they will transport veterans to the VA hospitals unless the emergency warrants that the patient be transported to the nearest hospital as required by state law.



Mr. Burt announced that the Suwannee River Water Management District will have a legislative breakfast in Lake City on October 23rd.



Mr. Burt stated that the Public Service Commission has scheduled the extended area telephone service on their agenda for tomorrow's meeting, however, with the impending storm, there is a chance that the PSC meeting will be postponed. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson to pay half the cost of Mr. Burt's expenses to travel to Tallahassee to the PSC meeting. The motion carried unanimously.



Mr. Burt presented a household hazardous waste contract with Alachua County. According to the contract, the county's cost should not exceed $4000 per year. There are two sites identified for collection. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to approve the contract. The motion carried unanimously.



Mr. Burt informed the Board that a suit has been filed against the county on behalf of the estate of Paula Taylor. The suit alleges the county was negligent in its maintenance of county road 232 and that the condition of that road contributed to the accident in which Ms. Taylor was involved.



Mr. Burt stated that if the county wishes to pursue the tourist development tax, a voter referendum would be required.



Mr. Burt pointed out that the contract for the Gilchrist County Public Health Unit (health department) list higher fees for services and recommends that the Board discuss those fees with Ms. Bolling when she attends the meeting later today.



Mr. Burt reported that all the subdivisions recently approved by the county have no new roads, however, this does not include the most recent two subdivision (Suwannee Shores & Countryside). Maintenance bonds for those two subdivisions need to be determined by an engineer. According to Section 5.20 of the Land Development Regulations, a final plat shall neither be approved by the Board of County Commissioners nor accepted for filing until the subdivider posts a maintenance bond to cover at least ten (10) percent of the estimated costs of all required improvements for a period of five (5) years. The Board stated that developers need to be notified of the maintenance needed before the bond expires. The Board asked Mr. McQueen and Mr. Joyner to identify the subdivisions recorded by the county and later annexed by the city.



Clerk's Report:



Mr. Barron spoke to the Board about the lack of wording on the last two plats approved by the Board for the Clerk's recording. On previous plats, there was a place on the plat for the Clerk to record the plat along with a recording date. Mr. Barron further stated that he can add the language to the last two plats, however, road maintenance bonds must be posted prior to the plats being recorded.



Mr. Barron announced that he placed Mr. Gilliam on the Clerk's payroll, as of October 1st, and that Mr. Gilliam has been working in the Clerk's office in order to familiarize himself with the operations of the office. Mr. Barron added that his budget may need to be amended during the new fiscal year to accommodate this expense.



Mr. Barron presented budget entries for the Board's approval. These budget transfers are end-of-the-year transfers and balance accounts within various departments. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to approve budget entries no. 1161-1165, 1167-1172, 1173A-1173B, 1174-1178, 1180-1184. The motion carried unanimously.



Mr. Barron stated that he has asked the auditors to audit the Clerk's and the Board's books by December 31st.



Mr. Barron reminded the Board that they approved a CDBG transfer during their September 23rd meeting and it was noted at that time there was a discrepancy in the amount to be transferred. The Board approved the transfer, subject to the discrepancy being corrected, and a representative from Community Programs Consulting indicated that the amount in question would be resolved the following day. As of this date, he has not received any further information regarding the discrepancy. There is no CDBG budget for the 1996-97 fiscal year.



Mr. Barron stated that he has heard that there are problems with the new mobile homes purchased through the CDBG grant. He is concerned that the mobile homes may not meet bid specifications. Commissioner Suggs stated that she has been in several of the new mobile homes and the homes delivered are different from the contract the owner signed when the order was placed. For instance, the contract states that the mobile home will have a glazed window in the bathroom, however, there are no windows in the bathroom. Mr. Barron stated that he has been in one of the new mobile homes and it is his opinion that the mobile home is not worth the price that was quoted. Where a medicine cabinet should be placed in the bathroom, there is a mirror glued to the wall. Mr. Burt advised the Board that if the mobile homes do not meet DCA specification, the county could be required to pay the funds spent on the mobile homes back to DCA. Mr. Barron added that he must pay for the mobile homes by Friday or send the money back to DCA. Mr. Norman Weihe, Westgate Mobile Homes, stated that the mobile homes meet DCA specifications. According to Mr. Weihe, DCA specs require a glazed window in the bathroom, if there is a window, however, a ceiling vent can be installed in place of a window. Mr. Weihe added that the only deviation made from the contract that the owners signed, and the mobile homes delivered is that some were constructed with sheet rock walls, rather than wood paneling. There followed discussion of zone two requirements. Mr. Weihe admitted that the roofs have 24 inch rafters, rather than 16 inch rafters, however, the 24 inch rafters meet zone two requirements, which meets the DCA specifications. According to Mr. Edwards, grant consultant, the mobile homes must meet zone two requirements or the required equivalent, which is DCA's requirement.



Mr. Barron asked why the old mobile homes were not demolished, rather than traded back to the new mobile home dealer. According to Mr. Edwards, the contract with the new mobile home dealer states that the old mobile homes may be demolished or rehabilitated. There followed discussion regarding the feasibility of rehabing mobile homes which were previously deemed beyond repair. Mr. Weihe stated that he has contracted with a gentleman to remove the mobile homes from the county and generally they are used for parts, however, he cannot guarantee that the mobile homes will not be restored and used again.



Chairman Bush interrupted the discussion and advised those present that the Board would receive an update on tropical storm Josephine.



Emergency Management Meeting:



The following individuals were present for the Emergency Management portion of the Board meeting: Ron McQueen, Bill Brideson, Beth Latner, David Brittin, Horace Hart, Jim Floyd, Buddy Joyner, and Don Thomas. According to the advisory received via conference call, tropical storm Josephine is expected to reach a hurricane one status before landfall, which is expected to be 5:00 p.m., with the eye approaching land at around 9:00 p.m. Sustained winds of 35-40 m.p.h., with possible tornadoes are expected. All road department and emergency vehicles are prepared. The Board agreed to wait until the 3:00 p.m. advisory before declaring a state of emergency.



CDBG Report:



Chairman Bush asked if the Board would like a DCA inspector to review the mobile homes and specifications prior to payment. Mr. Edwards stated that he would get an opinion from DCA prior to the end of the week.



Mr. Edwards submitted a report indicating that five projects were bid along with a recommendation to approve the low bid for four of those projects. The low bid on the remaining project was for a mobile home and exceeded 75% of the cost of replacing that mobile home. Mr. Edwards recommends that the bid on the Conner home be rejected because of the high cost. Mr. Edwards also recommends the Frances Williams project as a joint SHIP/CDBG project. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to accept the bids for the following projects: G. Dull, J. Langford, J. Bailey, and E. Canova. The motion carried unanimously.



Mr. Barron reminded Mr. Edwards that he has not received the final amount for the budget amendment that was submitted on September 23rd. Mr. Edwards replied that he was still working on it and would provide the information as soon as possible. Mr. Barron also asked Mr. Edwards to provide a statement from DCA regarding the recycling of used mobile homes.



The board recessed for lunch at 12:30 p.m. and reconvened at 1:45 p.m.



Bud Josey- Antique Car Show:



Mr. Bud Josey spoke to the Board about his plans for an antique car show, scheduled for the spring of 1998. According to Mr. Josey, he has held similar shows in the past, in the Tampa area and drew crowds in excess of 15,000. In a meeting held April 1st, the Board voted to waive the special permit fee of $50.00, providing that all profits from concessions go to charities. Because of the number of people expected to attend, Mr. Josey will be using professional vendors, such as Coca-Cola, and those vendors will expect to keep their profits from the sale of concessions. In addition to professional vendors, he would like for local non-profit organizations to be involved as vendors. Along with the antique car show, he expects to hold an auction and have a flea market. There will be plenty of room on his property to hold the event, however, before many plans are made, he would like to know the Board's intention in regards to the concessions issue. The Board suggested that he meet with Mr. Burt and Mr. McQueen to develop a profile of this type of promotional event for the county to consider supporting by ordinance. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, for the county to work with Mr. Josey to develop an antique car show as a part of the county's economic development on a bi-annual basis. The motion carried unanimously.



Clerk's Report (cont.):



Mr. Barron presented a resolution for the Board's consideration proclaiming the week of November 11-16 as Veterans Appreciation Week. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to adopt the resolution. The motion carried unanimously.



RESOLUTION 96-47



WHEREAS, Gilchrist County is blessed with a large veteran population; and



WHEREAS, Gilchrist County residents are aware of the many sacrifices made by our veterans in defense of our country; and



WHEREAS, our veterans must shift from the high pitch of battle to the lesser yet demanding pace in the quest for peace; and



WHEREAS, our future veterans are this day defending our purpose and honor on troubled waters and desert sands; and



WHEREAS, we appreciate the many great achievements of our veterans in the private and public sector; and



WHEREAS, our veterans continue to demonstrate their love for our county, Gilchrist County, Florida;



NOW, THEREFORE, WE, THE GILCHRIST COUNTY COMMISSION, by virtue of the authority vested in us by the citizens of Gilchrist County, do hereby proclaim the week of November 11-16, 1996 as "VETERANS' APPRECIATION WEEK" and in observance thereof we do hereby urge local government entities to recognize the many veterans contributions to our society; area businesses to show their appreciation for their veteran customers; houses of worship to remember all veterans during services this week; institutions of learning to reflect on our heritage; community agencies to intensify efforts to assist veterans in need and the rest of us to offer a word of praise or a simple thank you to our veterans.



IN WITNESS WHEREOF, we have hereunto set our hand and caused the Seal of Gilchrist County, Florida, to be affixed this 7th day of October, 1996.



GILCHRIST COUNTY BOARD OF ATTEST: COUNTY COMMISSIONERS

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



Mr. Barron stated that he spoke to Lee Mills, county engineer, regarding subdivision plats he has examined. According to Mr. Mills, the plats meet the requirements of Florida Statute 177, however, they do not meet the requirements of the Land Development Regulations. Mr. Barron suggested that the Board have Mr. McQueen review the plats for LDR requirements. Mr. Mills is concerned that the Board of County Commissioners understands that he is only examining plats for Chapter 177 F.S. compliance.



Mr. Barron discussed the lack of communication between various departments and agencies. According to Mr. Barron, Mr. Edwards made a comment to him that the mobile homes recently purchased from Westgate are junk, but added that he would not tell the Board that because he does not want to be sued. Mr. Barron stated that he has a problem in that the prices quoted in the bids are different from what is being billed and Mr. Edwards made the statement that a change order was done. Mr. Barron added that he is not aware of any change orders. Mr. McQueen stated that the only changes he has been aware of were those mobile homes whose septic tanks were not approved by the HRS inspection.



Commissioner Suggs asked Mr. McQueen who has been raising the flag at the courthouse. Mr. McQueen replied that EMS staff have been raising and lowering the flag. There followed discussion regarding the possibility of lighting the flagpole, which would eliminate the need to lower the flag each day. Following discussion, Commissioner Cannon made a motion to purchase a new flagpole, locating it near the west side sidewalk near SR 26, and installing lights to keep the flag lighted at night. The motion was seconded by Commissioner Suggs and unanimously approved.



Mr. Barron presented the annual contract between the county and Meridian Behavioral Healthcare (also known as the Community Counseling Center), for a total funding amount of $19,217. Commissioner Sheffield made a motion, seconded by Commissioner Suggs, to approve the contract. The motion carried unanimously.



The Board discussed Mr. Martin's vehicle lease and unanimously agreed to cancel the lease, cellular phone and vehicle insurance, effective November 1, 1996, due to the completion of the firing range project, following a motion from Commissioner Sheffield, which was seconded by Commissioner Suggs.



Mr. Barron presented the annual agreement between the county and Tri-County Council for Senior Citizens. Commissioner Suggs made a motion, seconded by Commissioner Sheffield, to approve the agreement. The motion carried unanimously.



Mr. Barron presented an invoice for the 1996 subscription to the Florida Administrative Code. The total cost of the publications is $725.80 and he suggested that the Board split the cost with Dixie County, since Mr. Burt is the primary user of the FAC. According to Mr. Barron, the Law Library does not have the funds to continue paying for the publication.



The Board agreed to appoint Commissioners Suggs and Bush as the county's representatives to the Small County Coalition. The Board also agreed to appoint Mr. McQueen as the county's liaison to the Small County Coalition.



Mr. Barron reminded the Board that the Florida Rural Development Conference will be held November 13-15 in Ocala. Commissioner Suggs stated that she plans to attend the conference, and Commissioner Bush stated that he would try to attend.



Mr. Barron stated that he received a purchase order and an invoice for the demolition of the mobile homes and house, which received replacement mobile homes under the CDBG program. The purchase order and invoice is for $15,000.00 to be paid to the volunteer fire departments. It is Mr. Barron's understanding that there was only one unit (a house) demolished (by the North Gilchrist Volunteer Fire Department) and the mobile homes were removed by the mobile home manufacturer supplying the new mobile homes. Mr. Barron can not pay the invoice as it is presented as the county would be paying for some service twice and the invoice appears to be inaccurate as to services actually performed.



Mr. Barron received a letter from the owner of the Rock Bluff General Store regarding special assessments. According to the owner, there were two businesses under the same roof at one time; in addition to the general store there was also a real estate business. However, the real estate business has not been in operation for over a year and the owner does not feel that it is fair to be assessed for two commercial businesses. The Board asked Mr. Barron to refer the letter to Mr. Langford, Deputy Tax Collector for evaluation and recommendation.



Mr. Barron stated that he is in possession of a sealed bid for mowing services, however, to his knowledge, the county has not advertised for bids for the mowing of the county right-of-ways. The Board advised Mr. McQueen to meet with Mr. Joyner and set out bid specs for mowing, including the number of miles, the width, consideration of culverts, weed eating, etc. Commissioner Sheffield stated that he would like to know how much it is currently costing the county to mow the right-of-ways

so he can compare the cost with the bids. Mr. Barron commented that it's not costing much at this time because the right-of-ways are not being mowed. Mr. Barron feels that all the tasks within the road department could be performed at an increased productivity level using current staff and inmates. Lancaster Correctional is willing to deliver and pick-up as many inmates as the county needs. You could place one county employee on the limbing crew to supervise the inmates and one employee on the mowing crew to supervise. You can take the same number of positions you have and keep every piece of equipment you have rolling. Mr. Barron added that the Board could eliminate Mr. Joyner's position and place Nathan Martin back in charge of the road department, under the supervision of Mr. McQueen, requiring Mr. McQueen to make people responsible for their work. Train 4 or 5 people to supervise the prisoners and have the prisoners do the sign installation, limbing, road patching, etc. The correctional facility has changed a lot over the past 12 months and are wanting to be an asset to the community. Commissioner Suggs commented that the work is not being accomplished and if it's because Mr. McQueen has too much to do then something needs to change. Chairman Bush reminded the Board that neither Mr. McQueen nor Mr. Joyner are present at the time and the Board should delay further discussion of the issue until they are present.



Gilchrist County Public Health Unit- Sable Bolling:



Ms. Bolling spoke to the Board about their desire to modify the parking lot to accommodate more parking spaces. The changes would require the removal of a tree and other shrubbery and moving the entrance. Ms. Bolling requests that the county assist in removing the tree, changing the entrance and filling in around the sign area. She added that she has budgeted funds to provide the striping, handicap and one-way traffic signs.



Ms. Bolling advised the Board that they are in need of additional office space for the environmental health inspector. Their current plans are to move the west side wall to the end of the eave. This would require raising the concrete ramp and the total cost should be approximately $2500. According to Ms. Bolling, she has the funds within her budget to pay the expense. Ms. Bolling requests that the county provide the permits and inspections.



Mr. Bolling presented the annual contract between the GCPHU and the county. Mr. Burt questioned Ms. Bolling about the various fee increases. Ms. Bolling explained that the increases are needed to offset the state funding cuts. Commissioner Cannon made a motion, seconded by Commissioner Wilkerson, to approve the contract, subject to Mr. McQueen's review. The motion carried unanimously.



Sheriff's Volunteers- Joe Blanchard:



Mr. Blanchard submitted a financial report for the period of August 1st through September 30th. According to the report, the Sheriff's Volunteers fund balance is $1088.46, which represents enough to operate for approximately one month. Mr. Blanchard requested additional funding in the amount of $20,000. Mr. Barron commented that the funds are probably available in the Law Enforcement Trust Fund, however, the request for funds must come through the Sheriff's Department.



Mr. Blanchard also submitted an activity report, indicating the total number of hours donated by the Sheriff's Volunteers and the total number of miles those volunteers covered. Chairman Bush and other Board members thanked Mr. Blanchard and other volunteers in attendance for their work on behalf of the county.



Public Hearing- Land Development Regulations Application 96-01 for Phillips:



Mr. Burt spoke to the Board about an application approved by the Zoning Board to change the zoning from A2 to CN, submitted by Thomas and Sandra Phillips. The parcel of land lies within Section 4, Township 8 South, Range 16 East, lots 19 and 20, unit 5, Spring Ridge subdivision, containing 1.9 acres, more or less. Mr. Burt asked that the concurrency assessment and resolution adopted by the Zoning Board be included in today's records. Commissioner Sheffield made a motion, seconded by Commissioner Wilkerson, to approve the zoning change, by ordinance. The motion carried unanimously.



ORDINANCE 96-07



AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, AMENDING ORDINANCE NO. 93-04, AS AMENDED, RELATING TO THE RE-

ZONING OF LESS THAN TEN (10) CONTIGUOUS ACRES OF LAND,

PURSUANT TO AN APPLICATION BY THE PROPERTY OWNER OF

SAID ACREAGE; TO AMEND THE OFFICIAL ZONING ATLAS OF THE

GILCHRIST COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING

FOR THE REZONING FROM AGRICULTURE 2 (A-2) TO COMMERCIAL

NEIGHBORHOOD (CN) OF CERTAIN LANDS WITHIN THE UNINCOR-

PORATED AREA OF GILCHRIST COUNTY, FLORIDA; PROVIDING

SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND

PROVIDING AN EFFECTIVE DATE.



WHEREAS, Section 125.01, Florida Statutes, empowers the Board of County Commissioners of Gilchrist County, Florida, hereinafter referred to as the Board of County Commissioners, to prepare, adopt and enforce Land Development Regulations;



WHEREAS, Sections 163.3161 to 163.3215, Florida Statutes, requires the Board of County Commissioners to prepare and adopt regulations concerning the use of land and water to implement the County's Comprehensive Plan;



WHEREAS, an application, LDR 96-1, for an amendment, as described below, to Ordinance No. 93-04, as amended, entitled the Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, concerning an amendment to the Official Zoning Atlas of said regulations has been filed with the County;



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



WHEREAS, pursuant to the Section 163.3174, Florida Statutes, and the County's Land Development Regulations, the Planning and Zoning Board, serving also as the Local Planning Agency held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations and recommended to the Board of County Commissioners approval of said application for amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations;



WHEREAS, pursuant to Section 125.66, Florida Statutes, the Board of County Commissioners, held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations and at said public hearing, the Board of County Commissioners reviewed and considered all comments received during the said public hearing, including the recommendation of the Planning and Zoning Board, serving also as the Local Planning Agency, and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations; and



WHEREAS, the Board of County Commissioners has determined and found that approval of said application for an amendment, as described below, to the Official Zoning Atlas of the County's Land Development Regulations, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare;



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



Section 1. Pursuant to an application, LDR 96-1, by Thomas and Sandra Phillips, to amend the Official Zoning Atlas of the County's Land Development Regulations by changing the zoning district on certain lands within the unincorporated area of Gilchrist County, Florida, the zoning district of the following described property is hereby changed from AGRICULTURE-2 (A-2) to COMMERCIAL, NEIGHBORHOOD (CN):



A parcel of land lying within Section 4, Township 8 South,

Range 16 East, Gilchrist County, Florida. Being more

particularly described as follows: Lots 19 and 20, Unit 5,

Spring Ridge Subdivision. Recorded in Plat Book 2, Page 27

of the Public Records of Gilchrist County, Florida.



Containing 1.9 acres, more or less.



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



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



Section 4. Effective Date. Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective upon filing of the Ordinance with the Department of State.



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



PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of County Commissioners in regular session this 7th day of October, 1996.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



A copy of the concurrency assessment and resolution are attached hereto and made a permanent part of these minutes.



Boy Scouts:



Ms. Gina Cowsert, Scoutmaster, Boy Scouts Troop 214, submitted a request to use the Southeast Community Center for the troops meetings, which are held on Monday evenings. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to grant the request. The motion carried unanimously.



Clerk's Report (cont.):



Mr. Barron discussed problems he is encountering with the purchase orders. The finance department has received invoices with Mr. Joyners signature, however, there were no purchase orders issued for those charges. Mr. Joyner stated that some of the purchases may be under a blanket purchase order, however, after further review, it appears that some were not.



Mr. Barron discussed the need for general fund to borrow new year start up monies to fund expenditures for the first quarter. The county should begin receiving their ad valorem proceeds during the month of December. Mr. Barron recommends that the Board borrow the funds from Solid Waste and repay the loan at the SBA (State Board of Administration) interest rates, when the new year funding is received. Commissioner Suggs made a motion, seconded by Commissioner Wilkerson, to loan up to $300,000 from Solid Waste to General Revenue. The motion carried unanimously.



Mr. Barron reported that AV-MED, which renews coverage in November, has notified some of the members that they will no longer provide coverage through Chiefland Medical Center. Mr. Barron recommends that the county seek bids for health insurance. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to bid health insurance coverage and offer the School Board to join the county's bid. The motion carried unanimously.



Mr. Barron presented a model memo of understanding between the University of Florida's Institute of Food and Agricultural Sciences department and the county, regarding the employment and funding of the county extension agent. According to this memo, the University pays 60% of the cost of the agents salary and fringe benefits, and the county pays the remaining 40%. In 1980 when Mr. Weaver was hired, the county was paying the former county agent $16,000 per year as their 40%. The Board reduced Mr. Weaver's pay to either $9000 or $9500 annually with the intention of reviewing his performance and salary after a few months. The issue was never again raised and Mr. Weaver has been penalized for about 16 years. Mr. Barron stated that IFAS has reviewed salaries for county agents with the same level of experience and in order to increase Mr. Weaver's salary to the average, it would cost the county approximately $10,000. Chairman Bush asked if funds were available. Mr. Barron explained that Mr. Weaver indicated he could come up with approximately $5000 if he does not purchase any new equipment this fiscal year, however, the balance would need to come from general fund reserve. The Board asked Mr. Burt to review the memorandum of understanding with the University. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to increase Mr. Weaver's salary to the median level (approximately $10,000), with the county and the University's participation rate remaining the same. Commissioners Sheffield and Bush voted in favor of the motion, and Commissioner Suggs voted in opposition of the motion.



The Board discussed problems with the dragline purchase several months ago from United Equipment Sales. No rock has been mined since the company left the machine for the county to operate. The Board asked Mr. Burt to pursue legal action once Mr. Joyner provides the cost of repairs and down time.



Commissioner Sheffield advised Mr. Joyner that he would like an answer as to why the county has not received the agreed number of loads of milled asphalt material from Levy County.



Commissioner Sheffield also stated that he would like some issues to come before the Board rather than to the department heads, and cited the example of spending $1100 for the replacement of a transmission on a surplus vehicle.



Commissioner Suggs advised the Board that an Octoberfest Extravaganza is being planned for Hart Springs park for October 26th.



Commissioner Suggs made a motion to recess at 6:30 p.m. and reconvene on October 14th, at 5:30 p.m. The motion was seconded by Commissioner Sheffield, and unanimously approved.



OCTOBER 14, 1996



5:35 p.m.



PRESENT: Wilbur Bush, V. C. Cannon, Jimmie Sheffield, Sue Suggs, and Fred Wilkerson.



OTHERS: Jackie R. Barron, Clerk, Ted Burt, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell & Sam Ferguson, Deputy Clerks, Joe Dixon, Sheriff's Volunteers, Bob Belanger, Dive & Rescue Volunteers, Dick Edwards, Community Programs Consulting, Norman Weihe and Jim Arnold, Westgate Mobile Homes, and Chaille Wilson, Wilson Mobile Homes.



Sheriff's Volunteers:



Mr. Joe Dixon presented a letter of request, on behalf of Chief Deputy Jim Cooper, for funding for the Sheriff's Volunteers. The total of the request is $15,000 and can be paid from the Law Enforcement Trust Fund. Mr. Burt asked if this is a part of the percent that the Sheriff is supposed to distribute from the Trust fund. Mr. Barron stated that he is not sure if it's part of the 15%, however, Crime Watch is one of the activities specifically cited in the statutes as an appropriate expenditure within the LETF. Commissioner Wilkerson made a motion, seconded by Commissioner Suggs, to approve the request, subject to the availability of funds. The motion carried unanimously.



American Legion:



Mr. Joe Dixon spoke to the Board on behalf of the American Legion. According to Mr. Dixon, the Legion has received verbal approval from the Sheriff's Department to use the building at the firing range until the Legion can construct their own building. Since the building is owned by the Sheriff's Department and the Board of County Commissioners, Mr. Dixon requests permission from the Board for the use of the building. Commissioner Suggs made a motion, seconded by Commissioner Cannon, to approve the use of the firing range building for the American Legion, subject to approval from the Sheriff's Department. The motion carried unanimously.



Bob Belanger- Dive & Rescue Volunteers:



Mr. Belanger approached the Board about the possibility of forming a dive and rescue volunteer team. According to Mr. Belanger, there are a group of certified divers living within Gilchrist County that are experienced in diving the Gilchrist County lakes and rivers. These people have expressed an interest in forming a volunteer dive and rescue team, however, they do not have sufficient funds to start such as operation. Mr. Belanger stated that the Sheriff's Office is willing to provide rope, buoys, and strobe lights, however, the team will need an air compressor and other equipment. He estimates the one time start up cost to be approximately $8000-$9000. The Board expressed concern about where the money would come from to fund such an operation, and suggested that he get with the Sheriff's Office to formulate a proposed budget. The Board also agreed that since there will soon be a change in the Sheriff's Office administration, this project should be endorsed by the new administration.



Community Development Block Grant:



Mr. Barron reminded the Board that the last action taken by the Board was to pay Westgate Mobile Homes 50% of the cost of the delivery & set up of new mobile homes. Since that time, Mr. Barron and his staff have reviewed the client files. Apparently there were 9 (nine) contracts bids by Community Programs Consulting (CPC) for replacement mobile homes. The recommendation made by CPC to the Board on August 5, 1996, was to accept the bids from Westgate Mobile Homes for all the mobile homes except one. The remaining bid was awarded to Wilson Mobile Homes. Since that time, Wilson Mobile Homes withdrew their bid. During the review of the bids specifications, it was discovered that the mobile homes furnished by Westgate materially deviated from the bid specs. The mobile homes furnished by Westgate did not meet the specs for the roof, interior walls, flooring, refrigerators, exterior doors, the tongues on two and carpet padding on one. Mr. Barron explained that he has met with representatives from Westgate and he has discovered nothing in this situation that would cause him to impugn or cast disparity against Westgate. He feels their representatives have been very up-front in the discussions that have taken place. The situation that the county finds itself in is that we have bid documents produced and awards made by this Board on representations and at the point we were billed, we found that the goods and services, in this case, the goods, did not meet the bid specifications. It would also appear that there were other bidders that did participate; that bid units substantially more in compliance, for more money, but there was money available within the context of the grant to cover the bids. Mr. Norman Weihe, representative from Westgate contends that they were guided through the bidding process and feel they bid according to what was expected. In regards to the zone two specifications, which relates to wind requirements, he was told that he should meet the zone two specs as closely as possible. According to Mr. Weihe, there were only two recipients that expressed any dissatisfaction to him. Mr. Barron asked the recipients present, if any were willing to accept less than what they signed to receive. Wanda Varieka stated that the mobile home she selected was not the one that was delivered. Mr. Jim Arnold, Westgate Mobile Homes, spoke to the Board about zone two requirements, stating that the requirements make it virtually impossible to build a substandard home, however, this does not apply to "trim" work. Mr. Barron stated that the clients were given specifications for their mobile homes and did not receive them. The bid submitted by Westgate and the contract between Westgate and the recipients include all specifications published by the county and indicate no exceptions; the units delivered do not meet the specifications in the bid or contracts and therein lies the problem.



Chaille Wilson, Wilson Mobile Homes, stated that Wilson Mobile Homes met each specification except one and because of that their bids were higher. Had they known that they could deviate from the specs they could have beaten Westgates' bids.



Dick Edwards, grant administrator, stated that when he and the contractors did the walk thru on the mobile homes, all potential bidders were told to bid the specifications on the front page primarily; and meet all the rest as closely as possible; any of the specs they couldn't meet (and there were some deviations that was discussed prior to looking at the houses, i.e. PVC pipe, plywood floors 5/8 to 13/16 inches) they were instructed to mark on the bid form. Westgate Mobile Homes submitted the low bid and he called and asked them if they were meeting the specifications across the board. Their reply to him was that they were meeting the specifications, with the exception of those deviations agreed upon prior to the walk thru. Mr. Edwards stated that if he had known at the time that those units did not meet specifications, he would still have recommended them to the Board because number one, they meet the state of Florida zone two requirements, they meet the bedroom size requirements, and up until Monday, all the homeowners had accepted the units, with the exception of two. Mr. Edwards added that those are the requirements that DCA is looking for. Mr. Edwards went on to say that after learning that there were about 13 or 14 areas where they did not meet specifications, he would have turned it over to the homeowners and instructed them to pick out the one they want, based on the sales pitch given by the dealers.



Mr. McQueen stated that the Board hired Mr. Edwards to administer the CDBG contract, and part of the administration includes preparing the bid specs. Mr. McQueen asked if anyone present had spoken to him directly about changing specifications. Mr. Barron stated that he called Mr. McQueen after Chaille called him and said there were problems with the specs. Chaille interjected that anytime she had a question she called immediately to ask if what she was doing was okay. Mr. McQueen stated that he took the bid specs with him during the walk thru of the mobile homes with the contractors. There were some items discussed that came off the bid specs and he noted those items. It was noted that the mobile homes had to meet zone two requirements, there was a comment about 5/8 " plywood floors, interior walls could be sheetrock though the specs said panelling, CPVC water lines could be used, rather than polybutal, and the exterior doors could be fiberglass instead of metal. These were the only things discussed that was noted. Someone present mentioned vinyl siding and Mr. McQueen agreed that vinyl siding was also mentioned. Mr. McQueen went on to explain that all bidders were supposed to note deviations and try to come as close as possible to the specs. The bids were opened by himself and read in the presence of his secretary. The prices were filled in on the bid sheet and copies were made and given to Mr. Edwards so he could compare the bids with the specifications. Because of the difference in price, Mr. Edwards was asked to be sure and contact Westgate to determine if they meet the bid specs. He informed Mr. McQueen that they did. This occurred on a Friday and the following Monday, Mr. Edwards recommended Westgate Mobile Homes and stated that they were comparing apples to apples. Mr. McQueen added that all the bids he saw from Westgate were clean. Most of involvement has been on the citizens complaints. Mr. Edwards interjected that he was asked to see if these mobile homes met DCA's specs and they do, however they do not meet the specs on those extra pages. According to Mr. Barron, those pages are the pages the clients signed.



Mr. Duncan McCallum, Pickel Well Drilling, updated the Board about the septic hook-ups. According to Mr. McCallum, all units are in a livable condition. Several recipients in attendance, disagreed with his statement. Mr. Barron advised Mr. McCallum that since his contract is with Westgate Mobile Homes, any questions regarding payment should be directed to Westgate.



Mr. Barron stated that the bottom line is he can not approve payment to Westgate Mobile Homes for the new mobile homes, unless the recipients sign a release accepting the mobile home as is and if all other bidders have no problems with the manner in which Westgate submitted their bids. Mr. Barron added that he will not consider payment without blue prints and customer satisfaction.



Mr. Burt made the following suggestions: that Westgate attempt to satisfy the recipients, other bidders can file a protest if it's not too late, and if the situation can not be resolved to each parties satisfaction, litigation may be involved.



Commissioner Sheffield stated that he would like a list of each recipient's complaints regarding their new mobile homes.



There followed discussion regarding the demolition of the old mobile homes. According to Dick Edwards, demolition is the responsibility of the successful bidder and the old units can not be sold or reoccupied unless they are inspected by the Gilchrist County Building Inspector and Health Inspector. Mr. Edwards added that everyone knew up front that the mobile homes were to be removed from Gilchrist County.



Mr. Ronnie Hodge was in attendance representing his mother, Minnie Hodge. Ms. Hodge received a new mobile home and Mr. Hodge stated that his mother is thankful for the new mobile home but he would like to make certain that his mother received the mobile home that she was expecting.



The Board recessed for ten minutes and reconvened.



Mr. Frank Grant introduced Mr. Dennis Riordan to the Board. Mr. Riordan will be replacing Mr. Grant as chairman of the Gilchrist Development Authority.



Discussion of the mobile home issue resumed, with Mr. Burt stating that the bottom line regarding the payment to Westgate falls on the Clerk of Court. There may be a way to split out the cost of the wells, septic tanks, handicap ramps, and delivery charges if you can arrive at a cost for these items.



Mr. Barron replied that he did not think that would be possible because the bids for the mobile homes included those items as a package; the deliverables do not meet the contract and the contract is a lump sum.



Mr. Burt stated that he would like the Board to offer Westgate the opportunity to comply with the contract.



Mr. Steve Felty spoke to the Board about the old mobile homes. He contracted with Westgate Mobile Homes to remove the old mobile homes. It is his intention to strip the old mobile homes for possible parts recycling and dispose of the remaining structure. He asked if anyone in attendance would like their old mobile homes back. No one responded.



Mr. Barron announced that he has requested the State's Attorney to conduct a grand jury investigation on the CDBG program.



Commissioner Sheffield made a motion, seconded by Commissioner Cannon, to allow Westgate Mobile Homes until November 4, 1996, to conform with the contractual obligations. Commissioners Wilkerson and Bush voted in favor of the motion. Commissioner Suggs abstained and filed form 8B Memorandum of Voting Conflict for County Public Officers. The motion carried.



Commissioner Wilkerson made a motion, seconded by Commissioner Cannon, to adjourn at 9:43 p.m. The motion carried unanimously.



APPROVED:







WILBUR BUSH, CHAIRMAN



ATTEST:







JACKIE R. BARRON, CLERK