MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD MARCH 3, 1997



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on March 3, 1997, at 9:00 a.m., in the Commissioner's Meeting Room at the Courthouse in Trenton, Florida, with the following members present to-wit:



Sue B. Suggs, Chair

Wilbur Bush

Randy Durden

Jimmie Sheffield

Fred Wilkerson



Other persons in attendance were: Joseph "Joe" Gilliam, Clerk of Court, Ted Burt, County Attorney, Sherree Pitzarell, Deputy Clerk, Buddy Joyner, Transportation Superintendent, Joe Blanchard, MIS Director, Dick Edwards, CPC, Peg McPhearson, SRWMD, Billy Rogers and Al Milito, Trenton City Council, Al Milton, Milton Insurance Agency, Mary Bennett, School Board, David Turner, Sheriff, Jackie R. Barron, Chambers Waste, Duncan Jones, Duke Lang, attorneys, Ken Frey, Bobbie Wray Suggs, Brian Lewis, John Chastain, and Rose Kemp, county residents.



Minutes of the meetings held January 15, 1997 and February 3, 1997, were unanimously approved, following a motion from Commissioner Bush, which was seconded by Commissioner Wilkerson.



Consent Agenda:



Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to approve all items on the consent agenda. Commissioners Suggs and Sheffield voted in favor of the motion and Commissioner Bush abstained from voting, filing Form 8B, Memorandum of Voting Conflict for County Public Officers. The following consent agenda items were approved:



1. Bills



2. Journal/Budget Entries numbered 97049-97060



a. Budget entry 97055 requiring a resolution:



RESOLUTION 97-12



A RESOLUTION AMENDING THE EMERGENCY MEDICAL SERVICES TRUST FUND BUDGET FOR FISCAL YEAR 1996-97.



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 Emergency Medical Services Trust Fund for Fiscal Year 1996-97; 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 $35,000.00 of unanticipated revenues, in the form of debt proceeds (for the purchase of a used ambulance);



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Emergency Medical Services Trust Fund is hereby amended in an increased amount of $35,000.00.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



b. Budget entry 97056 requiring a resolution:



RESOLUTION 97-13



A RESOLUTION AMENDING THE EMERGENCY MEDICAL SERVICES TRUST

FUND BUDGET FOR FISCAL YEAR 1996-97.



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 Emergency Medical Services Trust Fund for Fiscal Year 1996-97; 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 $87,900.00 of unanticipated revenues, in the form of a cash carry-over;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Emergency Medical Services Trust Fund is hereby amended in an increased amount of $87,900.00.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



c. Budget entry 97057 requiring a resolution:



RESOLUTION 97-14



A RESOLUTION AMENDING THE MSTU (FIRE) TRUST FUND BUDGET FOR

FISCAL YEAR 1996-97.



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 MSTU (Fire) Trust Fund for Fiscal Year 1996-97; 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 $33,700.00 of unanticipated revenues, in the form of a cash carry-over;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the MSTU (Fire) Trust Fund is hereby amended in an increased amount of $33,700.00.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



3. A proclamation recognizing the month of March as Mental Retardation Awareness Month.



PROCLAMATION



WHEREAS, mental retardation is a condition which today affects 7.2 million individuals and their families across America; and



WHEREAS, the most effective means for fostering acceptance and building support for persons with mental retardation is public knowledge and understanding; and



WHEREAS, the potential for citizens with mental retardation to function more independently in the community must be developed; and



WHEREAS, during the month of March, Comprehensive Community Services, which serves nearly 100 persons with disabilities in our area is carrying on its annual public awareness and membership campaign;



NOW, THEREFORE, Gilchrist County does hereby proclaim the month of March 1997 as MENTAL RETARDATION AWARENESS MONTH in this county, and urge that the citizens of this county give full support to this effort to help persons with mental retardation become a more integral part of the community.



/s/Sue B. Suggs, Chair



4. Resolution supporting the proposal of the Suwannee

River Water Management District to seek designation

on the Suwannee River Heritage Region by the Congress

of the United States.



RESOLUTION 97-15



WHEREAS, the SUWANNEE RIVER REGION and Gilchrist County is blessed with a rich natural, historical and cultural heritage reflected in the rural quality of life of the REGION; and



WHEREAS, an opportunity exists to maintain and enhance the economy of the REGION by encouraging appropriate nature-based, historical and cultural based tourism in the REGION while at the same time preserving and protecting our natural and scenic resources of the REGION; and



WHEREAS, the Suwannee River Water Management District (DISTRICT) has proposed seeking designation of the REGION as the SUWANNEE RIVER HERITAGE REGION by the Congress of the United States to recognize the value of the natural, historical and cultural resources within the REGION; establish a voluntary framework for the participation in the planning process and coordinating the implementation of such activities by all governmental entities, private property owners and citizens; and



WHEREAS, the proposal of the DISTRICT encourages the development of a management plan with strategies for implementing and operating the heritage area that rely exclusively on the existing authority of all levels of government and does not require or solicit any additional environmental regulations, land use or zoning programs; and



WHEREAS, the proposal of the DISTRICT requires the cooperation and active participation of the citizens of Gilchrist County and other local governments in the preparation of the management plan; and



WHEREAS, the proposal of the DISTRICT suggests the management entity for implementing the management plan be a newly established not-for-profit, private foundation which would include membership representing private citizens, businesses and local governments; Regional, State and Federal government agencies; and, community groups, civic organizations and special interests on its Board of Directors; and



WHEREAS, the proposal of the DISTRICT and the terms of any such designation by the Congress of the United States relies on only the voluntary participation from governments, private property owners and citizens;



NOW, THEREFORE BE IT RESOLVED on this 3rd day of March, 1997, that the Board of Commissioners of Gilchrist County does support the proposal of the DISTRICT to seek designation on the SUWANNEE RIVER HERITAGE REGION by the Congress of the United States provided:



1. Any such designation must assist in the protection and preservation of the natural, historical, cultural and scenic resources of the REGION.



2. Any such designation must assure the maintenance of a strong rural economy essential to the quality of life of the citizens of Gilchrist County.



3. Any such designation must establish a framework for only voluntary participation by the citizens, individual private property owners and each unit of local government in Gilchrist County.



4. Any such designation shall not require or solicit any unit of local, regional government or any state or federal agency to impose additional or more restrictive environmental land use or zoning regulations.



5. The citizens and Board of Commissioners of Gilchrist County shall have an opportunity to participate in the development of the management plan for the SUWANNEE RIVER HERITAGE REGION and the Board of Commissioners of Gilchrist County shall have an opportunity to endorse the management plan prior to the DISTRICT moving forward to endorse the management plan prior to the DISTRICT moving forward to seek designation by the Congress of the United States. Should Gilchrist County or any municipality within Gilchrist County choose not to endorse the management plan, then they will not be included in any such designation.



ADOPTED by the Board of County Commissioners of Gilchrist County, Florida, at its regular meeting on this the 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



Attorney's Report:



Mr. Burt reported that he has received a petition from Thomas Averitt to close a portion of a road, located in Commissioner Sheffield's district. The procedure requires the Board to set a public hearing by resolution, if the Board agrees to allow the petition to be heard. The petitioner is represented by Sheree Lancaster. Mr. Burt added that the notice will need to be published two times, and a notice should be posted at the property site for 30 days. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to hold a public hearing, by resolution, on April 7, 1997, at 1:15 p.m. The motion carried unanimously.



RESOLUTION 97-16



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, SETTING A PUBLIC HEARING

ON A VACATION OF A PORTION OF A ROAD LOCATED IN SECTION

12, TOWNSHIP 7 SOUTH, RANGE 15 EAST, GILCHRIST COUNTY,

FLORIDA.



WHEREAS, GILCHRIST COUNTY, has received a petition from THOMAS R. AVERITT to vacate a portion of a road in Section 12, Township 7 South, Range 15 East, located in Gilchrist County, Florida, said road to be vacated is described as follows:



Commence at the Northwest corner of the SW 1/4 of the

NE 1/4 of Section 12, Township 7 South, Range 15 East,

Gilchrist County, Florida for a point of reference.

Thence run along the West line of said SW 1/4 of NE 1/4,

South 00 degrees, 15 minutes 54 seconds West, 123.40 feet

to the Point of Beginning. Thence continue South 00

degrees 15 minutes, 54 seconds West, 32.48 feet; thence

run South 88 degrees, 59 minutes 23 seconds East, 56.51

feet to the West right-of-way line of NE 36th Avenue as

recorded in Official Records Book 24, Pages 168-169; thence

fun along said right-of-way line North 01 degrees 31

minutes 27 seconds East, 11.52 feet to the edge of a county

maintained road, said point being on a curve; thence run on

a curve being concave to the Southwest (having a central

angle of 50 degrees 43 minutes 57 seconds, a radius of

56.40 feet) an arc length of 49.94 feet to a point of

tangency; thence continue along the edge of said county road, North 88 degrees, 43 minutes 58 seconds West, 13.46

feet to the West line of the aforesaid SW 1/4 of NE 1/4

and the Point of Beginning. Containing 0.04 acres more or

less. All lying and being in Gilchrist County, Florida.



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida, that at 1:15 p.m. on April 7, 1997, at the County Commission Room, Gilchrist County Courthouse, Trenton, Florida, the Board of County Commissioners will consider the advisability of exercising its authority regarding the vacation of the road as above described.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



Red Berry Branch Subdivision: Mr. Burt stated that it is his understanding that Sid Deese met with Mr. Joyner. According to Commissioner Sheffield, rock has been hauled in but he does not know if it has been spread. Commissioner Sheffield reminded the Board that he had stipulated that he wanted the maintenance completed by today. Commissioner Sheffield made a motion, seconded by Commissioner Durden to table discussion until Mr. Joyner arrives later in the day.



Land Lease for the Division of Drivers License: Mr. Burt reported that the previous lease agreement was incorrect and the Department of Highway Safety and Motor Vehicles have since sent the correct lease, which provides liability insurance. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve the lease agreement. The motion carried unanimously.



Mr. Burt stated that he has requested claims experience information from AV-MED, and they have indicated that the request has been sent to the proper department. The information is forthcoming.



Mr. Burt distributed a letter from the state attorney's office, regarding animal control and Mr. Burt's response back, asking for statutory language which states that the county is responsible for paying the bill. Mr. Jaworski's letter indicates that the Alachua County Animal Shelter expects reimbursement of $4239.58 and $540 for the veterinarian.



Memorandum of Understanding between the county and the Florida Cooperative Extension Service: Mr. Burt stated that the language provides that the county will pay 40% of the salary and fringe benefits offered by the county and selected by the county agent. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to approve the agreement. The motion carried unanimously.



Mr. Burt distributed copies of a proposed act regarding Law Enforcement Trust Fund monies. This act, if approved by the legislature would allow Gilchrist County to establish a capital fund for the construction, expansion, improvement, equipping, furnishing, and an initial year of operation of a County Law Enforcement Complex, including a county detention/corrections facility.



Mr. Burt presented a resolution which attempts to clarify the membership of the Gilchrist County Development Authority. Apparently the state legislature created a 5 member board through a special act. The county also created a similar board with 9 members. Chairman Suggs asked about advertising for vacancies. Ken Frey interjected that term limits should be imposed because many times, the same member will remain on a board for over ten years. Commissioner Bush made a motion, seconded by Commissioner Sheffield, to approve the resolution. The motion carried unanimously.



RESOLUTION 97-17



A RESOLUTION CLARIFYING THE GILCHRIST COUNTY DEVELOPMENT

AUTHORITY.



WHEREAS, the Gilchrist County Development Authority was created by legislative act in 1959; and



WHEREAS, the Gilchrist County Board of County Commissioners enacted Resolution No. 90-05 on March 5, 1990, pursuant to Section 159.45 Florida Statutes, creating an Industrial Development Authority to supplement and coincide with the Gilchrist County Development Authority as previously established by special act of legislature in the State of Florida; and



WHEREAS, the authorities are generally known as the Gilchrist County Development Authority and encompasses both the Gilchrist County Industrial Development Authority, as created by County legislative act, and the Gilchrist County Development Authority, as created by special act of the Florida Legislature; and



WHEREAS, clarification is needed regarding the membership of the authority; and



WHEREAS, by legislative act of the State of Florida, the membership of the Development Authority was reduced from nine members to five members; and



WHEREAS, the County Resolution creating the Industrial Development Authority established a nine member board; and



WHEREAS, it is the intent of the Gilchrist County Commission that the members of the legislatively created Development Authority be included in and part of the Gilchrist County Development Authority, as created by resolution 1990; and



WHEREAS, the members of each of the boards serve four year terms; and



WHEREAS, clarification is needed as to the membership of each of the Authorities; and



WHEREAS, the members of both authorities are appointed by the Board of County Commissioners of Gilchrist County;



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



1. That Gilchrist County Industrial Development Authority is intended to be inclusive within the Gilchrist County Development Authority, as created by legislative act.



2. That the agency shall generally be known as the Gilchrist County Development Authority.





3. That the current members of the Gilchrist County Industrial Development Authority and their respective terms are as follows:



Member Term Ending



Denis Riordan Dec. 31, 2000

John Ferguson Dec. 31, 2000

Mike Hayes Dec. 31, 2000

Verna Mae Eady Dec. 31, 1999

Frank Grant Dec. 31, 1999

Bobbie Wray Suggs Dec. 31, 1999

Steve Quina Dec. 31, 1998

Jerry Hawthorne Dec. 31, 1998

Wayne Weeks Dec. 31, 1998



4. That the current members of the Gilchrist County Development Authority and their respective terms are as follows:



Member Term Ending



Denis Riordan Dec. 31, 2000

Mike Hayes Dec. 31, 2000

John Ferguson Dec. 31, 2000

Verna Mae Eady Dec. 31, 1998

Frank Grant Dec. 31, 1998



5. By this resolution, the Board of County Commissioners ratify each and every act taken by the Gilchrist County Development Authority and the Gilchrist County Industrial Development Authority prior to the passage of this resolution and confirms the same.



RESOLVED in regular session by the Gilchrist County Commission this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY:

/s/Joseph W. Gilliam, Clerk Sue B. Suggs, Chair



Chairman Suggs agreed with Mr. Frey, stating that the Board should establish a policy to limit the terms for appointed board members. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to place this discussion on the agenda of the next meeting, asking Mr. McQueen to look into the pros and cons of establishing such a policy. The motion carried unanimously.



Mr. Burt submitted a proposed house bill which would merge the two boards. Commissioner Bush made a motion, seconded by Commissioner Durden, to approve the proposed bill. The motion carried unanimously.

Suwannee Shores Subdivision: according to Mr. Burt, when the final plat was approved, it was conditioned upon the developer conveying two small pieces of property to the county. Mr. Burt recommends that the county accept the rights-of-way. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the rights-of-way. The motion carried unanimously.



CDBG Replacement Mobile Homes: Mr. Burt stated that attorney Duke Lang is in attendance today, representing the Donald Stevens estate. The $1500 settlement offer from Westgate Mobile Homes is satisfactory to the personal representative of the estate, however, there is one other heir. Mr. Lang stated that the other heir has not indicated a problem with the proposed settlement from Westgate Mobile Homes.



Chairman Suggs spoke to the Board about possibly placing a moratorium on the issuance of special exceptions and special permits for towers, dairies, and landfills. Mr. Burt explained that moratoriums must be established by ordinance. The reason(s) for a moratorium and time frame must be established as well. Mr. Burt further stated that in regards to a landfill, it appears that the comprehensive plan would require a land use amendment for any public facility. Commissioner Sheffield suggested that the criteria could be based on whether or not a DEP permit is required. Mr. Burt stated that in addition to a comprehensive plan amendment, which would have to be approved by the Department of Community Affairs, a special exception would be required to place a facility on the property. Mr. Burt stated that he would like to take a few minutes to research the requirements for a moratorium.



Public Hearing: Comprehensive Plan Amendment 97-01 and Land Development Regulation Amendment 97-01:



Mr. McQueen presented the applications to amend the county's comprehensive plan and land development regulations, on behalf of Mark Sullivan. Mr. Sullivan would like to open a retail center for oil changes and quick lubes, on property currently zoned as agricultural. The total amount of property involved is 4.06 acres and Mr. Sullivan requests that the zoning be changed to commercial. The property is located on the south side of state road 26, across from the electrical substation. The North Central Florida Regional Planning Council has conducted the required concurrency assessment and the zoning board recommends approval. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to amend the comprehensive plan by ordinance. The motion carried unanimously.



ORDINANCE 97-01



AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, AMENDING

ORDINANCE NO. 94-01, AS AMENDED, RELATING TO AN AMEND-

MENT OF TEN ACRES OR LESS OF LAND TO THE FUTURE LAND

USE PLAN MAP OF THE GILCHRIST COUNTY COMPREHENSIVE PLAN,

PURSUANT TO AN APPLICATION BY THE PROPERTY OWNER OF SAID

ACREAGE, UNDER THE SMALL SCALE DEVELOPMENT AMENDMENT

PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH

163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGE IN LAND

USE CLASSIFICATION FROM AGRICULTURAL-2 (LESS THAN OR EQUAL

TO ONE DWELLING UNIT PER FIVE ACRES) TO COMMERCIAL OF CER-

TAIN LANDS WITHIN THE UNINCORPORATED 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 implement a Comprehensive Plan;



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



WHEREAS, an application, CPA 97-1, for an amendment, as described below, to the Future Land Use Plan Map of the Gilchrist County Comprehensive Plan, hereinafter referred to as the County's Comprehensive Plan has been filed with the County;



WHEREAS, the 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 Section 163.3174, Florida Statutes, and Ordinance No. 93-04, as amended, entitled the Gilchrist County Land Development Regulations, hereinafter referred to as the County's Land Development Regulations, the Planning and Zoning Board, serving also as the Local Planning Agency, held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearing, the Planning and Zoning Board, serving also as the Local Planning Agency, reviewed and considered all comments received during said public hearing and the Concurrency Management Analysis Report concerning said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and recommended to the Board of County Commissioners approval of said application for amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan;



WHEREAS, the Board of County Commissioners held one public hearing, with public notice having been provided, under the provisions of the public hearing procedures established in Sections 163.3161 to 163.3215, Florida Statutes, on said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan and at said public hearing, the Board of County Commissioners reviewed and considered all comments received during 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 amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan;



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



WHEREAS, the Board of County Commissioners has determined and found that approval of said application for an amendment, as described below, to the Future Land Use Plan Map of the County's Comprehensive Plan, 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, AS FOLLOWS:



Section 1. Pursuant to an application, CPA 97-01, by Mark Joseph Sullivan, to amend to Future Land Use Map of the County's Comprehensive Plan by changing the land use classification of certain lands within the unincorporated area of Gilchrist County, Florida, the land use classification is hereby changed from AGRICULTURAL-2 (less than one dwelling unit per five acres) to COMMERCIAL for the property described as follows:



A parcel of land lying within Section 2, Township 10

South, Range 16 East, Gilchrist County, Florida. Be-

ing more particularly described as follows: Commence

at the Southwest corner of the Southeast 1/4 of said

Section 2 for a Point of Beginning; thence run North

00 degrees 06'00" West 147.68 feet; thence run North

74 degrees 15'28" East 637.65 feet; thence run South

13 degrees 05'49" East 203.46 feet; thence run North

76 degrees 54'11" East 188.15 feet; thence run South

01 degrees 16'19" East 176.38 feet; thence run South

89 degrees 24'11" West 846.35 feet to the Point of

Beginning.



Containing 4.06 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 of 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.



The effective date of this plan amendment shall be thirty-one (31) days following the date of adoption of this plan amendment. However, if any affected person files a petition with the Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to challenge the compliance of this plan amendment with Sections 163.3161 through 163.3215, Florida Statutes, within thirty (30) days following the date of adoption of this plan amendment, this plan amendment shall not become effective until the Department of Community Affairs or the Administration Commission, respectively, issues a final order determining this plan amendment is in compliance. No development orders, development permits or land uses dependent on this plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shummard Oak Boulevard, Tallahassee, Florida, 32399-2100.



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 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



In addition to an amendment to the Comprehensive Plan, the Official Zoning Atlas of the County's Land Development Regulations will also require an amendment. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to amend the Official Zoning Atlas, by ordinance. The motion carried unanimously.



ORDINANCE 97-02



AN ORDINANCE OF GILCHRIST COUNTY, FLORIDA, AMENDING

ORDINANCE NO. 93-04, AS AMENDED; RELATING TO THE RE-

ZONING OF LESS THAN TEN 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 REZONING FROM AGRICULTURAL-2 (A-2) TO

COMMERCIAL, INTENSIVE (CI) OF CERTAIN LANDS WITHIN

THE UNINCORPORATED 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, Section 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 97-1, 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 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 97-1, by Mark Joseph Sullivan, 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 is hereby changed from AGRICULTURAL-2(A-2) to COMMERCIAL, INTENSIVE (CI) for the property described as follows:



A parcel of land lying within Section 2, Township 10

South, Range 16 East, Gilchrist County, Florida. Be-

ing more particularly described as follows: Commence

at the Southwest corner of the Southeast 1/4 of said

Section 2 for a Point of Beginning; thence run North

00 degrees 06' 00" West 147.68 feet; thence run North

74 degrees 15' 28" East 637.65 feet; thence run South

13 degrees 05' 49" East 203.46 feet; thence run North

76 degrees 54' 11" East 188.15 feet; thence run South

01 degrees 16' 19" East 176.38 feet; thence run South

89 degrees 24' 11" West 846.35 feet to the Point of

Beginning.



Containing 4.06 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 of 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. The effective date of this amendment, LDR 97-1, to the Official Zoning Atlas shall be the same date as the effective date of the Future Land Use Plan Amendment, CPA 97-1. If the Future Land Use Plan Amendment, CPA 97-1, does not become effective, this amendment, LDR 97-1, to the Official Zoning Atlas shall not become effective. No development orders, development permits or land uses dependent on this amendment to the Official Zoning Atlas may be issued or commence before it has become effective.



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 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue Suggs, Chair



Discussion of Proposed Landfill:



Mr. Burt reported that in section 4.2.10 of the Land Development Regulations, public buildings and facilities, including public schools, which do not meet the definition of essential services as stated in Article 14, shall require an amendment to the Future Land use Plan Map of the Comprehensive Plan for public land use prior to submission of an application for approval as a special exception. Under 9.J.5 in the rule that governs planning under chapter 163, a public facility is defined as transportation systems or facilities, sewer systems or facilities, or solid waste systems or facilities. Following that chain of definitions, it appears as though before a special exception can be granted, it would take a future land use amendment. The requirement for ordinance public notice is ten days. Commissioner Durden made a motion to authorize Mr. Burt to place into motion the necessary procedures for the Board to consider a moratorium on the granting of special exceptions for landfills and other facilities. The motion was seconded by Commissioner Bush. There followed discussion regarding the date for the public hearing. Commissioner Durden added to his motion that the public hearing would be set for March 27, 1997, at 7:00 p.m.



Mr. Duncan Jones, attorney, stated that he represents a group of county citizens who are opposed to the landfill and suggests that the moratorium be specific to landfills. Commissioner Durden replied that the landfill is not the only issue of concern among Board members. Chairman Suggs stated that dairies and towers are also a concern.



Mr. Burt stated that he agrees that the moratorium needs to be specific.



Ms. Bobbi Wray Suggs stated that she understands there has been a long term study made on landfills by Gilchrist County and most of it was drafted by Jackie Barron. She said she does not know the legal aspects of that, but she has a definite problem with accepting a landfill plan or program that has been drafted by the former Clerk of Court, who is now working for and representing the company attempting to locate a landfill in Gilchrist County. Ms. Suggs added that she would like to see a copy of that document. Chairman Suggs stated that she understands that it was a 13 county regional study and Commissioner Sheffield may be the only commissioner who was on the board at the time. Commissioner Sheffield stated that he was on the Board at the time and Mr. Barron sat on the board of directors or was involved in some capacity. The North Central Florida Regional Planning Council was also involved.



Ms. Suggs stated that she wants the Board to realize that the citizens of the county are looking at this and the Board needs to understand that all of this has been pre-planned.



Mr. Ken Frey asked if there is anything that prohibits the Board of County Commissioners from transferring their authority to the Zoning Board. Mr. Burt replied that the LDR's specify how that procedure is set out and to change it would take an amendment to the LDR's which is by ordinance. The Board previously discussed a two tiered process for special exceptions. Mr. Burt added that if the Board wants to eliminate the Board of Adjustment's involvement, it would take an amendment to the Land Development Regulations, which would again require an ordinance.



Mr. John Chastain addressed the Board, stating that he would like the Board of County Commissioners making the final decision on the landfill issue, rather than an appointed Board.



Mr. Brian Lewis recommended that the Board consider several moratoriums or whatever number is required because the county can not afford to engage in a lot of litigation and have a judge say that what the county has done is too broad based. Also, Mr. Lewis asked what protection do the people have that some landfill developer won't walk in tomorrow and file an application under the wire. Mr. Lewis, representing a group of citizens, known as P.O.W.E.R., stated that they are asking for an emergency provision to prevent that sort of action from occurring.



Mr. Burt replied that the county does have an emergency ordinance procedure, which could be challenged.



Chairman Suggs called for vote on the motion on the floor. The motion to authorize Mr. Burt to proceed with the process of setting a moratorium on landfills and other facilities and to also draft some recommendations regarding special tiering of responsibilities was unanimously approved.



Mr. Burt stated that if the Board wants to consider an emergency ordinance today, the Board must be careful on how it is done and how it is presented, because if it is successfully challenged, then the Board has not accomplished the desired effect. Mr. Burt asked the Board to table the discussion on an emergency ordinance to allow him time to research the requirements. He indicated that he could have that information back to the Board after lunch. Mr. Burt departed the meeting at 11:00 a.m.



Commissioner Sheffield- Request for Letter of Support:



Commissioner Sheffield read a letter from Sable Bolling, Gilchrist County Public Health Unit administrator, regarding a grant application for a mobile dental clinic. This unit would serve indigent children in Dixie, Levy and Gilchrist counties. The letter goes on to quote the statistics of the number of children in the tri-county area living at or below the poverty level. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to authorize a letter of support, subject to the verification of the statistical data. The motion carried unanimously.



Joe Blanchard, MIS Director:



Mr. Blanchard distributed information to the Board regarding the county's computer network, and reported that his position with the county has been abolished, due to a lack of funding, effective April 21, 1997. According to Mr. Blanchard, when he began employment with the county three years ago, all the computers were separate, dumb terminals and were not tied together in any way. During his employ, all the computers have been tied together, with the exception of the Property Appraiser (he is on his own system) and the Supervisor of Elections. She has recently requested to be tied into the network and this can be accomplished by tying in two wires. Mr. Blanchard explained that as owner of Mystic Systems and an employee of the county, he sold both hardware and software to the county at his cost. In the last year alone, he saved the county over $20,000 by purchasing through Mystic Systems for large ticket items. Mr. Blanchard stated that he has appeared before the Board today because there seems to be some question about what kind of network the county has or if in fact, the county even has a network. He explained that the county does indeed have a network and each constitutional officer has E-mail available at his or her own computer, if they are a part of the network. He was able to work out a deal with the Eighth Judicial Circuit Court whereby they would put in a dedicated wire between Gilchrist and Alachua counties, free of charge, providing we give them access to one of our computers, which they needed anyway. At no cost to Gilchrist County, we have E-mail, a dedicated link, and our county is tied directly to Levy, Alachua, Union, Bradford, and Baker county courthouses. Much of his time is spent managing the system and ensuring that everything works properly, and that the county is not charged anymore than necessary to maintain and operate the systems. There are a lot of new programs coming on line soon, such as the road program (which will take about three months to write the code), the new OBTS (Offender Based Tracking System), which is the replacement for the criminal justice system (Gilchrist County is one of the lead counties for this system and Mr. Blanchard was a member of the planning board) and the TCATS, which is a new traffic program coming on line within the next year. Chairman Suggs asked if the Property Appraiser is the only constitutional officer not linked to the network. Mr. Blanchard replied that there is a cable in the Property Appraiser's office, but he has not elected to tie into our network. In addition, the Supervisor of Elections chose not to tie into the network because of security concerns, however, the security problems have been solved and she is now ready to tie into the network. Mr. Blanchard reported that the optical imaging system will soon be on line and all county documents can be scanned into the system. There is a firewall that prevents anyone from coming in and altering data in the systems. It keeps track of what comes in and what goes out. Mr. Gilliam stated that he would like to clarify a point since he is the one who abolished the position. According to Mr. Gilliam, he believes that we need a person like Mr. Blanchard working for the county, but not necessarily working for the Clerk of Court. He and the constitutional officers would like to look at the feasibility of establishing a county-wide position that would work on everybody's system. He has talked to Mr. Blanchard and Mr. Blanchard has agreed to give input and assistance in the future if needed. Commissioners Sheffield and Suggs thanked Mr. Blanchard for his efforts in building a network.



Clerk's Report:



Mr. Gilliam reported that the owners of the Monty Lou Prime property, (located across from the courthouse on the east side) are waiting for an appraisal before they determine a sale price. In addition, the Church of Christ property may be available for sale and they have indicated that they will offer the property to the county first.



Mr. Gilliam met with the constitutional officers and they agreed that they would rather take off the 26th of December, rather than the 24th for the Christmas holiday. Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to establish December 25th and 26th as the Christmas holidays for 1997, making an exception for the Solid Waste Department, requiring them to have the recycling facility open on the 27th. The motion carried unanimously.



Special Use Permit Application:



Mr. McQueen submitted an application for a Special Use Permit, on behalf of radio station WDJY. Mr. Bill Morris, general manager of the station, spoke to the Board, explaining that he would like to replace the existing 300 ft. tower with a 499 ft. tower. According to Mr. Morris, they will be expanding their service area, even though this change will result in less wattage. Chairman Suggs asked if anyone present would like to ask questions or give comments. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve the Special Use Permit, by resolution. The motion carried unanimously.



RESOLUTION 97-18



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS GRANTING SPECIAL PERMIT FOR A REPLACE-

MENT RADIO TOWER.



WHEREAS, The Gilchrist County Board of County Commissioners adopted its Land Development Regulations on or about April 18, 1993; and



WHEREAS, Section 14.11, entitled "Special Permits for Essential Services", said land development regulations require a special permit be granted by the Board of County Commissioners in accordance with certain criteria; and



WHEREAS, PINNACLE FM BROADCASTING, INC. has applied for a special permit to construct a replacement radio tower facility (499 foot tower) on the following described real property:



Commence at the Northeast corner of the Southeast

Quarter of the Southwest Quarter of Section 18,

Township 10 South, Range 15 East, for and as the

Point of Beginning. Thence run South 466.7 feet;

thence run West 466.7 feet; thence run North 466.7

feet; thence run East 466.7 feet, to close on the

Point of Beginning, less and except right-of-way

for existing county road, all lying and being in

Gilchrist County, Florida.



WHEREAS, a public hearing on said application was published in accordance with County regulation; and



WHEREAS, there has been a showing of the need for the services of a replacement radio tower in the requested location and that it is in the public interest that such a special permit be granted and that the granting of such special permit would be in compliance with other provisions of the Land Development Regulations; and



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that a special permit be granted for the construction of a replacement radio tower facility (499 foot tower) on the above described property in accordance with the application for the special permit for said tower.



RESOLVED this 3rd day of March, 1997.



GILCHRIST COUNTY BOARD ATTEST: OF COUNTY COMMISSIONERS

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



Commissioner Sheffield- Right-of-Way concern:



Commissioner Sheffield addressed the Board on behalf of Don Thomas, School Superintendent. According to information received by Commissioner Sheffield, a problem exists on county road 232, which could cause a serious accident. Superintendent Thomas recommends that the county place rock on the drive-way to Dewey Stalvey's home, as well as the right-of-way area between Mr. Stalvey's drive-way and the next drive-way, so that the bus has plenty of space to pull off the side of the road to pick up students. Commissioner Sheffield agrees that a potential problem exists and made a motion to authorize the road department to place rock in that area for the bus to pull off. The motion was seconded by Commissioner Wilkerson, and unanimously approve.



CDBG Report:



Mr. Edwards distributed a monthly report for the Board's review. DCA performed a monitoring visit on February 6th, and there were only two minor violations. All the replacement mobile homes have been delivered. Mr. Edwards reported that George Dull's well failed the first shock treatment and probably will fail the second. We may be able to solve the problem by installing a chlorinator. In regards to the Geneva Lovette well, we are working with Mr. Asbell at the county health department and a person with the Suwannee River Water Management District who indicated that the well was installed to criteria standards. It is their opinion that while the well was installed to accepted standards, the water is not acceptable. He also said that most of the time the well drillers do not guarantee good water; only that the well was installed correctly. Another well may or may not solve the problem. Our contract was with Arnold Construction for potable water, not with the well driller, who subcontracted with Arnold Construction. The Board's previous action was to have Smith Well Drilling install a new well, after some testing by the health department, and to pursue legal action against Arnold Construction. Chairman Suggs stated that in the interim, Ms. Lovette does not have potable water because of the amount of sand that pumped out, and the sand is damaging her appliances. Commissioner Durden stated that Ms. Lovette has waited long enough and he would like to see another well drilled as soon as possible. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to have another well drilled for Ms. Lovette, with the expense to paid from general revenue fund. The motion carried unanimously. Chairman Suggs added that next month she wants a report that the well has been drilled; not discussion regarding what should be accomplished. Commissioner Suggs stated that the well placed on the Varieka property has caused her neighbor's well water to be cloudy and the problem needs to be addressed. Mr. Edwards stated that the Board needs to schedule a public hearing for a CDBG budget amendment. Once all the replacement mobile homes and the temporary storage expenses are paid, anticipates that there will be between $13,000 to $16,000 remaining for housing repair projects. One of these projects should be a joint SHIP/CDBG project. In order to spend those funds, a budget amendment will be needed. Chairman Suggs stated that the Board has tentatively schedule a public hearing on the 27th of March and the budget amendment hearing could be accommodated on that date. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to schedule a public hearing for the CDBG budget amendment at 6:45 p.m. on the 27th of March. The motion carried unanimously.



The Board recessed for lunch at 12:00 p.m. and reconvene at 1:20 p.m. Mr. Burt returned at 1:30 p.m.



Peg McPhearson- Suwannee River Water Management District:



Ms. McPhearson presented information to the Board regarding the proposed Suwannee River National Heritage Region. According to Ms. McPhearson, SRWMD is visiting every club, organization, municipality, and county within the 13 county region. The proposal would provide a framework for the 13 county region to recognize and distinguish North Central Florida's unique natural and cultural resources. It will help coordinate community-driven quality of life efforts, and help preserve agriculture, silviculture and aquaculture as a viable part of our local economics. The national designation will also stimulate and manage a nature and culture based tourism industry. According to Ms. McPhearson, this in no way creates a new system of government. The legislative delegation is supporting the, Water Management District's efforts. Ms. McPhearson left a resolution for the Board to consider, and was informed that the Board adopted a resolution supporting their efforts earlier in the meeting.



Trenton Mayor Billy Rogers:



Mayor Rogers spoke to the Board about a bill from the city of Trenton for animal control for $180. It is his understanding that the Board tabled any action regarding the bill until the joint meeting between the cities and the Board later this month. Mayor Rogers is concerned because the bill is several months old already and would like to know is the Board intends to pay the bill. Sheriff Floyd asked the city to pick up an animal in the Fanning Springs area and the city agreed to keep the animal if the Sheriff transported them. The dog and puppies were put to sleep. The Board indicated that the bill is the Sheriff's responsibility and Chairman Suggs stated that she would talk to the Sheriff about it today.



Trenton City Commissioner Al Milito:



Commissioner Milito spoke to the Board about the county performing the city's building inspections. At a recent city commission meeting, the city voted to ask the county to take over their inspections, but would like to retain their authority and responsibility in regards to zoning. The city agreed that the county should keep all fees for the inspections, but pointed out that they do not impose impact fees in the city of Trenton. Commissioner Sheffield made a motion, seconded by Commissioner Wilkerson, to accept the responsibility for issuing building permits and performing building inspections for the city of Trenton. The motion carried unanimously.



Discussion of a Possible Moratorium:



Mr. Burt stated that the county is subject to the zoning enactment procedures. Moratoriums can not be established on an emergency basis. In order for the county to make decisions on land use, the county would need to amend the Land Development Regulations to require those activities to come before the Board as a special permit. Special permit applications should go before the Zoning Board for a recommendation; then to the Board of County Commissioners for two public hearings. In regards to the proposed landfill site, the Future Land Use Map would need to be amended, which can only occur twice each year. The deadline to make applications are June 30th and December 31st of each year. Commissioner Durden made a motion to amend the LDR's under 9J5; requiring those activities to come before the Board as a special permit, whether publically or privately owned; and amending the LDR's to establish a two tier type process for special permit applications. The motion was seconded by Commissioner Sheffield, and unanimously approved. Mr. Burt stated that the Board could amend the LDR's so that special exceptions will come before the Board instead of the Zoning Board. Commissioner Durden stated that he feels the residents want the Board of County Commissioners to make these decisions rather than the appointed board. Commissioner Sheffield made a motion to authorize Mr. Burt to draft language to provide that all special exceptions come before the Board. The motion was seconded by Commissioner Wilkerson, and unanimously approved. In regards to the issue of a moratorium, Commissioner Sheffield made a motion, seconded by Commissioner Wilkerson, to set in motion the process to establish a moratorium for 6 (six) months. The motion carried unanimously. Mr. Burt reviewed the Board's actions: 1) prepare and advertise for a public hearing to amend the LDR's to require that all activities defined as public facilities, and intensive agriculture activities comes before this board as a special permit process; 2) consider replacing the Board of Adjustment with the Board of County Commissioners; and 3) establish a moratorium for up to six months for the issuance of special permits and the application for special exceptions and permits.



Buddy Joyner- Road Department:



Mr. Joyner reminded the Board that they previously agreed to pave the road by the Bell School to the end of the school property. There will be three drive-ways and the school is ready to pave the drive-ways and parking areas. Before the county paves the road, there are trees that need to be removed and engineering should be consulted regarding drainage. Part of the road has adequate right-of-way and part does not. Whether or not the county paves now, the road needs to be prepared to be paved, while the costs are determined for paving with asphalt. The Board advised Mr. Joyner to get Mills Engineering to look at the drainage problems and report back at the next meeting.



Mr. Joyner reported that S.E. 40th street is in need of repairs even though it was tarred and graveled. Commissioner Sheffield stated that county roads 341 and 232 should be widened first. Mr. Joyner stated they experiencing a shortage of rock. Clyde Townsend wants the county to dig on one side of the pit, and in this area, there is a lot of dirt piled up that would have to be moved by a pan. We could get rock from Junior Kelly, however, he wants $8 per load. Commissioner Durden stated that the county will not be able to purchase rock for $4 per load much longer. Both 40th Street and Shady Grove road are in bad shape. According to Chairman Suggs, Gerald Roberts is interested again in selling rock to the county. Chairman Suggs asked if the Board would have a problem with purchasing rock from out of the county, if it can be located. The Board indicated they have no problem with purchasing out of the county rock.



Al Milton- Milton Insurance Agency:



Mr. Milton spoke to the Board about their insurance coverages and explained that he has been in the insurance business for 21 years in Marianna, Florida. Mr. Milton stated that he feels his company could save the county several thousand dollars per year by placing their workers comp coverage with GRIT (Governmental Risk Insurance Trust). He would like to submit a proposal for all the county insurance programs. The Board indicated they would consider seeking proposals during the budget period.



Mary Bennett- Special Programs



Ms. Bennett distributed information to the Board about the school's pre-school programs, and asked for support to comply with new legislation for the Prekindergarten Early Intervention Program, which is currently serving approximately 50 children on campuses in Gilchrist County. According to Ms. Bennett, the Florida Statutes sets new guidelines for the membership of the district interagency coordinating council on early childhood services. Three of the twelve members of the district council must be appointed by the county commission. Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Wilkerson, to appoint Jana Land, Jane Irwin and Kathy Spears to serve on the council. The motion carried unanimously.



Constitutional Officers- Sheriff Turner:



Sheriff Turner stated that he has prepared a budget for the federal Law Enforcement Trust Fund and submitted it to Mr. Gilliam. Most of the items in that budget are items which we anticipated seeking legislative approval, however we no longer need the legislature's approval, since these are federal funds. For example, the communications system, which was originally proposed to cost $125,000 could be funded through this budget. Mr. Jim Campbell, who is here today, to answer any questions the Board may have, has reworked the proposal and the cost has dropped to about $84,000. The Board stated that it would be proper to bid out this project, since it exceeds $10,000. It will take several months before the system will be operational. The other items in the budget are uniforms and gear, pathogen equipment, breath test equipment, computer equipment and a copy machine. In addition, there are four positions (part-time) listed under personal services (one deputy, two correctional officers and a records clerk). We are now meeting the minimum mandates regarding the number of correctional officers per inmate capita. According to Mr. Gilliam, after making inquiries, each county he has spoken to indicated that the sheriff has the authority to spend the federal funds but they are kept on deposit by the Boards of County Commissioners. Mr. Burt stated that the federal guidelines provide that an agreement between the Sheriff and the Board be executed. Mr. Burt recommends that more information be gathered and that he, the sheriff, the clerk and auditors get together. They may need to ask for an attorney general's opinion.



Sheriff Turner spoke to the Board about an ordinance he and the previous administration thought was in effect regarding gain time for county inmates. After searching the records (ordinances) it was determined that the Board never adopted the ordinance, even though it was prepared for consideration in 1991. The Board advised the Sheriff that they would advertise for a public hearing to consider adoption of the ordinance at their next regular meeting.



Sheriff Turner distributed information and a sample ordinance to the Board for a CAT program (Combat Auto Theft). If adopted, this program would allow people to register their vehicles with the Sheriff's Department, allowing an officer to pull the vehicle over after a certain time in the evening, assuming that the vehicle was stolen if seen on the road at that time. This is a voluntary program. The Board advised the Sheriff that they would advertise for a public hearing to consider adoption of an ordinance at their next regular meeting.



Sheriff Turner reported that speeding fines in the school zone will be doubled, in hopes of reducing the number of speeders and avoiding accidents. There followed discussion regarding speed limit signs in residential areas; some are too low and not easily visible. The Sheriff recommends that the Board define a residential area.



EMA/County Coordinator's Report:



Mr. McQueen asked Mr. Gilliam if it would be possible to switch places on the agenda next month because he has to be at a workers comp hearing the afternoon of the next regular meeting. Mr. McQueen reported that there is a bill for unemployment on Mr. Martin and no line item to pay established in the budget for payment. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to pay the bill from the general fund reserve. The motion carried unanimously.



Mr. McQueen stated that he is proud of the efforts made by the EMS staff. Dr. Cox performed an in-service visit last Friday and was pleased with the operation of the department. It appears that the cash carry-over will cover the shortage in salaries. Mr. McQueen recommends that an additional bedroom be added at the Bell station, which would cost approximately $5000. Currently there is only one bedroom. He added that he would try to have figures before the Board at the next regular meeting for the cost of such an addition. In a previous meeting, the Board approved the purchase of a radio from the traffic surcharge fees for the new ambulance, however, the radio that was ordered does not meet their needs. They can exchange it for a dual head radio which cost $3240. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to authorize the purchase. The motion carried unanimously.



Mr. McQueen brought to the Board's attention that part time paramedics have been hired at varying rates of pay and they have requested that the rate be the same for all part time paramedics. Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Bush, to establish one rate for all part time paramedics. The motion carried unanimously.



The Board recessed at 5:15 p.m. and reconvened at 6:30 p.m., at the Trenton High School Football Stadium.



Jackie R. Barron- Chambers Waste:



Jackie Barron, representative from Chambers Waste, spoke briefly to the Board and citizens present about the proposed landfill site in Gilchrist County. According to Mr. Barron, Chambers Waste has a lease/purchase option on 3000 acres, located in the northeastern section of the county. They are currently performing soil tests to determine if the site is suitable for a landfill. Mr. Barron added that if the site proves to be unsuitable, they will not exercise their option to purchase the property. Approximately 33 citizens spoke in opposition of the proposed landfill. Chairman Suggs advised those in attendance of the actions the Board took previously during the day, regarding the proposed moratorium and amendments to the Land Development Regulations. Upon conclusion, the Board recessed and reconvened at 8:40 p.m. in the courthouse.



Commissioner Durden- Request from Gerald Blackwell:



Commissioner Durden spoke on behalf of Mr. Blackwell, stating that the town of Bell would like the county's assistance to open a road (approximately 1000 feet), in hopes to reduce school bus traffic off the main access road. They request the county do the work, while they will supply the dirt/rock. Actually the School Board will provide the dirt and the town of Bell will purchase the rock. This would alleviate serious congestion and they would like to complete this project before next school year. Commissioner Wilkerson made a motion, seconded by Commissioner Durden to assist the town of Bell. The motion carried unanimously.



Buddy Joyner- Road Department:



Mr. Joyner asked the Board what they would like him to do in regards to 40th Street (T.W. Bass road). The Board advised Mr. Joyner repair 40th Street, so long as the work on county roads 232 and 341 are not delayed.



Commissioner Durden asked Mr. Joyner if he has looked into the problem discussed at the last meeting about the excessive number of batteries purchased by the Road Department. Mr. Joyner stated that he has a list of batteries currently in service at the Road Department, however, he does not have it with him. Mr. Joyner agreed that it is an excessive number of batteries and advised his staff that no batteries are to be purchased without his prior approval.



Commissioner Durden asked Mr. Joyner if he has performed an inventory of tools. Mr. Joyner replied that he has not, but anticipates accomplishing this once the new clerical person is working at the Road Department. There followed discussion about keys being left in county vehicles and the risk that poses since the shop is located behind the county jail.



Mr. Joyner reported that he has received prices on fuel and United Fuels has the lowest price of 73 cents per gallon.



Mr. Joyner stated that if the Board is interested in moving dirt at the rock pit in order to mine additional rock, Ring Power will rent a pan for $14,000 per month. The Board took no action.



The Board discussed a problem that has been brought to their attention about the Road Department not having enough flagmen available during road work. Mr. McQueen stated that he has not completed the personnel analysis yet, but it appears as though the department is 2 to 3 employees short. Following discussion, it was agreed that Mr. McQueen, Mr. Gilliam and Mr. Joyner would meet and look at the budget to see if there are funds available for additional positions.



Mr. McQueen reported that the software for the Road Department computer has arrived and the interpreter is expected to be here tomorrow. It will take some modification to make the system work.



Ms. Rose Kemp discussed with the Board the Zoning Board meeting she attended nearly a year ago, in regards to the special exception for the sawmill. According to Ms. Kemp, she submitted information to the Zoning Board and they would not consider that information, however, they would not return it to her. She was also told by one member of the Zoning Board to sit down and be quiet. Ms. Kemp stated that one Zoning Board member made the statement that anyone could do anything to their property. The Board advised Ms. Kemp that if these comments were made by Zoning Board members, they were unacceptable and not representing the public in a proper manner.



Because of the late hour, Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to table discussion of Impact Fees and Occupational Licenses until the next regular meeting. The motion carried unanimously.



Clerk's Report (cont.):



Mr. Gilliam reported that four companies were consulted regarding the evaluation of the county's computer systems. Of those four, two admitted that they did not have the knowledge to evaluate our systems. One company was willing to submit a "quick look" proposal and the other company, Krause Computer Consulting, from North Carolina, stated that they could do a complete evaluation of our systems for $5000. They would provide 2 or 3 staff and anticipate that it would take one week to do the evaluation. They indicated that they could not recommend whether or not the county will need a MIS director in the future until they can complete the evaluation. Commissioner Suggs suggested that Mr. McQueen contact the Small County Foundation and ask if they might be able to evaluate our systems, through the Technical Assistance Program. The elected officials would like the Board to assist paying the cost. The Property Appraiser and the Supervisor of Elections have very little budget to contribute. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to fund up to $2000 of the total cost of the evaluation by Krause Computer Consulting. Commissioners Bush and Sheffield voted in favor of the motion and Chairman Suggs voted in opposition.



Mr. Gilliam reported that the total fees disbursed to the Board from the Clerk was $12,088.75 for the month of January.



The Board reviewed and approved an overall economic development priority list, as requested by the North Central Florida Regional Planning Council. The Board added the acquisition of the church property to the list, along with the construction of a new detention facility. The Board unanimously approved the priority list, following a motion from Commissioner Durden, which was seconded by Commissioner Wilkerson.



Mr. Gilliam reported that the 1996 Legislature amended section 197.502(3), Florida Statutes. This section of law addresses the requirements of the county for making application for tax deed on county held certificates held for two years after April 1 of the year of issuance. The new language states that the county shall make application for a deed on all certificates on property valued at $5,000 rather than $500.



Mr. Gilliam spoke to the Board about a problem he has discussed with Edgar Langford, Deputy Tax Collector. The special assessment ordinance states that an application for exemption from special assessments under the hardship consideration may be submitted prior to the end of the fiscal year. Both he and Mr. Langford agree that the process of these applications would be simplified if the deadline for application were set for March 31st of each year, for hardship exemptions, as well as all other exemptions. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to hold a public hearing to amend the ordinance. The motion carried unanimously.



Mr. Gilliam stated that he has received a request from the Florida Association for Social Services for the Board to appoint a contact person. Commissioner Suggs stated that she would be glad to serve as the contact for Gilchrist County and indicated that she will try to attend the meeting scheduled for the 21st of March in Tampa.



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



Mr. McQueen spoke to the Board about the Tax Collector's budget. He did not budget for his salary increase because the information was not available at the time he submitted his budget figures. He has requested that the Board increase his budget by $1278. Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to increase his budget by $1278, transferring the funds from General Fund reserve. The motion carried unanimously.



Mr. McQueen announced that March 1st began amnesty days at the recycling center and hazardous waste collection day is coming up on the 8th.



Chairman Suggs stated that the city of Trenton contacted her about the Board declaring April 5th as George Dickerson Day, in recognition of his volunteer services to the children of Gilchrist County. The Board discussed this in the December meeting, however, no action was taken at that time. Commissioner Durden made a motion, seconded by Commissioner Bush, to adopt a resolution, recognizing his services. The motion carried unanimously.



RESOLUTION 97-18:A



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS HONORING MR. GEORGE DICKERSON FOR OUT-

STANDING VOLUNTEERISM.



WHEREAS, volunteerism comes in many forms and serves mankind in many ways, whether it be the simple answering of a telephone or a life and death matter, such as our volunteer firemen and women give to the citizens of this community, or whether it's a volunteer senior citizen reading to a small child, all volunteers provide a wonderful service and enhance and enrich the daily lives of all of those around them; and



WHEREAS, Mr. George Dickerson uses his talents and gives of his time in providing magic to the young and old of this community; and



WHEREAS, Mr. George Dickerson has presented his magic shows in the schools, in club room, in civic meetings, in community events, and



WHEREAS, George Dickerson has provided magical shows to the children of Trenton, he has provided guidance for summer recreation programs and has cooperated with the Trenton Police Department in drug programs aimed at deterring the youth of the community from becoming addicted to drugs and alcohol;



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



1. That George Dickerson be honored for his volunteerism to the citizens and especially the children of this community by a grateful Board of Commissioners, and



2. That Saturday, April 5, 1997, be set aside as George Dickerson Day and George Dickerson be so honored by the publishing of this Resolution in the Gilchrist County Journal.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joseph W. Gilliam, Clerk /s/Sue B. Suggs, Chair



Chairman Suggs spoke to the Board about a request received from the local Shrine club, to recognize the services of James L. Suber. He is the head of the Shrine Temple in Jacksonville, and our local Shrine organization is within that region or area. Commissioner Durden made a motion to recognize Mr. Suber's contribution to the Shrine Temple. The motion died for a lack of second. Chairman Suggs stated that she feels the Shriners make a significant contribution to society in general, and in this county alone, there are 18 active children using the medical services of the Shriner's Hospital. Following discussion, Commissioner Durden again made a motion to recognize Mr. Suber's efforts. The motion was seconded by Commissioner Sheffield, and unanimously approved.



Suwannee River Shrine Club would like to use the Hart Springs boat ramp the first Saturday of June. The Board indicated that they did not have a problem with this request.



Mr. McQueen submitted a request from the Building Department to refund a renovation permit which was purchase for the repairs of a mobile home. Since that time, the homeowner has decided to replace the mobile home with a newer model, which will not require repairs. Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to approve the refund of $50 to Mr. Herman Strang. The motion carried unanimously.



A request has been submitted from the Road Department to refund a $30 drive-way permit. The Health Department has denied the septic tank permit and therefore the owner has decided not to move onto the property. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to refund the $30 permit to Mr. Nestor Peters.



Mr. McQueen reported that Earl Rogers has submitted his resignation from the Park Advisory Board. Commissioner Bush made a motion, seconded by Commissioner Durden, to accept the resignation. The motion carried unanimously.



Mr. McQueen stated that the Park Advisory Board met recently and decided they would like to have more hands on control of the day to day operations of the park. Ms. Pitzarell stated for the record, that as a member of the Park Advisory Board she does not feel the need to have daily hands on control of the park. Chairman Suggs asked Mr. McQueen to invite the members of the Advisory Board to the next regular Board meeting.



Mr. McQueen announced that the annual recycling seminar is coming up soon and he and Dianne Avery would like to attend again this year.



Legislative Day is March 26-27 and the Small County Coalition will host a dinner on the 26th. Chairman Suggs and Commissioner Durden indicated that they would like to attend.



The light at the park near the Carvers' residence was paid by the Carvers and after L.V. passed away, the light was removed because they sold the property. They would like for it to be re-installed to cut down on the traffic and vandalism at night. It will cost about $49 to install the light and approximately $10 per month. Chairman Suggs advised Mr. McQueen to call Mr. Ricketson and see if he will waive the installation fee.



Commissioner Sheffield stated that the Osteens have asked if there is a possibility of installing a boat ramp at the park near their home. There are no funds in the budget for the construction of a boat ramp, and the Fresh Water Fish and Game Commission only repair ramps in existence.



There being no further business to discuss, a motion was made by Commissioner Durden, seconded by Commissioner Wilkerson, to adjourn at 10:42 p.m. The motion carried unanimously.



APPROVED:







SUE B. SUGGS, CHAIR



ATTEST:







JOSEPH W. GILLIAM, CLERK