MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD APRIL 7, 1997.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on April 7, 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, Chairman

Wilbur Bush

Jimmie Sheffield

Randy Durden



Other persons in attendance were: Ted Burt, County Attorney, Joseph "Joe" W. Gilliam, Clerk, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Buddy Joyner, Road Department Superintendent, Sheriff David Turner, Beth Latner, EMA administrative assistant, Dick Edwards, CPC, Bud Riffle, North Gilchrist Volunteer Fire Chief, Jim LaRue and Mindy Collier, Small Counties Foundation, Jim and Maria Zeigler, Hart Springs Park, Eudell Parrish, Park Advisory Board member, David Branson, Florida Power District Manager, Sheree Lancaster, attorney, Denis Riordan, Gilchrist Development Authority,Lamar Hines, Brian Lewis, Jim Suit, Bobbie Wray Suggs, Jeff Jordan, Gerald Roberts, Johnnie Martin, and Rayanne Ferguson, county residents.



Mr. Gilliam gave the invocation.



Chairman Suggs stated that Commissioner Wilkerson will be absent today because his wife is having surgery and asked Ms. Pitzarell to send flowers to her from the Board.



Commissioner Durden stated that Gerald Roberts will be in sometime today to discuss the use of portable toilets at construction sites.



Approval of Minutes:



The Board unanimously approved the minutes of the meeting held March 3, 1997, following a motion from Commissioner Durden, which was seconded by Commissioner Sheffield.



Chairman Suggs spoke to the Board about a resolution requesting funds from the legislature for courthouse renovations for ADA (Americans with Disabilities Act) compliance. According to Chairman Suggs, she and Commissioner Durden spoke to Representative Randy Mackey during legislative week about the need for funds for courthouse renovations. Representative Mackey indicated that if he could get a resolution that day, he may be able to "walk it through" the house the following day and secure $90,000 for Gilchrist County. Chairman Suggs contacted Mr. McQueen and he and Ms. Pitzarell wrote a resolution and faxed it to him that evening. Representative Jane Boyd also asked for a letter requesting funds for an elevator, however, it does not look promising that more than $90,000 will be forthcoming. Chairman Suggs asked the Board to adopt the resolution, retroactive to March 3rd. Commissioner Sheffield made a motion, seconded by Commissioner Bush, to adopt the resolution. The motion carried unanimously.



RESOLUTION 97-19



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS REQUESTING FUNDS FOR COURTHOUSE RENO-

VATIONS FROM THE FLORIDA LEGISLATURE.



WHEREAS, the Gilchrist County Courthouse is not in compliance with the Americans with Disabilities Act; and



WHEREAS, it is the responsibility of the Gilchrist County Board of County Commissioners to provide access to the public, including those with disabilities; and



WHEREAS, the Judicial personnel of Gilchrist County and the Judges of the Eighth Judicial Circuit have requested that the Gilchrist County Courthouse be brought into compliance with the Americans with Disabilities Act; and



WHEREAS, the Gilchrist County Board of County Commissioners have previously identified the renovations of the courthouse in the Survey of Identified Public Facility Needs and Related Projects in the Overall Economic Development Program; and



WHEREAS, the Gilchrist County Board of County Commissioners are operating at a maximum millage rate of 10 (ten) mills; and



WHEREAS, funds may be available through an appropriation by the Florida Legislature;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that by this resolution, the Florida Legislature is requested to enact special legislation to provide funding in the amount of $90,000.00 for renovations, including Americans with Disabilities compliance in the Gilchrist County Courthouse.



RESOLVED this 3rd day of March, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Consent Agenda:



Mr. Gilliam pointed out that the consent agenda contained a journal entry for the Board's approval, to move $5000 from the general fund reserve to a line item within general fund, to pay the city of Trenton for the extension of the water line along state road 26, east. The Board agreed last September to assist the city of Trenton, as a joint economic development venture, but did not specify the funding source. Commissioner Bush made a motion, seconded by Commissioner Durden to approve the consent agenda. The motion carried unanimously. The consent agenda contained the following:



1. Monthly bills



2. Journal entries numbered 97061-97071



3. A resolution adopting the overall economic development pro-

gram, 1996 Annual report.



RESOLUTION 97-20



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GILCHRIST COUNTY, FLORIDA, ADOPTING THE NORTH CENTRAL

FLORIDA ECONOMIC DEVELOPMENT DISTRICT OVERALL ECONOMIC

DEVELOPMENT PROGRAM 1996 ANNUAL REPORT, AS PREPARED BY

THE NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL;

PROVIDING AN EFFECTIVE DATE.



WHEREAS, Gilchrist County, Florida, is a member of the North Central Florida Regional Planning Council; and



WHEREAS, a written report must be submitted annually to the U.S. Economic Development Administration to evaluate the progress made toward improving economic conditions in Gilchrist County during the past year; and



WHEREAS, the Gilchrist County Board of County Commissioners has previously adopted the North Central Florida Economic Development District Overall Economic Development Program; and



WHEREAS, the North Central Florida Economic Development District Overall Economic Development Program 1996 Annual Report accurately reflects economic conditions in the County and satisfactorily covers the County's own economic planning and programming;



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



1. That the North Central Florida Economic Development District Overall Economic Development Program 1996 Annual Report as prepared by the North Central Florida Regional Planning Council be adopted by the Board of County Commissioners of Gilchrist County, Florida, as accurately reflecting the economic conditions in the County and satisfactorily covering the County's own economic planning and programming.



2. That the North Central Florida Economic Development District Overall Economic Development Program 1996 Annual Report be submitted to the U. S. Economic Development Administration with the understanding that this action meets the annual progress reporting requirements for the County.



3. This resolution shall take effect upon its adoption.



DULY ADOPTED in regular session this 7th day of April, A.D., 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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

Attorney's Report:



Article V Costs- Mr. Burt reported that there is an investigation regarding who should pay Article V costs and the state could be presented with legal action from the counties. Chairman Suggs stated that she received a letter from the governor stating there are no appropriations for those costs. The court administrator's office is looking for support from the Clerk's Association on this issue, according to Mr. Gilliam and as of June 1st, the clerks have a mandate to increase the tracking codes for Article V costs. According to Mr. Burt, the county could join other counties and file a case against the state, or the county could file their costs on a weekly basis for reimbursement. The county could also deny payment of some of those costs rather than bring an action against the state. Mr. Burt recommends that the county take a posture on individual cases, denying those costs, selectively. This would be a defensive posture. At this time, the Board does not need to take any action. Filing litigation against the state, if successful, would mean the state would fund Article V costs, taking funds away from the county in another area.



Mr. Burt presented the Board with an executed fire agreement from the Town of Bell. The Town of Bell will receive $12,500.



Commissioner Sheffield asked if the county owned the club house in Bell, since it was an old voting precinct. Apparently there has been no insurance on the building for several years. According to Mr. McQueen, it will cost $1620 for the windows, which were requested by Ms. Peggy Sapp. Following discussion, Commissioner Sheffield made a motion, to authorize a conveyance to the Town of Bell for the club house. The motion was seconded by Commissioner Durden and unanimously approved.



Commissioner Durden reported that the town of Bell has decided not to do anything to Jones Street as previously discussed during the March 3rd Board meeting.



Mr. Burt announced that the town of Bell has appointed Ms. Michelle Rose to serve as their representative on the county/city committee.



Mr. Burt stated that Gary Marquis called about his son who damaged his vehicle by hitting a pot hole on a county road. A claim was filed with the county's insurance carrier, and we recently received notification that the claim was denied because the county was not made aware of the existence of the pot hole, prior to the incident. Mr. Burt added that since we have some pending litigation, we should not take any action contrary to the insurance company's position.



Forest Beach property- Mr. Beach divided some property and of the parcels that were divided, Chauncey purchased two parcels and the Harts purchased two parcels. One of the Hart's parcels were conveyed back to Mr. Beach, in lieu of foreclosure. Mr. Beach would like to divide the parcel which was conveyed back to him into two parcels. The Board could issue a building permit for the west and east side of the subject parcel, based on the theory of tenants in common. Commissioner Bush made a motion, seconded by Commissioner Durden to issue a building permit to Mr. Beach. The motion carried unanimously.



Mr. Burt stated that Harry Chope has filed a second amended complaint with the U.S. District Court, regarding a matter which was brought before the zoning board. Commissioner Sheffield asked how long this case could go on and Mr. Burt replied that the courts are very liberal when a case is handled pro se, such as this case.



Gilchrist Development Authority: The GDA had requested information about getting liability insurance through the county's carrier. The quote is $1000 and Ted recommends that the Board authorize and pay for the coverage. The Chope case is an example of why E&O (errors & omissions) coverage is needed. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to pay the premium from the insurance line items if available, or from general fund reserve. The motion carried unanimously.



Mr. Burt asked the Board to pay half the expenses for him to attend the annual law seminar in Orlando, indicating that Dixie County will pay the other half. Commissioner Durden made a motion, seconded by Commissioner Bush to approve the request. The motion carried unanimously.



Mr. Burt stated that there is a problem in the Sun-N-Fun subdivision, with sections and dimensions but he has not had a chance to look at it yet.



Mr. Burt announced that there is a hearing tomorrow regarding road maintenance involving John Landers, of Santa Fe Landing Subdivision. Mr. Burt asked that someone attend the hearing with him at 2:00 p.m. here in the Gilchrist County Courtroom. Commissioner Sheffield asked Chairman Suggs to attend in his place.



Chambers Waste System: Mr. Burt stated that he understands that DEP will be conducting a site visit at the proposed landfill site tomorrow, at about 11:00 a.m. Because this issue may come before the Board in the future, he does not recommend that a board member attend or hear any discussion outside of a public hearing, however, he does recommend that someone represent the county tomorrow. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to authorize Mr. McQueen to attend the meeting tomorrow for observation only. The motion carried unanimously.



The Board of Adjustment has received an application for a dairy from Craig Watson. Mr. Burt recommends that the Board hire an engineer to review the application, to testify on the Board of Adjustment's behalf as an expert witness. The Board of Adjustment does not have the funds to hire an engineer and because of time constraints, the Board may wish to hire Mills Engineering. Mr. Mills has indicated in the past that he is not very familiar with dairy operations, so he may would choose to subcontract the services with another engineer. Commissioner Bush made a motion, seconded by Commissioner Durden, to authorize Mr. McQueen to hire Mr. Mills to review the dairy application, or have Mr. Mills subcontract the work with another engineer. The motion carried unanimously.



Mr. Burt stated that Gene Parrish called about Glenda Hagan dividing her property on state road 26. According to Mr. McQueen, it is not on the agenda today because he has not received all the information that is needed.



Mr. Burt advised the Board that the Sheriff wants to issue citations to minors for smoking within 1000 feet of the schools from the hours of 6:00 a.m. through midnight. Mr. Gilliam stated that two citations have been issued, but the county has not approved the citation form. Both fines have been paid, but there are no provisions regarding the deposit or placement of these funds. Since the schools are located within the municipalities, the city councils may have to approve this request as well. The Board indicated that they do not want to get involved in this issue and Commissioner Durden made a motion, seconded by Commissioner Sheffield to table the issue until they can discuss the matter with the Sheriff later today. The motion carried unanimously.



Commissioner Bush asked what could be done about speed limits on graded roads. He has received a request for posting speed limit signs in certain areas. It is Mr. Burt's opinion that the signs must be posted in order for limits to be enforced. The Board would need to define a residential area.



Mr. Burt stated that he has received an opinion from the Attorney General regarding the procedure for expending Law Enforcement Trust Funds. According to the Attorney General, these funds may be expended upon request by the Sheriff to the Board of County Commissioners or by the chief of police to the governing board of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection (Section 932.7055(4)(b), Florida Statutes), and only upon appropriation to the sheriff's office or police department by the Board of County Commissioners or the governing body of the municipality. The Board can discuss this more with the Sheriff later today.



EMA/County Coordinator's Report:



Randall Hilbert, Sun N Fun Subdivision, has requested road work in that area, but the county does not maintain the roads in that subdivision. There is a letter in the Board's agenda packet from a company named Summitt. This company does consulting work for grant applications and in the past, the Board has discussed the possibility of applying for a CDBG grant to do road paving. In order for the project to qualify, the road must serve an area where 51% of the residents are low income. Sun N Fun may be a possible area to consider. Commissioner Sheffield stated that before this area could be considered, correct property lines would have to be established. Commissioner Sheffield suggested that the Board look at several areas rather than just one.



Last year the Board authorized $22,000 to pay for milled asphalt from the Impact Fee Fund. To date, approximately $5000 more than that has been spent and in order to charge this expense to the Transportation Impact Fee Fund, the Board would need to authorize the additional expenses. According to Mr. McQueen, the expense occurred when Philman's Custom Service was used to move the material quickly because Levy County was hauling loads fast. Commissioner Sheffield is concerned that the Impact Fee Fund may not be able to bear the additional expense. Upon questioning by the Board, Mr. Joyner stated that he used Philman's Custom Service for two days to move asphalt from Lake City to the Wayfair and Riverside church roads. The Board asked Mr. McQueen and Mr. Gilliam to review the status of the Impact Fee Fund and if funds are available, have Mr. Burt prepare a resolution. The Board would like a report by the next meeting.



Mr. Joyner stated that he has spent less on CR 341 than he anticipated, but he has not started on CR 232. These two projects have been funded by a $150,000 line of credit, with impact fees pledged for repayment. So far, only $11,000 has been spent. Chairman Suggs asked Mr. Joyner if he was tacking the lime rock prior to applying the milled asphalt. Mr. Joyner stated that he has been tacking the pavement where the milled material is being applied, but that it does not help to tack the lime rock.



Mr. McQueen reminded the Board that Mr. Weaver is hosting a dinner on April 11th at 7:00 p.m. at the Livestock Pavilion.



Mr. McQueen submitted a holiday schedule for the Solid Waste Department which was prepared by Ms. Avery. This scheduled would allow the facility to be open on Saturdays. Mr. McQueen recommends adoption of the schedule, with the exception of the Veteran's Day holiday. He would like to have Ms. Avery work out a different day for Veteran's Day. Commissioner Durden made a motion, seconded by Commissioner Bush, to approve the schedule, with the exception of Veteran's Day. The motion carried unanimously.



Ms. Annis Stewart has requested a refund of $65 for the use of the pavilion at Hart Springs Park. Her reservation is scheduled for August. Commissioner Bush made a motion, seconded by Commissioner Durden, to approve the refund. The motion carried unanimously.



Mr. McQueen reported that the FERDAP (recreation) grant looks as though it will be approved by the legislature for $100,000. He has met with Jerry Scarborough, Suwannee River Water Management District, regarding the park and he indicated that he would like to see an overall plan for the park adopted. Mr. McQueen provided him with a copy of the plans prepared by the Department of Natural Resources and the School of Architecture several years ago. Mr. Scarborough stated that the SRWMD may be able to assist the county with management of the park. The FERDAP grant application identified reworking the camp ground area, which would include new rest rooms. The water and sewer problems need to be addressed as well. Mr. Scarborough recommends that the county look at placing the campgrounds on higher grounds. Mr. McQueen has also spoken to Jerry Owens, Department of Environmental Protection and he indicated that the department may be able to be more relaxed in their water requirement issue.



Chairman Suggs stated that she asked Sam Ferguson to hold a purchase order for $355.26 for the purchase of fence, which is to be placed around the manager's mobile home, at Hart Springs Park, for child safety. Chairman Suggs stated that she has a problem with this issue; a significant amount of funds have been spent on remodeling the mobile home already (approximately $3600). Commissioner Sheffield stated that he is not in favor of spending additional funds on the manager's residence. According to Mr. McQueen, Hart Springs collected about $20,000 more than was expended last year in the general revenue fund. Commissioner Durden made a motion to refuse to pay the bill. There followed discussion regarding the proper procedure for department heads expending funds. According to the county's procurement policy, a department head can expend up to $2000 without prior approval by the Board, providing the funds are available and the expense is a legitimate expenditure. Commissioner Durden's motion died for lack of a second. Commissioner Bush made a motion to pay the bill. There followed discussion as to whether or not the fence has already been purchased and if so, whether it has been installed. Commissioner Bush's motion died for lack of a second. The Board agreed to discuss the issue with the Park Advisory Board at 5:00 p.m. this evening.



Mr. McQueen reported that Edwin Bass has submitted his resignation from the EMS department, effective the 15th of April. He has however, indicated that he would like to continue in a part time capacity. Commissioner Sheffield made a motion, seconded by Commissioner Bush to accept the resignation. The motion carried unanimously.



Building Department- Mr. McQueen stated that Mr. Rehberg has indicated that he would like to go back to 24 hours per week for inspections and would like to see Ms. Strickland more involved with some of the office issues (zoning, code enforcement, etc.). Chairman Suggs stated that Ms. Strickland has indicated that she has been able to handle the workload thus far. Since Mr. Rehberg's health problems, he has spent less time in the field anyway, and so far, inspections have been performed in a timely manner. Mr. McQueen stated that he also can perform inspections for Mr. Rehberg when necessary. Mr. Rehberg has a pager and radio and so far there have been no problems. Chairman Suggs asked if the building inspector is enforcing the portable toilet issue. Commissioner Durden stated that Gerald Roberts is expected to come in today to discuss this with the Board.



Mr. Burt announced that there is a supervisor's training workshop, sponsored by the Small Counties Technical Assistance Program, coming up soon. This workshop will be held at Fanning Springs City Hall.



Mr. McQueen stated that Gilchrist County collected 13,180 lbs. of hazardous waste on March 8th. The Department of Environmental Protection, in a news letter, pointed out the amount collected by Gilchrist County and complimented the efforts of Ms. Diane Avery.



The Board asked Mr. McQueen if he had finished with his evaluation of the Road Department and their staffing needs. Mr. McQueen replied that he has not completed the assessment, although he does have some of the information needed for the staffing issue. He does not have that information with him at this time.



Commissioner Sheffield expressed his dissatisfaction with the production level of the Road Department and advised Mr. Joyner that citizens living in his district are constantly calling or approaching him to discuss the problem. Commissioner Sheffield reminded Mr. Joyner that over a year ago, the drive-ways on the north side of county road 138 were repaired by the Road Department, and it was their intention to do the drive-ways on the south side of CR 138. Those drive-ways still have not been repaired. Commissioner Sheffield stated that it's obvious that no one is checking the roads.



Commissioner Durden stated that he does not see how Mr. Joyner could possibly know what's going on with the roads throughout the county because he is always running a piece of heavy equipment. Commissioner Durden added that he does not think the Board hired him to operate equipment, but rather to supervise the department.



Commissioner Sheffield stated that every time he calls for the limber it is always broken down and the dragline is still down. Commissioner Sheffield added that he is looking for some changes within the next 30 days because he is tired of taking heat from the public in regards to the roads in his district.



Commissioner Durden stated that he has observed rock trucks sitting from 8:30 to 11:00 in the morning.



Chairman Suggs asked if there were two employees that do not turn in work reports. Mr. Joyner stated that Nathan has not turned in all of them on the people that report to the north end.



Commissioner Sheffield again stated that he expects to see some work completed in his district within the next 30 days, and expects to have the department analysis completed by the next Board meeting. Mr. Joyner stated that he intends to have a meeting tomorrow morning and put everyone on five days per week or if they stay on four they will all meet at the same place each day.



Commissioner Durden stated that he wants to go on record that he is not satisfied with the work performed by the Road Department and that something has got to change.



Mr. Gilliam reported that the balance on the first loan where impact fees were pledged as repayment is $185,000. The original loan was for $350,000.



Public Hearing- CDBG Budget Amendment:



Mr. Edwards stated that the CDBG budget needs to be amended in order to spend the remaining funds, totalling $14,159. He suggests that $13,259 be moved from permanent relocation to housing rehabilitation and $900 be moved from permanent relocation to temporary relocation. Commissioner Sheffield stated that it has been reported to him that Mr. Rehberg has not inspected the work at all the mobile homes. At the George Dull home, the floor insulation is in a pile under the trailer. Mr. Dull alleges that the contractor paid him over $300 to sign off on the work so he could get his check from the county. He also claims that a smoke detector cost over $700. Mr. Dull will be coming to the next Board meeting. Mr. Edwards reported that they are installing a chlorinator on the Dull's well, which was recommended by the health department. Commissioner Bush made a motion, seconded by Commissioner Durden to amend the CDBG budget as recommended. The motion carried unanimously. Commissioner Durden asked if the Lovette well has been drilled. Mr. McQueen stated that Smith Well Drilling was supposed to drill the well week before last, but did not. Mr. Smith later stated that he did not have the time and would get to it last week, but did not. The Board advised Mr. McQueen that if Mr. Smith is unable to drill the well in a timely manner, to contact another well driller. According to Chairman Suggs, the Varieka well is still causing problems to the people adjacent to her property and this problem needs to be addressed.



The Board recessed for lunch at 12:10 p.m. and reconvened at 1:20 p.m.



Public Hearing- Road Closure for Thomas Averitt:



Ms. Sheree Lancaster appeared before the Board, representing her client, Thomas Averitt, in regards to a petition filed for the vacation of a road. According to Mr. Burt, county attorney, the notice was posted at the site and advertised in the Gilchrist County Journal. Ms. Lancaster stated that years ago the road right-of-way was deeded to the county but when the road was put in, it was put in south of the deeded ROW. This road is located north of Red Berry Branch Estates. Closing the road will not affect the existing road, but will allow access to Averitt's property. Commissioner Sheffield made a motion, seconded by Commissioner Durden to vacate the road, by resolution. The motion carried unanimously.



RESOLUTION 97-21



RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, VACATING A ROAD LOCATED

IN SECTION 12, TOWNSHIP 7 SOUTH, RANGE 15 EAST,

GILCHRIST COUNTY, FLORIDA.



WHEREAS, THOMAS R. AVERITT has petitioned the Gilchrist County Board of County Commissioners to vacate a road located in Section 12, Township 7 South, Range 15 East, Gilchrist County, Florida; and



WHEREAS, notice has been provided pursuant to Chapter 336, Florida Statutes; and



WHEREAS, it appears that the vacating of the road will not affect the ownership or right of convenient access of persons owning other parts of nearby lands, and the road is not being otherwise utilized and there being no taxes due against the land on which the roadway is located.



BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida that:



1. The Petition of THOMAS R. AVERITT to close and vacate that portion of a road 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, Gil-

christ 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 run along

said right-of-way line North 01 degrees 31 minutes 27

seconds East, 11.52 feet to the edge of a county maintain-

ed 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 de-

grees, 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



is hereby granted.



2. The roadway as above described is hereby vacated, and the Clerk of this Board is authorized and directed to record a certified copy of this Resolution in the Public Records in Gilchrist County, Florida and publish a Notice of Adoption of the Resolution within thirty (30) days of the date of this Resolution in the Gilchrist County Journal. Thereafter, the Clerk to the Board is directed to record in the Official Records of Gilchrist County, Florida the following:



a. Proof of Publication of Notice of Hearing on the

Resolution.



b. The Resolution.



c. Proof of Publication of Notice of Adoption.



RESOLVED at the regular meeting of the Board of the Gilchrist County Commissioners on April 7, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Commissioner Sheffield asked Ms. Lancaster if the school buses are still using the school bus turn-around at the subdivision behind Russell Jones property. Ms. Lancaster replied that the property owners conveyed a three year deed to the county, which has expired. The property was sold and the new owner will not give permission for the bus to turn around, therefore, the school buses are no longer using the turn-around.



The Board discussed the area near Dewey Stalvey's home where rock was recently placed for the bus to pull off to pick up children. According to Ms. Lancaster, state DOT regulations will not allow buses to pull off the highway to pick up children because of the safety risk. Ms. Lancaster thanked the Board on behalf of the School Board for their cooperation in the matter.





Public Hearing- Restructure of the Gilchrist Development Authority:



Mr. Burt presented a proposed house bill, which would change the Development Authority's membership. The Gilchrist Development Authority was created by a legislative act establishing a 9 member board Years later, the Board created a Development Authority, establishing a 5 member board. This legislation will merge the two boards. Commissioner Durden made a motion, seconded by Commissioner Bush, to approve the proposed legislation by resolution. The motion carried unanimously.



RESOLUTION 97-22



A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY REQUESTING A SPECIAL ACT RELATING TO

THE GILCHRIST COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY

AND 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 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 set by special act; and



WHEREAS, the Authorities are equally known as the Gilchrist County Development Authority and encompass both the Gilchrist County Industrial Development Authority and the Gilchrist County Development Authority; and



WHEREAS, clarification is needed and legislation is needed to provide that the membership of each Development Board be the same and that the membership of each Board act as one body;



NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gilchrist County, Florida that by this Resolution the legislature of the State of Florida is hereby requested to enact legislation in form and content as generally set forth on the exhibit attached hereto entitled "Proposed House Bill".



THIS RESOLUTION WAS ENACTED this 7th day of April, 1997 after public notice thereon.



RESOLVED this 7th day of April, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



CDBG Discussion:



Commissioner Durden asked Mr. Burt if the Board should wait until the CDBG project is completed before making a decision on Mr. Edwards payment. Mr. Burt recommended that the decision be delayed until the entire project is finished. Several Board members expressed their displeasure with Mr. Edward's performance.



Discussion of Board Meetings:



Commissioner Durden stated that he would like to see the Board go to two meetings per month and suggested starting the second meeting at 5:00 p.m., to allow the public more access. Commissioner Durden made a motion to change to two meetings per month, meeting the first Monday of each month from 9:00 a.m. to 5:00 p.m., and the third Monday of each month from 5:00 p.m. to 9:00 p.m. The motion was seconded by Commissioner Sheffield and unanimously approved.





Public Hearing- Request to expend state Law Enforcement Trust Fund monies for funding of capital expenses:



Mr. Burt presented legislation for the Board's consideration, which would allow the use of state Law Enforcement Trust Fund monies for the funding of capital expenses. Following discussion, Commissioner Bush made a motion, seconded by Commissioner Sheffield to adopt the legislation, by resolution. The motion carried unanimously.



RESOLUTION 97-23



A RESOLUTION OF THE GILCHRIST COUNTY BOARD OF COUNTY

COMMISSIONERS RELATING TO THE UTILIZATION OF LAW EN-

FORCEMENT TRUST FUND MONIES.



WHEREAS, the Sheriff of Gilchrist County is the recipient of substantial funds from forfeitures on both a State and Federal level; and



WHEREAS, the Sheriff has proposed, and the Board of County Commissioners has accepted, a proposal for the utilization of the Law Enforcement Trust Fund monies for the construction, expansion, improvement, equipping, furnishing, and initial year operation of the County Law Enforcement Complex; and



WHEREAS, the Sheriff and the Gilchrist County Board of County Commissioners has requested special legislation to allow the funds of the Gilchrist County Law Enforcement Trust Fund to be utilized for said purposes;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Florida Legislature be, and is hereby, requested to enact special legislation in the form and content generally as attached hereto, and incorporated herein by reference.



THIS RESOLUTION passed this 7th day of April, 1997 after pubic hearing thereon.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joe Gilliam, Clerk /s/Sue B. Suggs, Chair



W. W. Welch:



Mr. Welch spoke to the Board about the need for increasing staff in his office. According to Mr. Welch, during the last 24 years, he has only increased his staffing level by 1 1/2 positions. He distributed a chart showing the increase in work load based on increased sales. Mr. Gilliam stated that there are line items within general fund where monies could be transferred to fund this position. According to Mr. Welch, it will take about $15,000 total to fund this position for six months (this figure includes fringe benefits). Commissioner Bush made a motion, seconded by Commissioner Durden to approve the establishment of another position in the Tax Collector's office and to transfer funds within general fund to Mr. Welch's budget. The motion carried unanimously.



Clerk's Report:



Mr. Gilliam reported that he has received a response back from the agency that conducted the assessment of the courthouse building, in regards to indoor air quality. Reports indicate a slightly elevated carbon dioxide level, but that was the only significant finding. It was recommended that the air conditioning vents be cleaned more often and there is a need for increased fresh air return.



Mr. Gilliam received the audits and distributed copies to the Board. There were no significant findings and the overall report was satisfactory.



Public Hearing- County Inmate Gain Time:



Mr. Burt presented an ordinance for the Board's consideration, which would allow for additional gain time for county inmates, as an incentive to participate in work programs. This gain time would be in addition to what the state allows. Commissioner Bush made a motion to deny the ordinance. The motion was seconded by Commissioner Sheffield and unanimously approved.



Clerk's Report (cont.):



Mr. Gilliam presented a letter of participation agreement for the Board's approval for the Drug Eradication Grant. Commissioner Sheffield made a motion, seconded by Commissioner Durden to authorize the Chair to sign the participation letter. The motion carried unanimously.



Mr. Gilliam distributed a report on the revenues received for the first 6 months of the fiscal year. The report shows a total of 47% revenues collected over all funds. This report does not include carry-overs. The expense report indicates a total expenditure of 49% for all budgets. The Board complimented Mr. Gilliam's report and asked that he present the information on a quarterly basis.



Public Hearing- Ordinance for Combat Automobile Theft Program:



Mr. Burt presented an ordinance for the Board's consideration, which would establish a "Combat Automobile Theft" program. This program would allow people to register their vehicles with the Sheriff's Department. They would be given a decal, authorizing their vehicle to be stopped after a certain time in order to determine if the vehicle is stolen. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to adopt the ordinance. The motion carried unanimously.



ORDINANCE 97-03



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

GILCHRIST COUNTY, FLORIDA, RELATING TO MOTOR VEHICLES;

ESTABLISHING THE "COMBAT AUTOMOBILE THEFT" PROGRAM AS

AUTHORIZED UNDER THE FLORIDA UNIFORM TRAFFIC CONTROL

LAW; PROVIDING FOR APPLICABILITY WITHIN THE UNINCOR-

PORATED AREA OF GILCHRIST COUNTY; PROVIDING FOR ADMIN-

ISTRATION OF THE PROGRAM; PROVIDING FOR NO CIVIL

LIABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR

INCLUSION IN THE CODE; PROVIDING A REPEALING CLAUSE;

PROVIDING AN EFFECTIVE DATE.



WHEREAS, Section 316.08, Florida Statutes, which is part of the Florida Uniform Traffic Control Law, authorizes Florida counties and municipalities to enact ordinances to establish "Combat Automobile Theft" (CAT) programs whereby motor vehicle owners may enroll their vehicles and give written consent to law enforcement officers to stop the enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly displayed in the lower left corner of the enrolled vehicle's rear window; and



WHEREAS, the statute authorizes the counties and municipalities to provide that the vehicle owners are responsible for removing the CAT decals when terminating participation or selling or otherwise transferring ownership of an enrolled vehicle, and provides immunity form civil liability for law enforcement officers who stop enrolled vehicles in accordance with program requirements; and



WHEREAS, the Sheriff of Gilchrist County and the Board of County Commissioners have determined that the CAT program should be established in Gilchrist County with the Sheriff administering such program;



NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Gilchrist County, Florida:



Section 1: Establishment of Combat Auto Theft Program. Pursuant to Section 316.008, Florida Statutes, there is hereby established within the unincorporated area of Gilchrist County, Florida, a Combat Auto Theft Program (CAT). The Sheriff of Gilchrist County shall be responsible for the administration of the program. The program shall include:



(a) Consent forms, to be executed by motor vehicle owners who enroll vehicles in the program.



(b) CAT program decals, which conform to the specifications, colors and design of the uniform CAT decal established by the Florida Department of Law Enforcement for use throughout the State.



(c) All other provisions of the "Combat Automobile Theft" program as provided from the Florida Uniform Traffic Control Law.



Section 2. No Civil Liability. As provided in Section 316.008(6), Florida Statutes, no civil liabilities shall arise from the actions of a law enforcement officer when stopping a vehicle with a decal evidencing enrollment in the CAT program when the driver is not enrolled in the CAT program, provided that the stop is made in accordance with the requirements of the CAT program.



Section 3. Severability. It is the declared intent of the Board of County Commissioners that, if any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining portions of this ordinance.



Section 4. Inclusion in Code. It is the intention of the Board of County Commissioners of Gilchrist County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Laws and Ordinances of Gilchrist County, Florida, that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" may be changed to "section", "article", or such other appropriate designation.



Section 5. Repealing Clause. All ordinances or portions thereof in conflict herewith are, to the extent of such conflict, hereby repealed.



Section 6. Effective Date. 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 Clerk of the Board of County Commissioners, and shall take effect upon being filed with the Department of State.



DULY ADOPTED in regular session, this 7th day of April, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Clerk's Report (cont.):



Mr. Gilliam has received notification that Alachua County reduced their tipping fees by $5.00 per ton, effective April 1, 1997.



The Department of Environmental of Protection has notified the County that they have reviewed the financial assurance for the Gilchrist County Landfill and find it acceptable.



The state Department of Revenue has notified the county that they are proposing raises for state employees at the rate of $1000 or 3%, whichever is greatest. The Board advised Mr. Gilliam to proceed with that percentage for budgetary purposes.



Chairman Suggs led a discussion regarding proposed legislation which would place EMT's and Paramedics in the high risk category for retirement benefits. The House has passed a bill for the last three years in a row however, it has died in the Senate each year. Commissioner Durden made a motion, seconded by Commissioner Sheffield to adopt a resolution supporting this proposal. The motion carried unanimously.



RESOLUTION 97-24



A RESOLUTION IN FAVOR OF HOUSE BILL 123 AND SENATE BILL

164



WHEREAS, House Bill 123 and Senate Bill 164 have been filed in an effort to expand the special risk class of the Florida Retirement System (FRS) to include certified paramedics and EMTs, meaning increased benefits for paramedics and EMTs who are members of the FRS; and



WHEREAS, employers would be required to pay an additional 9.93 percent of the salary for each affected employee; and



WHEREAS, certified paramedics and EMTs would have to be included or the entire class would be eliminated; and



WHEREAS, House Bill 123 appears to grant a benefit to a deserving group who should be given special attention;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that Gilchrist County go on record in favor of House Bill 123 and Senate Bill 164, as proposed.



RESOLVED this 7th day of April, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Mr. Gilliam stated that the county has received a request from Suwannee County Board of County Commissioners to change a word in the state song, eliminating the word "darkeys", replacing the word "hands" or "old timers". Commissioner Durden made a motion, seconded by Commissioner Sheffield, to leave the song as it is, by resolution. The motion carried unanimously.



RESOLUTION 97-25



WHEREAS, because of one word, another movement is being made to enact legislation replacing "Old Folks at Home", also known as "Suwannee River", as Florida's official state song; and



WHEREAS, on July 21, 1821, long before Stephen Foster in 1851 immortalized Suwannee River in a song that inspired generations of people world-wide, Suwannee River was already a monumental historical landmark as Florida's first official line established by the legislature and governor in the process of creating the first two counties. The first two counties of Florida were Escambia, west of the Suwannee River, and St. Johns lying east of the Suwannee River; and



WHEREAS, the Suwannee River is now a boundary line for the counties of Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, and Suwannee; and



WHEREAS, the people of Florida have recognized and enjoyed the great assets of "Old Folks at Home", also known as "Suwannee River", as our official state song since 1935; and



WHEREAS, Stephen Foster is a notable writer, creating a song that has been recognized as a song of historical significance for 147 years; and



WHEREAS, the Constitution of the United States of America was adopted in 1776, long before Stephen Foster wrote the song "Old Folks at Home", also known as "Suwannee River"; and



WHEREAS, the Constitution of the United States of America affords each citizen freedom of speech and press, including Mr. Foster; and



WHEREAS, the interpretation of any written document, be it verse, song, proclamation, essay, etc., is subjective to each individual reader; and



WHEREAS, this Board does not feel that it is the responsibility of county and state elected officials to censor verse, song, proclamation, essay, or any other historical document;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners to urge the Florida Legislature to keep "Old Folks at Home", also known as "Suwannee River" as Florida's official state song, as it was originally written by Stephen Foster.



BE IT FURTHER RESOLVED that a copy of this resolution be furnished to Gilchrist County's legislative delegation and to Honorable Lawton Chiles, Govenor of the State of Florida.



ADOPTED this 7th day of April, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

/s/Joe Gilliam, Clerk /s/Sue B. Suggs, Chair





Public Hearing- Ordinance Amending the Special Assessment Exemption Deadline:



Following discussion Commissioner Bush made a motion, seconded by Commissioner Sheffield, to establish a deadline for residents to apply for a hardship exemption from special assessments by ordinance. The motion carried unanimously.



ORDINANCE 97-04



AN ORDINANCE AMENDING A PORTION OF ORDINANCE NO. 94-008,

AN ORDINANCE RELATING TO THE PROVISION OF PUBLIC SERVICES

AND FACILITIES IN GILCHRIST COUNTY, FLORIDA; AUTHORIZING

THE IMPOSITION AND COLLECTION OF SERVICE ASSESSMENTS

AGAINST PROPERTY WITHIN BOTH THE INCORPORATED AND UNIN-

CORPORATED AREAS OF GILCHRIST COUNTY BY AMENDING SECTION

2.13 ENTITLED "HARDSHIP ASSISTANCE" BY AMENDING THE TITLE

TO SECTION 2.13 TO READ "HARDSHIP ASSISTANCE AND EXEMPTION"

AND BY AMENDING SECTION 2.13(B); PROVIDING FOR SEVERABILITY

PROVIDING FOR AN EFFECTIVE DATE.



NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Gilchrist County, Florida:



Article 1: Finding. It is hereby ascertained, determined and declared that:



A. Pursuant to Article VIII, Section 1 of the Florida Constitution and Section 125.01 and 125.66, Florida Statutes, the Board has all powers of local self government to perform county functions and to render services in a manner not inconsistent with law and such power may be exercised by the enactment of county ordinances.



B. Pursuant to the powers granted by law to the Board, the Gilchrist County Board of County Commissioners enacted Ordinance No. 94-08 on August 9, 1994.



C. The Board of County Commissioners deem it in the public interest that Section 2.13 entitled "Hardship Assistance" be amended to extend the deadline for filing applications for hardship assistance and for exemption.



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



Section 1: Section 2.13 entitled "Hardship Assistance" is hereby modified to read as follows:



Section 2.13. Hardship Assistance and Exemptions.



Exemptions.



A. An owner of assessable property who meets poverty level income and asset guidelines utilized by the County in the administration of its social service program shall be eligible to be received payment of a service assessment by the County. The County, by resolution, may also adopt certain exemptions from application of the service assessment. The Board, from time to time, shall adopt by separate resolution, guidelines and directives to the assessment coordinator or other designated county employee, for the administration of hardship assistance and exemptions authorized by this section. Applicants for this hardship assistance for exemptions shall be paid by the county from funds other than those generated by service assessments.



B. Any request for hardship assistance or an exemption shall be filed with the assessment coordinator prior to March 31 of the year following the date of assessment. Failure to file such request within the time permitted shall constitute a waiver of such right.



Section 2. Severability. It is the declared intent of the Board of County Commissioners that, if any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining portions of this ordinance.



Section 3. Effective Date. 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 Clerk of the Board of County Commissioners, and shall take effect upon being filed with the Department of State.



DULY ADOPTED in regular session, this 7th day of April, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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





Jim LaRue- Technical Assistance Program:



Mr. LaRue stated that he was here today to see if there is anything the Small Counties Foundation's Technical Assistance program can do to assist the county. The county's computers are an issue that needs to be evaluated, along with support for the programs being used. According to Mr. LaRue, Alachua County has someone who can check the computers to determine if they will be year 2000 compliant, free of charge. Mr. LaRue introduced Mindy Collier, who is a grants specialist. Ms. Collier offered her services in writing grant applications, as well as follow-up, if successful, and compliance monitoring. Ms. Collier asked the Board to identify their grant needs to her; she works with state and federal grants, and keeps track of legislation regarding grants.



Denis Riordan- Gilchrist Development Authority:



Mr. Riordan spoke to the Board about the IDA's original mission, which was predicated on the previous language of growth & development, however, the Land Development Regulations supersede that mission and they don't want to duplicate any organization's efforts. Chairman Suggs stated she would like the GDA to act as a clearinghouse for new businesses and industries. The Board has previously asked for the GDA and Chamber of Commerce to report their activities on a quarterly basis. The county also needs a sources of revenue that will be reoccurring. According to Mr. Riordan, the GDA is receiving good leads from Enterprise Florida for possible new businesses and industries. One problem the county faces is a lack of commercial property designations on the county's official land use map.



Sheriff David Turner:



Sheriff Turner presented the Board with a check for over $2000 from the sale of used tower sections located inside of the compound, and accumulated retirement contributions. He requested the Board return it to his budget. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to return the $2645.03 to the Sheriff's budget. The motion carried unanimously.



Sheriff Turner presented a requisition for $1000 from the state Law Enforcement Trust Fund, along with two checks made payable to Trenton High School and Bell High School for $500 each. These funds are to be used for the Prom Promise Program. Commissioner Durden made a motion, seconded by Commissioner Bush, to approve the request. The motion carried unanimously.



The Board advised Sheriff Turner that they did not adopt an ordinance prohibiting smoking near school properties. The Board stated that they do not want to regulate smoking and both schools in the county are within the city limits of Bell and Trenton. The Board suggested that he talk to the respective town councils.



Clerks' Report (cont.):



Mr. Gilliam received two opinion letters regarding the expenditures of Law Enforcement Trust Fund monies. At the end of the fiscal year, the auditors will audit that fund (Federal) and it does not need the Board's approval. There are copies of that budget in the Board's agenda package.



Gerald Roberts:



Mr. Roberts spoke to the Board about the use of portable toilets at construction sites. The Board took action to assure Mr. Roberts in January that this would be enforced, however, it is not. According to Mr. Roberts, there are several sites that currently do not have portable toilets. Several Board members stated that they will get with Mr. Rehberg and find out why it is not being enforced. Following discussion, Commissioner Durden made a motion, seconded by Commissioner Sheffield, to place a portable toilet at the rock pit. The motion carried unanimously.



Clerk's Report (cont.):



The Board asked Mr. Gilliam to place occupational licenses and impact fees on the agenda for the first meeting in May, along with term limits for appointed boards, as a discussion item.



The Clerk remitted $13,611.42 to the Board in fees, for the month of February 1997.



Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Durden to approve the annual audit report. The motion carried unanimously.



Mr. Burt stated that tonight will be the first public hearing on the proposed ordinance for the imposition of a moratorium, restricting certain land uses. Mr. Burt stated that he will ask Mr. McQueen some specific questions and issues need to be kept as specific as possible.



Park Advisory Board:



Mr. Zeigler, Hart Springs Park manager, was in attendance, and Chairman Suggs asked Mr. Zeigler how he felt about the Park Board's capacity. Mr. Zeigler stated that he appreciates the Park Advisory Board's assistance. Some of the commissioners expressed that they do not feel that the Advisory Board should be involved in a daily capacity. The Board expressed their pleasure with Mr. Zeigler's work at the park. Mr. Eudell Parrish, Park Advisory member, does not feel the need to have an advisory board since the advisory board does not have any authority. Commissioner Bush made a motion, seconded by Commissioner Durden, to table further discussion, until the 21st of April, since two advisory board members are absent. The motion carried unanimously.



Chairman Suggs spoke to Mr. Zeigler about a bill for a fence around the manager's mobile home. Chairman Suggs stated that she does not feel that the fence should be paid for by county funds. Following discussion, Commissioner Bush made a motion, seconded by Commissioner Sheffield to pay for the fence. Commissioner Durden voted in favor of the motion and Chairman Suggs voted in opposition. Rayanne Ferguson, county resident, asked if the fence should have been put up without Board approval. Chairman Suggs stated that Mr. McQueen has authority to approve purchase orders for Mr. Zeigler and according to the county's procurement policy, department heads may spend up to $2000 without Board approval.



Public Hearing- Land Development Regulations Text Amendments:



Mr. McQueen presented a proposed ordinance, which would amend the Land Development Regulations, to allow for the division of a parent tract parcel five times with no more than two being less than five acres; defining subdivisions and parent tracts. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the amendment, by ordinance. The motion carried unanimously. A copy of this ordinance (97-05) is attached hereto and made a permanent part of these minutes.



Mr. McQueen presented a proposed ordinance, which would amend the Land Development Regulations, defining the standards for location of used mobile homes. Commissioner Bush made a motion, seconded by Commissioner Durden, to approve the amendment, by ordinance. The motion carried unanimously. A copy of this ordinance (97-06) is attached hereto and made a permanent part of these minutes.



Mr. McQueen presented a proposed ordinance, which would amend the Land Development Regulations, by deleting Item 8 concerning certain permitted uses which are not open to the public. Following discussion, Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the amendment, by ordinance. The motion carried unanimously. A copy of this ordinance (97-07) is attached hereto and made a permanent part of these minutes.



Mr. McQueen presented a proposed ordinance, which would amend the Land Development Regulations, section 4.5.2, entitled permitted principal uses and structures (agriculture districts) to revise item 9 (to become item 8) concerning permitted uses in A-6 districts. Following discussion, Commissioner Durden made a motion, seconded by Commissioner Bush to approve the amendment by ordinance. The motion carried unanimously. A copy of this ordinance (97-08) is attached hereto and made a permanent part of these minutes.



Mr. McQueen presented a proposed ordinance, which would amend the Land Development Regulations, section 14.9, special family lot permits. The amendment would establish minimum lot width at 75 feet and division of lots shall be by recorded separate deed.

Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the amendment by ordinance. The motion carried unanimously. A copy of this ordinance (97-09) is attached hereto and made a permanent part of these minutes.



The Board recessed at 5:53 p.m. and reconvened at the Trenton High School Auditorium at 9:12 p.m. All members of the Board were present with the exception of Commissioner Wilkerson.



Public Hearing: Consideration of Language for a Proposed Moratorium:



Chairman Suggs stated that the reason the Board is holding a public hearing is to consider language to declare a temporary moratorium in the unincorporated areas of Gilchrist County for applications and approvals of any land use requiring a permit from the Florida Department of Environmental Protection. The proposed language would establish a moratorium for 180 days, however, the Planning and Zoning Board, in a public hearing this evening, recommended that the proposed moratorium be for a period of one year.



Mr. McQueen read the proposed ordinance aloud. Following the reading, Mr. Burt asked Mr. McQueen if he is familiar with the lands in the county, including natural resources and uses requiring a DEP permit. Mr. McQueen explained that the current procedures for special exceptions require a hearing before the Planning and Zoning Board and they make the final decision. The Planning and Zoning Board recommends that this procedure change to a two step process, with the Planning and Zoning Board making a recommendation to the Board of County Commissioners for a final decision. The moratorium would not apply to single family land uses and agricultural wells.



Mr. David Branson, District Manager of Florida Power, expressed his concern that their customers may be in an area which would require them to obtain a DEP permit and a moratorium would limit their potential to provide service.



Mr. Duncan Jones, attorney representing the group P.O.W.E.R. stated that existing projects could be exempted and language could be added that would exempt certain projects.



Jackie Barron spoke to the Board, stating that he has no problem with a moratorium, but feels that 12 months is too long. He also asked what the time frame would be for a two step approval process to be established.



Mr. Burt replied that there is a ten day notice for public hearings, and the comprehensive plan amendment for the two tier approval process could take six to eight months.



Mr. Barron stated that a 12 month moratorium could send a message that the county does not want economic development for 12 months.



Several residents in attendance spoke in opposition of the proposed landfill and in favor of the moratorium. Mr. Bill Suggs asked the Board members if they are familiar with DEP's team permitting process. Each Board member stated that they are not familiar with the process and have not been included in any such process to date.



Mr. Burt stated that there is a site visit planned tomorrow, with representatives from DEP and that Chairman Suggs had been invited, along with Mr. Feagal, chairman of the Planning and Zoning Board. Mr. Burt recommended that the Board appoint someone from their staff to attend the meeting, however, he cautions that Board members should not attend because they will ultimately be making a decision on the issue, should an application be filed. Earlier today, the Board appointed Mr. McQueen to be their representative.



Ms. Bonnie Keiser stated that she lives near the proposed Watson Dairy site and is concerned about possible groundwater contamination. Chairman Suggs stated that the county will have their engineer review the application.



Mr. Duncan Jones stated that it is his understanding that the application for a dairy had been withdrawn. Mr. McQueen replied that the application was incomplete and more information is needed, however, the initial application was filed prior to the date that the Board began discussing a moratorium. It is his understanding that the dairy application will be heard and considered under the old guidelines.



Commissioner Durden informed those in attendance that the Board voted earlier in the day to hold two commission meetings each month to allow for more public access. The Board will continue to meet the first Monday of each month from 9:00 a.m. to 5:00 p.m. On the third Monday of the month, the Board will meet from 5:00 p.m. to 9:00 p.m.



Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the proposed language, with revisions to include a two step permit approval process and extending the moratorium to 365 days, setting a public hearing to adopt by ordinance on April 28, 1997, at 7:00 p.m., in the Trenton High School Auditorium. The motion carried unanimously.



There being no further business to discuss, a motion to adjourn at 10:30 p.m. was made by Commissioner Durden, seconded by Commissioner Sheffield, and unanimously approved.



APPROVED:







SUE B. SUGGS, CHAIR



ATTEST:







JOSEPH W. GILLIAM, CLERK