The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on May 5, 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

Fred Wilkerson

Other persons in attendance were: Joseph "Joe" Gilliam, Ex-Officio Clerk, Ted Burt, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Deputy Clerk, Tom Pelham, special legal counsel, Forest Beach, Church of Christ representative, Danny Davis and Charles Lindsey, EMS employees, George Cole, Spring Ridge Volunteer Fire Department, George Dull, CDBG recipient, Dick Edwards, CPC, Lester Paulk, CDBG contractor, Jim and Jean Troke, Lamar Hines, Theron Hudson, Jackie Barron, county residents.

Minutes of Meetings:

The minutes of the meetings held March 11th, April 7th, and April 21st, were unanimously approved, following a motion by Commissioner Durden, which was seconded by Commissioner Sheffield. Mr. Gilliam pointed out that on page 14 of the April 7th minutes, it was his intention to state that the state has approved raises for their employees at a rate of 3% or $1000, whichever is greater, however, his statement at that meeting was 3%.

Chairman Suggs asked Mr. Gilliam if a written report has been received regarding the computer survey by Krause. According to Mr. Gilliam, Krause is waiting for information from his office, in order to complete the report, and the information was faxed to them late last week.


Commissioner Sheffield asked why some of the county departments have bottled water and some do not. There was previous discussion about this topic, according to Mr. McQueen. Currently, the road department and EMS department use bottled water. The Clerk's office also has bottled water in the main office as well as the Finance office. Commissioner Sheffield commented that he is opposed to using taxpayers dollars to provide bottled water to county employees, and made a motion to discontinue paying for bottled water for board departments, except at places where there is no public water supply or potable water, and to discontinue funding to constitutional officers for bottled water. The motion was seconded by Commissioner Durden. Commissioners Wilkerson and Suggs voted in favor of the motion and Commissioner Bush voted in opposition. The motion passed by split vote.

The Board unanimously approved payment of the bills submitted, following a motion by Commissioner Durden, which was seconded by Commissioner Sheffield.

Commissioner Sheffield asked about a color t.v. and VCR purchased for the Solid Waste Department. Mr. McQueen explained that they have to provide a training program for people/organizations interested in the Adopt-A-Road program. The t.v., VCR and Adopt-A-Road signs were all purchased through the Adopt-A-Road grant.

Budget entries:

The Board unanimously approved budget entries 97072-97082, following a motion by Commissioner Durden, which was seconded by Commissioner Sheffield.

Discussion of Committee Assignments:

Commissioner Sheffield commented that he was assigned to be the designated commissioner for EMS and fire services, and asked if he could visit those departments at any time. Chairman Suggs stated that it is her opinion that he could, and that he may wish to ride with those departments from time to time. Mr. McQueen stated that a good assignment for the committees would be to work with the departments in developing a budget. Commissioner Sheffield feels that the departments will function better if they know they have a commissioner they can go to with their concerns. Chairman Suggs asked if any board members have a question about their assignments, and stated that the committees will rotate each October, however, since the assignments are new, they will not rotate this October. Commissioner Durden made a motion to approve the assignments. The motion was seconded by Commissioner Wilkerson, and unanimously approved. Chairman Suggs added that some department heads have indicated that they have a hard time getting to Mr. McQueen and discussing their concerns.

George Dull- CDBG recipient:

Mr. George Dull, CDBG recipient appeared before the Board to voice his complaints about the work he received on his mobile home through the CDBG program. According to Mr. Dull, the program spent $14,712 on a 24 year old mobile home. Mr. Dull stated that some of the work that was bid was not done and some was done in a very poor manner. He added that he feels the county was overcharged. Mr. McQueen stated that Mr. Edwards, and the contractor, Mr. Paulk are expected to be here at 11:30, and suggests that the discussion be delayed until that time.

Tom Pelham- Special Legal Counsel:

Mr. Pelham stated that after reviewing the county's Land Development Regulations and Comprehensive Plan, he reviewed the draft moratorium ordinance and drafted a new proposed ordinance, which he distributed to the Board. He discovered the previous moratorium ordinance contained a number of potential legal problems, because it was over broad and applied to any use of any kind, which would require a permit from DEP. With the previous moratorium, many land uses could not be applied for that the county has not indicated they would have a problem with but the moratorium would prevent the application. The new proposed ordinance would focus upon specific land uses which creates a problem or concern, such as solid waste facilities, cellular towers and dairy farms. In reviewing the comprehensive plan, regarding solid waste facilities, in addition to addressing inadequate standards, the plan refers to solid waste facilities in some places and the use of public facilities and services, which includes solid waste facilities in other places. The current plan would allow public facilities in areas where the county would not want them to be placed. The process will move forward to amend the comprehensive plan. The moratorium would not apply to any applications filed before March 3, 1997. The new proposed moratorium ordinance will be advertised and two public hearings will be held. The two tier approval process for special exceptions and special permits will require an amendment to the Land Development Regulations. Work on the LDR amendments can be started immediately. Chairman Suggs asked if someone has a problem with a decision made by the Board of Adjustment, could the issue come before the Board of County Commissioners, instead of the appellate court. Mr. Pelham replied that it could come before the Board. Jackie Barron stated that he finds it odd that the plan was approved by DCA when Mr. Pelham was secretary of DCA, and he finds now that there are inadequacies with the plan and reminded the Board that the plan is scheduled for review in 1998. Mr. Pelham replied that the state law set standards for preparing the comprehensive plan, however, it did not preclude local governments from going beyond those standards. Because it was approved, that does not mean that those standards will meet with current issues, such as solid waste facilities. When asked about the length of the plan amendment process, Mr. Pelham stated that it could take more than a year, however, it could involve less than a year. The new draft of the proposed moratorium ordinance indicates that the moratorium will be in effect for one year from the date that the ordinance is adopted, and further states that it will not affect any applications filed prior to March 3, 1997. Chairman Suggs stated that USA Waste has requested an informational workshop with the Board and asked Mr. Pelham if the Board could set a workshop with USA Waste in regards to hearing about their company and still have the issue come before them. Mr. Pelham stated that it would be very important that the Board and individual members refrain from making any decisions so that they are not in the position of being accused of have a predetermined position. He questions the purpose of holding a workshop for the Board to hear about who the company is, what their operations are about, etc., when no application or site specific proposal has been filed, however, it could be done, but he advises the Board not to put themselves in a position to discuss specific site locations prior to the application being filed. Mr. Barron stated that they have no desire to discuss specific site locations prior to filing an application. They only want to provide information about their company and how they operate, as well as provide information about their operations in other locations. Mr. Barron added that the company would be willing to provide Mr. Pelham the information prior to the workshop, for his review. Mr. Pelham stated that he does not see a problem with that type of workshop, but cautions the Board not to make any public statements that would give the impression that they have already formed an opinion either as a Board or individually. Commissioner Sheffield commented that the Board members should not ask any questions at the workshop, adding that he feels certain the public will have many questions and comments. Mr. Pelham agrees that just listening would be appropriate. When asked if members of the Board's staff could coordinate the workshop, Mr. Pelham replied that such a format could be done with Board members sitting in the audience, along with the public. Mr. McQueen stated that the Department of Environmental Protection has offered to hold a workshop regarding team permitting. The Board agreed to set a tentative workshop date of May 19, 1997.

Following discussion Commissioner Durden made a motion, seconded by Commissioner Sheffield, to authorize Mr. Pelham to meet with the Planning Council to begin the process of amending the LDR's and Comprehensive Plan, to allow for a two tier approval process on issues such as special exceptions and special permits, without regard to whether DEP permits are required. The motion carried unanimously.

Commissioner Durden made a motion, seconded by Commissioner Wilkerson to authorize Mr. Pelham to advertised the proposed moratorium ordinance for a first reading on 5-19-97, if possible, and to meet with the Planning Council if the 19th is not possible, to establish a date as soon after the 19th as feasible. The motion carried unanimously. Commissioner Durden made a motion, seconded by Commissioner Bush, to move expeditiously to meet with the Board, Planning Council and staff to begin the Plan amendments. The motion carried unanimously.

Attorney's Report:

Mr. Burt stated that the recently adopted ordinance, which amends the solid waste special assessment exemption deadline, only applies to hardship cases. The deadline to apply for hardship exemptions is now March 31st of each year. If the Board wants to include the other exemptions (storage, vacant building, medical) for the March 31st deadline, he suggests that it be done when the Board adopts its annual resolutions, during the budget process.

Mr. Burt stated that if the Board wishes to increase the impact fees for capital road improvements, there are certain criteria that the Board should consider, such as the number and length of new paved roads, the cost per mile, the anticipated population increase, the average miles per gallon and gas tax. Mr. Burt suggests that the Board delay any decision regarding an increase to the impact fees, until a new attorney is retained. He or she would need to be involved in the methodology, because that person may have to defend the methodology if challenged. The Board asked Mr. McQueen to have Ms. Strickland put together an estimate of the number of people moving into the county, based on impact fees collected and building permits issued.

CDBG Report/George Dull:

Mr. Edwards stated that he understands that the leak under the trailer and the well are the main issues concerning Mr. Dull. Chairman Suggs stated that there are several discrepancies in the work order and the work that was performed. She questioned why $700 was charged for a smoke alarm. According to Mr. Paulk, contractor, the charge for the smoke alarm also included other electrical work. Chairman Suggs asked why 3/8th's plywood was used to replace the floor when the work order called for 5/8th's. Mr. Paulk replied that since it is a mobile home, you don't need to use anything over 3/8th's because anything thicker does not blend in with the remaining flooring. Mr. Paulk added that he has not received any calls from Mr. Dull, Mr. Edwards or Mr. McQueen in regards to any complaints. Mr. Paulk stated that Mr. Dull has received more work than any other client he has worked for and expects more and more. Mr. Paulk suggested that the building inspector go check the work to see if it is acceptable. Chairman Suggs asked if anyone had inspected the work thus far. Mr. McQueen stated that he inspected this job for Mr. Rehberg because he was absent. At that time, Mr. McQueen stated, Mr. Dull was satisfied. Mr. Burt recommended that Mr. Dull and Mr. Paulk try to work out the differences if possible. If not, the CDBG Committee should review the situation, as outlined in the appeals process. There followed discussion regarding Mr. Dull's well. Currently, the water is not potable. The problem may be solved if a chlorinator is installed, however, Mr. Dull has indicated that he will not be happy until he receives a new well. According to Mr. Edwards, funds are available within CDBG to drill a new well for Mr. Dull and to correct the well problems for the Varieka's neighbors. The Board agreed to wait until the 19th of May to open the bids on the Osteen, Covington and Bailey jobs.

Attorney's Report:

Mr. Burt distributed a copy of the publication for the request for attorney services for conflict cases, which designates Mr. McQueen as the contact person. Proposals will be received and available for review for the first meeting in June. These attorney services are needed if the Public Defender's office has a conflict with an assigned case; the court appoints another attorney and currently, fees are based on the administrative order. This proposes that the county contract with attorneys to handle those cases for a certain amount per case. Alachua County currently contracts for $450 per case.

Mr. Burt stated that he did not write a letter to the McClouds, because that could be construed as a conflict of interest, since it is a land issue. He added that he asked Mr. McQueen to send them a letter.

The Board recessed for lunch at 11:45 a.m. and reconvened at 1:15 p.m.

Clerk's Report:

According to Mr. Gilliam, there are several areas in the general revenue where funds are currently short. In department 110, funds are needed for fuel and oil, since the Board has acquired a surplus vehicle from the Sheriff's Department for travel. Chairman Suggs explained that the Sheriff has recently transferred a 1990 Chevy Corsica to the Board. In addition, there are no funds budgeted for Mr. Pelham's fees, and Mr. Gilliam feels that a portion of those charges could be paid by solid waste. Mr. Gilliam stated that there is about $3600 left in machinery & equipment and $4334 for MIS director services, which could be utilized, within department 110. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to authorize the clerk to move funds within the departments and within the limitations of the budget, providing that the transfer is approved by the Clerk, Mr. McQueen, and the Committee Commissioner for that department. The motion carried unanimously.

Attorney's Report (cont.):

Mr. Burt announced that he has received a letter from the labor attorney, advising the Board that they do not need to hear the EMS employee issue today, since it is a union issue. The employee, Mr. Lindsey, needs to file his grievance in writing, and a hearing could possibly be set for the next meeting. According to Commissioner Wilkerson, Mr. Lindsey is expecting to speak to the Board today, so he needs to be notified of this new information. According to Mr. Burt, they must follow the policy of the Board in filing a grievance, as well as the union policy and the issue has not been presented in writing.

Mr. Burt stated that the request for proposals for special public defender services is modeled after Alachua County's and will be published locally, as well as in the 8th judicial circuit newsletter and the Gainesville Sun. Mr. Burt asked the Board for authorization to advertise. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to authorize Mr. Burt to advertise for those services. The motion carried unanimously.

Mr. Burt distributed SHIP plan revisions, which he reviewed with Mr. Gilliam and Ms. Pitzarell. This information is simply for their review at this time, as the Affordable Housing Committee would need to approve the amendments prior to the Board's approval.

According to Mr. Burt, occupational licenses can not be increased more than 100% per statute, so the limit would be $20 unless the Board establishes an equity commission and they recommend a rate structure and limitation. Total revenues derived from OCC licenses can not exceed the total of last year's revenues plus 10% and municipalities participate depending upon their population. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to authorize Mr. Burt to advertise an ordinance increasing the OCC license fee to $20. The motion carried unanimously.

Chairman Suggs advised Mr. Burt that the Board accepted his resignation at their last meeting and will advertise for a replacement. Mr. Burt agreed to stay on until the transition occurs. Chairman Suggs suggested that in addition to regular methods of advertisement, the Board should utilize the internet at the library. Commissioner Wilkerson made a motion to advertise the position with a deadline of May 30, 1997. The motion was seconded by Commissioner Durden and unanimously approved.

Mr. Burt stated that his office, Gilchrist Titles will no longer perform title searches since it is a land development issue and potential conflict of interest. He suggested that the Board contact other companies as soon as possible as there are several searches pending and the issuance of building permits is based on the searches.

Clerk's Report (cont.):

There is a need for more funds in general revenue department 1930, other building operations and there are not sufficient funds within that department to move. Apparently, someone backed into the pump at Leggett voting precinct and as a result, there is no water available there. Commissioner Bush suggested that Mr. Lewis install posts around pumps that have no protection. Commissioner Sheffield made a motion, seconded by Commissioner Durden to transfer $1500 from general reserve to other building operations. The motion carried unanimously.

Mr. Gilliam stated that he received an appraisal from Smith's Appraisal on the Church of Christ property across the street. There is a total of 7460 square feet of the buildings combined and the appraisal is $310,000.00. Mr. Forest Beach stated they having a meeting tonight to determine what they want to do with the building. Chairman Suggs asked that he relay their decision to the Board.

Commissioner Bush asked if the Sheriff's committee has looked at another site for the proposed jail construction. Apparently there has been some discussion of possibly selling the current property and purchasing somewhere else, or building at the old site, however, no decision has been made. According to Commissioner Bush, the adjoining land owners would like to have some input.

Clerk's Report (cont.):

The Board asked Mr. Gilliam to find out what the outstanding balance on the Weeks building is for the next meeting.

Mr. Gilliam advised the Board that the agreement for space with the school board expires 4-19-98.

The Clerk remitted a total of $11,701.46, to the Board, for the month of March.

Mr. Gilliam advised the Board that his budget has a shortfall and part of it ($6000) is attributed to the salary paid to him for the period of time he worked in the Clerk's office, prior to officially taking office.

Mr. Gilliam stated that he has received a letter of thanks from the Town of Bell, for the Board's willingness to assist them on improvement for Jones Street, however, they have changed their minds and are no longer considering any work on that street.

Chairman Suggs reminded Mr. Burt to prepare a resolution regarding the conveyance of the firing range property from the Sheriff to the Board, as approved at the 4-21-97 meeting.

The Board agreed to authorize Mr. Gilliam to create new line items within a departmental budget, if funds are available.

EMA/County Coordinator's Report:

Mr. McQueen presented a contract from U.S. Cellular Corporation for the county's use of the radio tower for communications. They need an agreement between the county and themselves, for the use of their site. There are some minor typographical errors, and they ask the Board to approve the contract, subject to the errors being corrected. The cost to the county is one dollar per year. Commissioner Durden made a motion, seconded by Commissioner Bush to approve the contract. The motion carried unanimously.

Mr. McQueen reported that he has received a modification on the grant for his position, which would allow for a carry-forward of a portion of the grant money. If the total grant is not spent during this fiscal year, and if a project is in place, the funds could be carried over. According to Mr. McQueen, the total funding for this grant is up to around $95,000. Some of the larger counties want to revisit the rule and are looking at a cap for smaller counties. It is likely that the definition of full time and the funding formula will be addressed in the near future. Commissioner Sheffield made a motion, seconded by Commissioner Bush to approve the grant modification. The motion carried unanimously.

Robert Moeller spoke to Mr. McQueen and will be here at the next Board meeting to discuss an interlocal agreement and joint resolution regarding greenways. Mr. McQueen distributed a copy of both for the Board's review. Mr. Moeller indicated that he will also request that the county rank the greenways project as their number one priority for ISTEA funds.

Mr. McQueen reported that impact fees are up and 56 total building permits were issued last month.

Mr. McQueen stated that Mr. Welch has two quotes for roll up partitions for his windows. The best quote is from Alachua Aluminum for $2050. The Board asked Mr. McQueen to ask Mr. Welch to talk to the Board about this request.

Mr. McQueen distributed registration information for the Government Technology Conference sponsored by Florida Association of Counties.

Chairman Suggs announced that a statewide water conference will be held in Tampa at the end of June (29-30); they are targeting central Florida's water supply. She added that she will attend the conference and strongly encouraged the other board members to attend. Mr. Gilliam stated that he would like to attend if his schedule will allow.

Mr. McQueen stated that the Community Counseling Center has requested free admission to Hart Springs park for one day per week (not on the weekends) for their staff and clients. For several years, the Board has waived the admission fee for this group and camping is not involved. Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to waive the admission fee to Hart Springs park for the Community Counseling Center's staff and client one day each week during the summer season. The motion carried unanimously. The Board advised Mr. McQueen to have the Center provide the park manager with a list of those attending.

Mr. McQueen stated that Lt. Simmons, from Lancaster, sent a request asking that we consider a solid waste recycling program such as Levy County's program. It would take $20,000 to $30,000 to install a similar sorting arrangement, and the permit with DEP would need to be modified. Commissioner Bush stated he will review their operations with Mr. McQueen and bring back his findings to the board.

The Board asked Mr. McQueen to order a plaque for Lancaster Correctional Institute for their assistance with inmate labor.

The Board briefly discussed a piece of property that has mineral rights, which belongs to Jimmy Shepard and may be suitable for rock. The Board asked Mr. McQueen to get with Mr. Shepard and discuss the possibility of the county purchasing rock.

Commissioner Sheffield asked about the outcome of the complaint received from Mr. Cumbie about a road department employee burying asphalt. Mr. McQueen stated that Mr. Joyner talked to the employee about the situation and the asphalt was removed. Commissioner Durden stated that he spoke to Mr. Joyner and he told him that he advised the employee not to do it again. Commissioner Durden added that about a half ton of asphalt was dug up with a front end loader. There was also an incident that occurred on the Addy Jones road and Commissioner Durden stated that he will meet with Mr. Martin and Mr. McQueen and report his findings and/or actions back to the Board.

The Annual Florida Association of Counties conference will be held in Ft. Lauderdale in June beginning on the 24th. Commissioners Suggs and Durden stated they would like to attend. Commissioner Sheffield stated he may attend as well.

Mr. McQueen stated that the Trokes are here today because they have a client who has purchased some property and have encountered some problems. Apparently, there is a problem with Flying Harness Farms, a platted subdivision, which is near Gil Crest Farms subdivision; when the plat was accepted there was lot 28, lot 23, etc. The owners are deeding those lots less the a number of feet in the southern section, plus a number of feet in the northern section. Some lots less than 5 acres were permitted, and some are being denied at this time, prohibiting the issuance of building permits. Chairman Suggs suggested that Commissioner Wilkerson and Mr. McQueen meet to discuss a possible solution. Mr. McQueen feels a replat is the only solution, since this is a nonconforming lot. John Flemming asked if this will affect him since he already has home there. The Board stated that it would not. The Trokes agreed that they will work with Mr. McQueen to resolve the problem.

Representative JaneGayle Boyd has sent notification that Gilchrist County will receive a little over $40,000 for courthouse renovations for ADA compliance.

The Board unanimously approved EMS write-offs totalling $182,253.00, following a motion by Commissioner Bush, which was seconded by Commissioner Wilkerson. The Board unanimously approved EMS reversals totalling $563.66, following a motion by Commissioner Wilkerson, which was seconded by Commissioner Bush.

Several letters of thanks and appreciation have been received recently for the services rendered by our EMS department. They continue to do an outstanding job.

Mr. Gilliam asked for clarification on transferring funds to pay Mr. Pelham's fees. Chairman Suggs stated she will call Bill Roberts of FAC to see if a portion can paid from solid waste.

Chairman Suggs read a letter from Linda Walker, regarding the structure of the EMS department. Several employees were placed in charge of different areas of the department for a three month trial period, which has expired. This arrangement has worked well and Dr. Cox is in agreement with the proposed reorganization. Following discussion, Commissioner Bush made a motion to table further discussion, until the EMS employee appeal situation is resolved. The motion was seconded by Commissioner Wilkerson. The motion carried unanimously.

New Business:

The Board unanimously approved a budget increase, by resolution, in the amount of $17,904.00 which represents funds received for the 911 enhancement grant, following a motion from Commissioner Sheffield, which was seconded by Commissioner Durden. The motion carried unanimously.




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 Capital Outlay Fund #301 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 $17,904.00 of unanticipated revenues, in the form of a 911 enhancement grant;

NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Capital Outlay Fund #301 is hereby amended in an increased amount of $17,904.

RESOLVED this 5th day of May, 1997.



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

Old Business:

Commissioner Sheffield raised for discussion a previous action taken by the Board. Some time ago, the Board agreed to allow a county resident to cross through the edge of Bossman Turner's Park to access his personal property. It has since come to Commissioner Sheffield's attention that the property owner has access to his property and should not need to cross through the park. By doing so, he has worn the grass down and Commissioner Sheffield asked Mr. McQueen to contact the property owner and find out why he is still using county property.

Mr. McQueen stated that new signs are needed at county parks/boatramps and recommends metal rather than wax because they are more durable.

Mr. Gilliam reported that the outstanding balance on the Weeks Building is $2000.

The question of "what is a residential area" was discussed because signs need to be installed in some places throughout the county. Chairman Suggs asked Commissioner Durden to meet with the road department to define a residential area.

The Board discussed the possibility of placing picnic tables at Ira Bea Oasis, across the grade.

Mr. McQueen reported that the Monsano Company representative came and looked at the areas where they sprayed and agreed that the spraying did not work and they will respray the areas.

Public Participation:

Mr. George Cole asked about animal control because it appears that a lot of strays are dropped off in the Spring Ridge area. Commissioner Sheffield stated that he is meeting with the Sheriff and representatives from the three municipalities, to discuss the issue on June 12th at 7:00 p.m., at the Sheriff's office and invited Mr. Cole to attend.

There being no further business to discuss, Commissioner Sheffield made a motion to adjourn at 4:41 p.m. The motion was seconded by Commissioner Bush and unanimously approved.