MINUTES OF A REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JUNE 16, 1997



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on June 16, 1997, at 5:00 p.m., in the Trenton High School Auditorium, Trenton, Florida, with the following members present to-wit:



Sue B. Suggs, Chair

Wilbur Bush

Jimmie Sheffield

Randy Durden

Fred Wilkerson



Other persons in attendance were: Joseph Gilliam, Clerk of Court, Ted Burt, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell and Sam Ferguson, Deputy Clerks, Scott Koons, North Central Florida Regional Planning Council.



Attorney's Report:



Mr. Burt reported that three attorneys have agreed to provide special public defender services to Gilchrist County at a fee of $407.50 per case. They are Steve Scheck, Steven Bernstein, and Howard Litsky.



Mr. Burt has been in contact with Alachua County about the interlocal hazardous waste agreement for next fiscal year. There are several changes in the contact, including a requirement that the interlocal agreement be recorded in the official records, however, no action by the Board is needed now.



Mr. Burt state that research shows that the county is part owner of the property in Bell where the old scales are located. The scales are also located on property of the Gassett estate.



Public Hearing- Land Development



Mr. Scott Koons, North Central Florida Regional Planning Council, presented ordinances which would amend the county's Land Development Regulations.



Commissioner Durden made a motion, seconded by Commissioner Bush, to adopt Ordinance 97-10, which amends the definitions of subdivisions, dwellings, mobile homes and parent tracts and adds unrecorded subdivisions. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Sheffield made a motion, seconded by Commissioner Durden, to adopt Ordinance 97-11, which amends the LDR's by providing standards for location of used mobile homes. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Durden made a motion, seconded by Commissioner Bush, to adopt Ordinance 97-12, which brings the LDR's in conformance with the Comprehensive Plan in regards to permitted uses not open to the public, section 4.5.2, deleting item 8. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to adopt Ordinance 97-13, which amends the LDR's, Section 4.5.2 to revise item 9 to become item 8. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to adopt Ordinance 97-14, which amends the LDR's, Appendix A, entitled Certificate of Approval by the County Health Department, in regards to septic tanks and drain fields for subdivision plats. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Durden made a motion, seconded by Commissioner Bush, to adopt Ordinance 97-15, which amends the LDR's, Section 14.9 entitled Special Family Lot Permits. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to adopt Ordinance 97-16, which amends the LDR's, regarding maintenance and repair of requirement subdivision improvements. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to adopt Ordinance 97-17, which amends the LDR's, Section 5.26.3.9, entitled Cul-de-sac Streets, changing the requirement for length. The motion carried unanimously. A copy of this ordinance is on file with the Gilchrist County Clerk's Office.



Eddie Colt- Watson C & D Landfill:



Mr. Eddie Colt questioned each commissioner about their knowledge of alleged illegal dumping at the Watson C & D landfill and whether or not they have ever visited the site. Several commissioners stated that they have visited the site, however, no commissioner had any knowledge, other than the allegations implied, that illegal dumping had occurred.



EMA/County Coordinator's Report:



Mr. McQueen presented a purchase order for professional services fees to the Planning Council, in the amount of $4406. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve the purchase order. The motion carried unanimously.



A bill for Apgar & Pelham, special legal counsel, in the amount of $4412.83 was unanimously approved, following a motion by Commissioner Bush, which was seconded by Commissioner Durden.



Mr. McQueen stated that he has received notification from the Department of Environmental Protection that the county's FERDAP grant application has been approved. The grant, in the amount of $100,000 is for improvements at Hart Springs Park, and a letter of acceptance is required by 6-20-97. Commissioner Wilkerson made a motion, seconded by Commissioner Sheffield, to accept the grant. The motion carried unanimously. Mr. McQueen added that he will be attending a grant implementation workshop in Orlando soon.



Mr. McQueen reported that he, Mr. Gilliam and Chairman Suggs met to screen the applications for county attorney. There were a total of six applicants and one withdrew. They narrowed down the pool to two applicants. Chairman Suggs stated that one of the two remaining candidates, Sam Mutch, may drop by this evenings meeting to introduce himself.



Mr. McQueen discussed Animal Control with Commissioner Sheffield. The county is in receipt of a bill from Alachua County for approximately $4000 for their removal of about 400 animals from a residence in Gilchrist County. Chairman Suggs stated that we need to respond to their billing. Commissioner Sheffield stated that it should be the individuals responsibility to pay the bill, not the county. Commissioner Sheffield asked the Board if it is their intention to fund an animal control program. The Board asked Commissioner Sheffield to submit an estimate of what it would cost to establish a program or contract for those services, to be reviewed at a budget workshop.



SRWMD- Jerry Scarborough:



Mr. Jerry Scarborough, Executive Director of the Suwannee River Water Management District, advised the Board that he met with Jim Zeigler, Hart Springs Park manager, regarding the erosion problem near the main boil. They could do a "quick fix" or wait until the swimming season is over and contract with Lee Mills to do a proper job. The District is willing to commit $35,000 to the project. The Board agreed to wait until the season is over.



Candidate for County Attorney- Samuel Mutch:



Mr. Mutch introduced himself to the Board and gave a brief background of his professional career. Mr. Mutch is a partner in the firm Lawrence, Mutch & Tetreault, and their main office is located in Gainesville. They also have offices in Mayo and Keystone Heights. Mr. Mutch stated that if he is hired as county attorney, in addition to his services, the Board would also have access to the services provided by his partners. Mr. Mutch is currently the city attorney for the cities of Micanopy and Keystone Heights and has 23 years experience as an urban planner, in addition to his legal experience. His firm would be willing to provide legal services to the county at the rate of $75 per hour without a retainer, or $1000 retainer per month, plus $75 per hour for additional hours. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to hire Mr. Mutch as county attorney. The motion carried unanimously.



Public Hearing: Ordinance to Establish a Moratorium:



Mr. Pelham, special attorney retained by the Board for land development issues, presented the revised proposed moratorium for the final reading. Chairman Suggs stated that the language in the ordinance excludes septic systems, but does not address dumping stations for RV parks. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to adopt the ordinance. The motion carried unanimously. Commissioner Suggs directed Mr. Pelham and Mr. Mutch to get together on LDR amendments.



Yates-Gooding Funeral Home:



Mr. Paul Ford, Yates-Gooding Funeral Home requested use of the parking area around the courthouse and the triangle area in front of the Sheriff's Department for parking on Saturday, August 2, 1997, for an appreciation day they are organizing at the funeral home. Commissioner Bush made a motion, seconded by Commissioner Durden, to approve the request. The motion carried unanimously.



EMA/County Coordinator's Report (cont.)



Mr. McQueen announced that a public hearing will be held on 6-19-97, at 7:30 p.m., in the courtroom, to consider the application filed by Craig Watson for a dairy.



Mr. McQueen stated that he talked to Dr. Cox, the county's medical director, about the structure and performance of the Emergency Medical Services Department. He later met with Commissioner Sheffield, and Linda Walker, interim supervisor. The Board previously agreed to re-evaluate the department after three months, under its current structural organization. The three month period has passed and Mr. McQueen feels the staff has performed very well and recommends that Linda Walker be appointed to the position of supervisor of that department. Commissioner Sheffield, the commissioner assigned to the EMS department stated that he also feels Ms. Walker should be appointed to that position, and made a motion to promote Ms. Walker to EMS department supervisor, providing for a six months probation period, effective 6-17-97 and salary increase. Commissioner Durden seconded the motion, which was unanimously approved by the Board. Mr. McQueen stated that other employees in the department took on more responsibilities and their salaries should be increased. The Board asked that he and Ms. Walker, along with Commissioner Sheffield, make a recommendation on July 7th in the regards to the other employees' salaries.



Road Department:



Commissioner Durden reported to the Board that he and Mr. Martin, Road Superintendent, have been working together to reorganize that department. It is their opinion that the clerical employee located at the shop is not performing in a productive manner. He spoke to Mr. McQueen about dismissing the employee, Stephanie White, and Mr. McQueen does not share his opinion. Mr. McQueen stated he would rather have her transferred into a temporary position in his office, which would last 4-6 weeks. Chairman Suggs noted that the employee is serving a six months probationary period, and transferring her into another position would automatically extend her employment beyond six months. Mr. Mutch, county attorney, stated that if she is ineffective in one position, she may not be effective for another. He added that if the Board did not specifically extend her probation period, she could assume that she is a permanent employee. Commissioner Durden made a motion to terminate the employee immediately. Commissioner Sheffield seconded the motion, stating that he was never in favor of that position being established. Mr. Mutch interjected that there are two issues at hand; the employee and the position. Commissioner Durden modified his motion to terminate the employee with cause. The motion was seconded by Commissioner Sheffield. Following discussion, the motion passed by split vote with Commissioners Durden, Sheffield, Wilkerson and Suggs voting in favor of the motion and Commissioner Bush voting in opposition. Commissioner Durden made a motion to eliminate the position as currently structured. The motion was seconded by Commissioner Sheffield and unanimously approved.



Mr. McQueen stated that Mr. Zeigler, Hart Springs Park manager spoke to him and Commissioner Wilkerson about a person interested in offering jet ski rentals at the park as a concession. Commissioner Wilkerson advised them that the Board would need to take action. Mr. Mutch stated that litigation involving jet skis has increased and cautioned the Board about being involved in a potential liability situation. Mr. Mutch added that the Board would need to establish policy in a public forum for such an activity. Commissioner Wilkerson made a motion, seconded by Commissioner Bush, to place this item on the July 7th agenda, directing Mr. Mutch to draft such a policy. The motion carried unanimously.



A statewide committee is being established to draft a review process for comprehensive plans. There are four openings on the committee and Mr. McQueen is interested in serving on the committee. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to nominate Mr. McQueen for the committee. The motion carried unanimously.



Clerk's Report:



Mr. Gilliam presented a request from Mr. Harrison, Property Appraiser, to declare a plotter (Drawing Master-E) surplus and transfer the equipment to the School Board. Commissioner Bush made a motion, seconded by Commissioner Wilkerson, to approve the request. The motion carried unanimously.



Mr. Gilliam reported that Mr. Beach advised him that the Church of Christ building is being offered for sale to the county. It has been appraised at $310,000 and they would like to know if the county is seriously considering buying the property. The Board advised Mr. Gilliam that they can not seriously consider purchasing the building until they know the sale price.



The Board unanimously agreed, following a motion from Commissioner Durden, which was seconded by Commissioner Bush, to impose the current gas tax rate and distribution formula for next fiscal year.



Mr. Gilliam stated that the Suwannee River Economic Council has requested the Board provide them with office space that they can use as an in-kind match for a grant. This in-kind match was previously provided to the Tri-County Council for Senior Citizens, however, the SREC has recently become the service provider for those services. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to approve the request. The motion carried unanimously.



Mr. Gilliam presented a budget transfer # 97112 to amend the capital outlay fund, by a loan from solid waste fund. Commissioner Sheffield made a motion, seconded by Commissioner Durden, to amend the fund by resolution. The motion carried unanimously.



RESOLUTION 96-33



A RESOLUTION AMENDING THE CAPITAL OUTLAY FUND # 301 BUDGET

FOR FISCAL YEAR 1996-97.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County 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 $7,800.00 which represents a loan from Solid Waste Fund;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Capital Outlay Fund # 301 budget is hereby amended in an increased amount of $7,800.00.



RESOLVED this 16th day of June, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Mr. Gilliam presented a budget transfer # 97104, which would increase the General Revenue Fund by $12,645.00. Commissioner Durden made a motion, seconded by Commissioner Wilkerson, to amend the fund by resolution. The motion carried unanimously.



RESOLUTION 97-34



A RESOLUTION AMENDING THE GENERAL REVENUE BUDGET FOR

FISCAL YEAR 1996-97.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County General Revenue Fund for Fiscal Year 1996-97; and



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



WHEREAS, the Board of County Commissioners of Gilchrist County have received $12,645.00, which represents $10,000 from insurance for an injured inmate, $1500 from the sale of surplus property, and $1145 from a retirement reimbursement, all remitted to the Board by the Sheriff;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the General Revenue Fund is hereby amended in an increased amount of $12,645.00.



RESOLVED this 16th day of June, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Mr. Gilliam presented budget entry # 97105, which increases the Law Enforcement Trust Fund budget by $500,000. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to approve the increase by resolution. The motion carried unanimously.



RESOLUTION 97-35



A RESOLUTION AMENDING THE LAW ENFORCEMENT TRUST FUND

BUDGET FOR FISCAL YEAR 1996-97.



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



WHEREAS, Gilchrist County did lawfully and appropriately adopt an annual budget for the Gilchrist County Law Enforcement Trust Fund budget 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 $500,000 of unanticipated revenues;



NOW, THEREFORE, BE IT RESOLVED by the Gilchrist County Board of County Commissioners that the Law Enforcement Trust Fund is hereby amended in an increased amount of $500,000.



RESOLVED this 16th day of June, 1997.



BOARD OF COUNTY COMMISSIONERS

ATTEST: GILCHRIST COUNTY, FLORIDA:

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



Mr. Gilliam presented journal entries # 97103, 97110, and 97111 for the Board's consideration. Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to approve the transfers. The motion carried unanimously.



Mr. Gilliam reported that Judge Philman ordered some equipment near the end of last fiscal year (9-96). The equipment did not arrive until the end of December, and the bill was paid from the current fiscal year. This expenditure will cause that line item in the Judge's budget to be short, however, there are funds within the budget that could be transferred. Commissioner Bush made a motion, seconded by Commissioner Wilkerson, to allow the transfer of funds within the Judge's budget to pay the expense. The motion carried unanimously.



Chairman Suggs announced that the moratorium passed earlier this evening was not read by title. She asked Mr. McQueen to read the ordinance by title.







ORDINANCE 97-18



AN ORDINANCE ADOPTING A MORATORIUM ON THE ACCEPTANCE OR

PROCESSING OF APPLICATIONS FOR COMPREHENSIVE PLAN AMEND-

MENTS, SITE-PLAN APPROVALS, APPLICATIONS FOR DEVELOPMENT

ORDERS, APPLICATIONS FOR BUILDING, SPECIAL EXCEPTION, OR

SPECIAL USE PERMITS, OR APPLICATIONS FOR VARIANCES RE-

GARDING THE LOCATION, SITING, INTENSITY, OR DESIGN OF

SOLID WASTE FACILITIES, DAIRY FARMS, AND WIRELESS COMMUNICATION AND CELLULAR TOWERS IN GILCHRIST COUNTY

UNTIL SUCH TIME AS COMPREHENSIVE PLAN AMENDMENTS ARE

ADOPTED AND FOUND IN COMPLIANCE AND IMPLEMENTING LAND

DEVELOPMENT REGULATIONS ARE ADOPTED WHICH ESTABLISH ADEQUATE STANDARDS AND CRITERIA FOR THE LOCATION, SITING,

INTENSITY, AND DESIGN OF SOLID WASTE FACILITIES, DAIRIES,

WIRELESS COMMUNICATION AND CELLULAR TOWERS WITHIN GIL-

CHRIST COUNTY; PROVIDING FOR EXCEPTIONS FROM THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND PROVIDING AN

EFFECTIVE DATE.



Commissioner Durden made a motion to adopt Ordinance 97-18. The motion was seconded by Commissioner Sheffield, and unanimously approved. A copy of this ordinance in its entirety is on file in the Gilchrist County Clerk's Office.



Following discussion, Commissioner Durden made a motion, seconded by Commissioner Sheffield, to authorize Mr. Mutch to work with Mr. Burt to transition files and projects. The motion carried unanimously.



The Board discussed Mr. Edwards performance in regards to the CDBG contract. Commissioner Durden made a motion, seconded by Commissioner Sheffield, to authorize Mr. McQueen to determine whether the contract has been met and impose the proper fine, up to the maximum allowed in the contract against Mr. Edwards, subject to the attorney's review. The motion carried unanimously.



Following discussion, Commissioner Sheffield made a motion, seconded by Commissioner Durden to repair/replace the Beach well, expending up to $1300. Commissioners Wilkerson and Bush voted in favor of the motion and Chairman Suggs abstained, filing Form 8B, Memorandum of Voting Conflict for County Public Officers.



There being no further business to discuss, Commissioner Bush made a motion, seconded by Commissioner Sheffield, to adjourn at 8:55 p.m. The motion carried unanimously.



APPROVED:







SUE B. SUGGS, CHAIR



ATTEST:







JOSEPH "JOE" GILLIAM, CLERK