MINUTES OF REGULAR MEETING OF THE GILCHRIST COUNTY BOARD OF COUNTY COMMISSIONERS HELD JUNE 1, 1998.



The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, held a regular meeting on Monday, June 1, 1998, at 9:00 a.m., in the County Commissioner's Meeting room, located in the Gilchrist County Courthouse, Trenton, Florida, with the following members present to-wit:



Jimmie Sheffield, Chair

Wilbur Bush

Randy Durden

Fred Wilkerson



Others in attendance were: Joseph W. Gilliam, Clerk of Court, Samuel A. Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Deputy Clerk



Mr. Gilliam informed the Board that Commissioner Suggs would not be able to attend the meeting until later today because Mr. Suggs is in the hospital.



Minutes of the meeting held May 4, 1998, were unanimously approved, following a motion by Commissioner Durden, which was seconded by Commissioner Bush. The motion passed unanimously.



Commissioner Bush made a motion, seconded by Commissioner Durden to approve the bills and journal entries numbered 98080, 98082-98086,98088-98091. The motion carried unanimously.



Commissioner Durden made a motion, seconded by Commissioner Bush to approve journal entry 98081 by resolution, amending the general revenue fund by $6,459.00. (the amount of the marine grant for the Sheriff). The motion carried unanimously. A copy of resolution 98-29 is on file in the Clerk's Office.



Attorney's Report:



Mr. Mutch prepared an ordinance, which would reduce the speed limit on two county roads. Commissioner Durden made a motion, seconded by Commissioner Bush, to hold a public hearing to adopt the ordinance on June 15th. The motion passed unanimously.



Mr. Mutch spoke to the Board about some unrecorded subdivisions that were listed as approved in the land development regulations, when in fact, they were not approved by the Board. He would like to discuss it further when Mr. McQueen returns to the meeting. The unapproved unrecorded subdivisions should be removed.



Mr. Mutch reported that the closings on the Prime and Roberts property are moving well.



Mr. Mutch asked for the period of time the lease to the school board for the Walker Curve property should be established. The Board recommended a year to year lease.



Von D. Gragg:



Mr. Gragg is the executive director of the Bread of Life Food Bank of Gainesville. The program began by distributing food to the wives and children of prisoners. Since it's inception, the program has been expanded to serve others as well. Last year, 997,000 pounds of food was distributed. Currently they are serving 8 counties, including Gilchrist County and they would like to find a distribution site in Gilchrist County. All recipients must fall within certain income limits. A non-profit organization, such as a church or community action agency works with the program to organize distributions and share the costs. Mr. Gragg is seeking only a distribution site from the Board. The Board agreed to consider the request and ask Commissioner Suggs to look further into the program and a possible distribution site.



Attorney's Report (cont.):



Mr. Mutch stated that the request for proposals for land use attorney services will appear in the July issue of the Florida Bar News. Following discussion, Commissioner Durden made a motion to terminate the services of Apgar and Pelham. The motion was seconded by Commissioner Wilkerson, and unanimously approved. The Board asked Mr. Mutch if he could represent the Board on land use issues. Mr. Mutch stated that he could; however, the Board would need to hire another attorney to represent and advise the staff during quasi judicial proceedings.



Mr. Mutch reported that he is working on coordinating a workshop with the University of Florida and so far, they have four professors willing to speak on the affects of the dairy industry, nutrient loads and what steps need to be taken to protect the water supply. The presentation will last about two hours.



Commissioner Durden reported that Ginnie Springs hired a hydrologist to perform tests at Craig Watson's dairy site. It is Commissioner Durden's understanding that the results were good. Commissioner Durden asked how the county could be supplied with the information from the various tests being performed. Mr. Mutch stated that the county could intervene and ask for discovery of evidence. This will require the county's involvement during the administration hearing. Commissioner Durden made a motion to become interveners in the Watson Dairy permit case. The motion was seconded by Commissioner Bush and unanimously approved.



Commissioner Wilkerson stated that he recently was informed that Levy County has funds to pay for a portion of the Guardian Ad Litem program here, but the funds must be requested. Mr. Gilliam stated that he would make some inquiries.





Mr. Mutch reviewed the proposed constitutional amendments, which will appear on the November ballot:



Amendment # 1- Historic property taxes and assessments will be based solely on the character and use of the property.



Amendment # 2- Clarifies some language concerning the death penalty, allowing the state to use lethal injection, should the Supreme Court rule electrocution as cruel and unusual punishment.



Amendment # 3- Allows counties and cities to give an additional homestead exemption, not to exceed $25,000 to persons receiving social security benefits or based on household income.



Amendment #4- Allows the recording of official records in branch offices.



Amendment #5- Combines the Game & Fresh Water Fish Commission and Marine Patrol, eliminating the territorial jurisdiction on brackish waters.



Amendment #6- Declares children's education as fundamental in the state.



Amendment #7- Allows local option for selecting judges and funding of state courts; in 1999 or 2000 there will be an election in each circuit and each circuit will determine whether judges are appointed or elected.



Amendment #8- Combines the state comptroller and treasurer into one position and eliminates some positions from the state cabinet (secretary of state and education commissioner).



Amendment #9- Defines a natural person.



Amendment #10- Relates to local and municipal property tax exemptions and citizens access to local officials; affects taxes owned by municipalities; removes restrictions from people lobbying elected officials regarding zoning and quasi judicial proceedings.



Amendment #11- Conforms voting age.



Amendment #12- Relates to firearm purchases, authorizing each county to require criminal checks and purchase regulations.



Amendment #13- Removes gender specific references; allows prison sentences for court marshals.



The Board discussed publishing an article explaining the amendments.



Mr. McQueen discussed a problem with unrecorded subdivisions with Mr. Mutch and the Board. Last year, the Board adopted an ordinance, approving a list of unrecorded subdivisions. This action was taken after the Board physically toured the county (and each subdivision). There were several unrecorded subdivisions that the Board did not approve, however, when the list was sent to the Planning Council, they prepared the ordinance (97-10), including all the unrecorded subdivisions. One of the unapproved unrecorded subdivisions is located near L.V. Carver's property and lots are already being sold. No building permits have been issued for these lots. Mr. Mutch stated that the Board could resolve the problem by adopting another ordinance, correcting the scriveners's error. Each property owner would need to be notified. Commissioner Durden made a motion, seconded by Commissioner Bush to advertise the ordinance to set for public hearing. The motion carried unanimously. Mr. Mutch stated that he would notify the property owners.



Mr. McQueen announced that he is in the process of having Ms. Strickland certified to read building plans and blueprints, which will be a great assistance to the Building Inspector. Mr. McQueen introduced Mr. Luzader to the Board. Mr. Luzader has recently been hired to work in the Building Department.



Clerk's Report:



Mr. Gilliam reported that a bill for an air purifier, paid by the Board, should have been paid by the Clerk and the error will be corrected.



Repair estimates on Mr. Brideson's vehicle totaled $4400. A salvage company has offered between $375-$500. The vehicle could be sold as surplus at the next county auction. According to Mr. McQueen, the vehicle was purchased with state funds and he has requested that the state allow him to purchase another vehicle. They approved the purchase to come out of his grant and any trade-in or resale must be applied to the acquisition of the new vehicle. Mr. McQueen stated that the state Division of Emergency Management is recommending the purchase of a Ford Expedition or a Suburban. Commissioner Durden commented that he does not believe a $30,000 vehicle is necessary. Mr. McQueen recommends a lease purchase agreement, whereby payments could be spread over the course of several fiscal years, with the payments coming from his operations budget. The Board advised Mr. McQueen to continuing looking for a vehicle.



Mr. Gilliam announced that the SHIP program has about $5100 for the remainder of the fiscal year, which can be used for an emergency project. The next funding cycle will begin around October.



Mr. Gilliam updated the Board regarding Internet access, stating they have met with Suwannee Valley Internet. Mr. Ellison is surveying the county departments to determine the number of users and a plan will be provided to the Board.



Mr. Gilliam discussed the upcoming budget process with the Board and it was agreed that the month of July will be used for commissioners to work with their individual departments. The first full board workshop will be August 17th from 1:00 - 5:00 p.m. Other budget workshops were set for August 20th at 5:00 p.m. and August 31st at 5:00 p.m.



Chairman Sheffield appointed Commissioners Suggs, Bush and Durden to serve on the Value Adjustment Board. The VAB meeting was scheduled for 9-15-98 at 9:00 a.m.



Mr. Gilliam will be meeting tomorrow with Wayne Drummond, Ben Barron and Judge Cates to discuss what can be done in order to utilize the second floor.



Mr. Gilliam reported that he has been in contact with another company that is willing to assist the county in securing health insurance bids at no cost to the county. The successful bidder will pay the company.



Mr. Gilliam asked the Board if they are interested in bidding the other insurance coverages, such as property, liability and workers comp. The Board agreed not to bid this year.



The Board recessed for lunch at 12:05 and reconvened at 1:20 p.m.



Lee Mills- County Engineer:



Mr. Mills spoke to the Board about the roads in the county needing paving or repairing. Most of the graded roads need additional right-of-way and many need to be leveled because they have varying elevations. He does not believe there is any base on the roads in the Spring Ridge subdivision. To do surface treatment on limerock roads, it would cost between $35,000-$50,000 per mile. Mr. Mills stated that the county could use milling on CR 232, mixing it with cement for paving. The best way would be to mix it to make a base, thicker through the wet areas and build a road on top of it, however this is also the most expensive method. On CR 232, there are certain areas that are worse than others (the wetter areas). Overlaying CR 232 would only be a short term fix. Mixing and reconstructing through the bad areas could be done, with overlays on the better areas. The Board recommended that Mr. Mills test the road beneath the surface on CR 232. On limerock roads, the county road crew could do some manuel testing of the depth of the limerock. Otter Springs Road, Tom Scott Road, Martini grade, county line road and the landfill roads were the limerock roads identified that need testing. Mr. Mills would like a surveyor to draft a description of the centerline of the roads so that he can draft a description of the entire road and needed right-of-way. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to authorize Mr. Mills to proceed with the testing on the graded roads identified, as well as CR 232. Vote of the Board was unanimous.



EMA/County Coordinator's Report:



Mr. McQueen introduced Al Siferlan, the new park manager. Mr. Siferlan would like to try cleaning the existing carpet, rather than replacing it. The Board previously authorized Mr. McQueen to have Stanley Steamer clean the carpets in the mobile home and deduct the cost from Mr. Ziegler's accrued leave. There are some problems with the wood framing around the windows in the pavilion and they are in the process of painting it this week for the first reunion next Saturday. Mr. McQueen stated they are looking at portable buildings for reunion use. Meridian Health Care has asked to use the park with a waiver of admission fees. Commissioner Bush made a motion, seconded by Commissioner Wilkerson to waive the admission fee for one day each week. The motion passed unanimously. Family passes are being sold at Hart Springs and several county employees have asked that the Board waive the family pass for county employees, as an employee benefit. Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Durden, to recognize a county employee weekend, whereby county employees and their families are allowed entrance to the park at no charge for a weekend (date yet to be determined) only. The motion passed unanimously.



Commissioner Suggs arrived at the meeting at 2:05 p.m.



Mr. McQueen reported that the committee met and determined that the lowest bid submitted for the conveyor belt appears to be adequate for the county's needs. Commissioner Bush made a motion, seconded by Commissioner Durden, to purchase the conveyor belt from Municipal Waste Management for $15,163.00. The motion passed unanimously. Mr. McQueen added that the major difference in the bids was horsepower of the belt motor.



Mr. Galpin spoke to the Board, requesting that limerock be placed on his road because he allowed it to be used by the public during the period of time that a portion of CR 232 was closed. The Board advised Mr. Galpin that they previously took action to provide maintenance on that road, since Mr. Galpin allowed the public to use it (private road). Mr. Galpin also reported that the street sign for SE 21st Terrace sign is missing.



Zoning Board Appointments:



Commissioner Durden made a motion to appoint Jimmy Ray Downing and Don Alexander to the Planning and Zoning Board. Commissioner Bush seconded the motion. Mr. Ken Frey spoke to the Board about qualifications for applicants. Following discussion the motion passed by split vote as follows: Commissioners Bush, Durden and Wilkerson voted in favor of the motion and Commissioners Sheffield and Suggs voted in opposition. Mr. McQueen announced that these are both three year terms.



Susan Johnson- Road Maintenance:



Ms. Johnson presented information regarding property owners in her area, asking for the county's assistance in maintaining their road. Since the water has receded, residents are faced with an access problem. Mr. McQueen reminded the Board that a Mr. Sanchez previously approached the Board concerning this road, in order to get a mortgage approved with a bank; without legal access to lots that exist, particularly on the western side, he could not clear a mortgage needed on that property. Ms. Johnson is asking for several loads of rock to be applied to improve the road. Chairman Sheffield asked if the roads in question were county maintained roads. Commissioner Durden replied that they are not county maintained roads. Chairman Sheffield explained that if they are not county maintained roads, they are not in the Board's jurisdiction. Mr. Mutch stated that the property owners can post no trespassing signs to keep vehicles off these roads. Mr. McQueen suggested that she and the other property owners register with FEMA for assistance to improve their roads; they may be eligible for up to $2000 per family for road repairs.



Following discussion, Commissioner Wilkerson made a motion, seconded by Commissioner Suggs to place an article in the paper to notify individuals that the county is not responsible for maintaining the right-of-ways for mailboxes. The motion carried unanimously.



Following discussion, Commissioner Durden made a motion, seconded by Commissioner Suggs to set criteria in the Land Development Regulations, requiring developers to pave all roads in new subdivisions, regardless of size, based on the number of trips per day to be generated per dwelling, to be reviewed by the Planning and Zoning Board with a recommendation back to the Board of County Commissioners. The motion carried unanimously.



The Board discussed with Mr. Mutch a traffic study to possibly increase the impact fees for road improvements.



Mr. McQueen presented a resolution for the Board's consideration, establishing a countywide local mitigation strategy working group. Following discussion, Commissioner Suggs made a motion to establish the working group by resolution. The motion was seconded by Commissioner Durden and unanimously approved. A copy of resolution 98-30 is on file in the Clerk's Office.



The Board unanimously approved a modification to the Emergency Management grant, increasing it to $97,039 (increase of about $1200), following a motion from Commissioner Suggs, which was seconded by Commissioner Durden.



Commissioner Suggs reported that the Florida State Rural Development Council is providing a temporary employee to work with the Chamber of Commerce and Development Authority for 15 months. The employee will also assist with the food bank project.



The cities have indicated that they are willing to allow the county to prepare their local mitigation strategies. The Planning Council has prepared interlocal agreements between the county and the cities to prepare their strategies. Commissioner Durden made a motion, seconded by Commissioner Suggs to approve agreements and authorize the chair to sign the agreements as they are approved by the cities. The motion carried unanimously.



The DSR's have been completed for Disaster funding and funding should be arriving soon for approximately $850,000 less 12.5%.



Mr. McQueen announced that he has received notification that the old ISTEA programs, now referred to as the Transportation Enhancement program will no longer be funding new projects for several years to come.



Mr. McQueen presented a bill from the City of Trenton for fire service calls totaling $2100 for the month of March. Because of the total, full board approval is necessary. Commissioner Durden made a motion, seconded by Commissioner Bush to approve payment of the bill. The motion carried unanimously.



Mr. McQueen has received notification that the Stompin 98 Music Festival has been canceled due to a lack of time to organize the event.



DEP responded back to the county's reply to their original letter regarding the potability of water at Rock Bluff, Water's Lake and Philpot Parks. They have remitted the jurisdiction of these parks back to the county health department.



Mr. McQueen informed the Board that repairs have begun at Water's Lake Park. The Board advised Mr. McQueen to call Jack Lindsey to repair the plumbing.



Reference checks are being performed on applicants for the maintenance position. One applicant is certified to repair air conditioners.



Commissioner Durden made a motion to recess at 3:55 p.m. The motion was seconded by Commissioner Wilkerson and unanimously approved.



The Board reconvened at 5:10 p.m.



Public Hearing- Ordinance 98-08 Amends LDR's section 4.5.5, item 17 (Sound Abatement for Kennels & Vet Clinics):



Mr. Emmenaker, member of the Animal Control Committee reported that they have not met and agreed to the conditions set forth in the proposed ordinance. They are trying to define abatement and the footage requirement from the lot lines. They will be meeting on June 9th. The Planning Council's recommendation is not the same as the Animal Control Committee's recommendation. The Committee would like the footage requirement from the lot line changed from 300 feet to 100 feet. According to the zoning regulations, sound abatement is required if the animals are going to be allowed that close to the lot line. Commissioner Suggs made a motion to table the hearing until 5:30 p.m. on June 15th. The motion was seconded by Commissioner Durden and unanimously approved.



Public Hearing- Ordinance 98-10 Establishes Means to Adopt Animal Control Services Fees:



Mr. Mutch presented an ordinance which provides the means to establish fees for animal control services by resolution. Following discussion, Commissioner Suggs made a motion, seconded by Commissioner Durden to adopt Ordinance 98-10. The motion passed unanimously. A copy of Ordinance 98-10 is on file in the Clerk's Office.



In conjunction with Ordinance 98-10, Commissioner Durden made a motion, seconded by Commissioner Bush, to adopt the fees for animal control services by resolution. The motion was passed unanimously and resolution 98-30:A is on file in the Clerk's Office.



The Board recessed at 5:30 p.m. and reconvened at 7:00 p.m.



Public Hearing- Ordinance 98-09:



Mr. Mutch read the short title of Ordinance 98-09, an ordinance adopting and extending a moratorium on the acceptance or processing of applications for comprehensive plan amendments, applications for rezonings, applications for site-plan approvals, applications for development orders, applications for building, special exception, or special use permits, or applications for variances regarding the location, siting, intensity, or design of solid waste facilities or dairy farms within Gilchrist County, for one year or until such earlier time as comprehensive plan amendments are adopted and found in compliance and implementing land development regulations are adopted which establish adequate criteria for the location, siting, intensity and design of solid waste facilities and dairies within Gilchrist County. Commissioner Durden made a motion to adopt the ordinance. The motion was seconded by Commissioner Suggs and vote of the Board to adopt Ordinance 98-09 was unanimous.



Mr. Mutch announced that he has coordinated a workshop for June 25th at 7:00 p.m. The workshop will be hosted by the Board of County Commissioners and will be presented by professors from the University of Florida, to provide information on dairies, geology and ground water.



There being no further business to come before the Board, Commissioner Suggs made a motion to adjourn at 7:10 p.m. The motion was seconded by Commissioner Wilkerson and unanimously approved.



APPROVED:







JIMMIE SHEFFIELD, CHAIR



ATTEST:







JOSEPH W. GILLIAM, CLERK