The Gilchrist County Board of County, in and for Gilchrist County, held a regular meeting on June 15, 1998, at 5:00 p.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

Sue B. Suggs

Fred Wilkerson

Others in attendance were: Joseph W. Gilliam, Clerk of Circuit Court, Samuel Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Deputy Clerk, Ken Frey, Warren Emmenecker, Art Ingram, county residents

Mr. Doug Crawford spoke to the Board about the possibility of the entrance fee being waived at Hart Springs Park for the Gilchrist County champion rookie ball team. This team placed number one and they would like to have a pizza party and distribute awards. Commissioner Suggs made a motion, seconded by Commissioner Durden to waive the entrance fee next Saturday for the GCRA championship team. Commissioner Wilkerson stated that he has received a request from the county extension office to have the entrance fee waived for the 4-H team (six members) to camp for two days. Commissioner Suggs amended her motion to include the 4-H team. The motion was seconded by Commissioner Durden and unanimously approved. The Board advised Mr. Crawford to provide a list of names of those attending to Mr. McQueen, so that the park manager can be notified.

Clerk's Report:

Mr. Gilliam received a call from Dan Irvin who purchased a truck from Roy Watson. He has learned that the truck is still titled to the Board. This is a 1981 two ton truck, which was declared surplus and sold to Mr. Watson. Mr. Mutch advised Mr. Gilliam that Mr. Irvin should provide a copy of the bill of sale showing who he purchased the truck from before the county applies for a duplicate title. Mr. Gilliam stated that he would contact Mr. Irvin.

Public Hearing: Ordinance 98-12 Setting Speed Limits on county road:

This is the final public hearing for a proposed ordinance, setting a 30 mph speed limit on the following county roads: N. W. 67th Terrace from CR 340 south to N. W. 35th Street and S. E. 40th Street from CR 337 to S. E. 57th Court. Following the reading of the short title, Commissioner Durden made a motion to adopt the ordinance. The motion was seconded by Commissioner Wilkerson and unanimously approved. Mr. Mutch advised the Board that the speed limits will not be effective until the signs are posted. A copy of ordinance 98-12 is on file in the Clerk's Office.

Chairman Sheffield spoke to the Board about a situation which has occurred involving a CDBG recipient, George Dull. Mr. Dull received a water filtration system and was allowed to select the system he wanted. The cost exceeded the amount approved by the Board and Mr. Dull agreed to pay the difference. Since that time, Mr. Dull has sued the company it was purchased from and he was awarded $1893, plus court cost. Of that total, $1000 was placed in the registry of court. Mr. Dull would like to have the $1000 to put with his funds to purchase another system. Commissioner Suggs stated that everyone worked very hard to satisfy Mr. Dull and allowed him to choose the system. She does not feel that Mr. Dull can be satisfied. The question before the Board is whether or not the $1000 was CDBG funds or general revenue funds. If it was CDBG funds, Mr. Dull should receive the money, however, if it was general revenue funds, it would be at the discretion of the Board. Commissioner Suggs made a motion to authorize Mr. Gilliam to determine whether the funds were CDBG or general revenue funds and if it was general revenue funds, the $1000 should be placed back into that fund. If the funds were CDBG, upon receipt of a bill for the new water system, the funds will be disbursed. The motion was seconded by Commissioner Durden and unanimously approved.

Public Hearing: Ordinance 98-08 Sound Abatement for Kennels & Vet Clinics:

This is the final public hearing for this ordinance, which establishes sound abatement for kennels and vet clinics. Following the reading of the short title, the commissioners discussed several items in the ordinance. Commissioner Suggs made a motion to adopt the ordinance, adding the language "animal shelters used for public purposes". The motion was seconded by Commissioner Durden and vote of the Board was unanimous. A copy of Ordinance 98-08 is on file in the Clerk's Office.

Attorney's Report:

Mr. Mutch presented a draft ordinance imposing requirements for protection of survey monuments and markers within the county, as requested by the Property Appraiser. He will need assistance from Mr. Harrison on definitions.

Mr. Mutch reminded the Board that they need to submit their financial statements to the Supervisor of Elections office this month.

Mr. Mutch asked for direction from the Board regarding increasing impact fees. Commissioner Suggs asked about the status on privilege fees. According to Mr. Mutch, it is in appeals court. Impact fees can be used for any type of public service or public buildings. Impact fees are charged one time to new development. The Board agreed that the impact fee should be increased if possible to offset the cost of maintaining county roads. Mr. Mutch will look at the fees and report back to the Board on July 6th or 20th.

Mr. Mutch presented a memo and letter from Dr. Roy Carriker, along with a proposed agenda for a workshop on dairies, geology and groundwater. Mr. Mutch suggested that the Board treat the speakers to dinner prior to the workshop, with one Board member present. Mr. Gilliam asked Mr. Mutch if the purchase of dinner would serve a public purpose and Mr. Mutch stated that in his opinion, it would. Commissioner Durden made a motion, seconded by Commissioner Wilkerson to approve the expenditure. The motion passed unanimously.

Public Hearing: Ordinance 98-11 Amends LDR's for cellular towers:

Mr. McQueen reported that the proposed ordinance before the Board represents the recommendation of the Planning and Zoning Board regarding the regulation of cellular towers. This is the first public hearing. Following discussion, Commissioner Suggs made a motion to adopt the ordinance and set the final public hearing for June 29th at 6:15 p.m. The motion was seconded by Commissioner Durden and unanimously approved.

Mark Sullivan appeared before the Board at the request of the county attorney and distributed some fliers regarding Santa Fe Ranch Subdivision. Mr. Sullivan owns a tax certificate on a parcel of property in the Santa Fe Ranch Subdivision. He owns ten lots of the 130 acre subdivision (one acre lots). Mr. Sullivan spoke to the staff of the Tax Collector and Property Appraiser's offices and was advised by both that they could be sold as one acre lots. He also went to the Building Department and was assured that the subdivision was listed on page 3 of 3, approved list of unrecorded subdivisions. He then went to the Health Department and after a site visit he was told the lots were sufficient for septic tanks. He paid over $9300 to buy the ten lots from the county. He does not want to change the use or develop the property. He would just like to sell the lots and has sold two lots to one individual. According to Mr. McQueen this a an unrecorded subdivision that was not approved by the Board, however, when the list of approved unrecorded subdivisions were sent to the planning council, this subdivision and 7 others were included. A total of seven unrecorded subdivisions were not approved. The Board agreed to consider the subdivisions on a case by case basis, and since that time, two of the seven have been approved, however, Santa Fe Ranch Subdivision has not been approved. Mr. McQueen added that this is an unplated subdivision and no building permits have been issued on this property. Mr. Mutch stated that the Board has the ability to require adjoining property owners to combine their properties to come into conformity as much as possible. Because Mr. Sullivan's lots front a public road, these lots can be combined. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to approve the lots, providing that Mr. Sullivan combine the lots as four, three, and one acre lots. The motion passed unanimously.

Ken Frey- Planning & Zoning Board Appointments:

Mr. Frey stated that he takes exception to the Board's recent appointment of Jimmy Ray Downing to the Planning and Zoning Board. He feels that the applicants should have been required to file letters stating how they can make a contribution to the Planning and Zoning board, as well as a resume, as the advertisement required. He doubts that the Commission read the applications submitted and feels the Board ignored the qualifications of the other people that applied. He feels the appointment should be rescinded. Mr. Mutch advised the Board that in order to go forward with discussion by the Board, it would take a motion to reconsider and the motion would have to be made by a member of the prevailing side; it would be a requirement that one of the three commissioners who prevailed to make a motion to reconsider. Failing that, it would be improper to discuss as an issue to reconsider the action of the Board. Chairman Sheffield asked if either of the three commissioners would like to make a motion to reconsider. Neither of the three prevailing commissioners made a motion to reconsider. Mr. Frey continued discussion, asking the Board questions about the procedures for appointment. Commissioner Durden called for point of order. Mr. Frey stated that he could file a discrimination suit. Commissioner Durden called for point of order and will ask that Mr. Frey be escorted from the meeting if he continues to pursue discussion.

Mr. Mutch left the meeting at 6:53 p.m. for a meeting with the city of Trenton.

Clerk's Report:

Mr. Gilliam reported that he will be submitting a tentative budget at the July 6th meeting.

The first budget workshop is scheduled for August 17th at 1:00 p.m. This workshop will include the constitutional officers.

EMA/County Coordinator's Report:

Each year, the county receives about $40-$70 from the sale of the Florida art license plates. The county has been allocating the funds to the county library and a report must be filed with the state. If the Board chooses, the Three Rivers Regional Library System may be designated as the direct recipient. Commissioner Suggs stated that it was the Board's intent to give the funds to the Gilchrist County Library. Other Board members concurred.

Mr. McQueen reported that he is required to file an application with the Department of Environmental Protection, in order to increase the volume of recycling at the transfer station, which is anticipated with the recent purchase of a new conveyor system. The application is actually for a permit for the operation of the belt, and a contact person needs to be appointed by the Board. Commissioner Durden made a motion, seconded by Commissioner Suggs, to approve the application and appoint Mr. McQueen and Ms. Avery as the county's contacts. The motion passed unanimously.

Mr. McQueen stated that he received notification from Hal Abrahamson, Stompin 98 Festival promoter, that the festival has been canceled.

Mr. Gilliam received a call regarding the 4th of July fireworks display sponsored by Praise Fest. A special use permit or a waiver of the fee will be required. Mr. Gilliam stated that it is his understanding that admission fees will be charged. The Board suggested that Mr. Mutch could render an opinion.

The city of Trenton submitted a request for ISTEA funding for sidewalks (from N.E. 10th Street to the new Post Office site) and turn lanes for Hardees, Dollar General and the new Post Office. Mr. McQueen stated that he is concerned that DOT has not required the Post Office put in turn lanes. The Post Office is not even required to pull building permits, according to an attorney general opinion.

Lancaster Correctional Institute has provided new work squad agreements. Commissioner Wilkerson made a motion, seconded by Commissioner Bush to approve the agreement (the agreements have been consolidated into one, rather than three). The motion passed unanimously.

Juvenile Justice is having a retirement party for Dr. Johns at Hart Springs on June 29th during the evening. Commissioner Suggs made a motion to waive the pavilion rental fee for the retirement party. The motion was seconded by Commissioner Durden and vote of the Board was unanimous.

FEMA has sent a total of $426,000 to Gilchrist County for disaster assistance. There will be a break out of where the funds will be spent at the next meeting. Commissioners Bush and Wilkerson asked Mr. McQueen to address some of the problems at the Hart Springs boat ramp. Commissioner Durden stated he would get with the road superintendent.

Commissioner Suggs asked what provisions were made since the Board agreed to not use Apgar and Pelham's legal services. The Board advised her that Mr. Mutch is seeking proposals for land use attorney services.

Mr. Gilliam reported that he met with the state fire Marshall and Dean Drummond regarding the office space issue. They have requested information regarding what each office or department needs.

Mr. Mutch returned from the city commission meeting and their Board of Adjustment granted a special exception for the Prime and Roberts properties. The city council informed him that a minor comprehensive plan amendment is needed in order to be in conformance with their comprehensive plan. Mr. Mutch needs authorization to move forward with that procedure and to begin the closings. Commissioner Durden made a motion, seconded by Commissioner Wilkerson to authorize Mr. Mutch to proceed with both the closings and the comprehensive plan amendment procedures as required by the city. The motion passed unanimously.

There being no further business to discuss, Commissioner Suggs made a motion to adjourn at 7:25 p.m. The motion was seconded by Commissioner Durden and unanimously approved.