The Gilchrist County Board of County Commissioners, in and for Gilchrist County, Florida, convened in a regular meeting on Monday, June 21, 1999, at 5:00 p.m., in the County Commissioners Meeting Room, located in the Gilchrist County Courthouse, 112 South Main Street, Trenton, Florida, with the following members present to-wit:

Randy Durden, Chair

Wilbur Bush

Sue B. Suggs

John Rance Thomas

Others in attendance were: Joseph W. Gilliam, Clerk of Court, Samuel A. Mutch, County Attorney, Ron McQueen, EMA/County Coordinator, Sherree Pitzarell, Deputy Clerk, Sheriff David Turner, John Ayers, Steve Kattell, Robert Beauchamp, Dorman and Lomar Rogers, Sarah Collis

Shady Grove Road:

Commissioner Suggs stated that Mr. Rogers and Ms. Collis are here to discuss the situation at the Shady Grove Road. Mr. Mutch stated that a title search was ordered but a revised legal description is needed because they did not know which parcel needed to be searched. No case law can be found that indicates anything other than the pavement belongs to the county, however, Bell South has underground cable, and they would probably have an easement. The residents here today are concerned that nothing is happening to correct the problem on that road. According to the law, the county can take property by maintenance and the definition found maintenance to be the pavement. Commissioner Suggs feels that the situation needs to be resolved, rather than prolonged. Mr. Mutch stated that the county could go to court, maintaining that the county owns the road and the area built up and maintained near the edge of the road. Chairman Durden stated that this item needs to be placed in the agenda for the next meeting, July 6th.

Audit Services:

Mr. Steve Kattell and Mr. Robert Beauchamp presented the audit contract which reflects a 2% increase. This contract would be for three fiscal years. Mr. Gilliam stated that the Board recently agreed to bid audit services, and returned the contract to Mr. Kattell, inviting him and his firm to submit a proposal.

Sheriff Turner:

Sheriff Turner submitted checks to the Board, totaling $50,281.90, which represents the following: refund on security services, reimbursement for repairs to a door frame, reimbursement for medical bills on inmates Michael Kirkland and Richard Sanderson, and reimbursement for housing federal inmates.

Sheriff Turner submitted deputy sheriff's blanket bonds, which require the Board approval. Commissioner Suggs moved to approve the blanket bonds. The motion was seconded by Commissioner Thomas. Vote of the Board was unanimous.

Public Hearing- Survey Monuments and Markers:

This ordinance imposes requirements to protect survey monuments and markers within Gilchrist County. The Property Appraiser approached the Board last month, asking for protection of these markers, which are placed on roads and other public properties by survey crews. These markers can be seen by ariel photographs and are costly to replace. Commissioner Suggs made a motion to adopt the ordinance. The motion was seconded by Commissioner Bush. The motion passed unanimously. A copy of Ordinance 99-04 is on file in the Clerk's Office.

Lee Mills- County Engineer:

Mr. Mills received the soil reports on CR 232 and the results are not good. According to the information Mr. Mills received, it would be cheaper to build a new road than to rebuild the one in place. The county can mill and grind the pavement in place, mixing in 6-8 inches of limerock. Because of these test results, the cost will be more than initially anticipated. He does not advise an overlay on this road. Mr. Mills feels this road is a good candidate for the Florida DOT Small County Road Assistance Program. The county can submit three roads and if approved, DOT will provide a 2 year work program. The legislature has funded this program at a rate of $25,000,000 for the next 10 years, according to Mr. Gilliam. Each county will submit a list (24 counties qualify) and they will evaluate the list, based on certain criteria. The regional DOT office will prioritize the list and send it to the state. The state DOT office will decide which counties will receive the first $25,000,000. Eligible roads must be an existing paved road since 1995. The county will know by October if the road is approved by DOT. Following discussion, Commissioner Suggs made a motion to prioritize the roads as follows: CR 232 from SR 47 to the county line, CR 232 from SR 47 to US 129, and CR 236. The motion was seconded by Commissioner Bush. The motion passed unanimously. Until the county is ready to start design and measurements, Mr. Mills has done as much as he can do. It is his recommendation that the Board wait until October to hear from DOT on this new program. Mr. Gilliam will send the letter to DOT.

Attorney's Report:

Mr. Mutch reported that he has incorporated the changes directed by the Board in regards to the impact fees being proposed. It has been sent to the Planning and Zoning Board for consideration.

Mr. Mutch stated that he has not received notification that anyone is challenging the Board's actions regarding intensive agriculture to date.

Mr. McQueen spoke briefly about the strategic planning committee.

Mr. Mutch reported that the Tri-County Nursing Home bond has been closed and he anticipates a refund for his work on this project, which will be paid to the Board.

Mr. Mutch reported that the amended animal control ordinance is ready to be distributed. Chairman Durden stated that he will be calling for a committee meeting soon.

Alachua County has decided not to ask for a hearing from the Supreme Court on privilege fees because of the legal costs involved. Florida Power has notified Gilchrist County that they will no longer collect the fee.

Mr. Mutch announced that he has prepared a 25 year lease for Spring Ridge VFD, but he would like to review it with members of the fire department before presenting it to the Board.

Mr. Mutch spoke to the Board about a festival or out door party ordinance. The Board advised Mr. Mutch to have an ordinance ready for the next meeting.

Commissioner Suggs stated that she has received verbal consent from all property owners except three, expressing willingness to deed the Board right-of-way on the county line road. The center line of the road needs to be surveyed. The right-of way needs to be 30 feet each way from the center line. Commissioner Suggs will contact the remaining three property owners before a center line survey is ordered.

Public Hearing- Ordinance Regulating County Parks & Boat Ramps:

This proposed ordinance will repeal ordinance 94-05. Mr. Mutch recommends the definition of diving as it should not include scuba diving. Mr. Pete Butt offered the Board suggestions to include in the ordinance. The Board advised Mr. Mutch to meet with Mr. Butt to incorporate his suggestions and give it to the Sheriff for further review. Commissioner Suggs moved to continue this public hearing to July 6th at 10:00 a.m. The motion was seconded by Commissioner Bush. The motion passed unanimously.

The Board recessed at 6:25 p.m. and reconvened at 7:00 p.m.

Public Hearing- Ordinance for Pre-Inspection of Used Mobile Homes:

This ordinance will provide for the pre-inspection for used mobile homes, prior to the issuance of move-on permits. There followed discussion regarding item E of Section 2 which addresses repairs of substandard used mobile homes. The Board agreed to delete the last sentence of Section 2, Item E. In the first sentence of Section 2, Item E, the word "may" will be removed and the words "shall be required, if located in Gilchrist County". After deletion of the last sentence of Section 2, Item E, the following sentence will be added: "Repair and remodeling does not constitute the issuance of a move-one permit". Commissioner Suggs made a motion to adopt the ordinance with the above changes. The motion was seconded by Commissioner Thomas, and unanimously approved. A copy of Ordinance 99-05 is on file in the Clerk's Office.

Public Hearing- CPA 99-01:

An application has been received to amend the county's comprehensive plan (CPA 99-01). This proposed change will allow public, charter, and private elementary and middle schools to be permitted within residential-1, 2, 3 and 4 land use classifications. The state's comments have been received and the purpose of this hearing is to authorize the submittal to DCA for their approval. DCA will then have the opportunity to offer final comments before the change is adopted by the Board. Following discussion, Commissioner Suggs made a motion to transmit the application to DCA. The motion was seconded by Commissioner Bush and unanimously approved.

Public Hearing- CPA 99-02:

An application was submitted by David and Karen Mowrey to amend the comprehensive plan to change 5.61 acres from Ag-2 to Commercial. If the Board approves this application, the next step would be to consider an application to amend the Land Development Regulations, to signify what type of commercial use will be designated. Mr. McQueen reviewed the concurrency assessment, which was submitted by the Regional Planning Council and advised the Board that the Planning and Zoning Board have approved CPA 99-02. Mr. Mutch recommends that the Board hold it's public hearing in a quasi-judicial manner. Mr. David Mowrey stated that he needs commercial zoning in order to pursue a project. Mr. Mowrey feels state road 26 (the proposed site) is a good location for commercial zoning. According to Jean Troke, realtor, when the Mowrey's purchased the property in 1991, it was zoned commercial (C-2). Because the commercial use of that property was abandoned, it reverted back to Ag-2. Commercial zoned property borders this proposed site on the east boundary. Jeffrey Wolfe, pastor of the Nazarene Church stated that the church's property is directly to the west of the proposed site and the majority of the area is residential. H. Michael Klineman stated that he represents the residents in Gilchrist County and Trenton who oppose this site being changed to anything other than Ag-2. Martha Wester stated that she has purchased property in the area and intends to build a home. She is opposed to the proposed zoning change. Dan Hendrix stated that he formerly owned the property and received a zoning change to commercial several years ago. According to Mr. Hendrix, state road 26 is the best possible site for commercial development. Commissioner Suggs moved to table further discussion until July 19th at 5:00 p.m., allowing Mr. Mowrey time to further review the comprehensive plan and allow Commissioner Wilkerson, who is the commissioner of that district (for the proposed site) to be present. The motion was seconded by Commissioner Bush. Vote of the Board was unanimous.

Public Hearing LDR 99-02:

Commissioner Suggs moved to table action on LDR 99-02 until July 19th at 5:30 p.m. The motion was seconded by Commissioner Bush. The motion passed unanimously.

Attorney's Report (cont.):

Commissioner Suggs reported that the Spring Ridge Volunteer Fire Department has loaned Wacasassa VFD a truck to use until their truck can be repaired. The insurance company has been notified of the accident involving Wacasassa VFD and a written claim will be submitted as soon as the report is received from Florida Highway Patrol.

Commissioner Thomas stated that he receives phone calls almost daily regarding the Royster Pit Mining operation and would like to know the status of the permit. Mr. Royster was mailed a copy of the resolution adopted by the Board. Mr. McQueen stated that it is his understanding that the permit from Water Management has not been issued yet.

Clerk's Report:

Mr. Gilliam presented the revised contract with Architect Design Group. Commissioner Suggs moved to approve the contract. The motion was seconded by Commissioner Thomas. The motion passed unanimously.

The first bill has been received from Architect Design Group for 75% completion of Phase I, 25% of Phase II and 40% of Phase III. The total bill is $17,735.55. Commissioner Bush made a motion to approve payment as presented. The motion was seconded by Commissioner Thomas. Vote of the Board was unanimous.

The FLGIT joinder agreement was presented to the Board for execution.

Mr. Gilliam stated the tentative budget hearing needs to be changed because the School Board has selected September 7th to hold their budget hearing. The Board agreed to hold their tentative budget hearing on September 9th. They also agreed to change their first meeting of the month for the same day.

Mr. Gilliam presented the Errors and Insolvencies report for 1999 from the Tax Collector. The report shows a reduction in ad valorem taxes collected totaling $25,522.76. Commissioner Bush moved to approve the report. The motion was seconded by Commissioner Thomas and unanimously approved.

Mr. Gilliam presented the 1999 County Held Tax Certificates on behalf of the Tax Collector, totaling $14,184.86. Commissioner Suggs moved to approve the list. The motion was seconded by Commissioner Bush. Vote of the Board was unanimous.

Mr. Gilliam reported that he and Chairman Durden have about 70% of the landfill road right-of-ways signed by the owners. He added that the Bell Town Council have invited him and the chairman to their next meeting to discuss the project.

Mr. Gilliam spoke to the Board about the DSR's for FEMA reimbursement. The deadline is July 6th. Mr. McQueen stated that he reviewed the paper work last week with Mr. Coarsey from the Road Department. It appears that a lot of the paper work has been neglected. There are several roads near Hart Springs that still need to be repaired, totaling approximately $19,000. The total amount of work that has not been accounted for is about $80,000-$90,000. The problem is Mr. McQueen is being told that the jobs have been completed, however, there is no paper work to back up that the work has been done. Mr. Coarsey was hired to do the paper work for the FEMA repairs, however, he has been assigned to road grading. Commissioner Bush stated that he will be disappointed if the county loses $80,000-$90,000 because the paper work was not completed. Commissioner Suggs stated that several culverts were supposed to be installed in her district and to date, they have not. Commissioner Bush made a motion to direct Mr. McQueen to advise Mr. Coarsey to work on the FEMA paper work for the next two weeks or until such time as they are complete. The motion was seconded by Commissioner Thomas. Vote of the Board was unanimous.

Kim Davis- Blue Springs:

Ms. Davis, general manager of Blue Springs appeared before the Board to get Blue Springs and the spring run designated as a swimming area. People no longer respect the water rights of others and boats are coming into the run and sinking canoes and riding too close to swimmers. She spoke to Lt. David Lee, Game & Fish Commission and he suggested that she ask the Board to declare the area a designated swimming area. This would prevent boats from being able to come into the spring run. Another concern is the protection of the ribbon grass, which discourages hydrilla growth. Ms. Davis added that she does not mind canoes traveling the run but the motorized boats are causing the problems. Chairman Durden asked Mr. Mutch if the Board has the authority to make such a designation. Commissioner Suggs asked Ms. Davis who would purchase the signs. According to Ms. Davis, the Game & Fish Commissioner can provide the signs, if the county passes an ordinance. Mr. Mutch is of the opinion that the county has the authority, however, if the Board makes such a designation for Blue Springs, would it not be appropriate to check with other local springs to see if they are experiencing the same problem. Commissioner Suggs made a motion to authorize Mr. Mutch to contact Lt. Lee and contact other spring owners to see if they are having similar problems, setting a public hearing for July 19th at 6:00 p.m. The motion was seconded by Commissioner Thomas. The motion passed unanimously.

Clerk's Report (cont.):

Mr. McQueen stated there are three vacancies on the Development Authority. The terms of Steve Quinta, Wayne Weeks, and Jerry Hawthorne expired in December 1998. The Board advised Mr. McQueen to advertise the vacancies.

A signal maintenance agreement has been received from DOT for the area on state road 26 near the new elementary school entrance. Commissioner Suggs made a motion to approve the agreement. The motion was seconded by Commissioner Thomas. The motion passed unanimously.

Mr. Gilliam has received a subordination request from the Stalveys, SHIP recipients. They are refinancing from a variable rate to a fixed rate. The remaining balance is approximately $10,000 on the SHIP loan. Commissioner Thomas made a motion to approve the request. The motion was seconded by Commissioner Bush. Vote of the Board was unanimous.

Mr. Gilliam submitted a purchase order for Florence Landfill for $10,000 to haul C&D material from our transfer station. This should be sufficient for the remainder of the year. Commissioner Suggs made a motion to approve the purchase order. The motion was seconded by Commissioner Thomas and unanimously approved.

Chairman Durden received a letter from the City of Trenton regarding the annexing of property where the current jail facility is located. The city council has approved the annexation.

Chairman Durden stated that he has resigned from the Transportation Disadvantaged Board and Commissioner Suggs has agreed to take his place if he will replace her as the representative on the Suwannee River Economic Council. They are both in agreement and the agencies will be notified of the changes.

EMA/County Coordinator's Report:

Mr. McQueen received a letter from Florida Power Corporation advising the County that they will cease collecting the privilege fee on utility bills .

Mr. Allen Luzader spoke to the Board about purchasing a new vehicle for the Building Department. The Ford Ranger has over 200,000 miles and the other truck has been in the repair shop a lot. Mr. Luzader has been making budget cuts in order to fund the cost of a new vehicle. He would like to purchase a sport utility vehicle with four wheel drive, which would enable them to go into undeveloped areas when doing building inspections. According to Mr. Luzader, Jeep has a 1999 Cherokee 4-wheel drive for $20,000 and will offer the same price for a 2000 model. He would like to use any carry-forward funds he may have to go towards the purchase price this fiscal year and is willing to cut the budget in other areas for next fiscal year to accommodate the purchase. Commissioner Bush suggested getting a fleet price through Ford. The Board indicated that if he can find the funds in his budget, they would be willing to work with him.

Mr. McQueen stated that bids are being solicited for the installation of turn lanes at the Overstreet Mulch economic development project. Surveying is continuing for the Sun & Fun neighborhood revitalization project. According to Commissioner Suggs, they have found one mobile home located in the middle of a road but it is not one of the roads that have been targeted for this project.

Mr. McQueen informed the Board that he has requested an extension for the Hart Springs FEMA work. He has requested FEMA to come back and re-write the package sewage treatment plant. He has received notification from the grants manager that the request has been forwarded to FEMA for a total of $289,000. The county is also waiting to hear from Water Management on the acquisition of additional property.

Mr. McQueen reminded the Board about previous discussion of a hand held dredge for Hart Springs Park. The recommendation was to solicit bids for the unit. Only one bid was received from Keene Engineering for $2927.75. Commissioner Bush moved to approve the bid. The motion was seconded by Commissioner Suggs and unanimously approved.

During the declared disaster period when the wild fires occurred, certain equipment, only available to counties with a disaster declaration, was available at the state surplus warehouse in Starke. Mr. McQueen put a hold on two 10KW trailer mounted generators for $2150. This generator only had seven hours use and Mr. McQueen would like to purchase it from his grant. Commissioner Suggs made a motion to authorize the purchase. The motion was seconded by Commissioner Bush and unanimously approved.

Mr. McQueen presented the new inner agency squad agreements between Lancaster and the county for Board approval. There are two agreements for inmate labor. One squad works with the Road Department and other with Solid Waste. Commissioner Suggs made a motion to approve the agreement. The motion was seconded by Commissioner Thomas and unanimously approved.

Mr. Gilliam spoke to the Board about the electric bills at the firing range property. There are 3 meters at the firing range; there are two on the well and one on the power pole. It is not clear why three meters are needed. The Board discussed and requested Mr. Gilliam to see if the power company will combine the three meters and ask the School Board if they would be willing to pay the bill.

Mr. McQueen stated that several months ago he discussed with the Board that the LDR's require a survey for a building permit. At that time, the Board asked the Building Department to work with people and allow them to do a site plan. Mr. McQueen presented a map with a 70 acre parcel of property divided into one to five acre lots. There are 3 mobile homes that appear to be on approximately five acres. Anyone seeking multiple permits on bulk acreage needs to provide a legal description of which five acre portion the dwelling will be located on, otherwise, you can't determine the set-backs. Permits issued without legal descriptions make it impossible to determine if the land has been divided. On bulk land, the Building Department will require a legal description and if there are more than two mobile homes, the subdivision requirements will apply. Mr. McQueen also informed the Board that mobile homes are considered dwellings and will not be allowed to be turned into storage units. To regulate this, the Board needs to authorize a petition to be put before the Planning and Zoning Board, which would require that a permit where only one permit per lot of record could be issued. Mr. McQueen stated that the provision exists, it's just a matter of enforcement. The Board agreed with Mr. McQueen and Mr. Luzader and will back up their decisions.

Mr. Lane from Bailey, Bishop and Lane asked when the Board would be considering Vargas Woods subdivision preliminary plat. Mr. McQueen advised Mr. Lane that the Planning and Zoning Board tabled it because there were questions about the lots and roads.

Commissioner Bush made a motion to adjourn at 9:05 p.m. The motion was seconded by Commissioner Suggs and unanimously approved.