REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

January 4, 2000

 The Regular Meeting of the Board of Levy County Commissioners was held on January 4, 2000 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Wilbur Dean

Vice Chairman Sammy Yearty

Comm. Don Foley

Comm. Frank Davis

Comm. Lilly Rooks

 

 Also present were:

County Attorney - Gregory V. Beauchamp

Clerk of Court - Douglas M. McKoy

County Administrator - William C. Cobb

 

 The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Comm. Foley followed by the Pledge of Allegiance to the Flag.

COMMISSIONERS

Chairman Davis called for nominations for Chairman for the ensuing year. Comm. Rooks moved to appoint Comm. Dean. Comm. Foley seconded and the MOTION CARRIED.

Comm. Foley commended Comm. Davis for his service as Chairman.

Chairman Dean called for nominations for Vice Chairman for the ensuing year. Comm. Davis moved to appoint Comm. Yearty. Comm. Rooks seconded and the MOTION CARRIED.

EXPENDITURES

Comm. Davis moved to approve the following expenditures presented for payment. Comm. Foley seconded and the MOTION CARRIED.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 22819-22964

 

 GENERAL FUND                                         $975,167.27

 ROAD & BRIDGE FUND                              88,297.29

 LIBRARY                                                         11,098.57

 COURT SERVICES                                           741.76

 E911 COMMUNICATIONS                             5,705.18

 LANDFILL & RECYCLING                           15,205.25

 FLORIDA POWER GRANT FUND             76,063.79

 EMERGENCY MEDICAL SERVICE          28,597.09

 LOCAL LAW ENF BLOCK GRANT                 301.78

 SPECIAL CONSTRUCTION                        15,548.74

 LOCAL CRIMINAL JUSTICE TR                 47,675.72

 CDBG GRANT                                                 7,000.00

 ST GRANT - JUVENILE JUSTICE              16,717.74

 UTILITIES FUND                                                 987.40

 MSTU-RAINBOW LAKES ESTATES           3,354.69

 

                                                     TOTAL $1,292,462.27

 

 MINUTES

Comm. Davis moved to approve the minutes of the regular meeting of December 21, 1999. Comm. Foley seconded and the MOTION CARRIED.

 COMMISSIONERS

Mrs. Toni Collins presented a copy of Act 30 dated March 10, 1845 from the Laws of Florida documenting the creation of Levy County as a political subdivision.

 TAX COLLECTOR

Mr. Billy Cobb presented for consideration the following Certificate of Correction of Non Ad Valorem Assessment Roll:

Reed B. And Carmen Doyle Proctor, Trustees of Proctor Family Trust, Cedar Key, amending from two (2) units to one (1) unit on one (1) lot. Adjacent lot is vacant.

Comm. Rooks moved to approve the Certificate of Correction of Non Ad Valorem Assessment Roll. Comm. Foley seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Cobb said the Holiday Schedule for 2000 needs to be reviewed and action taken for July 4, 2000 which conflicts with a regular meeting and for the Christmas holidays which may conflict with the union contract.

 CONTRACTS AND AGREEMENTS

Mrs. Jacqueline Martin presented the 1999/2000 Transportation Disadvantaged Services agreement with Coordinated Transportation System. Mrs. Martin said the agreement contains the same terms as last year and only the dates have been changed. Comm. Foley moved to approve the agreement. Comm. Davis seconded and the MOTION CARRIED.

 DEVELOPMENT DEPARTMENT

Mr. Rob Corbitt requested the approval of the following preliminary plat which had been tabled for further review by the Plat Review committee in December of 1998:

Eugene O’Connor for Deerfield Estates located at that portion of the South ½ of Section 21, Township 12 South, Range 19 East, inside the Arredondo Grant, lying West of State Road 121, located in an Agriculture/Rural Residential (A/RR) zone on 107 acres consisting of ten (10) home sites.

Mr. Corbitt advised the preliminary plat now meets all county specifications with the modifications of the initially submitted preliminary plat and no special exceptions are being requested. Comm. Yearty moved to approve the preliminary plat. Comm. Davis seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:

Cedar Key Heights Subdivision, SW 80th Street and SW 123rd Terrace from US 24 to Old 6th Street, with four (4) loads limerock and grade with dedicated right of way.

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.

SE 103rd Lane in Spanjer’s Subdivision with five (5) loads of rock and grade.

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

 LIBRARY

Mr. Larry White advised the computers from the Gates grant are being received and being installed in the local libraries. Mr. White said an open house will be held January 24, 2000, 4:30 p.m. to 5:30 p.m. at the Chiefland library for all residents.

 SHERIFF

Sheriff Glass reported an inmate presently being held is incurring extensive medical bills pending her transfer to a court ordered facility when bed space becomes available.

 SHIP

Mrs. Carol McQueen presented a Satisfaction of Mortgage for a second mortgage provided to Timothy P. And Anita D. Bushway. Mrs. McQueen explained the Bushway’s refinanced their home with another mortgage lender and the second mortgage has been satisfied for $3,893.62 on the original $6,000.00 mortgage. Comm. Davis moved to approve the Satisfaction of Mortgage and authorize the Chairman to sign the document. Comm. Foley seconded and the MOTION CARRIED.

 GRANTS

Mrs. McQueen said the Community Development Block Grant (CDBG) Neighborhood Revitalization road construction projects are on schedule for the January 27, 2000 completion date. Mrs. McQueen said the Community Action Task Force (CATF) will be meeting next week to discuss prospective grant applications.

 COUNTY ROADS

Comm. Yearty advised additional consideration of widening County Roads 326, 347 and 337 when they are resurfaced. Comm. Yearty said discussions with the county engineer Lee Mills, has raised the possibility of creating substandard roadways if the roads are widened one (1) foot on each side without widening the box culverts and bridges. Comm. Yearty added the widening would increase the cost of the resurfacing projects.

 ZONING

Mr. Rob Corbitt advised the withdrawal of the following petition:

Petition No. CZ-00444 submitted by Mr. Thomas Gilmore who was petitioning the Board for a Change of Zoning from Rural Residential (RR) to C-3 to allow an Automotive Repair/Inspection and Retail Sales on a parcel of land located in Oak Grove Estates, Block E, Lot 2, in Section 33, Township 12S, Range 18E in Levy County, said parcel contains .92 acres more or less .

Mr. Corbitt presented the following petitions for consideration:

Petition No. CU 99-1 - Roger Webb, petitioning the Board for an Amendment to a previously approved Conditional Use Permit to allow a fertilizer packaging plant located on part of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 28, Township 13S, Range 19E, in Levy county. Said parcel contains one (1) acre more or less and is located within an Agriculture/Rural Residential (A/RR) zone.

Mr. Corbitt advised Mr. Webb had purchased a ten (10) acre parcel adjacent to the previously approved site for a Conditional Use Permit and is requesting approval of this petition to allow the relocating of the fertilizer packaging plant to the ten (10) acre parcel. Mr. Corbitt described the fertilizer packaging plant as a low hazard process for a microinjection system for injecting liquids into the bark of trees and has a recommendation for approval from the Planning Commission. Comm. Rooks moved to approve the petition and allow the amendment to the Conditional Use Permit. Comm. Davis seconded and the MOTION CARRIED.

Petition No. CU 99-2 - Florida Concrete Recycling, Inc. petitioning the Board for a Conditional Use Permit to allow a recycling facility for concrete and asphalt recycling and to recycle C & D materials including wood and tree debris in the future, on a parcel of land located in the E 3/4 of the SE 1/4 of Section 24, Township 11S, Range 17E, in Levy County. Said parcel contains 30.38 acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone with the Planning Commision recommendation of denial due to non compatibility with the surrounding area.

Mr. Corbitt described surrounding land uses of a vacant tract of land fronting State Road 24, agriculture land with an accessory use for model airplanes on the Alachua County side and residential and agriculture use for the remaining surrounding property.

 Mr. Tim Renfroe, President of Florida Concrete Recycling, Inc. advised he has been operating his business in Gainesville for the past eight (8) years in an industrial zoned area located off of Depot Avenue and within several blocks of an apartment complex and the low income housing area known as Porter’s Quarters. Mr. Renfroe responded to inquiries for the selected site for convenience with truck traffic already in the area hauling recyclable materials and possibly employing up to 25 employees at the site. Mr. Renfroe added he has not been required by the City of Gainesville to have permits from the Department of Environmental Protection (DEP), Environmental Protection Agency (EPA) or any Water Management District and non recycled products would be put in containers and hauled off of the site.

Mrs. Rosemarie Aslanian, Mr. David Hintenlong, Ms. Monica Costino, Mrs. Elaine Cerasani, Mr. Jeff Varner and Mr. John Lorenowicz residents of Marlborough Estates addressed their concerns on an increase of heavy truck traffic on a county road already traveled by school buses, children bike riding, a school bus stop where the trucks would be decelerating from SR 24 to access CR 118, dangerous access from CR 118 on to SR 24, incompatibility with surrounding land uses, detrimental to the gopher tortoise and indigo snakes habitats, leaching of the groundwater runoff possibly causing contamination of wells and encroachment of an industrial area into a residential area.

Mrs. Renata Cannon said she was concerned with the comment from the applicant that the business would not cause a dust problem but stated the 30 acres would provide a sufficient buffer against dust and groundwater runoff leaching into the aquifer.

Mr. Corbitt stated before permits or statements could be obtained from DEP, EPA or the WMD the applicant would have to be the owner of the property.

Comm. Rooks moved to make the following conditions a part of the Conditional use Permit if approved:

          1. Dedication of 30' of additional right of way to ensure the integrity of CR 118 as a future collector road.

          2. Pave CR 118 (NE 130th Street) from SR 24 to the driveway access point of the site. Paving shall be completed prior to the issuance of building permits on site. Driveway entrance from road to project site paved. FDOT permit to connect to SR 24 and no parking on roadways.

          3. Opaque fencing along the perimeter of the recycle material storage areas and truck parking areas. Plant non-deciduous trees (sand pine and cedar mix) 5 rows of trees, 10' apart, staggered (3 rows of cedar trees and 2 rows of pines) to create vegetated 50' buffer.

          4. Operation hours and the use of heavy machinery shall be permitted from 8:00 a.m. to 5:00 p.m., Monday through Friday. Maintenance activity on Saturday between 8:00 a.m. to 5:00 p.m.,not to exceed 2 times a month.

          5. Submission of all required permits from DEP Industrial Wastewater, Solid Waste, and Air Program Divisions, and the appropriate WMD prior to the issuance of building permits. If exempt, the property owner shall submit in writing verification of exemption from above mentioned agencies.

          6. No mining or land filling allowed.

          7. If FDOT does not require, County requires by condition, right turn deceleration lane installed on SR 24 and left turn lane on LCR 118.

          8. The Conditional Use permit shall expire at such time as the approved use ceases operation for 12 months.

          9. Modification of plat applications to remove C & D recycling and must make separate application for C & D recycling.

and the motion died for lack of a second.

 

Comm. Yearty stated the comprehensive plan has established zoning for property and this area has an zoned Agriculture/Rural Residential (A/RR) use and the request to allow a Conditional Use Permit does not appear compatible with surrounding land uses and would like to have the business in the county but located in an industrial area. Comm. Yearty moved to deny the conditional use permit based on it not being compatible with the surrounding land uses, or acceptable for the public health, safety and welfare of the people. Comm. Rooks seconded and the MOTION CARRIED.

 COUNTY LAND

Mr. Greg Beauchamp presented a Quit Claim Deed received from North American Timber Corp, for two (2) acres of land deeded from Georgia Pacific Corporation as described:

Commence at the Northwest corner of Section 24, township 14 South, Range 15 East, Levy County, Florida thence S01°45'43"E, a distance of 2558.96 feet to a blue post, locally accepted as being the Southwest corner of the Northwest 1/4 of said Section 24: thence S32°51'35"W, a distance of 5341.21 feet; thence S04°41'28"E, a distance of 352.91 feet; thence S10°03'35"W, a distance of 508.23 feet; thence S60°50'54"E, a distance of 627.25 feet; thence S86°02'40"E, a distance of 312.83 feet; thence N83°00'15"E, a distance of 315.71 feet to the POINT OF BEGINNING; thence East, a distance of 249.28 feet; thence S80°18'21"E, a distance of 642.42 feet; thence S17°37'50"W, a distance of 168.85 feet; thence N72°03'52"W, a distance of 873.86 feet to the POINT OF BEGINNING. Containing 2.00 acres, more or less.

Mr. Beauchamp explained the land is being conveyed to the county in exchange for the existing road base material currently stored on Georgia Pacific property and the 2000 property taxes would be assumed by the county as owners. Comm. Yearty moved to approve the agreement for the acceptance of the land from Georgia Pacific Corporation. Comm. Rooks seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Beauchamp said the current policy for shift scheduling during holiday periods and the payment of over time needs to be reviewed and recommended appointment of a committee to try to resolve the difficulties that are arising during holidays and then provide a recommendation to be discussed with the union representative. Chairman Dean appointed, Mr. Beauchamp, Billy Cobb, Fred Moody, Douglas McKoy or his designee, to review the policy and make a recommendation to resolve the issue. Mr. Beauchamp recommended requesting Department Heads to arrange shifts for the next holiday scheduled for January 17, 2000 to prevent recurrences of scheduling problems.

 ROADS, COUNTY

Comm. Yearty said the county engineer recommends only resurfacing County Roads 326, 347 and 337 and not widening the roads which would make substandard roads and create a liability situation. Comm. Yearty moved to rescind the motion to widen the three roads when they are resurfaced. Comm. Foley seconded and the MOTION CARRIED.

Comm. Yearty moved to resurface County Roads 326, 347 and 337 with funds from the federal grant for evacuation routes. Comm. Foley seconded and the MOTION CARRIED.

 COMMISSIONERS

Comm. Davis presented a plaque awarded by the Levy Association of Retarded Citizens recognizing the support of the county.

 APPOINTMENTS

Comm. Yearty moved to appoint Ms. Elaine Yontz to the Library Board for the Bronson area. Comm. Rooks seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Billy Cobb requested affirmation of Monday, January 17, 2000, Martin Luther King Day as a paid holiday pending approval of the holiday schedule. Comm. Yearty moved to approve January 17, 2000 as an official holiday for employees. Comm. Davis seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

 Wilbur Dean, Board Chairman

ATTEST:

 

Douglas M. McKoy, Clerk of Court