REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

February 8, 2000

The Regular Meeting of the Board of Levy County Commissioners was held on February 8, 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 Mr. C. W. Gilbert followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

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

 FUND                                                              AMOUNT
CHECK NUMBERS: 23242-23528

GENERAL FUND                                       $767,760.81

ROAD & BRIDGE FUND                            385,178.39

LOCAL HOUSING ASSISTANCE               14,561.00

LIBRARY FUND                                             11,470.26

MEDIATION                                                          200.00

FINE & FORFEITURE FUND                        11,903.02

E911 COMMUNICATIONS                              5,843.70

LANDFILL & RECYCLING                            19,950.53

SPECIAL LAW ENFORCEMENT                23,203.00

COURT FACILITIES                                            770.21

FLORIDA POWER GRANT FUND                3,457.24

EMERGENCY MEDICAL SERVICE           19,173.12

SPECIAL CONSTRUCTION                         15,009.86

FIRE CONTROL                                             12,797.25

CDBG GRANT                                             615,566.74

DRUG TASK FORCE                                         343.75

JUVENILE JUSTICE                                           820.00

UTILITIES FUND                                               3,246.75

                                                     TOTAL $1,911,255.63

  MINUTES

Comm. Rooks moved to approve the minutes of the regular meeting of January 18, 2000 and the special meeting of February 3, 2000. Comm. Foley seconded and the MOTION CARRIED.

 ELECTIONS

Mr. Hank Hankerson introduced himself as a candidate for State Representative, District 10. Mr. Hankerson said he is a commissioner in Taylor County.

 ANIMAL CONTROL

Ms. Sandy McClung thanked the Sheriff Office and Animal Control for inspecting the dog problem in her neighborhood and giving the owner of the dog a warning. Ms. McClung said the dog has threatened her at her gate and she is requesting some action to make people responsible for their pets. Comm. Yearty advised Ms. McClung to contact Mr. Benny Jerrels with Animal Control and to follow the procedure for a nuisance animal report which requires at least two (2) affidavits on the animal being a nuisance.

 ROADS, COUNTY

Mr. Bill Perzell of Graceland Shores requested maintenance on the roads in his neighborhood. Comm. Yearty said the roads were dedicated to the public when the subdivision was created but have not been accepted into the maintenance system. Comm. Yearty requested Mr. Kelly Jerrels to inspect the roads and to report if maintenance can be done on a one time basis following the established policy.

 SOIL AND WATER CONSERVATION

Mr. Billy Cobb reported the environmental study for the Devil’s Hammock Phase 1 has been completed and there were no findings of hazardous environmental concerns on the property. Mr. Cobb said the study needs to be accepted and the county will assume responsibility for the environment of the property. Comm. Davis moved to approve the acceptance of the environmental study for Devil’s Hammock Phase 1. Comm. Foley seconded and the MOTION CARRIED.

 TAX ROLL

Mr. Cobb presented a Certificate of Correction of Non-Ad Valorem Assessment Roll requested by:

Mary H. Lewis, 44 East Noble Avenue, Williston, commercial business previously used as a beauty and tanning salon.

Mr. Cobb reported the inspection of the property revealed the property could be an active commercial operation and the committee recommended denial of the request. Comm. Yearty moved to deny the request for a Certificate of Correction of Non-Ad Valorem Assessment by Ms. Lewis. Comm. Rooks seconded and the MOTION CARRIED.

 SALARIES AND WAGES

Mr. Cobb presented for consideration a salary increase for:

Donald E. Goode, building inspector in the Development Department, he has complied and received his certification as a building inspector and recommends an increase from $11.7000 per hour to $12.2000 per hour effective retroactively to the past pay period.

Comm. Yearty moved to approve the salary increase for Mr. Goode. Comm. Davis seconded and the MOTION CARRIED.

Chairman Dean presented for consideration a personnel action for salary increase for Mr. Jessie Ellzey. Chairman Dean explained this personnel action was delayed from October, 1999 pending confirmation that Mr. Ellzey was no longer a member of the bargaining unit in the union.

Jessie Ellzey, Road & Bridge Department, Construction Foreman, at $12.9469 per hour to a 1% increase to $13.07636 per hour.

Comm. Foley moved to approve a one (1%) percent increase in salary for Mr. Jessie Ellzey retroactive to October 1, 1999. Comm. Davis seconded and the MOTION CARRIED.

 WATER CONTROL AND WATER BOARDS

Ms. Heather Alexander said the Southwest Florida Water Management District has requested a recommendation for submission to the Governor for one vacant seat on the Withlacoochee River Basin Board.

 ELECTIONS

Ms. Alexander reported that Ms. Connie Asbell, Supervisor of Elections, has requested the appointment of a commissioner for the canvassing board. Chairman Dean appointed Comm. Rooks to the canvassing board.

 PERMITS

Ms. Alexander said Ms. Margaret Knight has requested a permit to hold the Spring Withlacoochee Bluegrass Jamboree on March 24, 25, 26, 2000 with her fee. Comm. Davis moved to authorize the permit for the Jamboree to be held in accordance with all existing guidelines. Comm. Yearty seconded and the MOTION CARRIED.

 MUNICIPALITIES

Ms. Alexander said the Town of Inglis has requested a grader and operator to grade three (3) roads in Inglis as their grader in not in service and their grader operator has changed his employment. Ms. Alexander said the Town of Inglis will remit payment for the equipment and operator. Comm. Yearty moved to approve the request to assist the Town of Inglis and submit a billing for the work and the employee. Comm. Davis seconded and the MOTION CARRIED.

Mr. Douglas McKoy requested, on a similarly related matter, that the Board make inquiry concerning work performed at a boat ramp for Yankeetown. Mr. McKoy explained that documentation indicates a willingness to pay for materials and labor for work performed, but his understanding was that the town had only been billed for materials. Chairman Dean instructed Mr. Cobb to review the matter.

 COUNTY EMPLOYEES

Ms. Alexander announced there would be a retirement party for Mrs. Marjorie Davis at 2:00 p.m. on February 8, 2000 at the Levy County Cooperative Extension Service Office.

 ROAD MAINTENANCE

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

NE 100th Lane, NE 109th Avenue, NE 102nd Place located in Bronze Sun Acres, each road requiring two (2) loads of rock and grading.

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis for only the portions with dedicated right of ways. Comm. Davis seconded and the MOTION CARRIED.

NE 124th Street from NE 105th Avenue to NE 103rd Terrace located in University Oaks, requiring six (6) loads of rock and grading.

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

NE 105th Avenue and NE 73rd Lane located in University Estates, requiring five (5) loads and grading.

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

NE 112th Terrace and NE 75th Street located in University Estates, requiring five (5) loads of rock and grading.

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

NE 104th Court from NE 70th Lane to NE 72nd Street in Bronson Heights, requiring three (3) loads of rock and grading.

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

NE 19th Street in Williston Highlands, Unit 14, requiring fifteen (15) loads of rock and grading.

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

NE 92nd Court off State Road 24 entering University Estates requiring three (3) loads of rock and grading.

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

 LIBRARY

Mr. Larry White presented for approval two (2) applications to the Division of Library and Information Services (LSTA) to secure monies already allocated by the State. Comm. Yearty moved to approve and authorize the Chairman to sign the applications. Comm. Davis seconded and the MOTION CARRIED.

Mr. White explained there are major expenditures from the Library budget for set up costs and the original costs are slightly higher but state funds will cover the balance of the fiscal year.

Mr. White said the Alachua County Library System is allowing residents with Levy County library cards to use their facilities free of charge in conjunction with the interlocal agreement.

GRANTS

Mrs. Carol McQueen reported the Community Development Block Grant (CDBG) for neighborhood revitalization for road construction has been completed and the pay requests have been reviewed by the engineer and submitted. Mrs. McQueen explained there is a balance of $12,589.87 and the engineer has requested the overage. Mrs. McQueen said the fee to the engineer was reduced at the beginning to allow more monies for road construction with the understanding any remaining overage within the Farmers Home Fee curve could be requested by the engineer. Mr. Douglas McKoy explained that if the board awards the overage to the engineer that his feel would still be less than the $90,000.00 allowable by the Department of Community Affairs (DCA). Comm. Davis moved to approve payment of the overage of $12,589.87 to the engineer to close out all construction costs and for submission to the Department of Community Affairs (DCA) providing all work is finalized. Comm. Foley seconded and the MOTION CARRIED.

Mrs. McQueen report the Community Action Task Force (CATF) met on January 19, 2000 and discussed options available and are focusing on neighborhood revitalization for road construction projects but a public hearing is necessary and the CATF will report on their recommendations once the public hearing is held. Mrs. McQueen requested a public hearing to be held on February 22, 2000 at 11:00 a.m. for a Fair Housing Workshop. Chairman Dean approved the Fair Housing Workshop for February 22, 2000 and requested Mrs. McQueen to properly advertise the workshop.

Mrs. McQueen explained before further action could be taken she need authorization to proceed for the next grant cycle. Comm. Rooks moved to authorize commencement of the process to apply for a Community Development Block Grant (CDBG). Comm. Foley seconded and the MOTION CARRIED.

 SHIP

Mr. Douglas McKoy reported the SHIP program which has operated under county control for the last three and a half years (3½) has expended $1,286,299.00 in the purchase assistance program assisting 126 clients; $194,345.00 in the emergency home repair program assisting 46 clients and $356,037.00 for rehabilitation repairs assisting 35 clients for a total of $1,836,681.00. Mr. McKoy commended Mrs. McQueen on her dedication and service in administering the SHIP program and the CDBG grants and presented her with a Certificate of Appreciation.

 UTILITIES

Mr. McKoy explained the CATF at their workshop discussed possibilities of applying for a grant to improve the University Oaks Water System and the Manatee Springs Water/Sewer System. Mr. McKoy said additional information is needed on what problems the water systems have and what improvements may be necessary and Mr. Walt McJordan has recommended a consultant who will do a study of the water system at no charge.

 AGENCIES

Mrs. Toni Collins asked for approval for Code Enforcement, Solid Waste and the Sheriff to cooperate with Crime Stoppers of Levy County, Florida, Inc. to stop illegal dumping. Mrs. Collins said they want to kick-off on April 1, 2000 and notices will be posted through out the county with assistance from the local media to advertise. Mrs. Collins explained rewards would range from $50.00 to $1,000.00 depending on the severity of the crime and the arresting officer’s recommendation to the Crime Stoppers board. Comm. Yearty moved to approve participation with Crime Stoppers of Levy County, Florida, Inc. to discourage illegal dumping. Comm. Foley seconded and the MOTION CARRIED.

 ZONING

Mr. Rob Corbitt presented for consideration the following petitions:

Petition No. - VA-00395 - William and Mary Lindsey, petitioning the Board for a Hardship Variance to allow a second dwelling in order for their son, Robert John to care for them, on a parcel of land located in a tract in the N ½ (AKA Margarette Rice Subdivision, Lot 26), in Section 32, Township 13S, Range 18E, in Levy County. Said parcel contains 13.77 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Mr. Corbitt reported there was no opposition to the petition. Chairman Dean called for opposition and none was presented. Comm. Foley moved to approve the request for a hardship variance. Comm. Rooks seconded and the MOTION CARRIED.

Petition No. - VA-00396 - Scott Cunningham, petitioning the Board for a Hardship Variance to allow a second dwelling to care for his mother, Alice Cunningham, on a parcel of land located in Triple Crown Farms, Unit 1, Lot 37, in Section 32, Township 14S, Range 18E, in Levy County. Said parcel contains five (5) acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Mr. Corbitt reported there was no opposition to the petition and the developers, The Woodland Group submitted written agreement for allowing the second dwelling. Chairman Dean called for opposition and none was presented. Comm. Yearty moved to approve the hardship variance. Comm. Rooks seconded and the MOTION CARRIED.

Petition No. - FP-00185 - Pardue Land Surveying representing W. S. Yearty, petitioning the Board for a Final Plat of "Turkey Trot," a subdivision located in the S ½ of the SE 1/4 of the SW 1/4 and a portion of the S ½ of Section 32, Township 14S, Range 16E, in Levy County. Said parcel contains 64.18 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Comm. Yearty declared a conflict of interest. Chairman Dean called for opposition and none was presented. Comm. Davis moved to approve the final plat of "Turkey Trot". Comm. Rooks seconded and the MOTION CARRIED.

Petition No. - FP-00184 - Ralph Turner, petitioning the Board for a Final Plat of "Joppa Road Ranchettes," a subdivision in that part of the NW 1/4 of Section 35, Township 10S, Range 14E, in Levy County. Said parcel contains 50 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Mr. Corbitt explained Mr. Turner was requesting an extension of two (2) weeks to contact his surveyor to make a technical correction on the plat. Comm. Foley moved to table the petition for two (2) weeks. Comm. Davis seconded and the MOTION CARRIED.

 EMERGENCY MANAGEMENT SERVICES

Mrs. Paula Lane reported the 14th Annual Governor’s Conference for hurricane preparedness will be held May 22, 2000 thru May 26, 2000.

 SHERIFF

Sheriff Glass presented for approval an amended Federal Annual Certification Report to correct the law enforcement agency to the Sheriff’s Office instead of the Task Force as originally submitted. Comm. Rooks moved to approve and authorize the Chairman to sign the amended report. Comm. Davis seconded and the MOTION CARRIED.

 TAX COLLECTOR

Mr. Greg Beauchamp presented the List of Lands Available for Taxes from the tax deed sale of January 24, 2000 as submitted by Mrs. Patty Galyean, Deputy Clerk.

 SUITS

Mr. Beauchamp reported an extension had been granted for the Henry and Rilla White Foundation suit and will be rescheduled after assignment to another judge.

Mr. Beauchamp said the judge determined that the post class action suit filed by Mr. William Rees and 53 other plaintiffs met some requirements mandated by statute and counsel for the plaintiff will be submitting a brief and then a response will be filed.

 RESOLUTIONS

Mr. Greg Beauchamp read a resolution to be presented to Mrs. Marjorie C. Davis at her retirement party for her years of service. Comm. Yearty moved to adopt the resolution. Comm. Rooks seconded and the MOTION CARRIED.

 ROADS, COUNTY

Comm. Yearty moved to accept 2000' of SE 103rd Lane located in the Spanjer Subdivision into the maintenance system. Comm. Davis seconded and the MOTION CARRIED. Comm. Yearty explained there are eight (8) homes located on this portion of road.

Comm. Rooks moved to accept SW 77th Place located in Coastal Oaks into the maintenance system. Comm. Rooks explained there are 15 homes and the right of way is dedicated to the public. Comm. Davis seconded and the MOTION CARRIED.

Comm. Rooks recommended placing LCR 407 on the maintenance list for resurfacing when road construction is done on LCR 408. Comm. Rooks moved to place LCR 407 on the paving list. Comm. Davis seconded and the MOTION CARRIED.

 BUILDING AND GROUNDS

Comm. Davis moved to approve $3,500.00 to resolve the heating and air conditioning problem in the County Commissioner’s meeting room. Comm. Foley seconded and the MOTION CARRIED.

 APPOINTMENTS

Mr. Greg Beauchamp presented the following resumes for approval on the conflict attorney list:

Cary S. Sellers an associate with Clayton, Johnston, Quincey, Ireland, Felder, Gadd & Roundtree, P.A.

and,

Ted Wilkins

Comm. Yearty moved to approve Cary S. Sellers and Ted Wilkins for the conflict attorney list. Comm. Rooks seconded and the MOTION CARRIED.

Mr. McKoy asked if a committee had been appointed to prepare a study to determine if it would be more feasible to enter into contracts with special public defenders. Mr. Beauchamp advised this is being studied and the information will be provided for consideration by the Board.

 BUDGET

Mr. McKoy requested approval to release a general fund allocation to transfer the appropriation for the Library budget or to allow a transfer of funds as needed. Comm. Yearty moved to authorize the transfer of the entire allocation to the library budget. Comm. Rooks seconded. Comm. Yearty said this will cover the start up costs, Internet connections, telephone connection pending the proper documentation being signed and submitted to the state for disbursement of state funds and the MOTION CARRIED.

 FIRE DISTRICTS

Mr. McKoy inquired if the negotiations for the contract renewals with the Volunteer Fire Departments would be an additional three (3) months since the current contract that has been extended requires responses to the audit findings and an annual report for the end of the fiscal year which have not been submitted. Mr. Bill Beddow said this will be explained to the Fire Advisory Board and the audits need to be provided to the Volunteer Fire Departments. Mr. Beauchamp said this should not defer payments to the departments to continue operations for the first quarter.

  BIDS

Comm. Foley said the bid documents for the Small County Road Assistance Program are being prepared and a decision is needed to determine if the projects will be bid at one time for the three projects or to release them at different intervals. Comm. Davis moved to bid all three projects at one time for possible early completion dates. Comm. Foley seconded and the MOTION CARRIED.

 SHERIFF

Sheriff Glass reported the inmate accruing extensive medical bills has been transferred to a state facility and he will be presenting the bills once they have been received.

 COUNTY EMPLOYEES

Mr. Billy Cobb requested authorization to advertise the position for Veteran’s Service Officer. Comm. Davis moved to authorize advertising the position. Comm. Rooks seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Wilbur Dean, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court