REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

March 7, 2000

 The Regular Meeting of the Board of Levy County Commissioners was held on March 7, 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.

EXPENDITURES

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

 FUND                                                        AMOUNT
 CHECK NUMBERS: 23767 - 23966

 GENERAL FUND                               $703,377.03

 ROAD & BRIDGE FUND                     107,070.35

 LOCAL HOUSING ASSISTANCE           6,600.00

 LIBRARY                                                     3,121.93

 MEDIATION                                                   100.00

 CDBG GRANT FUND                          410,417.56

 COURT SERVICES                                  4,667.89

 E911 COMMUNICATIONS                     13,493.41

 LANDFILL & RECYCLING                       5,086.06

 SPECIAL LAW ENFORCEMENT           4,582.80

 COURT FACILITIES                                  5,111.10

 FLORIDA POWER GRANT FUND             773.97

 EMERGENCY MEDICAL SERVICE    19,298.84

 SPECIAL CONSTRUCTION                    2,459.73

 FIRE CONTROL                                      22,458.36

 EMS GRANT                                            34,453.97

 DRUG TASK FORCE                               3,079.20

 JUVENILE JUSTICE                                    382.68

 UTILITIES FUND                                           663.65

 MSTU-RAINBOW LAKES ESTATES          80.00

                                              TOTAL $1,347,278.53

 MINUTES

Comm. Davis moved to approve the minutes of the regular meeting of February 22, 2000. Comm. Foley seconded and the MOTION CARRIED.

 COMMUNICATIONS

Sheriff Glass advised the Sheriff’s Office and Emergency Management Services has received a mobile communications and operations unit donated by Sheriff Dean of Marion County from his surplus. Chairman Dean advised a letter of appreciation would be sent to Sheriff Dean.

 AGENCIES

Mr. Lannie Cardona presented a Pilot Project Application for a County Rural Development Program grant application for participation in the Foundation’s Economic and and Tourism Technical Assistance program. Mr. Cardona said the application would be independent of Gilchrist and Dixie Counties but if awarded the counties would work together to form a regional tourism partnership to promote and sustain tourism in the area. Mr. Cardona added the grant does not require matching funds. Comm. Foley moved to approve the grant application and authorize the chairman to sign the application. Comm. Davis seconded and the MOTION CARRIED unanimously.

 JUDICIAL

Honorable Chief Judge Robert Cates advised the 1998-1999 court budget was exceeded by $16,000.00 primarily from an increase in trials and the need to provide additional court reporters and requests an increase in the budget. Mr. Douglas McKoy explained in response to an inquiry that expenditures for the court budget are paid by Alachua County and then billed to the individual counties within the Eighth Judicial Circuit. Comm. Davis moved to amend the court budget and increase it by $16,000.00. Comm. Rooks seconded and the MOTION CARRIED.

Chief Judge Cates explained through the Article V Trust Fund $100,000.00 would be allocated for four (4) consecutive years to counties with populations less than 75,000. Judge Cates said the initial $100,000.00 was allocated for improvements to the old court room and improvements to the sally port and must be completed by June 1, 2000 to prevent the loss of funding. Chairman Dean explained the project for the court room was placed out for bids and the bids exceeded the allocation of funds. Comm. Davis moved to approve replacing the air conditioning and dropping the ceiling in the court room, converting the sally port to a holding cell and placing an awning over the rear entrance to the judge’s chambers on an Invitation to Bid as separate projects and to allow the Construction Crew to handle the projects if their schedule permits. Comm. Rooks seconded and the MOTION CARRIED.

 ORDINANCES

Mr. Alfred Evirs expressed concern at the time it is taking to resolve the junk and debris located on property in his neighborhood. Mr. Fred Moody explained ownership must be clarified before further action can be taken for clean up. Mr. Moody added the property where the mobile homes are being removed are being cleaned but the owner cannot complete the project with the current "no burning ban " which is an option the owner of the property is allowed. Mr. Evirs said he was concerned since his first complaint was in October, 1999 and the situation has not be resolved. Mr. Moody said he would review the neighborhood with Mr. Evirs and request Mr. Rob Corbitt to address the concern expressed by Mr. Evirs on improper living conditions in the area by some of the residents.

 COUNTY LAND

Mr. Billy Cobb advised the closing statement for Phase I of Devil’s Hammock is prepared and the recording fees will be $54.00. Comm. Rooks moved to authorize the Chairman to sign the closing statement. Comm. Davis seconded and the MOTION CARRIED.

 WATER WAYS

Mr. Cobb reported the permits for dredging and repairing the boat ramp at Waccassa have been received and work on the project can commence with funds from the Boating Improvement Fund. Mr. Cobb said Mr. Lee Mills, County Engineer has recommended for the work to be done by county employees to prevent costs from becoming prohibitive. Comm. Yearty moved to have the work done by county employees and to use the Boating Improvement Funds to fund the project. Comm. Rooks seconded and the MOTION CARRIED.

 COMMUNICATIONS

Mr. Cobb reported construction of the Sprint communications tower has commenced.

 ZONING

Mr. Corbitt presented the following petitions for consideration:

Petition No. HA.VA. 00-1 -- Eddie McElroy, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother, Mary L. Holland, on a parcel of land located in the East 438.02 feet of the West 867.55 feet of the SE 1/4 of the SE 1/4 less road right-of-way in Section 2, Township 11S, Range 15E, 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 all medical documentation has been submitted and it complies with policy. Chairman Dean called for opposition and none was presented. Comm. Foley moved to approve the hardship variance. Comm. Rooks seconded and the MOTION CARRIED.

Petition No. PP-00244 -- Croft Land Surveying representing Hartley and Sons, Inc., petitioning the Board for a Preliminary Plat Re-submittal of "Morriswood," a subdivision located in the E ½ of the SW 1/4 of the NW 1/4 and the W ½ of the NW 1/4 and the W ½ of the SE 1/4 of the NW 1/4 and 2 acres in the NW corner of the NE 1/4 of the SW 1/4 and the W ½ of the SW 1/4 of the NW 1/4 and the E ½ of the NW 1/4 of the NW 1/4 of Section 7, Township 14S, Range 19E, in Levy County. Said parcel contains 102 acres more or less and is located within a Rural Residential "RR" zone. The Planning Commission recommends the following: 1) Copy of proposed Deed Restrictions; 2) Documentation on Wildlife and Endangered Species; 3) Variance from Article 4 - Design Standards, Section 4.07 (b) [Section Line Dedication]; 4) Section 3.25 (A) - Lot Sizes Less Than Ten [10] acres (requirement of paved roads).

Mr. Corbitt explained there had been initial opposition at the Planning Commission meeting on the size of one (1) acre tracts, however, the opposition reduced with the inclusion of the ten (10) acre tracts in the plat. Mr. Corbitt added all conditions have been complied with except the paving of SE 35th Street (LCR 536-3) to US Hwy. 41. Comm. Yearty moved to approve the preliminary plat conditional on SE 35th Street being paved to US Hwy. 41 in compliance with Land Use Regulations and the Comprehensive Land Use Plan. Comm. Rooks seconded and the MOTION CARRIED.

Petition No. PP-00246 -- Croft Land Surveying representing Charlon Roberts, petitioning the Board for a Preliminary Plat "Sycamore Acres," a subdivision located in that portion of the W ½ of the NW 1/4 of Section 30, Township 12S, Range 19E, lying West of US 41 and East of LCR 501 and the abandoned CSX Railroad, in Levy County. Said parcel contains 23.80 acres more or less and is located within an Urban Low Density Residential "ULDR" zone. The Planning Commission recommends 1) Copy of deed restrictions; 2) Documentation on Wildlife and Endangered Species; 3) Awareness of the potential mining concerns; 4) Confirmation from FDOT regarding driveway connections.

Mr. Corbitt said opposition was expressed by an individual on a house in the area not being demolished but the individual did not oppose the subdivision. Mr. Corbitt added the Florida Wildlife Commission has provided verbal approval of the site and the FDOT has confirmed approval of the driveway connections. Mr. Corbitt said a copy of the Deed Restrictions have not been provided by the developer but thedeveloper will disclose the active mining operations in the area. Comm. Davis moved to approve the preliminary plat of "Sycamore Acres," with complete required documentation. Comm. Foley seconded. Mr. Corbitt explained clarification was needed on the length of roadway required to be paved on LCR 502 of 25 feet beyond the radius or 172 feet along the subdivision boundary and the MOTION CARRIED.Comm. Yearty moved to require paving 25 feet past the entrance of the subdivision. Comm. Davis seconded and the MOTION CARRIED.

 FIRE DISTRICTS

Mr. Bill Beddow advised the Fire Advisory Board has recommended unanimously a one time increase of $3,000.00 to the current proposed budget for South Levy Volunteer Fire Department. Comm. Davis moved to approve the increase of $3,000.00 on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

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

SE 123 Street off C-337 South in Lake Bonable Subdivision requiring four (4) loads of rock and grading.

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

SW 67th Place in Cedar Key Highlands, the first 1000 feet on the south side has a 25 feet right-of-way and 50 feet right-of-way to the end of the road requiring five (5) 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.

SW 164th Avenue in T.B. Wilson Subdivision with a 22 feet right-of-way requiring two (2) 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.

Cedar Key Heights Subdivision, SW 123rd Terrace from US 24 to Old 6th Street, requiring two (2) loads of limerock and grading with dedicated right-of-ways.

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

Comm. Rooks explained Georgia Pacific Corp. has advised they will deed the right-of-way for access from NW 85th Street to NW 137th Avenue for access to Old Clay Landing Subdivision and Suwannee River Forest and Mr. Martin has agreed to deed his right-of-way to allow the road into the maintenance system. Comm. Rooks moved to take the road into the maintenance system for allow a shorter access for residents. Comm. Foley seconded. Comm. Foley expressed concern on accepting the road into the maintenance system while logging operations are in the area. Comm. Davis recommended a low priority pending completion of logging operations. Mr. Watson explained the area would be ½ mile long, needing minimal clearing and securing the deeds for the right-of-way prior to acceptance into the maintenance and the MOTION CARRIED. Chairman Dean requested Mr. Watson to discuss with local logging concerns on ways to prevent additional damage to roadways.

 CONTRACTS AND AGREEMENTS

Mr. Wayne Hardee presented for approval the waste tire recycling service agreement with Florida Tire Recycling, Inc. Mr. Hardee explained there was not a change in the cost and he is unaware of any vendors who handle this type of operation. Comm. Davis moved to approve the current contract for waste tire recycling. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Hardee said the leachate contracts are expiring and requests approval to renew the contracts or to advertise bids for the service. Mr. Hardee explained the contracts were renewed last year without advertising for bids. Comm. Foley moved to advertise for bids for the leachate hauling. Comm. Rooks seconded and the MOTION CARRIED.

 ORDINANCES

Mr. Fred Moody reported the codification of the ordinances will be prepared by April for conference and attorney review.

LIBRARY

Mr. Larry White reported the initial grant funds have been received and additional funds will be forthcoming.

Mr. White explained the proposed legislation for Sunday hours is not being pursued.

Mr. White said an opportunity to become a government depository library is available and will allow access to copies of state and federal documents at no cost to the library system or patrons. Mr. White said an application will be submitted to be a government depository library with the consent of the board. Chairman Dean polled the board and advised Mr. White to proceed with the application.

Mr. White said the North East Florida Library Information Network makes available staff training, inter-library loan services, automation, consulting, technical skills and enhance ability to obtain materials for an annual membership fee of $450.00 and he will be making application to join the network.

Mr. White said he is preparing an application for a grant up to $125,000.00 through Library Services Technology Act with the State Library. Mr. White explained the grant application is due March 15, 2000 and is requesting approval to submit the grant application pending receipt of all proper documentation. Mr. White said the match would be in- kind services using staff time and no additional funds would be required. Comm. Yearty moved to approve the grant application and authorize the chairman to sign after review by the county attorney. Comm. Davis seconded and the MOTION CARRIED.

 WATER WAYS

Mrs. Krista Kelly explained she had contacted the Department of Environmental Protection (DEP) concerning jurisdiction on Daugherty Bayou for signage and enforcement of no wake or speed zones and was informed permits would need to be obtained by the county for posting signs and enforcement would be the responsibility of the Florida Wildlife Commission. Mrs. Kelly said an ordinance could be drafted and application for the permit made but enforcement of the ordinance would be difficult. Mr. Greg Beauchamp recommended making application for the permit to see if it would be allowed and recommended Mrs. Kelly to obtain a copy of the City of Cedar Key ordinance and determine the procedure. Mr. Charles Green said after further review it appears that local fisherman are using the canal for access to clamming and oystering and damage is being done to his dock and the shoreline.

 EMERGENCY MANAGEMENT SERVICES

Mrs. Paula Lane submitted the agreement for a grant of $24,774.00 with the Department of Community Affairs (DCA) for approval. Comm. Davis moved to approve the grant agreement. Comm. Rooks seconded and the MOTION CARRIED.

Mrs. Lane said the mobile command unit would be displayed in the North Florida Hurricane Expo at the Gainesville Regional Airport.

SHERIFF

Sheriff Glass explained a $12,950.00 reimbursement of aviation services was inadvertently returned as excess revenues. Sheriff Glass asked for the return of the funds to operate the aviation services. Sheriff Glass requested a line item added for aviation services in the budget for tracking funds and expenditures from aviation services. Comm. Yearty moved to transfer the $12,950.00 to the budget for aviation services in the Sheriff Office and to create a line item for aviation services within the Sheriff’s budget. Comm. Rooks seconded and the MOTION CARRIED.

Sheriff Glass reported the x-ray machine used to examine packages in the court house is inoperable and not economical to repair. Sheriff Glass explained there is a limited number of vendors for this type of equipment. Sheriff Glass said if they are able to trade in the old machine the cost will range between $18,000.00 to $19,000.00 and may possibly be able to use the Article V grant funds. Chairman Dean said the approved projects will be bid out and if economies can be maintained there may be sufficient funds from the current grant to purchase the equipment. Mr. Douglas McKoy explained if Chief Judge Cates confirms in writing that an emergency exists, that local funds may be used with reimbursement from the Article V grant funds. Chairman Dean requested Sheriff Glass to contact Judge Cates concerning the matter.

 HEALTH

Mr. Douglas McKoy reported meeting with Partners in Crises an agency dealing with mental health problems in the criminal justice system. Mr. McKoy recommended a review of the current mental health provider during the budget process to determine if current services can be improved for the funding now being expended on mental health services by the county and the sheriff.

 SHIP

Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:

Keleena Kirkland for $6,600.00 to purchase an existing home located at Lots 1 and 2, Block 1, Usher Heights, Chiefland.

Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Davis seconded and the MOTION CARRIED.

 FESTIVALS

Mrs. McQueen said the Suwannee River Naturefest will be held on April 1, 2000. Mr. Cardona explained the Naturefest will be held rain or shine and will have numerous activities at Fanning Springs Recreational Area and the Lower Suwannee Refuge.

TAX CERTIFICATES

Mr. Greg Beauchamp presented List of Lands Available for Taxes from Tax Deed Sales on February 21 and February 28, 2000 as submitted by Mrs. Patty L. Galyean, Deputy Clerk.

 CONTRACTS AND AGREEMENTS

Mr. Beauchamp presented a revised contract for Dr. Donald McCoy as Medical Director for approval. Comm. Davis moved to approve the revised contract and authorize the chairman to sign. Comm. Foley seconded and the MOTION CARRIED.

 SUITS

Mr. Beauchamp reported no further activity on current legal actions.

 FIRE DISTRICTS

Comm. Davis explained the contract for the Volunteer Fire Departments has been reviewed by the various departments and they have agreed to accept the changes to the contract. Comm. Dean said the revised contract allows for a greater accountability on the expenditure of funds by the fire departments. Mr. McKoy said the contract provides measures which allow information to be readily available for audits. Comm. Davis moved to approve the contract for the Volunteer Fire Departments and the contract for municipalities to provide fire service and disbursements to be made quarterly. Comm. Rooks seconded and the MOTION CARRIED. Comm. Davis said documentation must be provided on expenditures at the end of each quarter and recommended continuing to pay at the end of each quarter.

 COMMISSIONERS

Comm. Rooks said inquiries have been made concerning bingo halls being established in the county and requested Mrs. Kelly and Mr. Beauchamp to review current ordinances for the operation of bingo halls.

 ROAD AND BRIDGE DEPARTMENT

Chairman Dean advised the Division of Forestry, State of Florida has requested the Road Department to assist in placing warnings on county road ways for severe smoke conditions. Mr. Beauchamp advised if a request is made to place signs where a hazard exists on a county road way action should be taken without delay to reduce a liability exposure. Chairman Dean recommended assisting when contacted in placing warning signs and to develop a policy to recoup expenses incurred from the responsible party.

 COMMISSIONERS

Chairman Dean reminded each commissioner the American Cancer Society, Relay for Life was requesting personal donations.

Chairman Dean requested a volunteer to attend the Suwannee River Livestock Fair on behalf of the board. Comm. Davis said he would attend and make a purchase on the behalf of the commission at their personal expense.

 DEVELOPMENT DEPARTMENT

Mr. Corbitt requested approval to close the Development Department and Planning Department on Friday, March 17, 2000 to facilitate the move of the office to the First Federal Office Building. Chairman Dean approved and advised Mr. Corbitt to notify the public the office would be closed.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 Wilbur Dean, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court