REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 3, 2000
The Regular Meeting of the Board of Levy County Commissioners was held on October 3, 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
County Administrator - William C. Cobb
The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Herb Heesch followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Davis moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 26986-26997
GENERAL REVENUE 641,705.84
ROAD & BRIDGE FUND 6,111.61
COURT FACILITIES 28.00
FIRE CONTROL 8,183.75
TOTAL $656,029.20
MINUTES
Comm. Davis moved to approve the minutes of the regular meeting of September 19, 2000 and the special meetings of September 15, 2000, September 18, 2000 and September 25, 2000. Comm. Foley seconded and the MOTION CARRIED.
AGENCIES, STATE
Mr. Herb Heesch said the Division of Forestry is requesting permission to spray right of ways contiguous to Goethe Forest for the eradication of "cogon grass". Mr. Heesch explained this is an exotic species of grass introduced into the state and is now forcing out native specifies. Mr. Heesch said the Division of Forestry would be using no toxic chemicals that are not soil active and that they would assume the costs for the eradication on lands adjoining the state forest. Comm. Yearty moved to enter into an agreement with the Division of Forestry to eradicate "cogon grass". Comm. Davis seconded. Comm. Yearty requested Mr. Justin Watson to meet with the biologist studying the problem for Goethe Forest for information on how it will affect the right of ways owned by the county and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Lannie Cardona said a renewal agreement is needed for the new fiscal year with Nature Coast Business Council, Inc. (NCBC) formerly Levy County Development Authority. Comm. Davis moved to approve the agreement with Nature Coast Business Council, Inc. for the 2000-2001 fiscal year. Comm. Rooks seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Cardona said a resolution is required for the transfer of the funds and equipment for Levy County Development Authority to Nature Coast Business Council, Inc. to be in compliance with the Internal Revenue Service requirements for non-profit organizations. Comm. Yearty moved to adopt the resolution transferring all assets of the Levy County Development Authority to Nature Coast Business Council, Inc. Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. John Walker said he was inquiring on the improvements which were began on LCR 125 and have now been halted. Comm. Foley explained LCR 125 was on the maintenance system and there is approximately 1/4 mile from C339 east to the end needs to be taken into maintenance with minor clearing. Comm. Foley said the right of way has been dedicated to the public and construction for widening the road had commenced until some opposition was voiced. Mr. Beauchamp said the county has a legal right to clear the property to widen the road, however, a petition for support of the action could be requested. Comm. Foley moved to request the property owners submit a petition requesting the road to be cleared and widened. Comm. Davis seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mrs. Barbara Locke presented the contract for fiscal year 2000-2001 for the Levy County Health Department. Mrs. Locke explained the funding amount has remained the same but an increase will be found on fees that may be collected. Mrs. Locke said an administration fee of $10.00 has been added to the cost of vaccinations. Comm. Yearty moved to approve the contract with the health department. Comm. Davis seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Billy Cobb presented a resolution from Suwannee River Water Management District (SRWMD) for the lowering of fees for public use permits allowed for counties with a population of less than 50,000 and the millage rate over 8 mils. Comm. Yearty moved to adopt the resolution. Comm. Davis seconded and the MOTION CARRIED.
COUNTY ENGINEER
Mr. Cobb presented the renewal contract with Mills Engineering Company as the consultant engineer for the county. Mr. Cobb said the hourly rate for the project engineer has increased from $60.00 to $65.00 per hour and the hourly rate for the design engineer has increased from $50.00 to $60.00 per hour. Comm. Yearty moved to approve the consulting engineer contract. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for resurfacing:
Resurfacing of road LCR 518 from US 27 to C335, 1.2 miles long, 20 feet wide.
Comm. Davis moved to approve resurfacing LCR 518 from US 27 to C335. Comm. Foley seconded and the MOTION CARRIED.
Resurfacing of LCR 415 from C341 to LCR 416 a distance of one (1) mile.
Comm. Rooks moved to approve resurfacing LCR 415 from C341 to LCR 416. Comm. Yearty seconded and the MOTION CARRIED.
Resurfacing of LCR 227, McKenzie Avenue from C341 to NW 12 Drive, a distance of 0.30 miles.
Comm. Foley moved to approve resurfacing of LCR 227, McKenzie Avenue from C341 to NW 12 Drive. Comm. Davis seconded and the MOTION CARRIED.
Resurfacing of LCR 256, NW 174 Street, from US 19 west to the end of the road, a distance of 0.23 miles, with a 50' right of way.
Comm. Rooks moved to approve the resurfacing of LCR 256, NW 174 Street, from US 19 west to the end of the road. Comm. Yearty seconded and the MOTION CARRIED.
Resurfacing of LCR 486, NW 80 Court, from SR 320 to LCR 407, NW 120 Street, for 0.50 miles, with a 50' right of way.
Comm. Rooks move to approve the resurfacing of LCR 486, NW 80 Court, from SR 320 to LCR 407, NW 120 Street. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Yearty said the resurfacing projects should be scheduled for the most economical movement of the equipment.
Mr. Watson presented the following requests for maintenance on a one (1) time basis:
NE 139 Terrace and NE 50th Place, two (2) loads of rock and grading, estimated cost $220.73.
Comm. Davis moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 90 Avenue from NE 80 Street to NE 81 Street, located in University Estates, grading only, estimated cost $67.00.
Comm. Davis moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 95 Street located in University Estates, from NE 105 Avenue to NE 110 Avenue, grading only, estimated cost $66.36.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
NE 100 Street from NE 105 Avenue to NE 107 Court in University Estates, eight (8) loads of rock and grading, estimated cost $551.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Watson said a request has been submitted by the Suwannee River Fairgrounds Committee to have approximately 1 ˝ acres cleared, consisting of pushing and burning. Mr. Watson said the estimated cost of the project is $1,000.00 per acre. Comm. Yearty moved to approve the project and requested Gilchrist and Dixie counties be contacted to share the cost or the equipment. Comm. Rooks seconded and the MOTION CARRIED.
ORDINANCES
Chairman Dean called the public hearing for the proposed ordinance to allow a tax abatement for Sebring Marine Industries, Inc. d/b/a Monterey Boats. Mr. Greg Beauchamp read the proposed ordinance which allows a tax exemption for nine (9) years for Monterey Boats. Comm. Davis moved to adopt the ordinance allowing the tax exemption based on the number of employees hired by Monterey Boats. Comm. Rooks seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition for a change of zoning as follows:
Petition No. CZ 00-1 - Loy Ann Mann, petitioning the Board for a Change of Zoning from Low Density Residential "LDR" to Commercial "C-2" to accommodate a retail sales, personal services and public buildings etc., on a parcel of land located in the SE 1/4 of Section 27, Township 11S, Range 14E, in Levy County. Said parcel contains 9.82 acres more or less.The petition is recommended for approval by the Planning Commission.
Comm. Rooks moved to approve the petition request for a Change of Zoning from "LDR" to "C-2." Comm. Yearty seconded and the MOTION CARRIED.
Petition No. CU 00-1 - Richard Schroeder (representative of Biomass Processing Technology, Inc.) petitioning the Board for a Conditional Use Permit to construct a facility to convert agricultural biomass into animal feed and related products, on a parcel of land located in the NW 1/4 of the SW 1/4 and the S ˝ of the SW 1/4 in Section 25, Township 10S, Range 14E, in Levy County. Said parcel contains 48.5 acres more or less and is located within an Agricultural/Rural Residential "A/RR" zone. The petition is recommended for approval by the Planning Commission with the following conditions:
- Require the applicant to use a specific route to avoid densely populated areas, lessen traffic congestion and the mixing of school buses with large trucks. However, local loads to or from the facility should not be required to travel on the specified route as a large percentage of Levy County’s road system were constructed under the "Farm to Market Road Initiative". (Local loads are those that begin and terminate from locations in Levy County).
- Require the cost of the improvement to the roads used for the transport of the raw materials to the facility, and the finished products from the facility, (reaching an estimated 91 trucks per day) to be bore by the applicant on a pro-rata basis. The County Engineer will use standard traffic engineering practices to make a recommendation to the County Commission prior to final action on this petition as to what percentage and dollar amount will be required from the applicant to improve the truck route from the state highway system to the facility.
- Require the access to the facility off LCR 341 to be improved with a turn lane capable of storing at least two (2) semi trucks, and an acceleration (approach) lane leaving the site to the south toward LCR 214.
- Require all improvements to the county road system to be completed prior to opening the facility for production, or at a minimum, require the applicant to post a bond equal to the pro-rata amount determined by the County Engineer.
- If approved, require the applicant to provide a copy of all necessary permits from the (State of Florida) Department of Environmental Protection and (Federal) Environmental Protection Agency, required to operate the plant prior to the operation of the plant. Require at the time of request for building permits, the applicant to provide a copy of the permits required by the Water Management District for the surface water management system and water use only.
- If approved, require that approval is based on the submitted site plan and information provided in the application. Any substantial modification of the site plan and/or land use shall require an amendment to the permit.
- If approved, require the applicant to coordinate with Levy County Office of Emergency Management to have in place a disaster plan in case of an emergency due to chemical leakage, fire or other problems that may possibly arise.
Mr. Schroeder explained the facility will use biomass products specifically from Alliance Dairy but also from area farmers to develop animal feed. Mr. Schroeder said when the facility is fully operational it will employee approximately 40 people.
Mr. Lee Mills said testing has been done on LCR 341 and LCR 214 and the results have not yet been received. Mr. Mills explained the initial inspection revealed that LCR 214 does not have the structural grade of LCR 341 and adding to the structural grade will increase the longevity of the surface of the road. Mr. Mills said the roads could be resurfaced or the structural grades improved and the roads resurfaced as another alternative but the test results are needed to make a formal recommendation. Comm. Yearty moved to approve the petition for a Conditional Use Permit including the recommendations of the Planning Commission, to construct a facility to convert agricultural biomass into animal feed and related products subject to an agreement on the road construction of LCR 341 and LCR 214. Comm. Davis seconded. Mr. Greg Beauchamp recommended to continue the issue on the road construction for two (2) weeks to address the road system and the MOTION CARRIED.
ANIMAL CONTROL
Ms. Terri Schiponis said the humane society was still functioning as a rescue organization for animals and asked if a decision had been made to waive the $20.00 fee. Comm. Rooks said the committee had discussed this issue and were recommending the $20.00 fee be waived for the humane society. Comm. Rooks moved to waive the $20.00 fee for the humane society for the adoption of animals. Comm. Davis seconded. Comm. Rooks said the waiving of the fee would allow the humane society to provide their services at a lower cost and they would provide the county with the documentation that the animals had been neutered, spayed and received their vaccinations and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen submitted the following Deferred Payment Loan Agreement for consideration:
Jerry Gamble, Jr., 520 SE 5 Avenue, Chiefland, Lot 9, Southern Heights S/D, Plat Book 8, page 56, Section 6, Township 12S, Range 15E to purchase a home in the amount of $15,000.00.
Comm Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Foley seconded and the MOTION CARRIED.
Mrs. McQueen said a foreclosure process on a Deferred Payment Loan Agreement for Catherine Cardiff for defaulting on the first mortgage is proceeding and a request has been made for a Satisfaction of Mortgage from the county for the second mortgage from the SHIP loan. Mrs. McQueen said the request has been reviewed by legal counsel and to proceed as the second position would not be economically feasible in the foreclosure process. Mrs. Renata Cannon asked what amount would the county lose in the foreclosure. Mrs. McQueen said the loan for the second mortgage was $9,500.00 and allowing credit for the time period that the home was lived in reduced the second mortgage amount to $8,513.00. Comm. Davis moved to approve the Satisfaction of Mortgage. Comm. Yearty seconded and the MOTION CARRIED.
Mrs. McQueen said a request has been made by a resident who previously had assistance provided for home repairs for additional assistance from the SHIP program. Mrs. McQueen said the current policy does not allow for any additional assistance as it only allows for a one (1) time utilization of SHIP funds. Comm. Yearty moved to deny the request for additional assistance of SHIP funds in accordance with the current policy. Comm. Davis seconded and the MOTION CARRIED.
PARKS AND RECREATION
Mr. Wayne Hardee presented a grant agreement with Florida Recreational Development for $50,000.00 with no matching funds, allowing for improvements at the Wacassassa boat ramp and park. Comm. Yearty moved to approve the grant agreement. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Yearty requested Mr. Hardee, Mr. Corbitt, Ms. Krista Kelly, and Mr. Watson to review the site plan at the boat ramp and determine if additional parking area can be found.
PLANNING COMMISSION
Mr. Corbitt said an alternate is needed for the Planning Commission.
ROAD CLOSINGS
Mr. Beauchamp presented two (2) resolutions requesting road closings for the following:
Mr. James F. and Mrs. Terri J. Dewey requesting a road closing of all of Moorehaven Drive (NE 1111th Avenue) in University Oaks with the public hearing to be held November 7, 2000 at 10:30 a.m..
Comm. Davis moved to approve the resolution for the proposed road closing. Comm. Yearty seconded and the MOTION CARRIED.
Owen Baynard representing Linda Baynard for a road closing in Catherine Heights of that part of Smith Avenue and Green Street, as per plat thereof recorded in Plat Book 3, Page 3, Page 30 of the Public Records of Levy County, Florida, more particulary described as follows: All that part of Green Street lying north of a westerly extension of the south line of Lot 83 of said Catherine Heights, and all that part of Smith Avenue lying west of a line parallel with and 50.00 feet east of the northwest corner of Lot 100, of said Catherine Heights..
Comm. Rooks moved to approve the resolution for the proposed road closing. Comm. Foley seconded and the MOTION CARRIED.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp presented a request from Mr. G. Ray Cauthon, III to be appointed to the conflict attorney list. Comm. Yearty moved to approve Mr. Cauthon to the conflict attorney list. Comm. Rooks seconded and the MOTION CARRIED.
SALARY AND WAGES
Comm. Foley presented the following recommendations for salary increases:
Judy Dias, Mosquito Control, for a pay increase from $10.3301 to $10.8301 per hour, effective October 2, 2000.
Comm. Foley moved to approve the salary increase request. Comm. Davis seconded and the MOTION CARRIED.
Ronald Shilts, Animal Control, for a pay increase from $10.9143 to $11.4143 per hour, effective October 2, 2000.
Comm. Foley moved to approve the salary increase request. Comm. Rooks seconded and the MOTION CARRIED.
Harold Durrance, Mosquito Control, for a pay increase from $9.4640 to $9.9640 per hour, effective October 2, 2000.
Comm. Foley moved to approve the salary increase request. Comm. Davis seconded and the MOTION CARRIED.
Eva Dixon, Parks and Recreation, for a pay increase from $6.2767 to $6.7767 per hour, effective October 2, 2000.
Comm. Foley moved to approve the salary increase request. Comm. Rooks seconded and the MOTION CARRIED.
Johnny Pendarvis, Landfill, for a pay increase from $8.7880 to $9.288 per hour, effective October 2, 2000.
Comm. Foley moved to approve the salary increase request. 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