REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 17, 2000
The Regular Meeting of the Board of Levy County Commissioners was held on October 17, 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 Comm. Foley followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Foley moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 26998-27205
GENERAL FUND $279,895.16
ROAD & BRIDGE FUND 350,004.22
LIBRARY 7,128.43
PERMANENT MOSQUITO 2,359.00
MEDIATION 100.00
COURT SERVICES 8,042.23
LANDFILL & RECYCLING 19,400.11
COURT FACILITIES 47.00
FLORIDA POWER GRANT FUND 612.56
EMERGENCY MEDICAL SERVICE 14,591.66
FIRE CONTROL 26,204.00
JUDICIAL GRANT 27,326.65
DRUG TASK FORCE 3,200.00
ADD REV BOND DEBT SERVICE 44,408.00
UTILITIES 911.09
TOTAL $784,230.11
MINUTES
Comm. Davis moved to approve the minutes of the special meeting of September 29, 2000 and the regular meeting of October 3, 2000. Comm. Foley seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin presented the following bids for supplies for the Road and Bridge Department:
Hipp Construction No bid presented.
Central Materials Item 2 - Coal mix material $43.00 per ton delivered, $36.00 F.O.B. from Lecanto asphalt plant.
E. A. Mariani Asphalt Emolusin Rapid Set $.92 per gallon, freight charge $315.62 per load.
Chairman Dean requested Comm. Foley, Kelly Jerrels, and Billy Cobb to review the bids and determine if the bids meet the advertised specifications and report on their findings.
MISCELLANEOUS
Mr. Sam Wasson presented a proclamation recognizing November 11 - 18, 2000 as "Veteran’s Appreciation Week." Comm. Rooks moved to approve the proclamation recognizing "Veteran’s Appreciation Week." Comm. Davis seconded and the MOTION CARRIED.
SUPERVISOR OF ELECTIONS
Mrs. Connie Asbell said a budget amendment was need to increase her budget in the amount of $36,800.00 for this quarter, due to the elections. Mrs. Asbell explained there were considerable costs in this quarter but this did not change her annual budget only the distribution. Comm. Rooks moved to approve a budget amendment of $36,800.00. Comm. Davis seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Dean said allegations have been made indicating the Board would be hiring Clerk of Court Douglas M. McKoy as fiscal officer for the Board and advised this action was not being taken. Comm. Yearty said Mr. Danny Shipp has been elected Clerk of Court and will be the fiscal officer and Clerk and has the support of the Commissioners.
Comm. Foley said Mr. Shipp has requested an independent firm to perform an audit prior to his assuming office. Comm. Foley moved to approve an independent audit with a firm approved by Mr. Shipp and the Board. Comm. Davis seconded and the MOTION CARRIED.
Mr. C. W. Gilbert said he recommended replacing the current county administrator and asked for his immediate termination. Comm. Yearty said an effort has been made for changes but no action would be taken under pressure.
ZONING
Mr. Rob Corbitt said a request has been received from Mr. Gary Hartley for a six (6) month extension on the preliminary plat of "Morriswood" to complete all engineering and construction phases necessary for a final plat. Comm. Yearty moved to approve a six (6) month extension on the preliminary plat known as "Morriswood." Comm. Rooks seconded and the MOTION CARRIED.
Mr. Corbitt said a policy is needed to address electrical services to hunt camps. Mr. Corbitt said an ordinance was adopted in 1981 but problems are arising with requests for additional utilities. Comm. Yearty said this is a complex matter involving electrical, septic and potable water supplies and recommended that a workshop be scheduled for December 5, 2000 to consider any changes in the ordinance or policy.
AGENCIES
Mr. Jim LaRue presented a copy of policy prepared by the Small County Technical Assistant Services outlining grant assistance programs for economic development and possible existing revenue sources. Mr. LaRue said he would be available at the legislative conference to discuss the policy.
ZONING
Mr. Corbitt presented the following petition for consideration on the conclusion of approval:
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 ½ of the SW 1/4 of Section 25, Township 10S, Range 14E, in Levy County. Said parcel contains 48.5 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Comm. Yearty said the county engineer, Mr. Lee Mills has reviewed the concurrency standards for the traffic patterns. Comm. Yearty added this complex will contribute to employment of approximately 30 jobs, and will attract other agriculture industry along with providing a possible answer to the disposal of animal waste from dairy farms. Comm. Yearty said Biomass Processing Technology, Inc. has agreed to post a $100,000.00 bond prior to issuance of any permit to contribute to the costs of improving the infrastructure of LCR 341 and adding a turn lane for the entrance of the facility. Comm. Yearty moved to approve the petition for a Conditional Use Permit with the following conditions
1. 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).
2. Require the applicant to post a $100,000.00 bond to compensate Levy County for the necessary road improvements required to meet the Applicant’s obligation of concurrency.
3. Require the access to the facility (north bound) off LCR 341 to be improved with a de-acceleration; an acceleration lane for trucks leaving the facility (north bound); and a turning lane capable of storing two (2) semi trucks entering the facility south bound.
4. 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, require to operate the plant prior to operation of the plant. Require at the time of request for building permits, the applicant is to provide a copy of the permits required by the Water Management District for the surface water management system and water use only.
5. 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.
6. 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.
Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
NE 104 Court from NE 68 Lane to NE 72 Street, .25 mile located in University Estates, with seven (7) loads of rock and grading, for an estimated cost of $700.00.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
SW 123 Terrace located in Cedar Key Heights, three (3) loads of rock and grading for an estimated cost of $400.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis for that portion with public right of way. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Foley said a request from property owners for road widening and maintenance on LCR 125 and petitions have been submitted for continuing with the road clearing, widening and maintenance and from residents opposed to the maintenance, road clearing and widening. Mr. John Walker said he circulated his petition only to those residents who actually use LCR 125 and has supplied photographs of the roadway and is requesting the roadway be cleared to allow for two lanes of traffic with the trees being removed from the south side of the roadway. Mrs. Louise Stokes said she was informed that the trees would not be removed from the north side of the roadway which borders on her property and found the road department was clearing on the north side of the road way. Ms. Jan Criser said she would like a less drastic solution to be found in order to protect the privacy level, the dust and noise barrier provided by the trees. Chairman Dean asked Comm. Foley to meet with the residents to try and reach a compromise to.
AGENCIES
Ms. Krista Kelly said Mr. Lannie Cardona of the Nature Coast Business Development Council, Inc. is extending an invitation for one (1) commissioner to attend the workforce seminar on Thursday, October 26, 2000 from 8:00 a.m. to 12:00 p.m. with the Economic Development Committee at the Central Florida Community College campus in Chiefland. Comm. Foley said he would attend the seminar.
SHERIFF
Sheriff Glass presented the Certification of Acceptance of the Subgrant Award for the Edward G. Bryne grant in the amount of $128,753.00 with a local match of $42,918.00 for a total cost of $171,671.00 to be used by the Levy/Gilchrist Multi-Jurisdictional Task Force IX. Comm. Rooks moved to approve the Certification of Acceptance. Comm. Davis seconded and the MOTION CARRIED.
ATTORNEY, COUNTY AND STATE
Mr. Greg Beauchamp presented a request from Stacy A. Scott for appointment to the Conflict Attorney List. Comm. Yearty moved to approve the appointment of Stacy A. Scott. Comm. Rooks seconded and the MOTION CARRIED.
COUNTY ATTORNEY
Mr. Beauchamp said a request for a proclamation to recognize National Hospice Month has been submitted and it will be presented at the November 7, 2000 meeting.
Mr. Beauchamp said two (2) public hearings for road closings will be heard on November 7, 2000.
LEGISLATIVE
Comm. Rooks said the Florida Association of Counties is supporting legislation to eliminate local match funds on grant applications for rural counties with populations of 75,000 or less. Comm. Rooks explained the smaller rural counties are unable to apply for some grants due to the local match requirements.
Comm. Rooks said the Florida Association of Counties is also supporting legislation at the state level for additional funding for the transportation disadvantage programs.
ANIMAL CONTROL
Comm. Rooks said the committee has discussed separating Animal Control from Landfill and recommends making Mr. Ron Shilts the department head. Comm. Rooks moved to make Animal Control an independent department. Comm. Davis seconded. Comm. Rooks said Mr. Shilts has been working in Animal Control for 12 years and is qualified for the position and has been recommended by Mr. Wayne Hardee the current department head. Comm. Rooks said the humane society is working to have the animals adopted and there has been a noticeable improvement this year with their assistance in having the animals adopted. Mr. Barry Miller said he was concerned on the procedure for euthanasia of the animals and he recommended awaiting any decision until the two (2) new commissioners were installed. Mr. Tony Parker said he did not have complete information and would prefer to have a clearer understanding before any decision was made. Comm. Rooks rescinded her motion to allow the two (2) incoming commissioners to review the recommendation. Comm. Davis rescinded his second.
Comm. Rooks said Mr. Hardee is a certified animal control officer but with three (3) employees in Animal Control and as a separate department it will allow for the exploration of additional grants to provide funding and will alleviate some of the work load Mr. Hardee is responsible for.
Mr. Leo Flynn said it was his understanding the Mr. Benny Jerrels was the department head for Recycling. Comm Rooks said Mr. Hardee is department head for Recycling, Landfill, Animal Control and Parks and Recreation and Mr. Benny Jerrels is the assistant department head for Recycling.
BUDGET
Mr. Wayne Janney inquired into the amount of reserves held by the county. Chairman Dean said the Debt Service has approximately 9 million to 10 million dollars with approximately 7 million dollars pledged to pay off debt. Comm. Yearty said including all grants and department budgets the county budget is 48 million dollars.
MISCELLANEOUS
Mr. Janney said he understood that Chairman Dean would be replacing Mr. Billy Cobb as County Administrator. Chairman Dean said according to state law an elected official in not eligible to work in any capacity of the public body he has served as an elected official for one (1) year.
ROAD MAINTENANCE
Mr. Leo Flynn said he would like to have his street placed on the paving list. Chairman Dean recommended Mr. Flynn contact Mr. Kelly Jerrels or Mr. Justin Watson with the Road Department for submission to the Board.
ORDINANCES
Mr. Fred Moody said the proof copy of the Codification of Ordinances is being reviewed and procedures for a citation process are being reviewed. Mr. Moody said the Codification of Ordinances should be completed and ready for implementation within three (3) to four (4) months.
PLANNING, COUNTY
Chairman Dean called the public hearing to order at 1:30 p.m. for the consideration of the Adoption of Future Transportation Map Series, Large Scale Comprehensive Plan Amendment LSA-00-02. Ms. Kelly presented the amendment report explaining the Future Transportation Map Series required by Chapter 163 F.S. and 9J-5 and asked for a recommendation for transmittal. Ms. Kelly said the only objection received on the initial submission was to change the date on the maps from 2005 to 2010. Ms. Kelly said approval of an ordinance to amend the Levy County Comprehensive Plan, Transportation Element to include a Future Transportation Map Series for transmittal to the Department of Community Affairs (DCA) would need to accompany the map series. Comm. Yearty moved to approve the ordinance and the Large Scale Plan Amendment for adoption of the Future Transportation Map Series. Comm. Davis seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Comm. Foley said the current widening of US 27 Alternate only allows for one turn out for the Road Department and could very well create a safety hazard for the amount of traffic from employees. Comm. Davis recommended contacting Senator Richard Mitchell for assistance in obtaining an additional turn out lane at the Road and Bridge Department.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow said three (3) employees had attended paramedics school using their annual leave and have made a request for it to be returned. Comm. Rooks moved to reinstate the annual leave for the three (3) employees who attended paramedics school. Comm. Foley seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. Lee Mills said the resurfacing project of LCR 347 requires additional shoulder work and requires approximately 2500 to 3000 cubic yards of fill dirt at a cost of $10.75 per cubic yard for approximately $27,000.00. Mr. Mills explained the funding is from the Small County Assistance Program and this additional amount will not exceed the allocation on the grant for the resurfacing project. Chairman Dean explained that if the county supplied the fill dirt and did the work under the terms of the grant the money could not be recouped. Comm. Rooks moved to approve the additional allocation for the contract for resurfacing LCR 347. Comm. Davis seconded and the MOTION CARRIED.
ADDRESSING 911
Mrs. Tonee Fallender said direction on disposing of two (2) obsolete computers is needed. Mrs. Fallender said one of the computers had been transferred to the Maintenance Department for disposal at the annual sale and the other computer had been provided to Mr. Bob O’Neil in the Clerk’s office. Mrs. Fallender said she has received a request for Mr. John McCathrin at the Sheriff’s Office for the two (2) computers. Chairman Dean said if the computers can be utilized by the Sheriff’s Office in their 911 Department they should be transferred there.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Wilbur Dean, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court