REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
January 2, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on January 2, 2001 at 10:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Sammy Yearty
Vice Chairman Don Foley
Comm. Danny Stevens
Comm. Tony Parker
Comm. Lilly Rooks
Also present were:
County Attorney - Gregory V. Beauchamp
County Administrator - William C. Cobb
The Chairman called the meeting to order at 10:00 a.m.. The invocation was given by Reverend Ron Cason by followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Foley moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 28099 - 28267
GENERAL FUND $713,390.65
ROAD & BRIDGE FUND 74,527.69
LIBRARY 4,220.06
PERM. MOSQUITO CONTROL 221.50
MEDIATION 17.58
COURT SERVICES 10,737.18
LANDFILL 24,256.88
COURT FACILITIES 3,717.19
EMS 36,310.81
SPECIAL CONSTRUCTION 5,360.68
CRIMINAL JUSTIC TRUST 176.01
FIRE CONTROL 10,172.07
JUDICIAL GRANT 6,177.66
COMMUNICATIONS 2,345.41
JUVENILE JUSTICE 128.74
BOND DEBT SERVICE 141,852.62
UTILITIES FUND 604.45
MSTU-HEATHERWOOD 4,652.45
MSTU-RAINBOW LAKES ESTATES 127.10
TOTAL $1,038,996.73
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of December 19, 2000. Comm. Stevens seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition for a Hardship Variance:
Petition No. HAVA 00-8 --- Muriel Renzulli, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her son, Michael D. Renzulli to care for her on a parcel of land located in Rustling Pines, Lot 3, Block D, in Section 11, Township 12S, Range 14E, in Levy County. Said parcel contains 2.5 acres and is located within an Agriculture/Rural Residential "A/RR" zone. The parcel number is 17609-000-00 and the current 911 address is 6150 N. W. 82nd Lane.
Mr. Corbitt said all documents establishing the hardship request have been submitted. Comm. Rooks said there is a hardship and there are medical statement to support the request. Comm. Rooks moved to approve the hardship variance for Muriel Renzulli. Comm. Foley seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a Change of Zoning:
Petition No. CZ 00-3 --- Janet Anderson and Joe Morales, petitioning the Board for a Change of Zoning to C-3, to allow the construction of a Corporate Headquarters building used to house a retail sales area including a display and showroom area, warehouse and administrative office, on a parcel of land located in the SE 1/4 (Parcel No. 05152 containing 107.14 acres) and a Tract in the NW 1/4 of the SE 1/4 (Parcel No. 05154 containing .13 acres) both in Section 9, Township 13S, Range 19E, in Levy County. Said parcels containing 107.27 acres more or less. The Planning Commission recommends approval for the change of zoning for six (6) acres only.
Mr. Corbitt said a condition had been recommended by the Planning Commission which must be disallowed on advice from counsel concerning petitions for change of zoning.
Mrs. Harriet Downs said the group she was representing did not object to the request for a Change in Zoning to C-3, but would oppose the request if it allowed a gun range on the site.
Mr. Joe Morales said all requirements for the change in zoning had been met and did not believe the request if approved would be detrimental to the area.
Mr. Charles Rickle said the type of facility being proposed by Mr. Morales would generate additional economy by people using the sporting clay ranges and participating in planned tournaments.
Mr. Morales said the change of zoning would allow for him to relocate his current business to this site. Mr. Morales explained he has seven (7) employees, and handles gun smithing, choke tubes, alteration to aluminum gun cases with retail sales of shot guns and rifles.
Mrs. Downs said surrounding residents were concerned on the noise generated from a gun range.
Mr. Zamora said Mr. Morales conducted a noise study on the property and he was not aware of it until they were directly at his property line and does not have a problem with the site.
Comm. Stevens moved to approve the request for a change of zoning to C-3 on the six (6) acres as designated. Comm. Parker seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a Conditional Use Permit:
Petition No. CU 00-3 --- Janet Anderson and Joe Morales, petitioning the board for a Conditional Use Permit to allow light manufacturing (patented choke tubes and aluminum gun cases), customized gun smithing to pre-manufacture shot guns, skeet, trap and open gun range for testing shotgun pattern etc., on a parcel of land located in the SE 1/4 (Parcel No. 05152 containing 107.14 acres) and a Tract in the NW 1/4 of the SE 1/4 (Parcel No. 05154 containing .13 acres) both in Section 9, Township 13S, Range 19E, in Levy County. Said parcels contain 107.27 acres more or less. The Planning Commission recommends approval with the submission of a noise study.
Mr. Corbitt recommended additional conditions: no change in the use of the property without proceeding through the amendment process; no sale or transfer of property to reduce the size of the parent parcel which may reduce the set backs; have the applicant set forth the times of operations with a cap on the number of events to be held each year; only allow guns with a maximum 7 ½ shot and no action until the certificate of occupancy is obtained, provide remote toilet facilities and adequate temporary toilets during approved organized events. Mr. Corbitt said the applicant had supplied a noise study.
Mr. Morales said the hours of operation for the skeet, trap and open gun range would be limited to Thursday from 9:00 a.m. to 5:00 p.m., Saturday from 9 a.m. to 4:00 p.m. and Sunday from 11:00 a.m. to 5:00 p.m. after discussing the hours of operation with the nearest landowner.
Mrs. Downs said there is opposition to the Conditional Use Permit because of the noise nuisance and depreciation of land values.
Mr. Morales explained how the skeet shooting would be handled and the number of people on the range at one time and how the noise test was conducted.
Comm. Stevens moved to approve the Conditional Use Permit as recommended. THE MOTION DIED FOR LACK OF A SECOND.
Comm. Parker moved to table the petition for a Conditional Use Permit until January 16, 2001 to obtain additional information. Comm. Foley seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin presented the following bids submitted for sod:
O. B. Brooks & Sons Grassing
Option 1 $27.50 per pallet
Option 2 $37.50 per pallet
J & N Sod Farms, Inc.
Option A $26.00 per pallet
Option B $36.00 per pallet
Benny Jerrels Sod
Option 1 $24.00 per pallet*
Option 2 $45.00 per pallet*
*$5.00 charge for each damaged or non-returned pallet.
Chairman Yearty request Comm. Foley, Billy Cobb and Justin Watson to review the bids and to report with their findings.
GRANTS
Mr. Lannie Cardona presented the Economic Development Transportation Fund Application and supporting data to be submitted to EnterpriseFlorida for a grant to assist in the road project on LCR 214 and LCR 341 improving access to the Biomass Processing Technology, Inc. site. Mr. Cardona said the grant application must be accompanied by a Letter of Transmittal. Mr. Cardona explained if Biomass Processing Technology, Inc. locates in Levy County it will provide additional employment and will be a 60 million dollar investment.
SAFETY
Mr. Mike McCollum said he is concerned about county employees operating county vehicles and not wearing seat belts. Chairman Yearty said a memorandum will be sent notifying all employees that the law requires the use of seat belts.
ROADS, COUNTY
Mr. Steve McMillen requested consideration of his petition for a voluntary annexation of a portion of N. E. 170th Avenue, a.k.a. LCR 106 into the City of Williston. Mr. McMillen explained this portion of road intersects between the city limits of Williston and his property which he wants have voluntarily annexed into the city. Mr. Beauchamp said normal policy has been to notify the municipality if there is no objection but not to petition for annexation. Comm. Stevens moved to notify the City of Williston that the county was not opposed to a voluntary annexation of that portion of N. E. 170th Avenue. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Tonee Fallender said this will alter Mr. McMillen’s 911 address from the surrounding area.
COMMISSIONERS
Chairman Yearty presented the Committees for 2001.
BIDS
Comm. Foley said the committee met on the bids for sod and recommends accepting the low bid from Benny Jerrels Sod at $24.00 per pallet on Option #1(A) and from J & N Sod Farms, Inc. at $36.00 per pallet on Option #2 (B) with the exception to accept the next low bid on Option #1 from J & N Sod Farms, Inc. at $26.00 per pallet if the possibility arises. Comm. Foley moved to accept the sod bids as per the recommendation of the committee. Comm. Parker seconded. Comm. Stevens inquired on the charge of $5.00 per damaged or unreturned pallet. Mr. Benny Jerrels said all companies charge for damaged or unreturned pallets. Comm. Stevens asked if there was a conflict with Mr. Jerrels being a county employee and submitting a bid. Mr. Greg Beauchamp explained the action could lend itself to criticism but it is an open and above board bid and is not and illegal action. Mr. Beauchamp said many municipalities and governments have a policy preventing employees from submitting bids. Comm. Foley, Comm. Parker and Chairman Yearty voted YES and Comm. Stevens and Comm. Rooks voted NO and the MOTION CARRIED.
COMMISSIONERS
Mr. Phillip Jones said he was inquiring into the agenda and minutes and is requesting all issues to be considered be placed on the agenda. Mr. Jones said action concerning the 911 system was taken at the last regular meeting and was not on the agenda.
Chairman Yearty said concerns have been expressed on a county charter government and a workshop will be scheduled on January 16, 2001 at 1:00 p.m. for a discussion in an open forum. Comm. Rooks recommended advertising the workshop to provide the public with the information.
911 ADDRESSING
Mrs. Tonee Fallender said she needed clarification on Mr. John McCathrin being hired as the 911 Coordinator. Mrs. Fallender inquired if the Sheriff had been consulted prior to the action. Chairman Yearty explained Mr. McCathrin was a county employee who had been under the supervision of the Sheriff’s Office as 911 Coordinator. Mrs. Fallender indicated she was opposed to the action. Chairman Yearty instructed Mrs. Fallender to follow the proper grievance procedure.
Comm. Stevens inquired where Mr. McCathrin’s office would be within the court house. Chairman Yearty said currently his equipment is being stored in the basement. Comm. Parker said his understanding at the December 19, 2000 meeting was a 911 Coordinator was needed for grants and moved to rescind the action hiring Mr. John McCathrin as 911 Coordinator for the county. Comm. Stevens seconded. Comm. Stevens inquired what additional responsibilities there were that were not already being handled by Mrs. Fallender. Chairman Yearty explained the 911 system was a complex safety system and he is concerned with it functioning properly. Comm. Parker said he was concerned about the full time position if another employee was already handling the responsibility. Comm. Rooks said the county is being mandated on the wireless system and a qualified person is needed to work with the telephone providers.
Mr. Fred Shaw recommended allowing the sheriff to hire a 911 Coordinator. Chairman Yearty explained the position was transferred to the Sheriff’s Office several years ago but the county is responsible for the 911 system. Mr. Jerry Bunch said he questioned the action. Chairman Yearty said the salary would be adjusted to meet the reduction in responsibility from what Mr. McCathrin was responsible for at the Sheriff’s Office. Mr. Parker’s motion DIED FOR LACK OF ACTION.
Comm. Parker moved to study the issue of hiring Mr. McCathrin as 911 Coordinator and what action should be taken. Comm. Stevens seconded. Comm. Parker and Comm. Stevens voted YES and Comm. Rooks, Comm. Foley and Chairman Yearty voted NO and the MOTION FAILED.
Sheriff Johnny Smith advised that Mr. McCathrin’s primary position with the Sheriff‘s Office was to maintain the computer system and he had extended his termination date to January 6, 2001.
Mr. George Lambeth expressed concern on the dismissal by the Sheriff’s Office if he was a county employee. Comm. Parker said he was concerned of the expense to the county for an honorary position and had made a mistake on his vote at the December 19, 2001 meeting. Comm. Rooks said she would meet with Mr. McCathrin and the state to determine what requirements are needed. Chairman Yearty said Mr. McCathrin was the 911 Coordinator with salary to be decided and the discussion would resume on January 16, 2001.
SAFETY
Mr. Ron Grant inquired if the Sheriff’s Office had any medical dispatchers. Sheriff Smith said this issue is being addressed and all dispatchers had training in CPR. Ms. Carnegie asked if there was liability to the county if someone needed medical assistance and there is not medical dispatcher on staff.
Ms. Marie Wells said dispatchers will have to be trained as medical dispatcher effective July 1, 2001 and they currently are provided flip charts to provide instructions. Mrs. Wells explained most of the dispatchers will be trained by July 1, 2001.
COUNTY EMPLOYEES
Mr. Billy Cobb presented the scheduled holidays for 2001. Comm. Stevens moved to approve the holiday schedule. Comm. Rooks seconded and the MOTION CARRIED.
PARKS AND RECREATION
Comm. Foley said the City of Chiefland had submitted a request for matching funds for a grant to improve recreational facilities and for assistance in maintenance of the city ball parks and plans for an Emergency Service Complex. Chairman Yearty explained the City of Chiefland was requesting 67% of the matching funds or $22,000.00. Comm. Rooks said the needs of other communities need to be considered. Comm. Stevens moved to deny the request for matching funds of $22,000.00 without an equal distribution for all the communities. Comm. Parker seconded and the MOTION CARRIED.
Comm. Foley moved to approve $16,500.00 for matching funds for the grant applied for by the City of Chiefland. Comm. Rooks seconded. Comm. Parker explained an equal distribution needed to be applied for all municipalities. Comm. Rooks said assistance has been provided to other communities and requests should be considered as presented and the MOTION CARRIED.
Comm. Foley said the $20,000.00 budgeted to recreation for various communities need guidelines for the distribution of the funds.
Comm. Foley recommended delaying action on the request from the City of Chiefland for funds to assist in the maintenance of the ball parks.
EMERGENCY MANAGEMENT SERVICES
Ms. Paula Edwards presented the Statewide Mutual Aid Agreement with the Department of Community Affairs (DCA). Comm. Rooks moved to approve the agreement. Comm. Stevens seconded and the MOTION CARRIED.
Ms. Edwards presented the trust fund grant for a total award of $127,000.00. Comm. Rooks moved to approve the agreement. Comm. Stevens seconded and the MOTION CARRIED.
Ms. Edwards said the state is reviewing the Comprehensive Emergency Management Plan (CEMP) and approval is needed to rewrite the plan to include a recovery disaster plan. Ms. Edwards explained this was a budgeted item and Mr. Richard Moore would prepare the document. Comm. Rooks moved to approve the request for the expenditure of funds to rewrite the CEMP. Comm. Stevens seconded and the MOTION CARRIED. Comm. Rooks moved to approve the expenditure if it less than the bid amount of $10,000.00. Comm. Stevens seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 157th Terrace, located in Williston Highlands Golf & Country Club Estates requiring four (4) loads of rock and grading, a distance of 600 feet, with dedicated right of way for an estimated cost of $600.00.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NW 97th Court, located in Jemlands requiring 35 loads of rock with grading, dedicated right of way for an estimated cost of $5,250.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Foley seconded and the MOTION CARRIED.
NE 82nd Place, located in University Estatesrequiring 36 loads of rock and grading with dedicated right of way for an estimated cost of $5,496.75.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NE 106th Street, located in Five (5) Oaks requiring 20 loads of rock to build and extend maintenance a distance of 1300 feet, including pushing and clearing for an estimated cost of $6,000.00 and will provide for five (5) additional residences.
Comm. Parker moved to approve the request and take into maintenance. Comm. Foley seconded and the MOTION CARRIED.
LCR 110 (NE 40th Street), close off entrance onto US 27A with Department of Transportation constructing Road Closed/Dead End signage at beginning of right of way of LCR 502 (NE 180th Avenue) and ending at right of way of LCR 110 (NE 40th Street)
Comm. Stevens explained this would close a dangerous access point to US 27A and would not landlock any property owners. Comm. Stevens moved to approve the closing of the entrance of LCR 110. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Rooks inquired on extending NE 106th Street to NE 80th Avenue. Mr. Watson explained the property owners had access from LCR 337 and did not want NE 106th Street intersecting their property.
GRANTS
Mr. Beauchamp said the review of the Economic Development Transportation Fund grant application was in order with a correction to the transmittal letter indicating the other competitors for Biomass Processing Technology, Inc.. Comm. Rooks moved to approve the application and transmittal letter. Comm. Stevens seconded and the MOTION CARRIED.
SUITS
Mr. Beauchamp reported the federal lawsuit filed by Mr. Tacl and Mr. Shotz has been dismissed with prejudice.
Mr. Beauchamp said the zoning challenge from Rosewood and the lawsuit on the gun range are still pending.
COUNTY EMPLOYEES
Mr. Beauchamp presented a recommendation for the advertisement for the position of County Administrator and recommended a deadline of February 15, 2001 for the receipt of applications. Mr. Beauchamp read the qualifications with corrections. Chairman Yearty requested the advertisement to be placed in all local papers and available government publications.
BUILDING AND GROUNDS
Chairman Yearty said a request has been made by the Property Appraiser’s office to secure the office space vacated by Representative Jane Gale Boyd, to be used for storage of records. Comm. Rooks moved to approve the allocation of space to the Property Appraiser’s office. Comm. Parker seconded and the MOTION CARRIED.
COUNTY ROADS
Comm. Foley said notice had been received from the Department of Transportation (DOT) of being selected for funding through the County Incentive Grant Program and recommended notifying the state that it would not be accepted. Comm. Foley explained the grant requires a 65% match from the county for the two (2) projects submitted. Comm. Foley moved to notify the state the funds would not be accepted due to present circumstances and budget restraints. Comm. Rooks seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Fred Shaw commented on the changes from the recent elections and recommended preparing an agenda and not taking action on any items that are presented and not found on the agenda.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court