REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 5, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on June 5, 2001 at 9:00 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
Clerk of Court - Danny J. Shipp
County Administrator - George A. Lambka
The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Justin Watson 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: 30410 - 30578
GENERAL FUND $603,648.56
ROAD AND BRIDGE DEPT 18,355.02
LOCAL HOUSING ASSISTANCE 59.90
LIBRARY 3,328.67
COURT SERVICES 42,988.66
E911 COMMUNICATIONS 20,632.48
LANDFILL & RECYCLING 53,486.72
COURT FACILITIES 19.00
FLORIDA POWER GRANT FUND 272.04
EMERGENCY MEDICAL SERVICE 15,327.41
SPECIAL CONSTRUCTION 52,000.00
JUDICIAL GRANT 1,485.68
UTILITIES 1,278.00
TOTAL $812,882.14
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of May 22, 2001. Comm. Stevens seconded and the MOTION CARRIED.
COMMISSIONERS
Mrs. Sharon Carter welcomed Comm. Parker back after his absence with his son. Comm. Parker thanked everyone for the kindness shown to his family.
ANIMAL CONTROL
Mr. Wayne Hardee presented the interlocal agreement with the Town of Yankeetown for animal control. Comm. Stevens moved to approve the interlocal agreement for animal control with the Town of Yankeetown. Comm. Rooks seconded and the MOTION CARRIED.
MOSQUITO CONTROL
Mr. Hardee submitted the Operational Work Plan for Mosquito Control for the fiscal year 2001/2002. Mr. Hardee explained the budget must be submitted to the State on an annual basis for funding. Comm. Stevens moved to approve the Mosquito Control budget. Comm. Rooks seconded and the MOTION CARRIED.
LANDFILL
Mr. Hardee presented the leachate hauling contracts with Gainesville Regional Utilities (GRU) and Morris Dean Trucking. Comm. Stevens moved to approve the contracts for the leachate hauling. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Mr. Hardee presented the grant applications for the following:
Small County Solid Waste Grant Application
Solid Waste Tire Grant Application
Litter Control and Prevention Grant Application
Solid Waste Recycling and Education Grant Application
Comm. Rooks moved to approve the execution of the grant applications. Comm. Stevens seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Hardee submitted the interlocal agreements for recycling with the following municipalities: Town of Bronson, City of Cedar Key, City of Chiefland, City of Fanning Springs, Town of Inglis, Town of Otter Creek, City of Williston, and the Town of Yankeetown. Comm. Stevens moved to approve the interlocal agreements for recycling. Comm. Rooks seconded and the MOTION CARRIED.
INSURANCE
Mrs. Jacqueline Martin advised that written notice was received from Avmed and Blue Cross Blue Shield advising they would not be submitting a bid for the employee health insurance. Mrs. Martin said one bid was received from Gallagher-Bassett and Healthplan Southeast would be submitting a renewal notice. Comm. Stevens moved to advertise the bid for health insurance and not accept the single bid at this time. Comm. Parker seconded. Mrs. Martin explained the Invitation to Bid with prior coverage information was sent to a number of companies and bid packets were sent to the companies that responded to the Invitation to Bid. Mr. Greg Beauchamp advised Mrs. Martin to reseal the bid without disclosing the bid amounts and advise Gallagher-Bassett of the action. Comm. Stevens withdrew his motion. Chairman Yearty requested Mr. George Lambka to arrange a committee and to continue actively seeking bids for health insurance.
TAX COLLECTOR
Mr. Fred Moody presented the following Certificate of Correction of Non-Ad Valorem Assessment:
Bernice M. Collins of 6051 A Street, Cedar Key requesting the Non-Ad Valorem Assessment be amended from 2 units to none for Lot 12, the two (2) houses have been disconnected from utilities and are used for storage only.
Comm. Rooks moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Stevens seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for acceptance into the maintenance system:
All roads in Circle "K" Ranch Unit 1 consisting of NW 151st Lane for a distance of 1.21 miles; NW 150th Lane for a distance of 0.21 miles; NW 149th Place for a distance of 0.20 miles; NW 76th Court for a distance of 0.40 miles and NW 76th Terrace for a distance of 0.53 miles, dedicated 50 feet right-of-way.
Comm. Foley moved to take into the maintenance system. Comm. Rooks seconded and the MOTION CARRIED.
SW 52nd Place for a distance of 1.16 miles; SW 100th Avenue for a distance of 0.25 miles and the West portion of SW 55th Street for a distance of 0.21 miles subject to right-of-ways being deeded to the public.
Comm. Rooks moved to take into the maintenance system, subject to right-of-way deeds being obtained. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Watson presented the following request for maintenance on a one (1) time basis:
NE 58th Lane located in Rolling Acres, requiring 15 loads of rock, for a distance of 1,875 feet, with dedicated 50 feet right-of-way and an estimated cost of $2,250.00.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Watson explained notification has been received the Small County Outreach Program (SCOP) has approved a grant to widen and resurface CR 335 with a 75 percent contribution from the Department of Transportation (DOT). Comm. Foley recommended postponing action until Ms. Joye Brown with the Department of Transportation made her presentation.
Mr. Watson presented the following requests for resurfacing projects:
NE 35th Street (LCR 518), beginning at US 27 and continuing to C-335.
Comm. Stevens moved to approve the request to resurface NE 35th Street. Comm. Rooks seconded and the MOTION CARRIED.
SE 8th Street (C-323) beginning at US 27 and continuing to C-316.
Comm. Stevens moved to approve the request to resurface SE 8th Street. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Watson requested the following paving project be completed while the paving equipment and crew are paving LCR 207.
NW 120th Street, (LCR 206) beginning at NW 70th Avenue and continuing to NW Old Fannin Road for a distance of 0.80 miles.
Comm. Rooks moved to pave NW 120th Street (LCR 206) in conjunction with the paving of LCR 207. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Al Carnegie inquired if a report would be made on the request made by Mr. Nate Terrell on May 22, 2001. Mr. George Lambka said it is being researched and complete information will not be available until the next regular meeting.
Mr. Otis Greene inquired on the status of the streets in East Williston he has requested to be paved. Comm. Stevens said the roads located in the Pinehurst Subdivision are on the paving list and some of the roads will be funded by the county or Community Development Block Grants (CDBG). Chairman Yearty requested Mr. Lambka to prepare a statement on the current status of the road projects in response to Mr. Greene’s inquiries.
Mr. C. W. Gilbert and Mr. Bill Thompson commented on the conditions of East Williston. Chairman Yearty advised water, sewer and road projects have been completed in the East Williston area. Chairman Yearty said the road projects discussed by Mr. Greene have severe right-of-way problems that are being resolved.
UNION
Mr. Lambka recommended a committee consisting of Comm. Rooks, Mr. Greg Beauchamp and himself to commence the negotiations with Local #4069 of the International Association of Firefighters (IAFF) for their new contract. Comm. Stevens moved to establish the recommended committee and proceed with union negotiations. Comm. Parker seconded and the MOTION CARRIED.
SALARY AND WAGES
Mr. Lambka said there was a personnel action request from the Planning Department and he is not prepared to address the action at this time.
PLANNING, COUNTY
Ms. Krista Kelly presented a contract for technical planning assistance with Withlacoochee Regional Planning Council to consist of cross-coordination of the Goals, Objectives and Policies of the Comprehensive Plan with the existing data and analysis in the Plan’s Evaluation and Appraisal report. Ms. Kelly explained administrative assistance was required to complete this project and the contract cost would be $10,000.00. Comm. Rooks moved to approve the contract with Withlacoochee Regional Planning Council for preparing a cross-coordination of the Comprehensive Land Use Plan. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Paul C. James of Independent Retirement Solutions, Inc. explained that PEBSCO the deferred compensation plan through Nationwide Insurance is only providing personal representatives for large entities and he is requesting to be authorized to offer a deferred compensation plan for employees with Hartford Life. Chairman Yearty request Mr. James to meet with Mr. Danny Shipp and Mr. Lambka to discuss the program prior to any further action.
ZONING
Mr. Rob Corbitt presented the following petitions for consideration:
Petition No. HA VA 3-01 - Mrs. Susie Bennett, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her grand daughter, Zelda N. Brown, to care for her on a parcel of land located in the E ½ of the NE 1/4 of the NW 1/4 (Lot 4), in Section 27, Township 12S, Range 18E, in Levy County. Said parcel contains 3.48 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone. The petition was previously tabled for the following information to be provided
- Reason why family member cannot reside in existing home.
- Why neighboring family members that were granted a Homestead Density Exception cannot care for the petitioner.
- How will access be provided without trespassing?
Ms. Zelda Brown said she would be caring for her grandmother, Mrs. Bennett and had originally intended to purchase an acre of land from Mrs. Bennett to reside on and did not understand the Homestead Density Exception does not allow for another division of the property. Mr. Corbitt said the mobile home can only be placed on the property by a Hardship Variance and would be a temporary situation. Comm. Stevens said one of the opponents to the request was concerned of the trespassing on his private easement to access the property and other access to the property would have to be provided. Mr Corbitt explained there was access to the property without trespassing. Comm. Stevens moved to approve the Hardship Variance. Comm. Rooks seconded and the MOTION CARRIED.
Petition No. HA VA 4-01 - Harold Bird, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother-in-law, Pat Adams, on a parcel of land located in the SW 1/4 of the SE 1/4 and the S ½ of the S ½ of the NW 1/4 of the SE 1/4 in Section 28, Township 13S, Range 19E, in Levy County. Said parcel contains 50 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone. The current 911 address is 751 SE 215th Avenue.
Mr. Corbitt said all documentation establishing the hardship has been presented. Mr. Harold Bird said his mother-in-law is in poor health. Chairman Yearty called for opposition and none was presented. Comm. Rooks moved to approve the Hardship Variance. Comm. Parker seconded and the MOTION CARRIED.
Petition No. PP-00248 - Pardue Land Surveying representing Wolfgang Schwarz, petitioning the Board for a Preliminary Plat of "Wild Wind Acres," a subdivision located in a tract in the NW 1/4 (Parcel No. 00470-003-0A) and part of Suwannee Oaks Unit 1, Lots 11, 12 and part of Lot 10 (Parcel No. 00470-000-00) in Section 27, Township 10S, Range 14E, in Levy County. Said parcels contains 129.36 acres more or less and has a land use designation of "LDR", Low Density Residential. The Planning Commission recommends approval with the following conditions:
- 2nd Review by Plat Review Committee
- Contact the City of Fanning Springs for their comments, if any.
Petition No. VA 1-01 - Pardue Land Surveying, representing Wolfgang Schwarz, petitioning the board for a Variance from Chapter 71, Subdivision Regulations, Article 4 Design Standards, Section 4.02 (B) Block Lengths, on a parcel of land as described above.
Mr. Corbitt advised the Plat Review Committee had a second review of the preliminary plat and notice had been sent to the City of Fanning Springs. Mr. Corbitt said the Plat Review Committee approved the preliminary plat and the adjustment to the block lengths. Mr. Corbitt explained the plat allows for a circular traffic flow and provides for road connections for additional growth. Comm. Rooks moved to approve the preliminary plat for "Wild Wind Acres" and the petition for a variance on block lengths. Comm. Stevens seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Ms. Joye Brown, Florida Department of Transportation (FDOT) presented the 6 Year Transportation Plan for fiscal year 2001 thru 2006.
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Ms. Brown presented the following projects in the 6 Year Transportation Plan for the fiscal years 2001 thru 2006 for the enhancement programs:
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Ms. Brown advised there is a new district secretary for the Florida Department of Transportation (FDOT).
Ms. Brown said in fiscal year 2002 the Florida Department of Transportation (FDOT) will begin a program to reimburse local governments to maintain and operate full traffic control signals at a standard rate. Ms. Brown explained application to participate in the program must be submitted by August 1, 2001.
Ms. Brown advised there will be a public hearing for the work plan on Monday, October 15, 2001 at 5:30 p.m. in the Lake City Branch Office of FDOT.
ROADS, COUNTY
Comm. Foley said he had concerns about the contract terms for the Small County Outreach Program (SCOP) for the CR 335 project. Comm. Foley explained his concern on the compensation of 75 percent from FDOT, a maximum paid of $1,811,250.00 or if the bid is higher than the prepared estimate an additional 10 percent would be allowed. Comm. Foley requested clarification on the apparent conflict in the contract.
Comm. Foley inquired on what would be acceptable as in-kind services for the 25 percent match.
Ms. Brown explained acceptable in-kind services were providing limerock, engineering, labor, sodding if part of the project. Ms. Brown said she would verify the terms of the contract concerning the reimbursable amounts to allow the execution of the agreement.
Mr. Fred Shaw recommended moving the four-lane project for Alt. US 27 from SR 24 to C-339A forward from 2004 while the area is dry from the drought.
Ms. Brown said several projects presented on the enhancement program were deleted as they were not acceptable as enhancement projects and recommended submitting additional projects prior to June 15, 2001.
Mr. John King inquired if a traffic control signal will be installed at the intersection of CR 320 and US 19. Mr. Watson said that project is already under the Five (5) Year plan for safety.
PLANNING, COUNTY
Mr. Michael Pardue on behalf of Michael McDougal requested the vested pocket park in Tishimingo Subdivision be allowed to revert back to Mr. McDougal as a marketable lot or for the county to assume the designated park area to release Mr. McDougal of the responsibility for the taxes. Mr. Beauchamp advised Mr. Pardue to have Mr. McDougal send a formal request.
COMMISSIONERS
Chairman Yearty advised Mr. C. W. Gilbert that his request to make a presentation on the agenda was not properly completed in accordance with the rules and it did not provide the subject being brought for discussion.
MUNICIPALITIES
Mr. Jamie Griffin presented an interlocal agreement for the provision of sewer services in connection with the Florida Small Cities Community Development Block Grant (CDBG). Mr. Griffin explained this will allow for the Town of Bronson to proceed with the next phase for the sewer services. Comm. Rooks moved to approve the interlocal agreement with the Town of Bronson. Comm. Stevens seconded and the MOTION CARRIED.
ORDINANCES
Mr. Beauchamp presented the ordinance for adopting and enacting the "Code of Ordinances of Levy County, Florida." Mr. Beauchamp said Municipal Code Corporation has completed the codification of the ordinances and it is ready to be adopted. Comm. Rooks moved to adopt the ordinance enacting the codification of the ordinances. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY LAND
Mr. Beauchamp submitted a Deed of Conveyance to transfer the property donated by Mr. John Hart to the Levy County Housing Authority to allow them to use the property for low income housing. Mr. Beauchamp explained the property consisted as follows:
Lots 1, 4, 5, 6,7 and 8, Cherry Hill Subdivision
Comm. Rooks moved to approve the conveyance of the described lots to the Levy County Housing Authority as donated by Mr. John Hart. Comm. Stevens seconded and the MOTION CARRIED.
JUDICIAL
Mr. Beauchamp advised that there is a criminal case that may exceed the budget and additional funding may be needed to cover costs.
ROAD CLOSING
Comm. Parker requested a status of the road closing of NE 190th Avenue that allows Mr. Nate Terrell access to his property. Mr. Lambka advised the Road Department has prepared an estimate on the costs of approximately $86,000.00 and information is needed from the water management district concerning permitting and verifying if action should be taken through the civil court.
Mr. Danny Shipp advised Mr. C. R. "Rowdy" Lowman had been advised this issue would not be discussed on the agenda and had requested to be present if there was discussion.
Chairman Yearty said consideration must be given to setting precedents, funding options and obtaining permits.
Comm. Rooks said her understanding was the two (2) land owners would provide the right of way and the county would construct the road. Comm. Rooks asked for the estimate to be reviewed to determine if construction costs could be decreased.
Mr. Nate Terrell expressed his concern of access again being denied before this matter is resolved.
COMMISSIONERS
Comm. Rooks said Mr. Gilbert had made an effort to be on the agenda and if non agenda items are heard a determination of the rules and regulations is needed or dispose of the agenda.
Mr. Freddie Shaw expressed his concern on censoring Mr. Gilbert and how the agenda is operated.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court