REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

July 3, 2001

 The Regular Meeting of the Board of Levy County Commissioners was held on July 3, 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. George Lambka followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.

 FUND                                                               AMOUNT
 CHECK NUMBERS: 30801 - 30993

 

 GENERAL FUND                                     $735,914.44

 ROAD & BRIDGE FUND                             43,280.06

 LOCAL HOUSING ASSISTANCE              28,132.00

 LIBRARY                                                        15,098.40

 MEDIATION                                                         100.00

 COURT SERVICES                                      17,218.67

 E911 COMMUNICATIONS                          20,632.48

 LANDFILL & RECYCLING                           21,973.64

 COURT FACILITIES                                        2,520.00

 EMERGENCY MEDICAL SERVICE             8,403.69

 FIRE CONTROL                                            18,265.50

 ST GRANT - JUVENILE JUSTICE                      25.52

 UTILITIES FUND                                              1,052.41

 

                                                        TOTAL $912,616.81

 

 MINUTES

Comm. Foley moved to approve the minutes of the regular meeting of June 19, 2001. Comm. Stevens seconded and advised the minutes of June 19, 2001 should reflect the approval of constructing a compacted roadway for NE 105th Street was a unique situation and the MOTION CARRIED.

 COUNTY AGENT

Mr. George Lambka clarified the Courtsey 4-H Agent I has been budgeted for a full time position on the condition the employee obtained her degree and this position is fully funded by the county and not the University of Florida as indicated on June 19, 2001. Comm. Foley moved to reflect the correction for the June 19th, 2001 minutes. Comm. Stevens seconded and the MOTION CARRIED.

 PARKS AND RECREATION

Mr. Fred Moody said a request has been received from Mrs. Jennifer Shuster with South Levy Park to approve a budget amendment to carry forward the $4,000.00 allowed in the 2000 budget to the 2001 budget as the funds were not expended. Comm. Stevens moved to authorize the 2000 fiscal year budget funds to be carried forward to the 2001 budget for the South Levy Park. Comm. Parker seconded and the MOTION CARRIED.

Comm. Foley said clarification of the policy on the expenditure of funds needs to be reviewed, as he understood the funds were to be used for direct support of the children instead of being used for maintenance. Chairman Yearty directed Mr. Moody to contact the recreational groups and set up guidelines for the expenditure of the funds.

 SHIP

Mrs. Carol McQueen presented a Satisfaction of Mortgage for Mark C. and Jennifer D. Davis. Mrs. McQueen explained they had satisfied the second mortgage for the SHIP funds. Comm. Parker moved to approve and authorize the Chairman to sign the Satisfaction of Mortgage. Comm. Foley seconded and the MOTION CARRIED.

Mrs. McQueen presented the following Deferred Payment Loan Agreement:

Rebecca Lynn Whitehurst, Woodfield Subdivision, S. E. 2nd Street, Williston for $12,500.00 to purchase a home.

Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.

Mrs. McQueen advised the Public Notice of Funding would be published in the Levy County Journal in compliance with state regulations for acceptance of funding.

 RECORDS

Mrs. Toni Collins advised Mr. Danny Shipp has established a Archives and History Center in the Official Records Department and an archival repository dedicated to the preservation of the historic records. Mrs. Collins explained about the type of documents available for review and the long range goal is to be a center for historic records and a repository for photographs, maps and histories of founding families. Mrs. Collins said approving an ordinance or resolution would be the initial step to officially recognize and establish an archives program.

Mrs. Collins said Mr. Shipp is funding $14,320.80 and requested consideration for funding for the 2001-2002 fiscal year of $13,500.00 to purchase additional equipment for preservation of records inn a manner to allow access of the documents by the public. Mrs. Collins said these records are not under the custody of the clerk but the Clerk of Court has retained these records due to their historical significance. Chairman Yearty said the request would be considered during the budget review and asked Mrs. Collins to prepare a resolution for consideration.

RESOLUTION

Ms. Heather Alexander presented a resolution from Withlacoochee Regional Planning Council to apply for the 2001-2002 planning grant from the Transportation Disadvantaged Trust Fund in the amount of $16,107.00. Comm. Foley moved to approve the resolution to authorize the application for the Transportation Disadvantaged Trust Fund grant. Comm. Parker seconded and the MOTION CARRIED.

 GRANTS

Sheriff Johnny Smith presented a request for approval to submit an application for the 2001-2002 Local Law Enforcement Block Grant. Sheriff Smith said this will be the third year applying for this grant which provides funding for in-service training and the purchase of technical equipment. Sheriff Smith explained the grant is for $55,611.00 with a match requirement of $6,179.00 which will be supplied from the Fine and Forfeiture Fund. Comm. Parker moved to approve the request to apply for the Local Law Enforcement Block Grant. Comm. Stevens seconded and the MOTION CARRIED.

 AGENCIES

Mr. Lannie Cardona reported the Work Force Board will conduct the second CLM Works ERISS Employer Survey in August and September. Mr. Cardona explained the survey will provide valuable information for employers and employees on employment opportunities for job applicants and qualified employees for local employers from the local area.

 COUNTY EMPLOYEES

Mr. C. W. Gilbert inquired into the recommendation of a salary increase for a county employee and their job placement.

 DEVELOPMENT DEPARTMENT

Mr. Freddie Shaw said he was concerned about permits being issued on Contracts for Sale and Purchase and the possible liability exposure. Mr. Shaw explained his concerns on this type of transaction.

Mr. Wayne Janney said it was his understanding that to obtain a permit ownership of the property had to be provided.

Mr. Greg Beauchamp said these are packages being offered to purchasers by mobile home dealers and mortgage companies and there should be an affidavit from the seller allowing the buyer to secure a permit through a contractual right.

Mr. Rob Corbitt said there were a few permits issued with out an affidavit and this has been corrected. Mr. Corbitt explained his staff has been instructed that an affidavit from the seller must accompany all requests for a permit on Contracts for Sale and Purchase.

Chairman Yearty requested Mr. Beauchamp to review the procedure being implemented by the Development Department for issuing permits.

 LEGISLATIVE

Representative Will Kendrick presented the payment of $50,000.00 for the Devil’s Hammock Phase I from the Florida Recreation Development Assistance Program.

Representative Kendrick encouraged attendance to the reapportionment hearings to express the concerns on how the congressional districts will be comprised. Representative Kendrick said a public hearing will be held in Tallahassee on July 12, 2001 and in Ocala on August 7, 2001 and concerns voiced will be a part of the official record. Representative Kendrick explained the redistricting issue will probably be resolved in the judicial system.

 ZONING

Mr. Corbitt presented the following petition for a change in zoning:

Petition No. CZ 1-01 –Mr. Wayne Hopping, petitioning the Board for a Change of Zoning to C-3, to allow a take out BBQ, on a parcel of land located in the SW 1/4 of Section 36, Township 12S, Range 18E (Parcels A, B, and C), in Levy County. Said parcel containing 0.803 acres more or less and has a land use designation of Commercial. The Planning Commission recommends approval with the condition of notification to the City of Williston.

Mr. Corbitt advised the City of Williston had been contacted and indicated they did not have an objection to the change in zoning. Mr. Corbitt said Mr. Mohan Law was concerned about water run off and this did not appear to be a problem as a retention pond was adjacent to the property.

Mr. Wayne Hopping explained he was requesting the C-3 zoning to enable him to have alternate uses of the property.

Ms. Kathleen Lowins presented no opposition when the location was clarified. Comm. Stevens moved to approve the change in zoning to C-3. Comm. Parker seconded and the MOTION CARRIED.

 TAX ROLL

Mr. Beauchamp advised an offer was received from W & J Development to purchase seventeen (17) lots in Oak Ridge Estates for $200.00 per lot. Comm. Stevens explained previous policy required the minimum bid to pay the amount shown on the tax record. Mrs. Mary Golding said she had made an offer of $200.00 per lot and had been advised the minimum amount would have to be the amount shown on the record for taxes not paid.

Mr. Wayne Janney recommended listing the escheated properties with a local real estate broker.

Chairman Yearty requested Comm. Rooks, Mr. Moody, Mr. Beauchamp and Mr. Lambka to review the policy for escheated properties.

Mr. Beauchamp said Mr. Luther Henderson, Jr. had submitted a request to purchase an escheated property.

Chairman Yearty directed Mr. Beauchamp to notify the parties that all offers would be tabled until the a policy was established.

 MSTUs

Mr. Beauchamp distributed a draft copy of the ordinance addressing the Municipal Service Taxing Units (MSTUs) and requested a public workshop be scheduled for July 17, 2001.

 ROAD CLOSINGS

Comm. Rooks moved to address two (2) issues relating to road closures as non-agenda items. Comm. Parker seconded and the MOTION CARRIED.

Mr. Beauchamp said a request to vacate the roads as described:

Unnamed, non-constructed roads of Fugate’s Addition No. 1 and No. 2, Parcel No. 06316 and Parcel No. 06315, SW 1/4 of Section 18, Township 13 South, Range 19 East, Williston, Florida.

Mr. Corbitt said the Plat Review Committee reviewed the request for the road closings and recommended vacating the plat. Mr. Beauchamp explained the applicants had remitted the fee for the advertising and could withdraw the request for the road closings. Ms. Cindy Oteo said they wanted to proceed with the road closing and not pursue a vacating of the plat due to time constraints. Comm. Stevens moved to schedule the public hearing for the road closing on August 7, 2001 at 10:30 a.m. and approve the resolution for this action. Comm. Parker seconded and the MOTION CARRIED.

Mr. Beauchamp said Oren and Pheby Jane Ellis were requesting vacating the utility easement on Lots 6 & 7 Section E, Graceland Shores. Mr. Beauchamp explained they had a law firm from Lake City prepare the documents and advertise for the vacating of the utility easement. Comm. Rooks requested additional information prior to any action being taken on this request due to the lack of notification for the vacation of the utility easement. Mr. Beauchamp said the request will be placed on the agenda of the next regular meeting.

 COUNTY LAND

Mr. Janney requested action for the removal of a hunt camp that was located on county land. Mr. Beauchamp said a request will be sent to the owners of the building advising them the structure must be removed from county land.

 MISCELLANEOUS

Mrs. Renata Cannon requested the American Flag be properly maintained and displayed.

 BUDGET

Comm Foley said he would like to discuss the procedure for budget preparations. Comm. Parker moved to proceed with discussion on the budget process as a non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.

Chairman Yearty explained different options available for the review of the budget. Comm. Foley recommended an individual commissioner be responsible for the review of the budget request for the departments they were assigned and then present their findings. Comm. Foley explained this would not prevent any commissioner from reviewing any of the budgets. Comm. Foley said the budget process could be handled in a series of meetings with all department heads presenting their budgets for review before the full Board. Comm. Rooks recommended allowing each commissioner to review the departments they oversee to allow the newly elected commissioners a chance to understand the budget process. Chairman Yearty said the budget process, at the consent of the Board, will be handle by each commissioner reviewing their departments requests with the Clerk of Court and Mr. Lambka.

 TAX ROLL

Comm. Rooks said the committee reviewing escheated lands would include a member of the real estate community.

 ROAD AND BRIDGE DEPARTMENT

Comm. Foley said a review of the policy for taking roads into the maintenance system and paving needed to be clarified. Comm. Foley said his understanding of the policy was certain criteria needed to be met before action was taken. Comm. Foley said for a road to be in the maintenance system it had to meet a density requirement of 10 homes per mile and if the road was to be resurfaced it would meet a density requirement of 20 homes per mile. Comm. Rooks said that policy, on the lots that are on 20 acre tracks, would not be eligible. Chairman Yearty requested Comm. Foley, Ms. Krista Kelly, Mr. Corbitt, Mr. Justin Watson and Mr. Lambka to establish a policy for taking roads into the maintenance system and for paving.

Comm. Foley said the policy for maintenance on a one (1) time basis needs to be reviewed, as it appears rather than fixing the problem, entire roads are being graded, and not just the problem being repaired.

Mrs. Jackie Gilreath said consideration should be given to feeder roads which may have a low density of residents.

Comm. Parker said one (1) time maintenance was necessary to allow for access of emergency vehicles.

Comm. Foley said there is currently 15.04 miles scheduled for resurfacing and a priority schedule should be established to control excessive spending.

Mr. Al Carnegie advised he has been repairing the pot holes in the road near his home.

 ROADS, COUNTY

Mr. Justin Watson advised notice has been received from the Department of Transportation accepting CR 335 from US 27 Alt. to SR 121 for the Small County Outreach Program. Mr. Watson said the grant provides 75% percent of the funding and the county provides a 25% match. Comm. Stevens moved to approve the grant application for the Small County Outreach Program to resurface CR 335 (NE 106th Terrace and NE 75th Street). Comm. Rooks seconded and the MOTION CARRIED.

Mr. Watson advised the Small County Road Assistance Program (SCARP) has approved and accepted CR 347 (NW 60th Street) beginning at CR 330 (NW 70th Street) and continuing to US 19 for resurfacing at an estimated cost of $876,000.00 and is fully funded by the Department of Transportation. Comm. Rooks moved to approve the contract and resolution for the SCARP resurfacing project of CR 347. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson presented the following projects to be closed out as right-of-way deeds have not been provided by the land owners:

NW 35th Avenue, Adamsville Cemetery Road

SW 110th Avenue, Dorsett Hills

LCR 444 (NW 40th Street, NW 100th Avenue and NW 45th Street)

Chairman Yearty directed the projects to be closed at this time.

 ROAD MAINTENANCE

Mr. Watson presented the following requests for resurfacing projects:

LCR 416 for 1.08 miles, 14 residents and 20' right-of-way; LCR 206 for a distance of .05 miles, 1 resident and 18' right-of-way, (NW 70th Avenue) for an estimated cost of $17,965.55..

Comm. Foley said there were other roads whose condition should place them on the paving list prior to this request. Comm. Rooks moved to place NW 70th Avenue on the paving list for resurfacing. Comm. Stevens seconded. Chairman Yearty and Comm. Foley voted NO, Comm. Rooks, Comm. Stevens and Comm. Parker voted YES and the MOTION CARRIED.

LCR 470, Whiddon Avenue, to re-route the roadway and curve in front of the Cedar Key School for safety precautions of the school and children.

Comm. Rooks explained there are severe safety hazards since the construction of a new building creating a blind curve. Mayor Heath Davis said a request was made by the City of Cedar Key to the School Board requesting them not to build close to the road. Mr. Watson said the project would require an engineering report and also resurfacing. Comm. Rooks moved to approve the request to re-route LCR 470, and resurface Whiddon Avenue from SR 24 to Hodges Avenue subject to a report from the engineer and another review of the findings by the Board. Comm. Stevens seconded and the MOTION CARRIED.

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

SE 220th Avenue, SE 70th Street, SE 67th Place located in Ocala Highlands West, for an estimated cost of $1,800.00, 12 loads of rock and grading.

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

 GRANTS

Comm. Rooks reported the past legislative session approved for state agencies to prepare a waiver of match requirements on grants to rural counties.

 APPOINTMENTS

Comm. Stevens noted that Comm. Rooks had been appointed as a Director to the Florida Association of Counties.

 SALARIES AND WAGES

Comm. Foley presented the following personnel action requests:

Tina Horne, Planning Development, an increase of $.50 effective the next pay period.

Comm. Foley moved to approve the request. Comm. Stevens seconded. Comm. Stevens said consideration should be given to increases in salary after the completion of probation if this is appropriate and the MOTION CARRIED.

Stephen Weins, Construction/Maintenance from $10.6324 per hour to $11.3824 per hour effective the next pay period.

Comm Foley moved to approve the request. Comm. Stevens seconded and the MOTION CARRIED.

Chuck Cook, Construction/Maintenance from $11.3880 per hour to $12.3880 per hour effective the next pay period.

Comm. Foley moved to approve the request. Comm. Parker seconded and the MOTION CARRIED.

Roberto Febles, Construction/Maintenance from $10.7120 per hour to $11.4620 per hour effective the next pay period.

Comm. Foley moved to approve the request. Comm. Stevens seconded and the MOTION CARRIED.

Library Administrative Assistant II for a salary of $9.00 per hour.

Comm. Foley moved to approve the recommendation. Comm. Stevens seconded and the MOTION CARRIED.

 COMMISSIONERS

Mr. Fred Moody said there have been calls concerned the burn ban. Chairman Yearty advised the ban on burning was enacted to end based on the Florida Forestry Service recommendations on burning.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                     W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court