REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

February 5,  2002

 The Regular Meeting of the Board of Levy County Commissioners was held on February 5, 2002  at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Tony Parker
Vice Chairman  Danny Stevens
Comm.  Don Foley
Comm. Sammy Yearty
Comm. Lilly Rooks

 Also present were:

County Attorney - Gregory V. Beauchamp
Clerk of Court - Danny J. Shipp

 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. Stevens seconded and the MOTION CARRIED.

FUND                                                               AMOUNT
CHECK NUMBERS:   33717-33909

 

GENERAL FUND                                     $871,022.95

ROAD & BRIDGE FUND                             19,997.10

LOCAL HOUSING ASSISTANCE                 5,988.00

LIBRARY FUND                                               2,449.66

E911 COMMUNICATIONS                                510.00

LANDFILL & RECYCLING                           14,354.77

COURT FACILITIES                                       1,925.69

FLORIDA GRANT                                              949.08

EMERGENCY MEDICAL SERVICE          18,679.69

SPECIAL CONSTRUCTION                             664.41

FIRE CONTROL                                             29,882.22

EMS GRANT                                                  13,710.15

JUDICIAL GRANT                                           3,213.00

COUNTY COMMUNICATIONS                          679.00

UTILITIES FUND                                                 385.04

 

TOTAL                                                        $993,998.51

 

MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of January 22, 2002. Comm. Rooks  seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Mr. Scott McNulty requested S. W. 80th Street be taken into the maintenance system.  Mr. McNulty said the road is highly traveled and there are a number of residents that use the road for access to their homes.

Comm. Rooks said the road had extensive work on a one time maintenance basis and accepting it into the maintenance system would allow preventive maintenance instead of intervention maintenance.

Comm. Rooks moved to accept S. W. 80th Street into the maintenance system. Comm. Stevens seconded and recommended a review by the Road Department.  Comm. Foley said if the Road Policy was in effect it, the established policies would assure a review of the roads prior to a decision being made on accepting into the maintenance system.

Comm. Rooks explained there are county maintained roads within a close proximity and placing S. W. 80th Street on a regular maintenance system would be more cost effective than on a periodic one-time maintenance basis and the MOTION CARRIED.

HEALTH

Mrs. Edith Orsini, Executive Director of North Central Florida Health Planning Council said the Healthy Kids program has been successful and encouraged enrolling as many children in the program. Mrs. Orsini explained the program has a cap and it appears the program will be full by July 1, 2002 and then a child will only be eligible if another child drops from the program.  Mrs. Orsini said applications are available through the county health departments, Department of Children and Family Services, the school system and hospitals.

Mrs. Orsini said the legislature has been discussing the elimination of the Certificate of Need for hospitals and the result would allow hospitals to have beds for certain types of treatment and a smaller facility may not have the appropriate staffing.

Mrs. Orsini explained the state implemented Senior Pharmaceutical Assistance programs will be discontinued as it does not provide the assistance needed for senior citizens. Mrs. Orsini said Pfizer has a program available to senior citizens 65 years and older to access certain medications for $15.00 per month.

Mrs. Orsini said the legislature is considering increasing the cost for Medicaid patients from $55.00 a bed to a proposed range from $150.00 - $365.00.  Comm. Rooks said the Florida Association of Counties is lobbying against this action and there were not enough votes to pass it in the special session but it is still being discussed.

Mrs. Orsini presented the number of services rendered through the Healthy Start program, the Ryan White program and the Rural Health Network.

TAX ROLL

Mr. Fred Moody presented the following Certificate of Correction of Non-Ad Valorem Assessment Roll:

    Samuel G. and Sandra Colson, 14951 N. W. 72nd Court, Chiefland, amending from two (2) units to one (1) unit. One (1) unit moved from the property in March, 2000.

 

Comm. Foley moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Stevens seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES

Mr. Moody requested authorization to discuss a non-agenda item.  Comm. Rooks moved to discuss a non-agenda item concerning Emergency Management Services.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moody said the Department of Community Affairs (DCA) has authorized funding for the purchase of a vehicle for the 2001-2002 Fiscal Year through the Emergency Management Preparedness and Assistance (EMPA) base grant funds for approximately $28,000.00. Mr. Moody said authorization is being requested to purchase a full size vehicle, Ford Expedition or Chevrolet Tahoe style, through the state contract process.  Mr. Moody explained a full size vehicle is needed for the transportation of materials. Comm. Stevens moved to approve the purchase of the vehicle through the state contract with the EMPA grant funds. Comm. Rooks seconded and the MOTION CARRIED.

PLANNING, COUNTY

Mr. Moody requested discussion for a non-agenda item by Ms. Krista Kelly.  Comm. Rooks moved to discuss the non-agenda item.  Comm. Stevens seconded and the MOTION CARRIED.

Ms. Krista Kelly said she had submitted her resignation as County Planner. Ms. Kelly said it has been a pleasure working for the county and it has been an inspiring position.  Comm. Rooks moved to advertise for a County Planner. Comm. Stevens seconded.  Ms. Kelly said she has provided a packet with a job description and all  current projects and the MOTION CARRIED.  Chairman Parker appointed Comm. Yearty, Mr. Fred Moody, Mr. Rob Corbitt and Ms. Krista Kelly to proceed with advertising for the position of County Planner.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow reported the Inglis/Yankeetown station is now operating with three (3) crews on a 24/48 shift. Mr. Beddow said placing the station at the Sheriff’s Substation is still be reviewed.

Mr. Beddow said the grant for the purchase of the 12 Lead Heart Monitor was approved and it has been purchased and installed at the Cedar Key station.

Mr. Beddow said during the union negotiations the contract was approved to increase the initial salaries to $6.40 per hour for EMT’s and $7.48 for paramedics and $7.00 per hour for part-time EMT’s. Mr. Beddow explained the union contract was approved but the salary adjustments were not approved separately and this will clarify the salary per hour. Comm. Rooks moved to approve the salary adjustments to be effective the beginning of the next pay period.  Comm. Stevens seconded and the MOTION CARRIED.

ZONING

Mr. Rob Corbitt presented the following petition for a Hardship Variance:

    Petition No. HA VA 1-02 – Ola Mae Hicks, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her son, Curtis Hicks, to care for her on a parcel of land beginning 420' South of the NW corner of the NE 1/4 of the NW 1/4 of Section 5, Township 13 South, Range 19 East, and runs East 210', thence run South 210' thence run West 210' thence run North 210' to the point of beginning, containing .50 acre more or less and has a land use designation of “LDR”. The 911 address is 111 S. E. 10th Street.

 

Mr. Corbitt said the site is provided with city water and the recommendation from the treating physician has been received. Chairman Parker called for support of the petition.  Mr. Duncan MacCallum said he had inspected the site and Mrs. Hicks would answer any questions.  Chairman Parker called for opposition and none was presented. Comm. Stevens moved to approve the Hardship Variance for Mrs. Ola Mae Hicks.  Comm. Rooks seconded and the MOTION CARRIED.

LIBRARY

Mr. Moody said Mr. Tom Reitz has requested authorization to apply for a Youth Services LSCA grant. Mr. Moody explained the grant would be between $20,000.00 to $50,000.00 and would allow for an employee at a full time salary to provide a weekly program for children throughout the year. Mr. Moody said notice was received that the matching requirements for the LSCA grants had been waived.  Comm. Yearty moved to approve the grant application.  Comm. Rooks seconded. Comm. Stevens said it sounded  to good to be true and recommended a close review and the MOTION CARRIED.

SHERIFF

Comm. Rooks moved to discuss a non-agenda item concerning the Sheriff’s Office.  Comm. Stevens seconded and the MOTION CARRIED.

Major Bobby McCallum requested authorization to apply for the VOCA grant renewal in the amount of $57,000.00. Major McCallum said this allows for a one (1) full time position and one (1) part-time position to assist victims of crime. Major McCallum said there is a 25 percent match, that is included in the current operating budget. Comm. Rooks moved to approve the VOCA grant application. Comm. Stevens seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Mr. Justin Watson presented the following request for priority placement on the paving list:

    NE 130th Avenue and NE 131st Place (LCR 118) located in Marlboro Country Estates, to be moved on priority list to follow LCR 117.  NE 131st Place has 21 houses and NE 130th Avenue has two (2) houses, for a total of 23 houses for 1 1/4 miles.

 

Comm. Rooks moved to approve the placement on the priority road paving list. Comm. Stevens seconded and the MOTION CARRIED.

    LCR 392 consisting of SE 191st Court, SE 69th Place (Melody Drive), SE 190th Court (Easy Street), SE 192nd Court (Leisure Lane) located in Small Farms, Unit 2 for a distance of 5,387', with 20 residences, with an average road count of 161 vehicles daily.

 

Mr. Watson said all of the roads with the exception of LCR 392 are being paved in Small Farms, Unit 2 and recommended paving this road while the paving equipment is in the area.  Comm. Yearty moved to approve the placement on the paving list and paving the road while the paving equipment is in the vicinity.  Comm. Foley seconded.

Mr. Robert Lanning said the road is in poor shape and there is a section of water that water accumulates. Mr. Steven Sandborn said it would benefit the tax payers to have the road paved as it is in the furthest southeast corner of the county and the other roads in the area have been paved and the MOTION CARRIED.

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

    SE 66th Street and SE 68th Lane located in Ocala Highlands West, beginning SE 210th Avenue and continuing through the ending of SE 220th Avenue, requiring four (4) loads of rock and grading for an estimated cost of $2,400.00 for the total project.

 

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

    NE 120th Terrace located in Oak Ridge Estates for a distance of 1,200 feet, requiring ten (10) loads of rock and grading, beginning NE 63rd Place (LCR 1070) through NE 65th Lane, for a total cost of $3,000.00.

 

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

ROAD AND BRIDGE DEPARTMENT

Comm. Stevens recommended the paving list be reviewed and prioritized with consideration of the roads meeting the criteria of 20 houses per mile and the requirements that have been on the previous paving policy.  Comm. Stevens moved to have the committee review the paving list for the deletion of roads that do not meet the paving policy, including those relating to 20 houses per mile, and the policies that are not being followed.  Comm. Yearty seconded.  Comm. Rooks said some of the roads on the paving list may be connector roads and not meet the requirement of the number of houses and the MOTION CARRIED.

CLERK OF COURT/TO BOARD

Mr. Danny Shipp explained the City of Cedar Key has been accepted as the Cedar Key Redevelopment District and is entitled to receive a certain amount of the taxes from the increase on an annual basis. Mr. Shipp said they developed the district October 10, 2000 and are entitled to receive 95% of the difference of the 2000 tax roll and the 2001 tax roll or $30,796.74.

Mr. Greg Beauchamp said the City of Cedar Key took advantage of an act that allows acceptance of a blighted area for redevelopment and the current statute does not allow the county to have any input on the action and the county is obligated to pay the difference of the assessment.

Mr. Shipp said they will receive up to 95 percent of the difference from the October 10, 2000 tax roll for up to 30 years.

Comm. Rooks said the legislature has been requested to review this act and what determines a blighted or slum area and these funds are going into trust accounts with the county being unable to have any input on the implementation of the redevelopment district.

Comm. Yearty said this will impact the budget for the services and consideration may need to be given to cede the airport, dock and roads within the city limits that are owned by the county to the city as this impacts the services provided and the funds available to provide those services.

Mrs. Renate Cannon said the City of Cedar Key has the highest real estate values in the area and the statute appears vague if it designates the entire city as a blighted and slum area.

Mrs. Sally Fink said the long term effect of providing services while one municipality affects the tax base is unfair and should be publicly aired.

Mr. Charles Green said additional areas are being annexed into the City of Cedar Key as the county building codes are more restrictive than the city’s building codes and county tax dollars are being lost.

Mr. Robert Lowens said the impact of municipalities who become a redevelopment district will impact the county budget for services.

Comm. Stevens moved to deny the payment to the Cedar Key Redevelopment District and begin  negotiations for them to assume some services currently provided.  MOTION DIED FOR LACK OF A SECOND.

Comm. Yearty moved to pay the required funds to the Cedar Key Redevelopment District.  Comm. Foley seconded.  Mr. Beauchamp said the county is legally obligated to remit the tax funds and Comm. Rooks, Chairman Parker, Comm. Foley, Comm. Yearty voted YES and Comm. Stevens voted NO and the MOTION CARRIED.

Chairman Parker said there is a need to meet with the City of Cedar Key and discuss what are provided by the county and what options are available to relinquish some of those services to the city.

BUDGET

Mr. Shipp presented the following budget amendments:

Cedar Key Redevelopment                          $30,796.74

Land Acquisition                                             $79,976.00

Equipment                                                    $218,908.00

Tri-County Tourist Development                     $5,000.00

Elections-Voter Education                            $12,691.01

Victims of Violent Crimes                                $5,000.00

Property Appraiser                                         $10,574.00

Jail                                                                   $18,457.14

Reserve for Contingency-Transfer from    $381,402.89

 

Mr. Shipp explained some of the budget amendments will be reimbursed by grant funds when they are received.  Comm. Yearty moved to approve the budget amendments.  Comm. Foley seconded and the MOTION CARRIED.

SHIP

Mr. Dick Tummond advised the Deferred Payment Loan Agreement listed on the agenda would not be presented as the loan information.

GRANTS

Mr. Tummond said the Citizens Advisory Task Force (CATF) needed to be approved and if a replacement was going to be named for the position held by Mr. Cliff Norris action was needed. Comm. Rooks moved to reappoint the following citizens to the CATF : Mr. Frank Schuler, Mr. John H. Donaldson, Mr. Walt McJordan, Mr. Doug King, Mr. Louis “Skip” Huch and Mr. Kenneth Griffith and to add an additional appointee, if necessary.  Comm. Stevens seconded and the MOTION CARRIED.

MISCELLANEOUS

Mr. C. W. Gilbert inquired on special service tax refund.  Chairman Parker said the issue is currently in litigation. Mr. Beauchamp said the Board of County Commissioner’s voted on the procedure to refund the special assessments and that was accomplished.

Mr. Gilbert said he recommended hiring a part-time planning consultant rather than hiring a full time county planner to replace Ms. Krista Kelly.  Mr. Gilbert said there was $150,000.00, if that was correct, being expended and not reported. 

Mr. Shipp requested Mr. Gilbert to explain money being spent that the clerk was not  aware of. Mr. Gilbert said he had requested a list with only half of the departments and he  had gotten a corrected list and does not know the details and the total subject requested was much more.

ANIMAL CONTROL

Mr. Warren W. Downs said his neighbors have barking dogs and it is his understanding the Sheriff and Animal Control can not do anything about barking dogs. Mr. Downs said he resides in the Fanning Springs Annex and it is a serious problem. Chairman Parker request Mr. Wayne Hardee to direct Mr. Ron Shilts to go and review the situation.  Sheriff Smith said there is a noise ordinance that allows certain decibels and he will research the complaint.

ROADS, COUNTY

Mr. Downs said NW 71st Avenue needs to be paved as it is used a connector road for many people who do not live in Fanning Springs Annex. Chairman Parker said Mr. Watson and Mr. Kelly Jerrells will review the area and determine if the character of the road has been changed.  Chairman Parker said the road is a part of a MSTU.

COMMISSIONERS

Chairman Parker presented the Committees for 2002 and advised all Department Heads to keep the Commissioner assigned to their department informed on any situations occurring within their departments.

SALARY AND WAGES

Comm. Foley presented the following personnel recommendations for salary increases:

    Brian Cannon, Construction/Maintenance Department, from Custodial Helper 1 at $7.8855 per hour to Maintenance Worker 1 Water at $9.1355 per hour.

 

Comm. Foley moved to approve the salary increase and change in classification. Comm. Stevens seconded and the MOTION CARRIED.

    Royella Coleman, Construction/Maintenance Department, Administrative Assistant I, from $10.6252 per hour to $11.1252 per hour.

 

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

    Dean Shouse, Construction/Maintenance Department, Building Trades I, from $8.988 per hour to $9.488 per hour.

 

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

    Joe Lalonde, Construction/Maintenance Department, Building Trades II, from $10.7125 per hour to $11.2125 per hour.

 

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

RESOLUTIONS

Comm. Foley requested to discuss a non-agenda item.  Comm. Stevens moved to discuss a non-agenda item as requested by Comm. Foley. Comm. Yearty seconded and the MOTION CARRIED.

Comm. Foley said a resolution was passed by the Washington County Board of Commissioners from the Commonwealth of Pennsylvania restoring the freedom to pray in public schools. Comm. Foley recommended preparing a resolution for review and adoption at the next meeting if it meets with Board approval. Chairman Parker requested Mr. Beauchamp to prepare a resolution at the consensus of the Board.

ROADS, COUNTY

Comm. Rooks said the blind curve on Whiddon Avenue at the Cedar Key school is creating a safety hazard and recommended resurfacing the road from State Road 24 continuing past the school. Comm. Rooks said the problem occurred when the school board expanded the building on the property and it has created a hazard for children attending school, people with baby strollers, bicycles and golf carts in the area. Comm. Stevens said the school board should be contacted and requested to assist with resolving the problem of the road way since their construction on the property created the problem and there was no discussion on the affect to the road way.  Comm. Rooks moved to resurface Whiddon Avenue from SR 24 to just past the Cedar Key school while the school is adjourned for Easter recess. Comm. Stevens seconded. 

Mr. Barney Cannon recommended using mirrors for the blind curve to address the safety and economic issue.  Comm. Rooks voted YES and Comm. Stevens, Comm. Foley, Comm. Yearty and Chairman Parker voted NO and the MOTION FAILED.

PLANNING, COUNTY

Mr. Moody requested discussion of a non-agenda item for county planning. Comm. Stevens moved to discuss a non-agenda item.  Comm. Rooks seconded and the MOTION CARRIED.

Ms. Kelly said the Planning Commission had reviewed two (2) small scale amendments and would like to schedule a public hearing for March 5, 2002 at 6:00 p.m..

MISCELLANEOUS

Chairman Parker advised there was a public workshop on March 19, 2002 at 1:00 p.m. for the Road Policy.

PLANNING, COUNTY

Chairman Parker reconvened the meeting at 1:00 p.m. for the workshop to address the proposed revision to the Mining, excavation and Landfill Land Development Regulations.

Mr. Corbitt read the proposed ordinance for the record and advised it was being recommended to remove the section pertaining to the landfill to a separate section.

Ms. Kelly explained the intent of the proposed ordinance was to address concerns from major mining operations and not to impede the operation of mining in conjunction with bonafide agriculture and silva culture operations.

Comm. Foley recommended including Special Exception and Conditional Use Permit within the definitions, and using a cross reference for specific details.

Ms. Kelly said the current procedure is for the initial applications to be heard by the Planning Commission and then to the Board of Adjustment for final action and the proposal is recommending the final decision be acted upon by the Board of County Commissioners.

Ms. Kelly said existing active mines would be grand fathered and there would need to be evidence submitted to demonstrate an active business activity realizing some of the uniqueness in mining. Ms. Kelly said through the review criteria there would be a “trigger” for extensive mining operations.

Mr. Corbitt explained the ordinance attempts to address the concerns on the impact to roadways, notice from the posting of signs of a standardized size, number of cubic yards that can be withdrawn, proximity to federal, state, county public lands and reservations, residential areas for blasting.

Mrs. Annette Long presented an exhibit supporting the proposed ordinance and the impact mining has on wells, the aquifer, springs, such as Manatee and Fanning Springs and the crucial need for a buffer from mining operations.

Mr. Steven Pomeroy, representing Mr. Luther White, said current mining regulations are sufficient and the quarries throughout the county can be an asset.

Mr. A. D. Andrews said mining is regulated by several state agencies and it appears the proposed ordinance creates more regulation. Mr. Andrews said he is a tree farmer and has concerns if his removal of trees would be major mining from excavation of the trees.

Mr. Phillip Beck said the proposed ordinance is a reasonable proposal creating a balance of property rights and it is the legitimate right of the government to protect all citizens.

Mr. Jerry Leary said property owners should have full value of their property, but regulation is necessary for balance and consideration of the economic impact of tourism in the area provides a clean quality of life.

Mr. Etter Usher there are rock pits throughout the county and are not always used within 180 days, that are for repairing roads on his property and recommended other alternatives than those presented.

Ms. Elizabeth Cooley said property rights should be for all land owners, using conservatism and consideration for your neighbors.

Mr. Chris Hardee said the water management districts are charged with the authority to impose water restrictions, environmental protection and requests a reasonable solution and not create a restrictive ordinance that prevents a property owner from generating an income.

Mr. Mark Long said the proposed ordinance is proactive and it is the responsibility of the county to address the concerns and issues of the impact of mining in certain areas.

Mr. Eugene Carter said more regulation reduces what can be done with a property  and to many restrictions take rights away.

Mr. Bill Houten said limerock is used in manufacturing, road construction that allows for tourism to come to Florida and does not recommend instituting zoning that would not allow the mining.

Mrs. Sandy Fink said a responsible landowner in a mining operation is necessary and if the land owner is not responsible a balance and respect for all private property rights needs to be regulated.  Mrs. Fink presented petitions supporting the proposed ordinance.

Mr. Robert Lowens inquired if the water addressed in the ordinance included water pumped from the ground and/or water bottling plants. Mr. Corbitt explained that water is a natural resource extracted from the ground and would be included.

Mrs. Karen Fishbaugh said a respect for the natural resources was being requested and there is great cause for concern from one person who impacted the environment and intervention is being requested to protect the residents homes and heritage.

Chairman Parker requested the recommendations be incorporated into the proposed ordinance and another workshop would be scheduled.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                         Tony Parker, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court