REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 5, 2002
The Regular Meeting of the Board of Levy County Commissioners was held on March 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
Assistant County Administrator - Fred Moody
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. Yearty seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 34139 - 34327
GENERAL FUND $808,728.73
ROAD & BRIDGE FUND 50,342.12
LOCAL HOUSING ASSISTANCE 20,000.00
LIBRARY FUND 1,802.82
MEDIATION 500.00
FINE & FORFEITURE FUND 9,043.03
LANDFILL & RECYCLING 17,504.97
COURT FACILITIES 92.74
FLORIDA POWER GRANT FUND 416.95
EMERGENCY MEDICAL SERVICE 15,328.82
FIRE CONTROL 25,523.25
JUVENILE JUSTICE 147.61
UTILITIES FUND 334.30
TOTAL $949,765.34
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of February 19, 2002 clarifying the purchase of the Lawson Cabinet & Hardware Products inventory. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Mrs. Sue Beach Suggs, Gilchrist County Commissioner, scheduled for the agenda did not appear.
CONTRACTS AND AGREEMENTS
Mr. Jamie Griffin presented an interlocal agreement that will allow the City of Chiefland to apply for a Community Development Block Grant to construct water and sewer lines within the Municipal Service District of Chiefland. Comm. Yearty moved to approve the interlocal agreement. Comm. Rooks seconded and the MOTION CARRIED.
AGENCIES
Mr. George Mathes, Executive Director of the American Red Cross, requested permission to place two (2) signs in front of the court house recognizing March as “American Red Cross Month.” Comm. Foley moved to approve the placement of the two (2) signs. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Mathes said the a written response was needed to allow the placement of the emergency response vehicle at the Road Department compound. Mr. Mathes explained the vehicle is a traveling canteen that will respond to emergency situations. Mr. Fred Moody said authorization has been granted for the placement of the unit at the Road Department and Mrs. Sylvia Schenk has access to the vehicle and the Red Cross will provide all maintenance to the vehicle.
Mr. Mathes presented a proclamation declaring the month of March as “American Red Cross Month.” Comm. Foley moved to adopt the proclamation. Comm. Rooks seconded and the MOTION CARRIED.
COMMUNICATIONS
Major Bobby McCallum requested permission to discuss a non-agenda item relating to radio communication problems. Comm. Rooks moved to discuss the non-agenda item. Comm. Foley seconded and the MOTION CARRIED.
Major McCallum said the communication system network for intercommunications to provide mutual aid with municipalities, ShandsCare and other counties is inoperable and due to the age of the system parts are not available to repair the unit. Major McCallum said three (3) quotes had been obtained from MayCon (formerly GE) for $9,720.00, Midland for $9,331.00 and Motorola for $12,559.00 through the state contract process. Major McCallum said the Sheriff’s Office was requesting the purchase of the communication system from Midland for $9,331.00. Major McCallum explained all funds in the 911 Communications budget were “earmarked” and there were no funds available in the budget to purchase the equipment. Comm. Stevens moved to approve the purchase of the Midland communication system for $9,331.00. Comm. Rooks seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mr. Moody said six (6) applicants had applied for the position of County Planner and four (4) applicants met the advertised qualifications. Chairman Parker scheduled the interviews for the four (4) applicants on Tuesday, March 26, 2002 at 1:00 p.m. to allow for proper advertisement of the public meeting.
FESTIVALS
Mr. Moody requested permission to present a non-agenda item. Comm. Rooks moved to discuss a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Moody said Mrs. Margaret Knight had submitted a request for a permit with the $50.00 fee for the Spring Withlacoochee Bluegrass Jamboree scheduled for March 29, 30, 31, 2002 and has agreed to comply with all requirements. Comm. Yearty moved to approve the permit for the Spring Withlacoochee Bluegrass Jamboree with the same permitting requirements approved for past jamborees. Comm. Stevens seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Peter Zettler said the Williston Chamber of Commerce is sponsoring “Wings Over Williston” April 13, 14, 2002 at the Williston airport. Mr. Zettler explained the event will provide exposure for the airport facility and draw some revenue into the area. Mr. Zettler said the event is expected to draw 15,000 to 20,000 people.
RESOLUTIONS
Ms. Heather Alexander presented a resolution from Withlacoochee Regional Planning Council supporting state wide Regional Planning Council funding be restored to the 1986 funding level of $3,000,000.00. Comm. Stevens said funding cuts are impacting the services the Regional Planning Council provides to counties and municipalities. Comm. Stevens moved to adopt the resolution. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
Forest Park 2, NE 81st Street, beginning at NE 118th Terrace West to the end of the road way, requiring five (5) loads of rock and grading for a distance of 2,750' for an estimated cost of $1,500.00.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Watson reported the study on NW 71st Avenue (MSTU 202) located in LouMar Estates, Suwannee Meadows and Arrowhead Acres reflects a traffic count as follows:
Beginning 50' North of LCR 250 a daily count of 171 trips.
Beginning 50' South of LCR 212 a daily count of 322 trips.
Mr. Watson explained NW 71st Avenue serves three (3) different subdivisions, LouMar Estates with eight (8) parcels, ArrowHead Acres with eight (8) parcels, Suwannee Meadows with fourteen (14) parcels a total of 30 parcels with 23 homes. Mr. Watson said the road is one (1) mile long and is used as an access to Gilchrist county.
Mr. Greg Beauchamp explained NW 71st Avenue is located within a Municipal Service Taxing Unit and the assessments are currently set for maintenance and do not allow for paving. Mr. Beauchamp said NW 71st Avenue and other roads that may be having similar impacts should be considered when the special assessments and road policy is reviewed.
Mr. Douglas Root said he was a resident on NW 71st Avenue and the current assessment is not sufficient to allow for paving and the increase in traffic is a safety concern.
Mr. Jerry Koontz said NW 71st Avenue has become a thoroughfare and the safety of school children is a concern.
Chairman Parker said workshops have been scheduled for the Road Policy and these concerns will be discussed.
ZONING
Mr. Rob Corbitt presented the following preliminary plats:
Petition No. PP-00254 – Pardue Land Surveying representing Ron St. John, petitioning the Board for a Preliminary Plat of “Sterling Run,” a subdivision located in the NE 1/4 of Section 11, Township 12 South, Range 14 East, in Levy County. Said parcel contains 140 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone. The Planning Commission recommends approval of the plat.
Mr. Michael Pardue said there will be deed restrictions and the road will be paved. Comm. Yearty moved to approve the preliminary plat of “Sterling Run.” Comm. Rooks seconded and the MOTION CARRIED.
Petition No. PP-00255 – Danny Croft, Emerald Coast & Associates representing Paul Droney, petitioning the Board for a Preliminary Plat of “Gator Acres,” a subdivision located in a portion of the S 3/4 of the N ½ of Section 35, Township 11 South, Range 17 East, in Levy County. Said parcel contains 75 acres more or less and is located within a Rural Residential “RR” and Agriculture/Rural Residential “A/RR” zone. The Planning Commission recommends approval of the plat.
Comm. Stevens moved to approve the preliminary plat for “Gator Acres.” Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Chairman Parker called the first public hearing concerning the Community Development Block Grant (CDBG) application to order at 10:30 a.m..
Mrs. Carol McQueen explained a Citizens Advisory Task Force (CATF) is appointed to encourage residents to participate in the process and allow for an interchange of information between local government and CDBG staff concerning community development and related concerns, increase public awareness of the types of assistance available, especially among low/moderate income persons, increase the community participation in program planning and implementation and allow affected or potentially affected citizens to directly assist in shaping and guiding the program’s impact upon their neighborhood and the community at large.
Mrs. McQueen explained there are four (4) types of CDBG grants available:
- HOUSING - For the rehabilitation, relocation, removal or new construction activities for eligible low and moderate income residents.
- COMMERCIAL REVITALIZATION - For improvements of downtown commercial districts to promote business in areas where there is a general decline in commercial activity. Requires a participating party and normally applied for by municipalities.
- ECONOMIC DEVELOPMENT - Public and private investment development project designed to generate new or expanded business activity by providing grant funds that may be used for land acquisition, capital needs, utilities and other qualified uses and requires a participating party.
- NEIGHBORHOOD REVITALIZATION - Neighborhood improvements projects that may include utility and drainage, paving, sidewalks, lighting, fire protection, removal of architectural barriers and other neighborhood and community development or improvement projects to prevent continuing deterioration, crime, health and safety problems for low and moderate income residents.
Mrs. McQueen explained the CDBG National Objectives:
- Meet the 51% of low and moderate income criteria.
- To eliminate or prevent slums or blights.
- Is an emergency and there are no other funds available.
Mrs. McQueen said to qualify for the Community Development Block Grant one of the National Objectives must be met along with additional qualifiers.
Chairman Parker called public comments.
Mrs. Renate Cannon said road projects would benefit every citizen.
Mrs. McQueen said the process is extremely competitive and past grants have been through the Neighborhood Revitalization and had been used for a housing project and for road paving projects. Mrs. McQueen explained the point process has been revised and additional points that will assist in qualifying with sufficient percentage points would be to increase the leverage amount from $150,000.00 to $300,000.00 if road paving was the selected project. Mrs. McQueen said if a WAGES applicant was hired it would be a benefit for next year’s process but would not benefit this application as the hiring would not meet required time lines.
Chairman Parker advised Mrs. McQueen to proceed with a leverage amount of $150,000.00 at the consensus of the Board. Chairman Parker adjourned the public workshop.
Comm. Rooks moved to advertise the next public hearing for the Community Development Block Grant application process for Tuesday, April 16, 2002 at 10:00 a.m.. Comm. Stevens seconded and the MOTION CARRIED.
Chairman Parker called the Fair Housing Workshop to order.
Mrs. McQueen explained in accordance with federal guidelines for the Community Development Block grant a workshop on Fair Housing Workshop was required. Mrs. McQueen the Levy County Fair Housing Ordinance prohibits discrimination in housing on the basis of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age. Mrs. McQueen said any complaints concerning Fair Housing discrimination should be reported to the Levy County Administrator’s Office.
Chairman Parker adjourned the Fair Housing Workshop.
FESTIVALS
Mrs. McQueen said the 5th Annual NatureFest will be held March 30, 2002 at Fanning Springs State Park and the Nature Coast Trail dedication will be held that day in conjunction with the event.
SHIP
Mrs. McQueen said Lillie Mae McCray has made application for a Deferred Payment Loan Agreement and a variance is needed for her to be eligible. Mrs. McQueen explained the value of her property and the new construction of a home is $79,500.00 and the SHIP policy requires the value not to be greater than $75,000 for the appraised value. Comm. Stevens moved to approve a variance for the Deferred Payment Loan Agreement application submitted by Lillie Mae McCray. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen submitted the following Deferred Payment Loan Agreement for consideration:
Lillie Mae McCray for $20,000.00 for property located in the NW 1/4 of Section 34, Township 12 South, Range 18 East at ten (10) acres more or less.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Stevens seconded and the MOTION CARRIED.
LIBRARY
Mr. Tom Reitz said a Internet Safety Policy needs to be adopted in order to be in compliance with the Children’s Internet Protection Act (CIPA) to continue to receive and be eligible for federal grants and the annual E-Rate communications discount. Mr. Reitz explained there are software programs that allows filtering on the Internet and recommends Websense that provides the service for $1,200.00 to $1,500.00 annually. Mr. Reitz said the compliance issue has been challenged and will be heard by the Supreme Court but compliance is required by July 1, 2002 or the E-Rate communications funding will be lost.
Mrs. Maureen Andrews, Librarian, Town of Bronson, said young children are accessing pornographic materials and recommends approval of the Internet Safety Policy as presented and the installation of the filtering program.
Mr. Reitz said Websense is a service and is continually updated and allows the option of blocking “hard porn” and criminal sites. Comm. Yearty moved to adopt the Internet Safety Policy as recommended by the Library Director, Library Advisory Board and Librarians and approval of the filtering system. Comm. Foley seconded.
Mrs. Ruth Davis, Librarian, City of Chiefland, said they have had children access very objectionable sites from innocent sites and recommend filtering the information available from the Internet on the public access terminals in the libraries and the MOTION CARRIED.
BUDGET
Mr. C. W. Gilbert inquired on the purchasing practices and expenditures for oil, grease and related products used by the Road Department, the purchase of clothing and accounting procedures for the purchases, inappropriate use of inventory and purchasing by departments.
Mr. Danny Shipp said vendors have line items and the Clerk’s Office does not control what a Department Head purchases from a vendor and software does not allow for a line item for each individual item on an invoice. Mr. Shipp explained a policy has been adopted for departments to call for a purchase order with the amount and the vendor the supplies are being purchased from for purchases less than $2,500.00, purchases for $2,500.00 to $5,000.00 must have Board approval, purchases from $5,000.00 to $10,000.00 must obtain three (3) written quotes and purchases exceeding $10,000.00 must be advertised for bids.
Mr. Moody explained the questions Mr. Gilbert presented on clothing purchases being placed in several categories resulted from the union contracts being approved to supply uniforms after the budget had been approved and line items had not been instituted for every department for clothing purchases as the contract negotiations had not been completed.
ORDINANCES
Mrs. Annette Long inquired on the scheduling of the public workshop for the proposed mining ordinance. Mr. Corbitt said the committee would be meeting to review the changes proposed at the first workshop and would be providing recommendations.
CONTRACTS AND AGREEMENTS
Mr. Wayne Hardee presented the contract with Withlacoochee Regional Planning Council for small county generators. Mr. Hardee said Regional Planning Council prepares the assessment reports to the state for the hazardous materials disposed within the county. Mr. Hardee explained the fee has been increased to $11,500.00. Comm. Foley moved to approve the contract. Comm. Stevens seconded and the MOTION CARRIED.
ROADS, STATE
Mrs. Sandy Fink presented copies two (2) letters written by Ms. Ellen “Snitzie” Mullett to Governor Jeb Bush requesting the Florida Department of Transportation (FDOT) to install a bike lane on SR 320 (Manatee Springs Road) outside of Chiefland. Comm. Rooks requested Mr. Watson to place the request on the proposed enhancement list and requested Mr. Lannie Cardona to explore the request through the Nature Coast Development Authority.
ATTORNEYS, COUNTY AND STATE
Mr. Greg Beauchamp presented the following request for approval of appointment to the Conflict Attorney List for:
Connie Renee Clay
Mr. Beauchamp said Administrative Judge Martha Lott and Chief Judge Stan Morris had approved the request. Comm. Rooks moved to approve the appointment of Connie Renee Clay to the Conflict Attorney List. Comm. Stevens seconded and the MOTION CARRIED.
ANIMAL CONTROL
Mr. Beauchamp said Animal Control and the Sheriff’s Office have agreed to procedures for handling complaints on barking dogs.
COUNTY ATTORNEY
Mr. Beauchamp said the Florida Association of Counties will be holding an Ethics workshop on April 19, 2002 in Tallahassee and recommended his attendance and Mr. Moody’s, Assistant County Administrator. Chairman Parker directed Mr. Beauchamp and Mr. Moody to attend the one day workshop.
LANDFILL
Comm. Stevens moved to discuss a non-agenda item. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Rooks explained there was a significant amount of debris that needed to be remove from the grounds at Cedar Key High School as a result of the fire on February 25, 2002. Comm. Rooks moved to waive the tipping fees for the disposal of debris from the Cedar Key High School. Comm. Yearty seconded and the MOTION CARRIED.
LEGISLATIVE
Comm. Rooks said the Florida Association of Counties have proposed to the legislature a 5% cap for the cost of Medicaid payments by counties. Comm. Rooks explained a bill has been submitted with a waiver for counties with populations of 100,000 or less on the proposed increased costs for Medicaid.
SALARY AND WAGES
Comm. Foley presented the following request for a salary increase:
Donald E. Goode, Development Department from $15.1603 to $15.4103 per hour for successfully completing the examination for Building Plans Examiner.
Comm. Foley moved to approve the salary increase. Comm. Stevens seconded and the MOTION CARRIED.
BUDGET
Comm. Foley moved to proceed with the early retirement of the bond issue, notifying the bonding company of the intent, and authorizing the Clerk, Mr. Shipp, to proceed with the requirements to allow an early retirement of the bond issue. Comm. Yearty seconded.
Mr. Shipp said the bond may not be legally paid off until September 1, 2002 and he will research the most efficient and profitable option for the early retirement of the bond issue.
Mr. Beauchamp recommended allowing the Clerk to explore all available options to retire the bonds and save money for the county and the MOTION CARRIED.
ROADS, COUNTY
Comm. Foley moved to discuss a non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Yearty explained LCR 464 is in disrepair and is a heavily traveled road and recommends rebuilding the road. Chairman Parker said patching the road, instituting a weight restriction would allow a review into the possibility of obtaining a grant to offset some of the costs in rebuilding the road.
Mr. Watson said a weight limit would cause an inconvenience to the heavy truck traffic that utilizes that road way. Mr. Watson said the speed limit has been reduced to 35 mile per hour. Comm. Stevens said the road paving priority list and the road policy needs to be reviewed with the number of roads being placed on the list on a priority basis and there are not sufficient funds to address the roads currently on the list.
Comm. Yearty moved to rebuild LCR 464 to proper standards as soon as possible. Comm. Stevens seconded. Chairman Parker expressed a concern that citizens have had the roads in their areas placed on the priority list and they have not been paved. Comm. Rooks said Whiddon Avenue has a safety issue and any revision of the paving priority list should consider safety issues.
Mr. Watson said a grant had been approved for LCR 464 with a 35% match and was not accepted. Comm. Stevens emphasized the budget is being heavily impacted and services can be affected without serious consideration to expenditures and the MOTION CARRIED.
Mr. Moody said the workshop to review the Road Policy has been scheduled for Tuesday, March 19, 2002 at 1:00 p.m. and conflicts with the opening of the Suwannee River Livestock Fair and inquired if the workshop should be rescheduled. Comm. Stevens recommended rescheduling the workshop to Wednesday or Thursday.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow said the 90/10 grant for $94,000.00 has been funded and will be used for the purchase of a rescue unit. Mr. Beddow said Mr. Ed Wilson, State EMS Director has advised that the chance of being awarded a grant next year has been reduced as the funds will be allocated for the defense of mass destruction.
ROAD AND BRIDGE DEPARTMENT
Chairman Parker convened the workshop for the oil lubrication program.
Mr. Sammy Pruitt explained the oil lubrication program was established in 1998 and vehicles are being monitored for oil usage. Mr. Pruitt said the program structures the change of oil filters and oil at certain intervals. Mr. Pruitt said oil analysis are performed on the vehicles to determine oil usage and provides documentation to support the warranty provided by Lubrication Engineers. Mr. Pruitt explained other oil vendors do not offer the extensive warranty provided by Lubrication Engineers.
Mr. Mike Doerr, Tri-County Oil, said he questioned the expense of the oil and lubricants being provided by Lubrication Engineers against the cost previously paid when they provided the service.
Mr. Bruce McElroy questioned the services provided by Lubrication Engineers compared to other oil vendors and the additional expense to the tax payers.
Chairman Parker explained the purpose of the workshop was to review what services and benefits were being provided compared to the cost of the service.
ZONING
Mr. Corbitt presented the following Small Scale Amendment(s) request to the Levy County Comprehensive Plan Future Land Use Map:
SSA-02-01 –William G. Viertel, property owner, to amend the Future Land Use Map by changing the land use classification and zoning from FLU Forest/Rural Residential (F/RR), Z-Rural Residential (RR) to FLU Commercial Z-(C-2) for property described as follows: Lot 2, Block A, replat of a portion of Cedar Key Mobile Home Village located in Section 36, Township 14 South, Range 13 East, said parcel contains one (1) acre more or less.
Chairman Parker called for opposition to the proposed Small Scale Amendment and none was presented. Comm. Rooks moved to approve the Small Scale Amendment request by Mr. Viertel. Comm. Stevens seconded and the MOTION CARRIED.
SSA-02 – James V. Risher, property owner, to amend the Future Lane Use Map by changing the land use classification and zoning from FLU - Low Density Residential (LDR), Z-Rural Residential (RR) to FLU - Commercial (C) Z- (C-3) for property described as follows: N 1/2of NW 1/4 of SE 1/4 of NW 1/4 less South 130 feet of West 145 feet located in Section 25, Township 16 South, Range 17 East, said parcel contains 4.57 acres more or less.
Mr. Corbitt explained Mr. Risher currently operated an auto salvage yard previously approved for Special Exception on property adjoining this acreage and this action was to bring the property from a non-conforming use to a conforming use. Mr. Corbitt said an adjoining 40 acre parcel to the north has a Commercial land use, property to the east and south is rural residential with commercial land use to the west on US 19/98 highway frontage.
Mr. Chester Skipper, representing the VanHorn’s said the request violated the conditions of the Comprehensive Land Use Plan and approving the request would create an adverse impact for surrounding neighbors.
Mr. Corbitt explained the property was not included as commercial use in the last amendment to the Land Use Map and the property was within the Municipal Service District (MSD) for the Town of Inglis.
Mrs. Cheryl VanHorn said the property does not have frontage on US 19/98 and the use was extended to the additional parcel without following the appropriate permitting process.
Mrs. Leslie Elkins said there were problems with people trespassing to gain access to Mr. Risher’s property and opposed the expansion of the operation.
Comm. Yearty explained the petition applied to a land use change, was compatible with surrounding commercial land use and was within the Municipal Service District (MSD) allowing for commercial use. Comm. Yearty said the issue of approving the Special Exception would be addressed by the Board of Adjustment. Comm. Yearty moved to approve the land use change for Mr. Risher’s Small Scale Plan Amendment citing compatibility with existing land uses and to bring the property into compliance. Comm. Stevens seconded. Chairman Parker explained the Board of Adjustment is allowed to add stipulations to the petition for Special Exception including set backs and buffers and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Tony Parker, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court