REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

 

September  03, 2002

 

 The Regular Meeting of the Board of Levy County Commissioners was held on September 3, 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.  Lilly Rooks
Comm. Sammy Yearty
Comm.  Don Foley

 Also present were:

County Attorney Gregory V. Beauchamp
Clerk of Court Danny J. Shipp
County Coordinator Fred Moody

 

 The Chairman called the meeting to order at 9:00 a.m..  The invocation was given by Sheriff Johnny Smith followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

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

FUND                                                               AMOUNT
CHECK NUMBERS:     66683 - 66865

 

GENERAL FUND                                     $767,465.54

ROAD & BRIDGE                                          53,645.44

LOCAL HOUSING ASSISTANCE                 3,087.54

LIBRARY FUND                                               1,292.21

PERMANENT MOSQUITO CONTROL             81.28

MEDIATION                                                        350.00

FINE & FORFEITURE                                  22,106.10

LANDFILL FUND                                            3,683.81

FLORIDA POWER GRANT FUND               3,858.24

EMERGENCY MEDICAL SERVICE            9,029.00

FIRE CONTROL FUND                                14,759.49

UTILITIES FUND                                                 438.83

 

TOTAL                                                        $879,797.48

 

MINUTES

Comm. Stevens moved to approve the minutes of the August 20, 2002 regular meeting. Comm. Foley seconded and the MOTION CARRIED.

BIDS

Ms. Heather Alexander advised the following bids were received for supplies for the Road and Bridge Department:

    Sign materials - Municipal Supply & Sign Co.; Vulcan Signs; Rocal, Inc.; 3M General Offices.

    Safety items - Safety Zone Specialists, Inc.; Municipal Supply & Sign Co.,; Fisher Scientific. 

    Colmix, asphalt - Central Materials Co.; Anderson-Columbia Construction; V.E. Whitehurst. 

    Guard rails - Trinity Industries, Inc. 

    Culvert pipes - Renker Materials; Gulf Atlantic Culvert Co.; Metal Culverts, Inc.

    Sod - J & N Sod Farms, Inc.; DEC Sod (Benny Jerrels).

    Porta potties - Jones Plumbing; Suwannee Valley Precast Co. 

    Emulsion (Tar) - Blacklidge Emulsons. 

    Motor oil and lubricants - no bids received.

 

Chairman Tony Parker asked Mr. Kelly Jerrels, Mr. Justin Watson and Mr. Fred Moody to review the bids and provide their recommendations.

SCHOOLS

Chairman Parker introduced Mr. J.D. Holmes III, Ms. Cara Costa, and Ms. Jamie Spivey of the Bronson High School FFA Chapter.   Mr. Holmes explained their plans and activities for their upcoming trip to the FFA National Convention in Louisville, KY.

DEVELOPMENT DEPARTMENT

Mr. James Salter, representing the Thompson Group, developer of Cedar Key Plantation, explained their intent was to relieve the county of any obligation to provide sewer, water and roads to the property owners in the subdivision. 

Mr. Stuart Cullen, Brown and Cullen Engineering, explained they are working with the Department of Environmental Protection (DEP) to explore the creation of a Community Development District (CDD) to establish infrastructure for central services to serve the landowners within the subdivision.

Mr. George Nickerson, bond counsel for the project, said a Community Development District (CDD) is a limited purpose bond that allows the benefits of using government funds.  Mr. Nickerson explained that to create a Community Development District (CDD) under 1,000 acres, the County must approve the action and the Community Development District (CDD) created would be subject to all  county's land use regulations and the developer would like the county to share the assessed tax increase funds with the Community Development District (CDD) to assist paying for the system.

Comm. Yearty said the subdivision was platted in 1980 and the developer has a vested right to have septic tanks on several lots in the subdivision. Comm. Yearty explained the developer approached the City of Cedar Key to tie in to their utility system and the request was declined.  Comm. Yearty personally commended the developer for trying to resolve this problem and  requested an additional meeting to answer the public's questions.

Chairman Parker requested that Mr. Moody coordinate the scheduling of a public workshop  with Mr. Salter concerning the Cedar Key Plantation development. 

ROAD MAINTENANCE

Mr. Scott McNulty requested one (1)  time maintenance on SW 78th Terrace, SW 80th Street, and SW 129th Avenue.   Mr. McNulty said he has been maintaining the roads at his expense.  Mr. Justin Watson explained portions  of SW 80th and SW 78th Terrace and part of SW 129th Avenue transverse private property.

Comm. Rooks recommended Mr. McNulty meet with Mr. Watson to discuss the maintenance of the roads and to have the item placed on the agenda for the next regular meeting.

MUNICIPALITIES

Mrs. Carolyn Risher, Mayor of Inglis, requested the placing of Leveck Road be accepted as a county road and placed in the maintenance system. Comm. Yearty explained Leveck Road has been in existence for a long time and  the county has maintained the road previously.

Comm. Yearty moved to accept Leveck Road into the county maintenance system and assigned an LCR number.  Comm. Rooks seconded and the MOTION CARRIED..

MISCELLANEOUS

Mr. Ivan Chubb, Commander of VFW Post 5511, Williston, said they will be hosting a Veteran's Day Ceremony in Williston and invited the participation of government officials and the public.

BOAT RAMPS

Mr. Robert Persinger, Nature Coast Driftwood,  presented statistics on the use of the boat ramp as compiled by Mrs. Patti A. Ream of the Florida Marine Research Institute and requested reconsideration of his using the public boat ramp at the Wacassassa River for his dead head logging operation. Mr. Persinger said the all  activities of the program are governed by the Department of Environmental Protection (DEP).

Chairman Parker requested Mr. Moody schedule a conference with Mr. Persinger, Chairman Parker, Mr. Moody and Mr. Danny Shipp to find an acceptable proposal for presentation to the Board.

COUNTY FIRE CHIEF

Mr. Rick Lombardo presented information on leasing fire equipment to supplement  information previously provided.

ROAD CLOSINGS

Mr. Beauchamp presented the resolutions for the closing of the following described roads:

    That portion of HAZEL AVENUE (SW 124th COURT) lying North of the North right of way line of Suwannee Blvd. And South of the South right of way line of seventh street and lying between blocks (109 and 110) as shown on the plat of CEDAR KEY HEIGHTS, Section B, as recorded in Plat Book 2, page 16, of the public records of Levy County, Florida.

Comm. Rooks said one of the land owners is a relative and that she was declaring a Conflict of Interest

Comm.  Stevens moved to adopt the resolution to close that portion of Hazel Street (SW 124th Court), Cedar Key Heights Subdivision, Section B.  Comm. Yearty seconded and the MOTION CARRIED.

Comm. Yearty moved to hear a non-agenda item.  Comm. Foley seconded and the MOTION CARRIED.

Mr. Beauchamp presented a resolution for the following described road closing:

    OHIO AVENUE and STATE STREET and a 25' Alley along the North and East side of CEDAR KEY HEIGHTS SUBDIVISION, Section C, all lying and being in CEDAR KEY HEIGHTS SUBDIVISION as per plat thereof recorded in Plat Book 2 page 22, public records of Levy County, Florida.

Comm. Yearty moved to adopt the resolution to close Ohio Avenue, State Street, and a 25' alley along the North and East side of Cedar Key Heights Subdivision, Section C.   Comm. Rooks seconded and the MOTION CARRIED.

BUILDING AND ZONING

Mr. Michael Pardue explained an extension  to file the final plat of CURTIS ESTATES was necessary to obtain the engineering and permits.

Comm. Rooks moved  to approve a six (6) month extension of time to file a final plat of CURTIS ESTATES.   Comm Yearty seconded and the MOTION CARRIED.

Mr. Pardue requested an extension of time to file the final plat of STERLING RUN to complete engineering and obtain permits.

Comm. Yearty moved to grant a six (6) month extension of time to file a final plat of STERLING RUN.  Comm. Stevens seconded and the MOTION CARRIED.

MUNICIPALITIES

Chief of Police, Dan Davis requested a distribution of $2,600.00 from the County Communications Technology Fund to purchase four (4) radios. Chief Davis explained the Williston Police Department had received $20,000 in 2000 and $5,000 in 2001 from the fund.

Sheriff Johnny Smith stated that the fund was created for new technologies but the wording of the fund agreement is so vague that the funds could be used for a variety of items.   Sheriff Smith asked that the agreement be reviewed and it should contain specific language to govern the use of the communication funds, as the policy in the past had each municipality funding their own departments.

Comm. Stevens requested that Sheriff Smith and Mr. Moody get together to go over the agreement and firm up the language so that requests of this type can be addressed.

Comm. Stevens moved to deny the request by the Williston Police Department for $2,600.00 from the County Communications Technology fund.   Comm. Yearty seconded and the MOTION CARRIED.

GRANTS

Mr. Joe Mittauer, Mittauer & Associates, presented the proposal for Engineering Services for the Community Development Block Grant (CDBG) awarded by the Florida Department of Community Affairs (DCA).

Comm. Stevens moved to enter into an agreement with Mittauer & Associates for engineering services in the amount of $89,000.00.  Comm. Rooks seconded and the MOTION CARRIED.

ROAD, COUNTY

Mrs. Dorothy Foster requested NE 86th Lane and NE 110th Terrace be dedicated and accepted into the  road maintenance program as there are currently 14 families living on the road.

Mr. Watson said that the roads would be reviewed by the Road Committee within the next two (2)  weeks and a recommendation would be made to place in the maintenance system if the roads meet the policy requirements.

Chairman Parker requested Mr. Watson to notify Mrs. Foster and Ms. Dianne Deedrick on the findings of the Road Committee.

PARKS AND RECREATION

Ms. Annette Long presented a copy of a brochure distributed by the Department of Environmental Protection (DEP) promoting the protection of the Manatee Spring basin.

LEASES AND RENTALS

Ms. Leslie Sturmer, Shellfish Aquaculture Extension Agent, explained the University of Florida is requesting the use of sovereign submerged lands to conduct research related to the ecology of the Suwannee Sound region and the parcels are unsuitable for commercial clam aquaculture.  Ms. Sturmer said a letter of support if the request is approved would be needed for the Department of Agriculture and consumer Services, Division of Aquaculture.  Comm. Rooks moved to write a letter in support of the land use to the Department of Agriculture and Consumer Services and allow the use of the sovereign submerged lands for the research as requested on the designated parcels.   Comm. Yearty seconded and the MOTON CARRIED.

Ms. Sturmer said the management use agreement for the use of sovereignty submerged lands located within the Dog Island High-density Lease Area consisting of six (6) acres needed to be renewed. Ms. Sturmer said the site is being used for ongoing educational purposes.  Comm. Rooks moved to approve the renewal of  the management use agreement.   Comm. Yearty seconded and the MOTION CARRIED.

BUILDING AND ZONING

Mr. Rob Corbitt submitted a comparison of the various fees of ten (10) surrounding counties..  Mr. Corbitt explained Building & Zoning Department fees have not been increased since November 1993 and the goal is to make the department self-sustaining with a fee schedule to meet needs for the next five (5) years.  

Comm. Stevens recommended advertising the proposed fee schedule increases and place it on the agenda of the next regular meeting.

EMERGENCY MANAGEMENT SERVICES

Ms. Paula Kennedy presented the agreement for the Emergency Management Preparedness and Assistance (EMPA) Base Grant with the Florida Department of Community Affairs (DCA) for an anticipated grant amount of $103,196.00. Comm. Stevens moved to approve the Emergency Management Preparedness and Assistance (EMPA) Base Grant.  Comm. Rooks seconded and the MOTION CARRIED.

Ms. Kennedy explained the Withlacoochee All Hazards Guide is a publication published by the District V, Local Emergency Planning Committee consisting of Citrus, Hernando, Marion, Levy, and Sumter Counties.

LIBRARY

Mr. Tom Reitz said notice of the awarding of the Library Services and Technology Act (LSTA) Grant for $36,000.00 to fund the Levy County Public Library Youth Services Project has been received and approval is needed to accept the grant.

Comm. Yearty moved to accept the LSTA grant for the Library Youth Services Project.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Reitz asked the Board for permission to apply for the State Aid to Libraries Grant for FY 2002-2003.  

Comm. Yearty moved to authorize application to the Florida Division of Library and Information Services for a State Aid to Libraries Grant for Fiscal Year 2002-2003.   Comm. Rooks seconded and the MOTION CARRIED.

Mr. Reitz presented seven (7) proposed policies for the library system for approval that have been reviewed by Library Staff and the Library Advisory Board.  Mr. Reitz explained the policies address Library Procedures; Meeting Space in Libraries; Confidentiality of Library Records; Library Photocopiers; Library Circulation; Children Left in Library Facilities; and Collection Development.

Comm. Yearty moved to approve the seven (7) policies for the library system.   Comm. Foley seconded and the MOTION CARRIED.

VETERAN'S OFFICE

Mr. Major Stroupe presented a resolution commemorating September 11, 2001.

Comm. Foley moved to adopt the resolution.   Comm. Yearty seconded and the MOTION CARRIED.

VALUE ADJUSTMENT BOARD

Mr. Danny J. Shipp advised three (3) commissioners needed to be appointed to serve on the Value Adjustment Board (VAB).  Chairman Parker appointed Comm. Stevens, Comm. Rooks and himself to serve and Comm. Foley as alternate.

Mr. Shipp said the hearings have been scheduled for  September 28, 2002  and September 29, 2002, commencing at 9:00 a.m..

LEASES AND PERMITS

Mr. Beauchamp presented a proposed lease from Dr. Wilfredo Aqui for the rental of 295 South Court Street, Bronson to provide office space for the Guardian Ad Litem program commencing September 1, 2002 until August 31, 2003.

Comm. Yearty moved to enter into the lease agreement with Dr. Aqui for the rental of office space.   Comm. Rooks seconded and the MOTION CARRIED.

TAX ROLL

Mr. Beauchamp presented the Certificate for Non-Ad Valorem Special Assessment Roll for review and approval.  Comm. Yearty moved to approve the Certificate for Non-Ad Valorem Special Assessment Roll.   Comm. Foley seconded and the MOTION CARRIED.

Mr. Beauchamp  presented the proposed agreement to Linda Fugate, Levy County Tax Collector, requesting her to act as agent for the Board and prepare the annual Non-Ad Valorem Special Assessment Roll for the calendar year 2002.  Mr. Beauchamp explained a charge of 3% per non-ad valorem assessment will be charged to cover actual cost of collection, including but not limited to personnel, forms, supplies, data processing, equipment , postage and programming.  Comm. Yearty moved to approve the agreement requesting the Levy County Tax Collector to prepare the annual Non-Ad Valorem Special Assessment Roll.  Comm. Stevens seconded and the MOTION CARRIED.

ORDINANCES

Mr. Beauchamp said the proposed changes to mining ordinance have been advertised and the public hearing is  scheduled for September 17, 2002.   Mr. Beauchamp said a local property owner may  attempt to file an application for a mining permit prior to public hearing.  Mr. Beauchamp explained a recent United States Supreme Court decision has strengthened the governmental position to impose a moratorium when the need to protect the greater public good creates an emergency.

Comm. Stevens moved to discuss a non-agenda item.  Comm. Rooks seconded and the MOTION CARRIED.

   Comm. Stevens explained the impact from the issues of the proposed mining ordinance has caused an emergency situation affecting all of the county.     Comm. Steven moved to declare a moratorium on mining permit applications for the next four (4) weeks.  Comm. Rooks seconded.  Comm. Yearty, Comm. Rooks, Comm. Stevens and Chairman Parker voted YES, Comm. Foley voted NO and the MOTION CARRIED.

AGENCIES

Comm. Rooks said Hospice of the Tri-Counties, to commemorate September 11, 2001, will be bringing a Healing Wall to the Courthouse on September 9, 2002 from 8:00 a.m. until 3:00 p.m..   Comm. Rooks said everyone is invited to write or draw their feelings on the "wall".

VALUE ADJUSTMENT BOARD

Mr. Danny Shipp said the dates for the Value Adjustment Board (VAB) hearings would need to be changed from September 28, 29, 2002  to October 16, 2002 and October 17, 2002 to permit sufficient time for notice to the public.

Comm. Stevens moved to amend the Value Adjustment Board (VAB) hearings to  October 16, 2002  and October 17, 2002.  Comm. Rooks seconded and the MOTION CARRIED.

BUDGET

Mrs. Sheila Rees said a budget amendment is needed to adjust the current budget for fiscal year 2001 to 2002 and recommended closing the Special Construction Fund at an estimated amount of 1.9 million dollars  and transferring it to the General Fund . Mrs. Rees explained the funds in the Special Construction Fund  represent money received  from the barge canal. Comm. Yearty moved to approve the budget amendment to close the Special Construction Fund and transfer the funds to the General Fund.  Comm. Rooks seconded and the MOTION CARRIED.

Mr. Francis Akins said the Property Appraiser, Clerk of Court and the Tax Collector have instituted cost share for needed services.

Chairman Parker recommended commencing budget planning on an earlier time frame for the 2003-2004 fiscal year.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                    Tony Parker, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court