REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 18, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on March 18, 2003 at 6:30 p.m. in the Levy County Board of County Commissioners' meeting room, with the following Commissioners present:
Chairman Danny Stevens
Vice Chairman Lilly Rooks
Comm. Tony Parker
Comm. Sammy Yearty
Comm. Nancy Bell
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 6:30 p.m.. The invocation was given by Mr. Jimmy Willis followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
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MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of March 4, 2003 and the special meeting of March 11, 2003. Comm. Parker seconded and the MOTION CARRIED.
DEVELOPMENT DEPARTMENT
Mrs. Amy Zamora said the noise level from the operation of Rhino Gun Cases, Inc. outdoor firing range appears to be exceeding acceptable noise levels and is disrupting the peace and serenity of the neighborhood. Mrs. Zamora said the neighbors adjacent to the gun range do not feel it is compatible with surrounding land uses.
Mr. Rob Lilkendey, Siebein Associates, Inc. explained they are consultants in architectural acoustics and were requested to review the acoustical measurements collected by Mr. Rob Corbitt and Sargent Grant Sandlin measuring the decibel levels as requested by the Planning Board upon submission of the petition to the Board of County Commissioners. Mr. Lilkendey explained the procedure to interpret the sound levels and said it appeared the report of December 11, 2000 sound level measurements exceeded the decibel levels allowed by the noise ordinance. Mr. Lilkendey said they did not go to the site to perform a sound test and have not inspected the equipment used in preparing the test but their firm would provide a consultation if requested.
Chairman Stevens said a committee consisting of Mr. Greg Beauchamp, Mr. Rob Corbitt, Mr. Fred Moody, Mrs. Kathy Winburn with him as Chairperson will review the complaint and report at the next regular meeting with their findings.
Chairman Stevens explained additional responses would be addressed during "Public Comments."
MISCELLANEOUS
Mr. Fred Moody explained Ms. Lynn Slaughter had requested to be removed from the agenda and will reschedule for the April 8, 2003 regular meeting.
MAPS AND PLATS
Mr. Ted Glass said the permits from Southwest Water Management District have not been completed and requested an extension of six (6) months for the preliminary plat of "Wilson Estates."
Comm. Yearty moved to allow a six (6) month extension for the preliminary plat of "Wilson Estates." Comm. Bell seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mr. Walt McJordan recommended when considering a Community Development District (CDD) for the Cedar Key Plantation, the county should be looking for new revenue bases and not subsidizing developers. Mr. McJordan said this project has raised concerns for the protection of the clamming industry and how waste water will be handled since the Cedar Key Water District did not extend their boundaries. Mr. McJordan said establishing a committee to review the current proposal and plans for additional properties being added to a Community Development District and protecting the tax base would be of assistance in accumulating and reporting on findings. Comm. Parker moved to appoint a committee to review the proposals. Mr. McJordan recommended a committee representing all areas of the county. Comm. Parker withdrew his action and requested the issue be placed on the agenda for the next regular meeting.
ZONING
Mr. Rob Corbitt presented the following petitions for a Hardship Variance:
Petition No. Ha. Va. - 2-03 - Ted and Rosemary Summers, petitioning the Board for a Hardship Variance to allow a second dwelling in order for their son, David Summers, to care for them on a parcel of land located in Bonable Acres, Type II Subdivision, Lot 10, in Section 26, Township 15 South, Range 17 East, in Levy County. Said parcel contains 20.01 acres more or less and is located within a Forestry/Rural Residential (F/RR) zone. The current street address is 12131 S. E. 124th Avenue.
Mr. Corbitt said the petition had been reviewed by Mr. Mat Johnson, Code Enforcement and all proper documentation had been received. Chairman Stevens called for opposition to the petition and none was presented. Comm. Yearty moved to approve the petition for a hardship variance. Comm. Bell seconded and the MOTION CARRIED.
Petition No. Ha.Va. - 3-03 - Larry Wilcox, petitioning the Board for a Hardship Variance to allow for a second dwelling in order to care for his sister, Susan Petrie, on a parcel of land located in the E ½ of the NE 1/4, in Section 35, Township 11 South, Range 17 East, in Levy County. Said parcel contains 80 acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone. The current street address is 11851 N. E. 108th Street.
Mr. Corbitt said the petition had been reviewed by Mr. Mat Johnson, Code Enforcement and all proper documentation has been received. Chairman Stevens called for opposition to the petition and none was presented. Comm. Parker moved to approve the petition for a hardship variance. Comm. Rooks seconded and the MOTION CARRIED.
ORDINANCES
Mrs. Kathy Winburn said the Department of Community Affairs (DCA) has submitted notification the applications for large scale amendment ordinances would not be formally reviewed, the Objections, Recommendations and Comments report would be waived and action to adopt the ordinances could proceed. Mrs. Winburn presented the ordinances as follows:
Ordinance No. 2003-03 -An Ordinance of Levy County, Florida; relating to an amendment of more than ten (10) acres of land to the Future Land Use Map (FLUM) of the Levy County Comprehensive Plan and the zoning classification of a parcel pursuant to an application by Michelle McElroy representing Luther and Juanita White, under the regular amendment procedures established in Section 163.3161 through 163.3215, Florida Statutes; changing the future land use classification from A/RR (Rural Low Density Agriculture Residential, one dwelling unit per ten (10) acres) to RR (Rural Low Density Residential, one (1) dwelling unit per three (3) acres) and the zoning classification from A/RR (Agriculture Rural Residential District) to RR (Rural Residential Single-family District) on certain lands within Levy County, Florida; providing severability; and providing an effective date.
Chairman Stevens called for public comments and none were presented. Comm. Rooks moved to adopt the ordinance. Comm. Bell seconded and the MOTION CARRIED.
Ordinance No. 2003-04 - An Ordinance of Levy County, Florida; relating to an amendment of more than ten (10) acres of land to the Future Land Use Map (FLUM) of the Levy County Comprehensive Plan, pursuant to an application by Levy County and the Suwannee River Water Management District, under the regular amendment procedures established in Section 163.3161 through 163.3215, Florida Statutes; changing the future land use classification from F/RR (Forestry Rural Residential, one (1) dwelling unit per 20 acres) to NR (Natural Reservation) on certain lands within Levy County, Florida; providing severability; and providing an effective date.
Chairman Stevens called for public comments on the land use classification for a portion of the area known as "Devil's Hammock" and none was presented. Comm. Bell moved to adopt the ordinance. Comm. Yearty seconded and the MOTION CARRIED.
Mrs. Winburn explained the access management strategy has been prepared with the cooperation of the City of Chiefland, the City of Fanning Springs, Levy County, and the State of Florida, Department of Transportation by the Center for Urban Transportation Research (CUTR) with a technical assistance grant for the U.S. 19 Corridor. Mrs. Winburn said the purpose of the public was to adopt an ordinance for an access management overlay district. Mrs. Winburn said this was the first public hearing on the proposed ordinance and the ordinance heading was as follows:
An Ordinance of Levy County, Florida, imposing an overlay zoning district for the U.S. 19 corridor between the city limits of Chiefland and the city limits of Fanning Springs on certain property, generally described as containing frontage on U. S. 19 or any road intersecting U.S. 19 for a distance of 660 feet from the intersection; providing specific regulations related to access management; providing direction to the codifier; providing a severability clause; and providing an effective date.
Chairman Stevens called for public comments and none were presented. Comm. Rooks moved to approve the first reading of the ordinance. Comm. Parker seconded and the MOTION CARRIED.
AGENCIES
Mrs. Sharon Battles said the Family Christian Association of America, Inc. has started a branch in Williston offering services to the community where there are needs with a long term goal of establishing a recreation center. Mrs. Battles explained Family Christian Association of America, Inc. was established in Miami, Florida and has been in existence approximately 20 years and is funded with grants, fund raisers and private donations.
TAX ROLL
Mr. David Vaudreuil of A & N Corporation, said he has submitted an application to Mr. Francis Akins, Property Appraiser requesting a renewal of the abatement of his ad valorem tax. Mr. Vaudreuil explained he had complied with the previous tax reduction by bringing 25 new employees and is committed to hiring an additional 25 employees if the application for tax abatement is granted.
Mr. Gil Levy, of the Perkins State Bank, said if a tax abatement was granted to A&N Corporation it would be of economic benefit translating into additional employees and an investment into the community.
Comm. Yearty said the Florida Statute is specific for tax abatements and recommended referring the issue to Mr. Beauchamp to review the request and notify Mr. Vaudreuil of the conditions for a tax abatement.
ROADS, COUNTY
Mr. Clayton Carter said the Quincey Cattle Company has hired Usher Land & Timber Company to cut trees along CR 320 and would like to be able to detour traffic from the area for the day the timber is being cut.
Chairman Stevens requested Mr. Justin Watson to coordinate with Major Bobby McCallum of the Sheriff's Office to control traffic for the public safety and to be able to assess any damage to the road. Major McCallum said the Sheriff's Office would assist with traffic control.
MISCELLANEOUS
Mrs. Renate Cannon said the public address system in the Court Room needed to be improved to allow attendees to hear what is being discussed.
PLANNING, COUNTY
Mrs. Cannon suggested a member of the public who has complained of the noise from the firing range be allowed to sit on the committee established to review the complaint. Chairman Stevens explained staff would first review the situation and report on their findings and then Mrs. Zamora and Mr. Morales would be invited to participate on the committee.
Mr. George Johns said he is a member of a skeet club in Palatka and supported Mr. Morales operation of the Rhino complex and encouraged the continued operation of the facility. Mr. Johns said additional revenues are the result of the operation of the complex with shooters also patronizing local businesses.
Comm. Parker said businesses are supported and it would be investigated if Mr. Morales business was in compliance with the noise ordinance and try to resolve the issue to the satisfaction of the community.
Mr. Don Trot explained he was a resident of Marion County who resided near the Rhino complex and noise from the complex would affect property values.
Mr. Bill Brooks said his property abuts Mr. Morales property where the Rhino complex is located and does not have an objection to the gun range or noise.
Mr. Gary Marshall said he was a resident of Ocala and the complex provided a professional care for safety.
Mr. Wayne Race said the noise from the facility was affecting the community and the complaints needed to be investigated.
Mr. Jose Morales explained it was his intention to comply with all rules and regulations and did not oppose an additional decibel reading of the noise level. Mr. Morales said there is not any shooting at the complex after dark and some of the buffer has been removed with the widening of U.S. 27 Alternate.
Mrs. Lisa Hanna said the quality of her family life has been affected from the noise at the facility.
Mr. Felix Zamora explained he was not opposed to the business when the application was made and did not hear the shooting when the sound check was made at the property, however, the noise from the facility has become a nuisance.
Mr. John Fink, of Chiefland, explained he was a skeet shooter and would visit the complex.
Ms. Jan Noble said both sides of the issue needed to be reviewed and would visit the facility.
Mr. Rick Lombardo explained berms could be built and trees planted to lessen the noise.
Mrs. Sandy Fink said she attends skeet ranges as a guest with her husband and is not upset or offended by the shooting.
Mr. Charles Brickell said he resides in Marion County and Mr. Morales has one of the finest courses and creates revenue for the community. Mr. Brickell requested careful consideration of all information provided.
GRANTS
Mr. Tom Reitz said the LSTA application from the Florida Department of State, Division of Library and Information Services has been awarded for $43,804.00.
EMERGENCY MEDICAL SERVICES
Mr. Fred Moody said as a result of the interviews for Director of Emergency Medical Services (EMS) the question was raised on the medical qualification in a medically related field for the selected applicant, Mr. William Carrecia. Mr. Moody said it was determined that Mr. Carrecia met all of the qualifications. Mr. Moody recommended a committee be appointed to discuss the benefit package, salary range and starting date with Mr. Carrecia.
Chairman Stevens appointed Mr. Moody and Mr. Beauchamp to serve on the committee he would chair.
TAX ROLL
Mr. Moody presented the following Certificates of Correction of Non Ad Valorem Assessments:
Lawrence and Annie Mae Curry, Parcel #01961-000-00, Otter Creek, assessed for one (1) unit which has been removed for seven (7) years, to no units.
Mr. Moody said the request has been verified and it is recommended to approve the Certificate of Correction of Non Ad Valorem Assessment. Comm. Bell moved to approve the Certificate of Correction for Lawrence and Annie Mae Curry. Comm. Yearty seconded and the MOTION CARRIED.
Mary Lewis, Parcel #05869-000-00, 422 S. E. 1st Place, Williston, assessed for one (1) unit which has been removed from the property, to no units.
Mr. Moody said the request has been verified and it is recommended to approve the Certificate of Correction. Comm. Bell moved to approve the Certificate of Correction for Mary Lewis. Comm. Yearty seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Moody presented the Data Sharing Agreement with the State of Florida, Agency for Health Care Administration pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for approval. Mr. Moody explained the disclosure of health care and insurance information is controlled by HIPAA and accountability for disclosure of information is stringent. Comm. Rooks moved to approve the Data Sharing Agreement. Comm. Bell seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Moody said the City of Chiefland is prepared to pave the parking lot at Strickland Park and it was previously approved to provided assistance with labor, equipment and materials with reimbursement from the City of Chiefland. Mr. Moody said the total cost will be $65,185.54. Comm. Rooks moved to approve the costs for the labor, equipment and materials to be provided for the parking lot at Strickland Park. Comm. Bell seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Ms. Heather Alexander presented the fire contract with Rainbow Lakes Volunteer Fire Department. Comm. Bell moved to approve the contract. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY FIRE DIRECTOR
Mr. Victor Scott explained the Fire Advisory Board had reviewed the job description and recommended the County Fire Chief be designated as the County Fire Director. Mr. Scott said they also recommended an enforcement program and amendments to the description with Fire Advisory Board and County Commission approval.
Chairman Stevens recommended Mr. Scott obtain approval from all of the fire chiefs on the proposed description and then present the recommendation.
Mr. Scott said the Fire Advisory Board expressed concern on the study being prepared by the union for combining fire and rescue, having paid personnel and where the revenue would come from to pay for the study and paid personnel.
Mr. Scott said the Rosewood Volunteer Fire Department would be submitting their contract.
Mr. Beauchamp explained the fire assessment would remain at the same rate for the 2003-2004 fiscal year and any increases or decreases would not be able to be addressed due to time requirements.
Comm. Rooks explained the study being prepared for fire/rescue is being prepared at no cost to the county and may make grant funds available in the future.
Comm. Rooks explained the Rosewood Volunteer Fire Department did not realize their contract had not been returned.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
SE 60th Lane and SE 62nd Street located in Ocala Highlands West, requiring two (2) loads of rock and 1 ½ hours grading for an estimated cost of $700.50.
Mr. Watson said the corner of SE 62nd Street and SE 216th Avenue is holding water and people are driving through Mr. Bruce O'Neal's property to avoid this. Comm. Yearty moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
SW 176th Street located in Cedar Key Heights, requiring seven (7) loads of rock, four (4) loads of fill dirt and six (6) hours of grading for an estimated cost of $3,502.00.
Comm. Bell moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Watson requested an extension to the fill dirt agreement with Mr. Benny Jerrels to allow removal of the dirt which has been excavated. Mr. Watson said the agreement expired September 30, 2002 and requested extending the contract through September 30, 2003. Comm. Yearty moved to approve the extension of the fill dirt agreement to allow the removal of excavated dirt. Comm. Rooks seconded and the MOTION CARRIED.
AIRPORTS
Mr. Watson said the Cedar Key Airport was inspected and the airport needs to be closed for one (1) day to allow for the repainting of the runway and the extermination of foliage in the asphalt. Mr. Moody said the Federal Aviation Administration (FAA) would be notified and advertised that the airport would be closed for one (1) day.
Mr. Brett Sandlin requested that Emergency Medical Services (EMS) be notified of the date of the closing of the airport since this is a landing site for the ShandsCare medical unit.
TRANSPORTATION
Mr. Major Stroupe said the grant application approved for the purchase of a vehicle was awarded at $38,125.00 and the vehicle purchase price was $44,463.80. Mr. Stroupe said the match amount due for the purchase is $10,251.80 which consists of the 10% match and the additional cost of the vehicle.
Comm. Yearty explained when the budget was prepared for the Transportation Department there were costs for purchases omitted that had been approved and approval was needed for the expenditure from the General Fund. Comm. Yearty moved to approve the purchase order of $10,251.80. Comm. Rooks seconded.
Mr. Stroupe said the purchases for the vehicles have been made on the state bid contract.
Comm. Yearty explained funding for the transportation disadvantage have been secured and appropriated for Levy County and the money being provided allows for the program to be operated locally and not contracted to vendors in Alachua County and the MOTION CARRIED.
Chairman Stevens requested Mr. Moody to schedule a workshop with Mrs. Gwen Pra on April 8, 2003 after the regular meeting to discuss the Transportation Department.
GRANTS
Mr. Stroupe explained there are unused grant funds from the current fiscal year that are available from the Department of Transportation (DOT) that can be utilized for the purchase of a building and an allocation for renovations. Mr. Stroupe said the grant funds are $250,000.00 to purchase a building and $80,000.00 for renovations with in-kind services allowed for the match portion for renovations. Mr. Stroupe explained the grants are a 50/50 match.
Comm. Yearty explained the match requirement would be $125,000.00 for the building and $40,680.00 for the renovations. Comm. Yearty said the Partin building on US 27 Alternate is available and the Department of Transportation have tied these funds to the purchase of that building. Comm. Yearty said there is sufficient room for the transportation disadvantage department and additional departments.
SUPERVISOR OF ELECTIONS
Mrs. Connie Asbell explained information received for redistricting was received late and in preparing for the first primary an error was made and the Morriston precinct had been split. Mrs. Asbell said there will now be 20 precincts not 21 precincts and approval is necessary to institute the precinct change. Comm. Bell moved to approve the precincts as submitted by the Supervisor of Elections, Mrs. Asbell. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Asbell said federal and state laws will require upgrading of precincts to meet the American Disabilities Act (ADA) standards and the Florida Voting Accessibility Act. Mrs. Asbell explained requirements will include touch screens, real time access for handicapped voters, lap tops that will allow poll workers direct access to voter registration. Mrs. Asbell said the county precinct buildings have been inspected and parking is inadequate, handrails need to be extended, ramps need to be leveled, pressure doors installed and handicapped parking to allow wheel chair access. Mrs. Asbell said the survey must be completed by August 2003 and submitted to the Division of Elections.
Mrs. Asbell explained the cost of the computers for the polling places will be approximately $5,000.00 per precinct and will need to be stored in a climate controlled facility and some funding should be appropriated to institute these requirements.
GRANTS
Mr. Danny Shipp requested authorization to hire a consultant to administer the Community Development Block Grant (CDBG) through the completion of the grant. Mr. Shipp explained this grant is for neighborhood revitalization for road projects and is currently in the engineering design phase. Mr. Shipp said there are grant funds allocated for administration costs to pay consultant fees. Comm. Parker moved to approve the hiring of a consultant to complete the CDBG grant. Comm. Rooks seconded and the MOTION CARRIED.
ATTORNEYS, COUNTY AND STATE
Mr. Beauchamp presented the following request for approval to the Conflict Attorney List:
Susan Stephens Anders
Comm. Bell moved to approve Susan Stephens Anders to the Conflict Attorney List. Comm. Parker seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp said the agreement with Architects Design Group, Inc. for a county-wide space planning study was approved and they have completed the space study for the jail and are proceeding with the remaining space needs. Mr. Beauchamp explained the current financial restraints may indicate the contract be terminated prior to expending any further funds.
Comm. Yearty explained approximately $15,000.00 of the $38,000.00 agreed cost has been expended and recommended terminating the contract and using what has been completed as a tool for future reference. Comm. Yearty moved to cancel the contract with Architects Design Group, Inc. and remit the balance due on services performed. Comm. Bell seconded and the MOTION CARRIED.
ATTORNEYS, COUNTY AND STATE
Mr. Beauchamp explained the recent Supreme Court ruling has affected the special assessments for fire and rescue services and he has consulted with Ms. Virginia Saunders Delegal of Nabors, Giblin & Nickerson, P.A. concerning contracting with them to bring the assessment into compliance and allow those funds to be collected for the ensuing fiscal year. Comm. Rooks moved to approve contracting with Nabors, Giblin & Nickerson, P.A. to revise the assessment for emergency medical services. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Beauchamp recommended retaining Nabors, Giblin & Nickerson, P.A. to revise the ordinance for the Municipal Service Taxing Units (MSTUs), and special assessments for fire and landfill allowing for the adjustment of these assessments. Mr. Beauchamp explained they had estimated their fees at approximately $30,000.00 to $35,000.00 for the preparation and implementation.
Comm. Bell recommended proceeding through the formal bid process and obtain three (3) bids for the service.
Mr. Beauchamp explained legal services are exempt from the bid policy but would discuss the process with Ms. Delegal on the proper procedure.
Chairman Stevens said the process would be four (4) to six (6) weeks with securing proposals.
COMMISSIONERS
Comm. Parker said long term planning needs to continue to be a consideration for future expansions and funding.
TRANSPORTATION
Chairman Stevens said three (3) appraisals of the Partin building would be required with any contract for purchase and the purchase would be subject to the appraisals.
Comm. Parker inquired if any other locations could be considered for purchase using the grant funds or were the funds contingent on the purchase of the Partin building.
Comm. Yearty said the Department of Transportation presented the information on that specific building after expressing concerns of a public Park-N-Ridge program being located at the Road Department.
Chairman Stevens said a special meeting will need to be scheduled to provide a decision on the acceptance of the funds by March 31, 2003.
EMERGENCY MANAGEMENT SERVICES
Comm. Yearty commended Mrs. Paula Kennedy for the assistance she has provided to residents on the river from the flood conditions.
CONTRACTS AND AGREEMENTS
Comm. Rooks presented a continuing interlocal agreement creating the Citrus, Levy, Marion Workforce Consortium. Comm. Rooks moved to approve the agreement. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Rooks moved to approve the 5th Amended and Restated Agreement to establish the Citrus, Levy, Marion Regional Workforce Board. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Lannie Cardona explained there are currently seven (7) Board positions for Levy County from the private sector with only two (2) active members. Mr. Cardona said federal and state funding is received through the Workforce and private participation needs to be encouraged.
Chairman Stevens requested each Commissioner contact Mr. Cardona with recommendations for members to the Workforce Board.
LEGISLATIVE
Comm. Rooks said current legislative concerns impacting counties include a proposed increase for medicaid funding, assumption of the costs for transporting medicaid recipients, county funding for Department of Juvenile Justice (DJJ) and the loss of a ½ cent sales tax.
FESTIVALS
Chairman Stevens said he would be attending the Suwannee River Livestock Fair along with Comm. Rooks and Mr. Shipp and would be willing to make a purchase on the personal behalf of the Commissioner's.
COMMISSIONERS
Chairman Stevens said the committee will be reviewing the complaints received against Rhino Outdoors in Williston and advised there are agricultural, commercial and industrial operations in the same area.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court