REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 8, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on April 8, 2003 at 9:00 a.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 9:00 a.m.. Chairman Stevens called for a moment of silence to remember Mr. Brian Buesing a Marine slain in Iraq and followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of March 18, 2003 and the special meeting of March 31, 2003. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin advised two (2) bids were received on the road resurfacing project for CR 335. Mrs. Martin opened the following bids.
V. E. Whitehurst & Sons, Inc. $1,570,656.05
Anderson Columbia Co., Inc. $1,650,911.32
Chairman Stevens appointed Comm. Parker, Mr. Fred Moody, Mr. Kelly Jerrels and Mr. Lee Mills to review the bids specifications and provide a recommendation.
AGENCIES
Mr. Mike Penn, Forest Supervisor, II of Goethe State Forest presented a check for $51,248.96 representing payment in lieu of taxes from timber and recreation receipts.
PLANNING, COUNTY
Mr. Walt McJordan recommended appointing Mr. Earl Starnes, a professor of Urban Development/Naturalist at the University of Florida and Mr. Gordon Phelps, a senior officer with Citi Bank, business and international banking as part of the committee to explore the formation of a Community Development District (CDD) for the Cedar Key Plantation and Andrews property. Comm. Rooks moved to accept Mr. McJordan's recommendation to have Mr. Starnes and Mr. Phelps on the committee with Mr. McJordan, Ms. Kathy Winburn and Mr. Rob Corbitt. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
SHERIFF'S OFFICE
Ms. Lynn Slaughter advised she was withdrawing the item concerning the Sheriff's Office from the agenda as they were investigating through their internal affairs.
ZONING
Ms. Slaughter said the deed restrictions at King Ranchettes have been violated and requested reviewing the current policy and establishing an enforcement of deed restrictions by Code Enforcement.
Chairman Stevens requested Mr. Greg Beauchamp and Mr. Fred Moody to review the complaint.
COUNTY EMPLOYEES
Mr. Moody explained the committee had met with Mr. Billy Carrecia to complete employment negotiations and it was recommended to have a starting salary of $39,000.00 with an increase of $1,000.00 in six (6) months upon a satisfactory review. Mr. Moody said Mr. Carrecia had begun employment effective April 8, 2003. Comm. Rooks moved to approve the salary recommendation. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Moody said it is recommended to promote Mr. Matt Weldon to Mosquito Control Assistant Director at his current salary level. Mr. Moody explained Mr. Wayne Hardee is currently enrolled in the DROP retirement program and the promotion of Mr. Weldon from foreman will allow the department to continue functioning and compliance with state requirements without interruption. Comm. Bell moved to approve the job reclassification. Comm. Yearty seconded. Mr. Beauchamp advised Mr. Moody to inform Mr. Weldon this would exempt him from the bargaining unit and the MOTION CARRIED UNANIMOUSLY.
Mr. Moody said it was being recommended to reclassify Mrs. Jacqueline Martin from Administrative Assistant III to Human Resource Manager with the salary remaining at the current level. Mr. Moody explained Mrs. Martin will continue her current duties and being designated as Human Resource Manager she will be responsible for the centralized personnel department and current statutes and privacy acts. Comm. Bell moved to approve the reclassification to Human Resource Manager for Mrs. Martin. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
AGENCIES
Mrs. Barbara Locke said the Levy County Health Department has an opportunity to apply for a grant to expand the primary care service to allow for a physician to be available five (5) days a week instead of four (4). Mrs. Locke said $25,000.00 is the required local match and the application must be submitted by April 21, 2003. Mrs. Locke said the funds would allow the indigent drug program to be expanded and possibly more lab services.
Comm. Yearty said it was a worthwhile cause if funding could be found without further depleting reserve funds. Comm. Yearty requested Mr. Moody to contact the Finance Department to determine if there were funds available to be used as the local match.
Comm. Rooks recommended investigating if any of the indigent funds could be utilized.
INSURANCE
Mrs. Jacqueline Martin presented the Employer/Plan Sponsor Certification to the Group Health Plan that maintains certain policies and procedures in compliance with the privacy rule set forth in the Health Insurance Portability and Accountability Act of 1996 (HPAA). Comm. Yearty moved to approve acceptance of the certification. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
LIBRARY
Mr. Tom Reitz requested authorization to proceed with the annual renewal of the library automation system maintenance with the SIRSI Corp. for $8,927.00. Mr. Reitz explained this is a "sole source" provider. Comm. Yearty moved to approve the renewal of the maintenance plan with SIRSI Corp.. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
BIDS
Mr. Lee Mills said the committee had reviewed the bids received for the road resurfacing project on CR 335 and it was recommended to accept the low bid from V. E. Whitehurst & Sons, Inc. for $1,570,656.05. Mr. Mills said the bid met the specifications and upon bid acceptance the contract will be submitted and the project begun. Comm. Parker moved to accept the low bid from V. E. Whitehurst & Sons, Inc.. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
PLANNING, COUNTY
Mrs. Kathy Winburn explained the staff report has been provided concerning the comprehensive plan amendment to create a land use category as requested by the Andrews family and their representatives with Kimley-Horn and Associates, Inc..
Comm. Yearty advised the Andrews family had requested to withdraw this presentation and place it on the agenda for the next regular meeting when they are able to attend and provide a response.
CONTRACTS AND AGREEMENTS
Mrs. Winburn presented the Memorandum of Agreement between The Suwannee River Water Management District and the Levy County Board of County Commissioner's for the cooperative management of Devil's Hammock. Mrs. Winburn explained the agreement calls for coordination of management activities and a work plan to be completed annually by March 1. Comm. Yearty moved to approve the agreement for the cooperative management of Devil's Hammock. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 71st Street located in University Estates, requiring two (2) loads of rock and two (2) hours of grading for an estimated cost of $734.00 commencing at C335 and ending at NE 105th Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
NE 76th Street located in University Estates requiring two (2) hours of grading at an estimated cost of $134.00 commencing at NE 105th Avenue and ending at NE 110th Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
NE 80th Street located in University Estates requiring two (2) hours of grading for an estimated cost of $134.00 commencing at School Street and ending at NE 105th Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
NE 112th Terrace located in Oak Ridge Estates requiring one and a half (1 ½) hours of grading for an estimated cost of $100.50, commencing at SR 27 and ending at C335.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
NE 139th Terrace and NE 150th Place located in B & R Unit 6 requiring two (2) hours of grading for an estimated cost of $134.00 beginning at NE 52 Place and ending at NE 50th Place.
Mr. Watson explained NE 150th Place was omitted from the description and needs to be graded and it is continuous with NE 139th Terrace. Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
SW 67th Place located in Cedar Key Highlands requiring four (4) loads of rock and grading for an estimated cost of $1,200.00, commencing at SW CR 347 and ending at SW 132nd Avenue.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
SW 72nd Place located in Coastal Oaks requiring two (2) hours of grading for an estimated cost of $134.00 commencing at SW CR 347 and ending at SW 72nd Place.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
SW 104th Court located in Rosewood Park requiring two (2) hours of grading for an estimated cost of $134.00, commencing at SW 60th Street and ending at SW 55th Street.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
ROADS, COUNTY
NW 133rd Lane located in Doe Run Subdivision, remove three (3) large oak trees from the county right of way for an estimated cost of $600.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Watson explained a response has been received from the Florida Department of Transportation (FDOT) concerning the intersection of SR 121 and CR 326 and he is withdrawing his request for authorization to submit a letter to the Florida Department of Transportation as shown on the agenda.
Chairman Stevens read the letter received from Anthony J. Falotico, P.E., Assistant District Traffic Operations Engineer advising they are investigating the tragic crash that occurred on March 23, 2003 and a flashing beacon will be installed when the resurfacing project scheduled in the 2003/2004 work plan commences including the installation of turning lanes on SR 121.
Mr. Watson said double STOP signs and rumble strips have been installed.
ZONING
Mr. Rob Corbitt presented the following petition:
Petition No. FP 1-03 - Danny Croft, representing Paul Droney, petitioning the Board for a Final Plat of "Gator Acres," a subdivision located in a portion of the S 3/4 of the N ½, in Section 35, Township 11 South, Range 17 E, in Levy County. Said parcel contains 75 acres more or less and is located partially in the Rural Residential "RR" zone and Agriculture/Rural Residential "A/RR" zone. The parent parcel number is 03264-000-00 and is submitted with a recommendation of approval from the Planning Commission.
Mr. Rob Corbitt said surrounding residents had inquired if there would be deed restrictions requiring conventional built homes only. Mr. Corbitt said there have not been any deed restrictions submitted with the plat and Mr. Droney advised he does not intend to restrict the development to conventional built home. Mr. Corbitt explained the plat meets the Land Development Regulations and is technically in compliance.
Mr. Corbitt said the development should have a low impact on the community even without restricting to conventional homes as mobile homes are adjacent to the proposed development to the south and west and conventional homes to the north and south. Mr. Corbitt said there is not an ordinance to provide for conventional built homes.
Mr. Corbitt said discussions have been held with the county planner, Mrs. Winburn for a proposed residential zone for conventional homes that could be on a voluntary basis.
Mr. Bob Tachsky said there are conventional homes adjacent to the proposed developed assessed at $150,000.00 to $200,000.00 and was concerned the presentation of the final plat did not have deed restrictions for conventional homes only, since Mr. Droney had indicated he would have deed restrictions during the discussions on the preliminary plat.
Mrs. Darlene Strong said Mr. Droney had indicated he would provide deed restrictions and would not degrade the view or enjoyment of her home.
Comm. Bell recommended tabling the decision to the next regular meeting and research a conventional home only zoning.
Mr. Beauchamp responded to an inquiry by Comm. Parker indicating the Board had the authority to table the decision on the final plat until the next regular meeting but there was not an ordinance in place to deny the petition on the basis of no deed restrictions incorporated with the plat. Mr. Beauchamp explained the Planning Commission and the Board of County Commissioner's do not have the authority to deny the petition for a final plat for not having a "conventional home" only designation.
Comm. Parker advised he would contact Mr. Droney and express the concerns of the surrounding residents.
Comm. Parker moved to table any action on the final plat of "Gator Acres" until the next regular meeting. Comm. Rooks seconded and Comm. Rooks, Comm. Parker, Comm. Bell and Comm. Yearty voted YES and Chairman Stevens voted NO and the MOTION CARRIED.
Mr. Beauchamp explained the committee had met with Mr. Morales and Mrs. Janet Anderson concerning the complaints on the activities of Rhino Outdoors gun range and Mr. Morales has agreed to voluntarily try to minimize the noise impact to the surrounding land owners by placing a foam in the stands and stacking round hay bales along the Zamora property line and did not object to a noise level study. Mr. Beauchamp said it was recommended to use the county equipment to conduct the noise study.
Mrs. Amy Zamora said the noise created on the weekends from the gun range is destroying the quality of life for the surrounding landowners.
Comm. Rooks said consideration needs to be given for the foliage that is present on the trees in the spring and summer seasons that will alter the noise level from what it is during the winter.
Mr. Beauchamp explained the landscape has changed since the original noise test and Mr. Morales was informed he must comply with all conditions included in the approval of his petition and random checks would be made to determine if he was in compliance.
Mrs. Zamora requested to be notified when the noise study was performed with sufficient notice to have her representative present.
Mr. Moody said arrangements will be made to have the noise test administered within the next 14 days with the Sheriff's Office equipment.
Mrs. Roberta Picard recommended considering the relocation of the gun range.
Mrs. Sandy Fink recommended inspecting the police gun range in Alachua county and what they use to reduce the noise level for the surrounding commercial and residential developments.
Mrs. Deborah O'Neill said a commitment should be provided with a time frame for action to be taken.
Chairman Stevens said the noise study would be scheduled within 14 days at a mutually convenient scheduled time for Mr. Morales, Mrs. Zamora and her consultant.
Mr. Moody said Mr. Morales is cooperating with holding the noise study and is arranging to have a large number of shooters present on the day of the study.
Comm. Parker advised random inspections can be done if complaints are received.
ORDINANCES
Mrs. Winburn said this would be the second public hearing for the proposed ordinance imposing an overlay zoning district for the US 19 corridor between the city limits of Chiefland and the city limits of Fanning Springs.
Comm. Rooks moved to adopt the ordinance. Comm. Yearty seconded.
Mr. Howard Cook inquired into the impact of existing businesses already located in the corridor.
Mrs. Winburn said the ordinance does not apply to existing businesses and a business would have to generate 100 additional trips or a 25 percent increase in traffic to be affected by the ordinance. Mrs. Winburn said the ordinance is designed to be flexible and applied on a case by case basis. Comm. Parker and Comm. Bell voted NO, Comm. Rooks, Comm. Yearty and Chairman Stevens voted YES and the MOTION CARRIED.
LANDFILLS
Mr. Robert Lacy representing Suwannee Basin Geo-Park requested a waiver of dumping fees in conjunction with the clean up scheduled for Earth Day.
Comm. Bell explained Mrs. Roberta Picard is working in conjunction with the Park Service and they will be allowing free admission at Fanning Springs Park and Manatee Springs Park to reciprocate on Earth Day. Comm. Bell moved to approve the waiving of dumping fees at the landfill for the clean up scheduled for Earth Day. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Lacy said Earth Day "kicks off" Florida State Parks Awareness Month.
MISCELLANEOUS
Chairman Stevens called for Mr. Ron McQueen and he was not in attendance.
MAPS AND PLATS
Mr. Rob Corbitt explained that Mr. Steve McMillen was requesting a six (6) month extension for the preliminary plat of Camellia Plantation Subdivision and the Plat Review Committee recommends approval. Mr. Corbitt said the Subdivision Regulations are being reviewed and it will be recommended to amend the time frame from six (6) months to 12 months to allow developers sufficient time to complete all permitting processes. Comm. Rooks moved to grant a six (6) month extension for Camellia Plantation at the request of Mr. McMillen. Comm. Bell seconded and the MOTION CARRIED.
MISCELLANEOUS
Mrs. Renate Cannon inquired why a telephone number was requested on the form for placement on the agenda.
Mr. Moody said when a request is made to be placed on the agenda there may be a need to contact the party to obtain additional information.
Mrs. Cannon inquired on who enforces the noise ordinance.
Mr. Beauchamp explained the Sheriff's Office investigates and issues a citation to the violator if warranted and then it proceeds to the judiciary.
Mrs. Cannon said the agenda for night meetings needs to be prepared to keep the meetings to a reasonable time to avert late hours.
Mrs. Cannon said all persons should be allowed to speak including sensitive subjects without being limited unless there is a time limit.
Mr. Beauchamp explained 15 minutes is allowed for an item that has been scheduled on the agenda and 5 minutes for non-agenda subjects. Mr. Beauchamp said an attempt is made to accommodate anyone who wishes to address the Board without lengthy repetitiveness.
Chairman Stevens explained the need to try and maintain the agenda schedule and allow anyone the opportunity to speak without being redundant.
Comm. Parker said as public servants the Board will listen to anyone who has a contribution if it is not argumentative, repetitive or redundant.
SHIP
Mr. Danny Shipp presented the following Deferred Payment Loan Agreement:
Jason W. Smith, to purchase a home located in Pineridge Estates, Block 4, Lot 10, Levy County for $15,000.00.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
GRANTS
Mr. Shipp explained two (2) Requests for Proposals (RFP's) had been received for consultant services to complete the Community Development Block Grant (CDBG) for neighborhood revitalization Mr. Shipp said the one RFP was for $50,000.00 and after reviewing and scoring the submissions the committee recommended accepting the low bid of $15,000.00 from Betty Jordan & Associates.
Mr. Shipp explained the approval of the contract for the consultant was time-sensitive and he requested approval of the contract subject to the review by counsel. Mr. Shipp said the contract was received on Friday and there had not been sufficient time for Mr. Beauchamp to review the contract.
Comm. Bell recommended review of the contract by the Board prior to approval.
Chairman Stevens said the administration of the grant has been handled through the SHIP program under the auspices of the Clerk, Mr. Shipp and the consultant is needed to conclude the CDBG grant due to the loss of the employee who had been administering the grant.
Mr. Shipp explained there is $36,800.00 available for administrative costs.
Comm. Yearty moved to approve the contract with Betty Jordan & Associates contingent upon the review and approval by the attorney and to allow the chairman to sign the document. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
SHIP
Mr. Shipp said he has placed an advertisement for a Program Administrator for the SHIP program. Mr. Shipp said the legislature has voted to take the designated funds from the Documentary Stamps and place them in the General Revenue and will provide funding on a year to year basis.
Mr. Shipp said the Program Administrator will handle the administration of the Community Development Block Grants (CDBG) with the SHIP program.
BUILDING AND GROUNDS
Mr. Shipp said bids have been received for construction of holding cells, a sally port and ramp with Article V funds. Mr. Shipp explained $230,000.00 had been budgeted and the bids have come in at $313,000.00. Mr. Shipp said the proposed construction has been scheduled in to phases as follows:
Phase 1 - construction of a sally port, ramp and three (3) holding cells.
Phase 2 - construction of security station for single entry, removal of air conditioning vents for the floor, and removal of this area from the chiller system.
Phase 3 - Removal of chiller system from the basement and two restrooms.
Mr. Shipp explained the work on Phase 1 can be completed from Article V funds and the Court Facilities fund for a total cost of $216,140.00.
TAX ROLL
Mrs. Susan Haines presented the correspondence of April 1, 2003 for a parcel that received no bids from the Tax Deed Sale of March 31, 2003 and is now available for purchase by the county from the List of Lands.
Mrs. Haines presented the correspondence of March 31, 2003 notifying the lands which have now escheated to the county after being on the List of Lands for seven (7) years.
Mrs. Haines said the next public auction for escheated lands will be held on Wednesday, May 28, 2003 at 10:00 a.m. with the properties being advertised prior to that date.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp said the Law Firm of Nabors, Gilbin & Nickerson, P.A. has been retained to prepare a proposed ordinance to restructure the ambulance funding.
Mr. Beauchamp explained he will be advertising the Requests for Proposals (RFP's) for the restructuring of the master ordinance for special assessments.
COUNTY PROPERTY
Mr. Beauchamp said the City of Cedar Key has requested ownership of a parcel of land by the marina be conveyed to the city. Comm. Rooks said there have been other interested parties in that parcel and moved to table any action. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
TAX COLLECTOR
Mr. Beauchamp advised Linda Fugate, Tax Collector has requested instructions on County Held Tax Certificates that have not been redeemed to have Tax Deed Warning Letters sent to property owners. Comm. Bell moved to notify the Tax Collector to proceed with the Tax Deed Warning Letters. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
TAX ROLL
Mr. Beauchamp said there is no legal support to renew the tax abatement on tangible personal property for A & N Corporation. Mr. Beauchamp said it is not statutorily allowed. Chairman Stevens requested Mr. Beauchamp to send written notice to A & N Corporation of his findings.
RESOLUTIONS
Mr. Beauchamp requested discussion on a non-agenda item at the request of the Veteran's Service Office. Comm. Rooks moved to discuss a non-agenda item. Comm. Yearty seconded. Comm. Bell inquired if the discussion and action could be delayed until the next regular schedule meeting and the item be placed on the agenda.
Mr. Beauchamp said Mr. George Hermansen, Veteran's Service Officer, has contacted the family of Brian Buesing and is requesting a resolution be adopted recognizing April 25, 2003 as "Lance Corporal Brian Buesing Day" including a memorial service here at the court house mall and the MOTION CARRIED UNANIMOUSLY.
Comm. Rooks moved to adopt the resolution recognizing April 25, 2003 as "Lance Corporal Brian Buesing Day." Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
GRANTS
Mr. Moody advised the Finance Department is researching for any available funds to provide match funds for the grant application the Health Department is applying for. Mr. Moody said Mrs. Locke had informed him she may have to use operating funds. Comm. Bell moved to table any action on the request for matching funds for the grant to expand primary health care services. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
COMMISSIONERS
Comm. Parker recommended reviewing the agenda schedule for night meetings to arrange a possible earlier meeting time and scheduling department head reports first.
Chairman Stevens requested Mr. Moody to review the agenda scheduling and to present a recommendation.
FIRE DISTRICTS
Comm. Rooks said Mr. Ron McQueen had requested to be placed on the agenda to discuss the paving of a drive way at the Fanning Springs Fire Department and recommended tabling any action.
Chairman Stevens tabled any action at the consensus of the Board.
COMMISSIONERS
Comm. Bell advised the latest information she received from a workshop on ethics she attended is in the County Commissioner's Office for anyone to review.
Mrs. Amy Zamora recommended providing contact information on the web site.
Comm. Bell said she was working on more information to be provided and would have the information concerning the county web site published in the local papers.
LEGISLATIVE
Comm. Rooks said the Florida Association of Counties needs to be contacted and reminded that the small counties are part of the association and their interests need to be responded to. Comm. Rooks recommended each Commissioner contact the Executive Director at the Association.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court