REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 3, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on June 3, 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.. The invocation was given by Mr. Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Parker moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
MINUTES
Comm. Rooks moved to approve the minutes of the regular meeting of May 20, 2003. Comm. Bell seconded and the MOTION CARRIED.
AUDITS
Mrs. Martha Garcia-Baker, of Davis, Monk & Company, reported the audit opinion was unqualified, the highest opinion that can be given.
Mrs. Garcia-Baker said a reserve policy needs to be developed for the general fund to provide funds during fiscal years funds are short. Mrs. Garcia-Baker said expenditures had decreased 5.2 percent but the reserve had been impacted with uncontrollable expenses and the revenue base needs to be increased.
Comm. Yearty explained the budget had been balanced with reserve funds for the past several years and the reserve is being depleted and consideration is going to have to be given to cutting services or finding additional revenue sources to fund the General Fund. Comm. Yearty said the Cedar Key Community Development Unit is receiving all increases in ad valorem taxes and the county is still maintaining the pier, roads and bridges and not receiving the revenue.
Mrs. Renate Cannon commented on the tax funds being removed by municipalities and recommended denying any funding requests to those municipalities.
AGENCIES
Mr. Michael Moehlman, Executive Director, Withlacoochee Regional Planning Council presented a rebate of $684.00 from dues. Mr. Moehlman explained the dues are $.40 per capita and have not been increased for three (3) years. Mr. Moehlman distributed a pamphlet reflecting the distribution of funds and the services, programs and activities provided by Withlacoochee Regional Planning Council. Comm. Yearty moved to approve the $.40 per capita dues for the Withlacoochee Regional Planning Council. Comm. Bell seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin presented the bids that were submitted for a 2003 Skidsteer Loader as follows:
Ring Rent $35,195.58
Highland Tractor Company $24,698.00
Chairman Stevens requested Comm. Parker, Mr. Fred Moody, and Mr. Benny Jerrels to review the bids and present their recommendation.
UTILITIES
Ms. Lynette Vermillion, Community Relations Manager of Progress Energy (formerly Florida Power Corp.), explained the services their organization offers and their commitment to improve response time during emergencies and their continued support to the residents.
MISCELLANEOUS
Mr. C. W. Gilbert discussed increases in the budget from ten (10) years ago to current and the need for the Planning Department and Devil's Hammock.
Comm. Rooks explained the long range plans for Devil's Hammock will promote eco-tourism and be a boost to the economy and a county planner available on a daily basis instead of contractual is a necessity for long range growth plans.
ZONING
Mr. Rob Corbitt presented the following petitions:
Petition No. FP 2-03 - Mike Pardue representing David Cox, petitioning the Board for a Final Plat of "Bahia Acres," a subdivision located in that part of the SE 1/4 of Section 34, Township 10 South, Range 14 East, in Levy County. Said parcel contains 14.94 acres more or less and has a land use designation of Low Density Residential "LDR." The Planning Commission recommends approval.
Chairman Stevens called for opposition and none was presented. Comm. Bell moved to approve the final plat for "Bahia Acres." Comm. Yearty seconded and the MOTION CARRIED.
Petition No. SE 1-03 - Robin Ullivarri, petitioning the Board for a Special Exception to allow a Kennel for boarding and grooming, on a parcel of land located in the SW 1/4 of the NW 1/4 of Section 13, Township 12 South, Range 18 East, in Levy County. Said parcel contains 11.77 acres more or less. This parcel is located within an Agriculture/Rural Residential "A/RR" zone. The Planning Commission recommends approval with the following conditions:
1. The special exception use of the of the property is for the development of a kennel, inclusive of grooming and boarding;
2. The capacity for the boarding of household pets shall be limited to a maximum of eight (8) animals (i.e. dogs or cats) simultaneously (i.e. boarded on premises at one time);
3. All required dog runs and sanitary facilities shall be in place at the time of the opening of the business;
4. No business shall be permitted until a certificate of occupancy is issued for the mixed use structure;
5. The requirements for commercial developments, including potable water, waste water disposal, solid waste, parking and accessibility shall be met prior to the issuance of a certificate of occupancy;
6. The special exception use shall be initiated within one (1) year from approval or becomes null and void.
Mr. Corbitt explained the application was found to be complete and in compliance with the review criteria for dog kennels and would be compatible with the surrounding area. Mr. Corbitt said no opposition had been received.
Mrs. Robin Ullivarri said the boarding would be separate from the grooming area and would be attached to their home. Mrs. Ulivarri explained the proposed operation.
Chairman Stevens called for opposition and none was presented. Comm. Rooks moved to approve the special exception for a kennel with the conditions as stated. Comm. Bell seconded and the MOTION CARRIED.
Petition No. SE 2-03 - Dean A. Eberly, Sr., applicant, and Hartley and Son's, Inc., property owner, petitioning the Board for a Special Exception to allow a private airstrip, grass runway, with operation of small private aircraft for owners and guests, on a parcel of land located outside the Arredondo Grant lying the SE 1/4 of Section 15, NE 1/4 of Section 22, and in the Arredondo Grant lying in a portion of Section 22. All parcels lying in Township 12 South, Range 18 East, south side of CR 335, 1.3 miles east of CR 241, all being a portion of parcel numbers 04115-000-00, 04114-000-00 and 04089-000-00. Said parcel contains 206.06 acres more or less. This parcel is located within an Agriculture/Rural Residential "A/RR" zone. The Planning Commission recommends approval with the following conditions:
1. The special exception use of the property is for the development of a private airstrip, to be accessory and subordinate to the subdivision surrounding the airstrip.
2. The use of airstrip shall not commence before the approval and recording of the final plat of the subdivision and the issuance of a certificate of occupancy for the dwelling unit constructed within the subdivision for the property owner intending to use the airstrip.
3. The hours of operation shall be limited to daylight hours only. In no case, other than an emergency, shall aircraft take off or land, to or from the airstrip, between sunset and sunrise. The time of sunrise and sunset as published by the news media shall be used.
4. There shall be no commercial use of the airstrip. Commercial uses, such as but not limited to: flight training or pilot lessons, engine or plane repairs, any maintenance of aircraft other than that of the aircraft owned by the property owner, renting, leasing or selling hangar space shall not be permitted. NOTE: Any use of the airstrip by a governmental agency or emergency response unit shall not be considered commercial.
5. No more than two (2) aircraft shall be permitted as accessory for each dwelling unit, and no more than two (2) aircraft shall be permitted to be stored on any lot, tract or parcel of land, regardless of the number of lots owned.
Additional Request: Applicant must provide six (6) copies of the township map indicating the most common flight patterns that will be used to take off and land at the proposed airstrip.
Mr. Eberly explained the proposed use of the airstrip and presented information concerning noise decibel levels from take off and landings on the airstrip, traffic patterns and suggested additional conditions to strengthen the conditions recommended by the Planning Commission. Mr. Eberly said the airstrip would be an accessory to a subdivision development that he is proposing to build on the property and is planning strict deed restrictions and a homeowners association. Mr. Eberly explained the airstrip would be only for the use of owners and friends and would not be used on a commercial basis and would operate under the Federal Aviation Administration (FAA) guidelines.
Mr. Ken Davis, Mr. Michael Koch on behalf of Susan Forbes, Mr. Edward Walsh, Mr. William West, Mr. Bill Christman, Mr. Robert Harvest, Ms. Joann Herring, Ms. Eleanor Gilbert, Ms. Yvonne Cox, and Ms. Linda Davis expressed opposition to the petition with the following concerns: noise of low flying planes, frightening or startling of livestock, use of ultra light planes, storage of aviation fuel, flight patterns, security, proximity to municipal airport in Williston, enforcement of regulations for airstrip and homes, storage of airplanes for parts and repairs, opposition to any further housing developments in the area, affect on property values, fly-ins on weekends, safety of surrounding residents for air accidents and the quality of monitoring by the Federal Aviation Administration (FAA) with current economic cut backs.
Mrs. Renate Cannon said the special exception needs to be clarified that the provisions of the noise ordinance apply, restriction on experimental airplanes and provide liability insurance for the airstrip.
Mrs. Debra Jones said a review of the proposed plans for the subdivision dispelled concerns on the storage of fuel and the proposed restrictions being imposed by the developer, Mr. Eberly were restrictive and well presented.
Mr. Grady Epperson, Ms. Susan Scalpy, Mr. Rick Cluetier and Mr. Gary Hartley said the development would not increase air traffic in the area from what currently exists, would provide additional revenue from property taxes, would not affect a community with horses and airplanes, the noise level would not increase to a louder decibel level than what is currently received from log trucks traveling the area and the residents would be active participants within the community.
Comm. Bell moved to table any action on the special exception until the next regular meeting to review the concerns expressed by surrounding residents. Comm. Parker seconded and the MOTION CARRIED.
Mr. Beauchamp said the public hearing would be scheduled for Monday, June 16, 2003 at 7:00 p.m..
AGENCIES
Mr. Michael W. Owens said North Florida Drug and Alcohol Testing, Inc. would like to provide the drug testing services to the county.
Mr. Moody explained they are a new company and currently the drug testing services being provided have not been advertised for bids. Mr. Moody said there had been concern when employees were having to travel to Chiefland and Gainesville for their testing and the firm currently being used is now doing the testing in Bronson.
Chairman Stevens requested the costs be compared and to report on the findings at the next regular meeting.
MISCELLANEOUS
Mrs. Annette Long said a competent planning department is needed to provide the expertise needed on planning issues and projects like the Devils Hammock should be encouraged.
Mrs. Renate Cannon requested clarification on the bond issue for 7.1 million dollars and what projects are included in this amount. Mr. Danny Shipp said it includes the jail expansion, Road Department Administrative Offices, Landfill Administrative Offices, Williston EMS Station, commitment to the sewer project in Bronson, renovations and matching funds for the purchase of the Partin Building, and the possibility of a Chiefland EMS Station.
Mr. Shipp advised Mrs. Cannon that the Planning Department budget for fiscal year 2002-2003 was $145,870.00 and the proposed budget for 2003-2004 is $122,753.00.
Mr. Beauchamp explained in response to Mrs. Cannon's inquiry the noise ordinance would apply to the special exception for the dog kennel if it was violated as with other operations.
Mr. Shipp explained in response to Mrs. Cannon's inquiry the Road Department was self-sufficient operating on the $.06 gas tax and other funding and is not funded by the General Fund.
TAX COLLECTOR
Mrs. Linda Fugate, Tax Collector, said there were 3,622 certificates for a total of $1,518,815.85 placed for bid at the Tax Certificate Sale with 2,486 certificates successfully sold to bidders for $1,335,056.10. Mrs. Fugate said 1136 certificates were struck off to the county for $183,859.75. Mrs. Fugate explained another sale will be held for these certificates on June 16, 2003.
TAX ROLL
Mr. Moody said the Clerk's office staff conducted the sale for escheated lands and the total collected was $11,020.00. Mr. Moody explained since the conclusion of the second sale of escheated lands the Escheated Land Sale Policy needs to be amended as follows:
5. Successful bidder will pay full purchase price by 4:00 p.m. of Sale Day.
7. Forgive current year taxes.
Mrs. Susan Haines explained the amount of taxes that would be forgiven were minimal compared to the cost it would be to prepare a pro-rata of the taxes and also was an incentive for the bidders to purchase these lands that have not been on the tax roll for at least seven (7) years. Comm. Parker moved to approve the amendments to the Escheated Land Sale Policy. Comm. Rooks seconded and the MOTION CARRIED.
COMMUNICATIONS
Mr. Moody said a review has been done on the employees using cell phones and pagers and requested authorization to request proposals for a single service provider for wireless communications. Comm. Parker moved to approve the solicitation of proposals for wireless communication services. Comm. Rooks seconded.
Mr. Brett Sandlin said emergency rescue vehicles need to be able to communicate by radio and wireless communication and the service area of a provider needs to be seriously considered and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Moody presented for review the results of a survey that had been sent to all departments with the county policy for use of county vehicles. Comm. Parker said the policy for use of county vehicles and cell phones needs to be thoroughly reviewed and would recommend each employee completing a request form for the use of a county vehicle and consider a vehicle pool on an as needed use by employees.
Comm. Parker said a proposed policy would be presented at the next regular meeting.
Mrs. Jacqueline Gilreath said a motor pool should be considered for county vehicle use.
BUDGET
Mr. Moody said the North Central Florida Purchasing Cooperative was formed by Marion County, the City of Ocala, School Board and Sheriff's Office for purchasing in large quantities. Mr. Moody explained there is no fee to participate and it allows a member of the cooperative to realize economic benefits when purchasing different commodities. Mr. Moody said he will be scheduling an appointment to discuss the county joining the cooperative.
COUNTY FIRE DIRECTOR
Mr. Rick Lombardo presented the mission statement for the Levy County Fire Departments. Mr. Lombardo explained his mission is to promote cooperation with the fire departments and to work together with emergency medical services for the betterment of the citizens and travelers within the county.
Mr. Lombardo requested authorization to perform a feasibility study throughout the fire departments to evaluate the available equipment at each department and the proposal of establishing Basic Life Support (BLS) response at the rural fire departments. Mr. Lombardo explained this would provide information to accompany the feasibility study being done by the union for the Emergency Medical Services. Comm. Rooks moved to authorize Mr. Lombardo to proceed with his study. Comm. Parker seconded and the MOTION CARRIED.
Mr. Lombardo said Mr. Jerry Horton of the Bronson Fire Department would be designated as Assistant Fire Director.
Mr. Lombardo said there is a possibility that the allotment may have been used to purchase used equipment by some departments and the contracts need to be clarified on the expenditure of these funds.
Chairman Stevens recommended discussing allotments during the budget process to determine if there will be any additional funds available.
Mrs. Renate Cannon said the City of Cedar Key has purchased a new fire truck using the funds from the Community Development Unit and did not recommend providing them with an allotment of funds.
PLANNING COUNTY
Mrs. Kathy Winburn said a request had been made to table her report to a later date.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for road paving:
LCR 309, SE Buck Island Road for a distance of 700 feet with dedicated right of way from US 19 to MT 305, SE 20th Avenue for an estimated cost of $4,315.00.
Mr. Watson explained there are hazardous conditions caused by the dust from the dump trucks approaching US 19 from the Gulf Hammock pit. Comm. Parker moved to approve paving 700 feet of LCR 309, SE Buck Island Road. Comm. Rooks seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Watson presented a Letter of Agreement to correct contract AK665 for CR 335 from Alt. 27 to SR 121 that was prepared with an incorrect completion date of the contract. Comm. Rooks moved to approve the Letter of Agreement. Comm. Bell seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Watson presented a resolution to support the Letter of Agreement to correct contract AK665. Comm. Rooks moved to adopt the resolution. Comm Bell seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Major Stroupe said the Transportation Department is advertising for the position of billing clerk and dispatcher and should be in their new offices by July 1, 2003. Mr. Stroupe said One Stop is assisting with the screening and interest has already been generated in the positions that have been advertised.
Mr. Stroupe presented an Operations Manual for review and requested action be taken on acceptance at the next regular meeting.
Mr. Stroupe presented the Substance Abuse Policy for Nature Coast Transit Co. and explained consideration has been given to establishing a "No Second Chance" policy for drug and alcohol abuse. Mr. Stroupe said the extra level of testing meets the federal and state guidelines.
Mr. Beauchamp explained the Transportation Department is required to have a higher level to comply with Department of Transportation (DOT) standards for substance abuse. Mr. Beauchamp said discussions have been held with the union representative and the policy will have to be approved formally with the union requiring the stricter guidelines for the Transportation Department.
GRANTS
Mr. Stroupe said the Rural Capital Assistance Grant was submitted by ATC Paratransit, Inc. on behalf of the county for a grant of $101,200.00 in March, 2003 to prevent the county from losing the funds. Mr. Stroupe explained when the application was submitted ATC Paratransit, Inc. was advised they had signatory authority to apply for the grant and now that it is time to review the grant, notification has been sent advising the Chairman of the County Commission must be the signatory. Comm. Yearty moved to approve the acceptance of the Rural Capital Equipment Support Grant and placing the Chairman as signatory to comply with grant requirements. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Parker explained in response to an inquiry by Mrs. Renate Cannon that the federal government regulates the use of commercial vehicles.
Mr. Stroupe said the Department of Transportation (DOT) development grant needs to be submitted but will not be considered until July 1, 2004. Mr. Stroupe said the application can be submitted and then it can be accepted or rejected if the matching fund terms are not acceptable. Comm. Yearty moved to apply for the service development grant. Comm. Rooks seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Stroupe said arrangements are in process for the scheduling of service routes to meet routes that are being established in Archer to maximize opportunities of use for riders.
Mr. Stroupe explained there is an opportunity to have two (2) vehicles donated from the Suwannee Valley Transit Authority and the leasing of a Department of Transportation (DOT) 15 passenger van for $80.00 a month that will allow costs to be reduced and prevent subcontracting of vehicles. Mr. Stroupe said this will allow the service to start with six (6) vehicles. Comm. Parker moved to approve the acceptance of the vehicles contingent of the vehicles being inspected by a mechanic to evaluate the condition of the vehicles. Comm. Yearty seconded and the MOTION CARRIED.
SHIP
Mrs. Sandy Ashley presented the following Deferred Payment Loan Agreements:
Kathy E. Sands to purchase a new home located in Bakers Subdivision, Lot 2, Block A, 330 N. W. 8th Street, Williston, for $6,600.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Freddie Rivera and Luz Rivera to purchase a home located in The Pines, Unit 1, Block 1, Lot, 6061 N. E. 101st Terrace, Bronson for $15,000.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Shirley Patterson Taylor to purchase a home located in Northwood Heights, Lot 2, Bronson for $9,500.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
Mr. Beauchamp presented a Satisfaction of Mortgage submitted by Amy M. Anderson formerly known as Amy M. King. Mr. Beauchamp said the mortgage has been satisfied. Comm. Bell moved to approve the Satisfaction of Mortgage. Comm. Parker seconded and the MOTION CARRIED.
CLERK OF COURT/TO BOARD
Mr. Shipp presented the financing schedule for the bond issue process.
Mr. Shipp presented the budget for the General Fund reflecting revenue and expenditures from 1999 to 2003 and the proposed budget for 2004.
Mr. Shipp provided information reflecting the revenue that could have been realized from impact fees for the past six (6) years using the fees charged by Gilchrist county.
Mr. Shipp said expenditures and revenues need to be carefully reviewed to complete the fiscal year and to be able to balance the budget for the ensuing fiscal year.
LANDFILLS
Mr. Beauchamp said New River has provided a new contract for Class 1 and Class 3 solid waste extending the contract to 2019. Mr. Beauchamp said the current charge is $28.00 per ton and effective October 1, 2008 they will add a $2.85 per ton surcharge that will allow for them to expand their facility.
Mr. Benny Jerrels explained the transferring of the solid waste to New River extends the life expectancy of the landfill and has been an economic savings for the county.
Comm. Parker moved to approve the agreement with New River. Comm. Yearty seconded. Comm. Bell requested final action be delayed until the original contract has been presented for review by the Board. Comm. Parker moved to approve the draft proposal of the agreement. Comm. Yearty seconded and the MOTION CARRIED.
BIDS
Mr. Moody said the bids received for the Skidsteer loader had been reviewed and it was recommended to accept the low bid received from Highland Tractor Company for $24,698.00. Comm. Bell moved to accept the low bid from Highland Tractor Company. Comm. Rooks seconded. Comm. Parker announced a Conflict of Interest and the MOTION CARRIED.
DEVELOPMENT DEPARTMENT
Comm. Bell recommended obtaining special counsel to review the Rhino Outdoors and the Noise Ordinance. Comm. Bell moved to obtain special counsel to review the Rhino Outdoors issue and other areas of the noise ordinance. Comm. Parker seconded.
Comm. Yearty said counsel had provided a legal recommendation and accepted his opinion and did not believe there was a need to expend funds.
Comm Rooks said counsel had provided his opinion and did not recommend spending additional tax dollars.
Mr. Beauchamp explained he had provided a legal opinion and there possibly would be litigation on the issue and cautioned making any statements that would be used in a suit against the county.
Comm. Parker explained his impression was the noise study at Rhino Outdoors would resolve the issue.
Comm. Bell said the noise ordinance was not easily interpreted and clarification was needed on how it would apply to issues that would continually arise and was trying to prevent litigation.
Mr. Ron Grant said the attorney had provided an opinion and any decision made concerning Rhino Outdoors would result in litigation and it could not be prevented.
Comm. Parker, Comm. Bell voted YES, Comm. Rooks, Comm. Yearty and Chairman Stevens vote NO and the MOTION FAILED.
MISCELLANEOUS
Chairman Stevens said an inquiry had been made of creating an artificial reef in the Yankeetown/Inglis area. Comm. Yearty said grants have been received in the past for this purpose and recommended referring the inquiry to Mr. Bill Lindberg who has worked on reef projects in the past.
Chairman Stevens said the State of Florida had balanced their budget and based on information provided it included increasing fees.
Chairman Stevens advised the next regular meeting would be held on Monday, June 16, 2003 at 6:30 p.m. in lieu of Tuesday.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court