REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 16, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on June 16, 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
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.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of June 3, 2003. Comm. Parker seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Chairman Stevens recognized Mr. Billy Ray Wilkerson for 26 years of service and dedication to the county.
BOND
Mr. Ralph Cellon explained the resolutions had been prepared by bond counsel within the parameters approved.
Mr. Greg Beauchamp said the resolutions had been reviewed by the committee reviewing the bond issue and are in order.
Mr. Mark Mustain, Nabors, Giblin & Nickerson, P.A., said the two (2) resolutions are the Sales Tax Revenue Bond Resolution and the Delegate Award Resolution and are comprised of the parameters agreed for the issuance of the bond. Mr. Mustain explained the information for the bond insurer will be included when that is completed with their specific requirements. Comm. Yearty moved to adopt the Sales Tax Revenue Bond Resolution. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Yearty moved to approve the Delegate Award Resolution. Comm. Rooks seconded. Mr. Mustain said the bond issue would not exceed 8 million dollars and the maximum interest rate is 3.25 percent with final maturity in the year 2011 and the MOTION CARRIED.
AGENCIES
Mr. Fred Moody said a comparison of the proposal from North Florida Drug and Alcohol Testing, Inc. and Alcohol & Substance Abuse Prevention Programs, Inc. (ASAP) reflects that there is a cost savings to continue with ASAP and they now provide in-house services. Mr. Moody recommended continuing using the services of ASAP.
Mr. Moody explained more information would be obtained on the North Central Florida Purchasing Cooperative and if discounts can be obtained for office supplies and commodities he would explore the option of an inter local agreement to allow participation.
APPOINTMENTS
Ms. Heather Alexander explained Mr. Moody has been the Representative for Levy County on the Central Florida Community Action Agency, Inc. and the appointment needs to be reaffirmed. Comm. Bell moved to reaffirm the appointment of Fred Moody to the Central Florida Community Action Agency, Inc.. Comm. Rook seconded and the MOTION CARRIED.
HEALTH
Ms. Alexander presented the Protected Health Information Privacy Notice for adoption to comply with the federal mandate under the Health Insurance Portability and Accountability Act (HIPAA). Comm. Rooks moved to adopt the Protected Health Information Privacy Notice. Comm. Bell seconded and the MOTION CARRIED.
Mr. Beauchamp explained the adoption of the notice was delayed pending clarification from the federal government on required documentation and affected agencies.
COUNTY EMPLOYEES
Mr. Bruce Brown requested an intervention on his discharge from employment with the Emergency Medical Services and the procedure used to terminate his employment
Mr. Greg Beauchamp explained there is a pending complaint with the Human Relations Commission which could result in litigation and it was not appropriate to comment on the issue of termination or resignation of Mr. Brown. Mr. Beauchamp said the response to the Human Relations Commission did not request mediation as it was not deemed appropriate. Mr. Beauchamp said a response from the Human Relations Commission investigation will be the next process and this is an adversarial process and recommended refraining from comment.
LIBRARY
Mr. Tom Reitz explained to be eligible for the E-rate communication discounts a certified technology plan must be certified by the State Library and on file. Mr. Reitz said the initial technology plan has expired and he has prepared a three (3) year plan commencing 2002-2003. Mr. Reitz said the plan expired July 1, 2002 and the E-rate discount could be discontinued if the plan was not filed effective July 1, 2002.
Comm. Bell requested the plan be reviewed by Mr. Beauchamp and the plan dated according to the approval of the plan by the Board.
MOSQUITO CONTROL
Mr. Wayne Hardee presented the Operational Work Plan for the Mosquito Control Chemical Inventory Report for approval and submission to the State. Mr. Hardee explained the agreement and the work plan budget must be submitted by July 15, 2003 to allow a determination of the amount of state funding received and the certified budget will be submitted in September with any modifications that may be necessary. Comm. Yearty moved to approve the agreement for the work plan with the Department of Agriculture and Consumer Services. Mr. Hardee said the funding is approximately $36,000.00. Comm. Bell seconded and the MOTION CARRIED.
Comm. Yearty moved to approve the proposed work plan budget. Comm. Bell seconded and the MOTION CARRIED.
LANDFILLS
Mr. Hardee presented the interagency/public works agreement with the Florida Department of Corrections (DOC) to provide inmates from the Levy County Forestry Camp to the Recycling Department. Comm. Yearty moved to approve the contract with the Department of Corrections (DOC) for labor at the recycling program. Comm. Bell seconded and the MOTION CARRIED.
STATE AGENCIES
Corporal Virgil Sandlin, Florida Highway Patrol, requested the purchase of two (2) radar detectors at $3,100.00 per unit. Corporal Sandlin explained the surcharges from each traffic citation written will recoup the expenditure within 30 days. Comm. Yearty moved to purchase the radar detectors for the Florida Highway Patrol. Comm. Rooks seconded. Chairman Stevens said a percentage from traffic fines are placed in a communication fund and the MOTION CARRIED.
Corporal Sandlin explained any radar units that are not being used by their troopers and were purchased by the county would be donated to the Sheriff's Office.
ZONING
Mr. Rob Corbitt said the petition for a special exception submitted by Mr. Dean Eberly, Sr. at the June 3, 2003 meeting was reviewed and the modifications of the conditions for the special exception as discussed had been incorporated for further discussion.
Mr. Eberly explained the special exception was submitted prior to the preliminary plat for consideration. Mr. Eberly said the creation of the subdivision was contingent on being allowed the airstrip. Mr. Eberly explained his proposed air and equestrian community.
Comm. Bell said there was concern that commercial enterprises would be operated from the residences.
Comm. Rooks said if the Federal Aviation Administration (FAA) guidelines were used it would allow commercial ventures.
Comm. Bell said the intent was to limit each property owner to allow two (2) airplanes only.
Chairman Stevens explained the petition for the special exception had been tabled from June 3, 2003 to allow the commissioners to be provided with additional information and that the floor would not be opened for comments in opposition or support of the petition as those issues had been previously heard.
Comm. Parker recommended scheduling a workshop to hear additional comments from the public, review the noise ordinance, the affect on the environment and the process for special exceptions.
Comm. Yearty moved to approve the petition for a special exception with the conditions as outlined. Comm. Rooks seconded.
Comm. Rooks said the petition for a special exception proposed by Mr. Eberly does not guarantee the flight paths and with the experience of having a small airfield directly across from her residence is aware of the disruption to a surrounding land owner from airplanes landing.
Comm. Bell said the area would eventually be developed and the proposed development would increase the ad valorem tax roll, Comm. Rooks, Comm. Parker, Comm. Bell voted NO, Comm. Yearty and Chairman Stevens voted YES and the MOTION FAILED.
Comm. Rooks moved to deny the petition SP 2-03 for a special exception to allow an airstrip as the use is not compatible with the surrounding neighborhood, would cause substantial injury to the value of the property of the neighborhood and would not be in the best interest for the public health, safety and welfare. Comm. Parker seconded. Comm. Parker, Comm. Rooks, Comm. Bell voted YES, Comm. Yearty and Chairman Stevens voted NO and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn presented the following petitions for small scale amendments:
SSA-03-01 - Joan A. Griffin, owner, to amend the Levy County Future Land Use Map from Low Density Residential (LDR) to Commercial (C) and change the zoning Classification from Rural Residential (RR) to Neighborhood Commercial C-2 for property described as follows: 9770 N. E. SR 24, Bronson, FL, tax parcel number 12151-000-00, in Levy County, said parcel contains five (5) acres more or less and is located within the Bronson Municipal Service District.
Mrs. Winburn presented the proposed ordinance and read the following heading:
Ordinance No. 03-06 - Ordinance providing for a small scale amendment to the Levy County Future Land Use Map Series and the zoning classification of a parcel; pursuant to an application by Joan A. Griffin, under the regular amendment procedures established in Chapter 163, Florida Statutes; providing for a change of future land use designation from Low Density Residential to Commercial and providing for the change of zoning classification from Rural Residential to Neighborhood Commercial (C-2) on certain lands within the unincorporated portion of Levy County; providing for severability, providing for effective date.
Mrs. Winburn outlined the existing commercial businesses located within the vicinity of this request for a small scale amendment.
Chairman Stevens called for opposition and none was presented. Comm. Parker moved to approve the ordinance for petition number SSA-03-01 for a small scale plan amendment requested by Joan A. Griffin. Comm. Bell seconded and the MOTION CARRIED.
Petition No. SSA-03-02 - Terry Howell and John D. Holder, owners, to amend the Levy County Future Land Use Map from Low Density Residential (LDR) to Commercial (C), and change the Zoning Classification from Rural Residential (RR) to Moderately Intensive Commercial (C-3), on approximately five (5) acres located at the NE 1/4 of NW 1/4 of Section 9, Township 13 South, Range 19 East, lying north of US Highway 27 and south of CR 316. The tax parcel number is 05150-000-00 and is located within the Williston Municipal Service District.
Mrs. Winburn presented the proposed ordinance and read the ordinance heading for the record.
Ordinance No. 03-07 - Ordinance providing for a small scale amendment to the Levy County Future Land Use Map Series and the zoning classification of a parcel; pursuant to an application by Terrel Howell and John D. Holder, under the regular amendment procedures established in Chapter 163, Florida Statutes; providing for the change of future land use designation from Low Density Residential (LDR) to Commercial (C) and providing for the change of zoning classification from Rural Residential (RR) to moderately intensive commercial (C-3) on certain lands within the unincorporated portion of Levy County; providing for severability, providing for effective date.
Chairman Stevens called for opposition to the petition.
Mr. Cole Barnett said he had resided in the area all of his life and opposed the change of zoning to commercial. Mr. Barnett presented a petition signed by residents on CR 316 opposed to the small scale amendment. Mr. Barnett said the change would allow for an increase in traffic patterns in the area.
Mrs. Sylvia Cox Edmondson said they were the adjacent land owner and were opposed to a change in zoning to commercial.
Comm. Parker requested the petition be tabled to allow him further opportunity to review the petition.
Chairman Stevens said the property has frontage on US 27 Alternate and described the commercial businesses beginning with the BP Station at the intersection of CR 318 and US Alternate 27 to the Marion County line.
Comm. Rooks said the petition is to construct a cracker style log home and for the sale of some used equipment.
Chairman Stevens said it appeared to be limited sale of equipment was intended.
Ms. Jan O'Neal said the concern was not on the proposed use but on the use that could be allowed there.
Comm. Yearty moved to approve the small scale amendment and adopt the ordinance for the petition request by Terry Howell and John D. Holder based on the request being consistent with the current land use and is within the Williston Municipal Service District. Comm. Rooks seconded. Comm. Rooks, Comm. Bell, Comm. Yearty, Chairman Stevens voted YES, Comm. Parker voted NO and the MOTION CARRIED.
MISCELLANEOUS
Mr. C. W. Gilbert said financial abuse by the county commission has caused the increase in the budget for the last ten (10) years. Mr. Gilbert commented on Mr. Jimmy Jerrels, Devils Hammock and the purchase of the bulldozer; the 1 percent sales tax for the construction of the court house, statements he states were made to him by Mr. Jesse Durrance on road maintenance requests by Comm. Yearty; the costs of legal services paid to the county attorney in comparison to Columbia, Gilchrist, Dixie counties; recommended following the example of the City of Orlando in terminating employees to reduce the budget, reduce superfluous departments; the affirmation of Mr. Moody to the Central Florida Community Action Agency and the $10,000.00 approved at the TRIM hearing, consisting of three (3) commissioners and two (2) school board members, last year for the Central Florida Community Action Agency and Mr. Danny Shipp approving the payment. Mr. Gilbert said the minutes of June 3, 2003 should state he spoke on the lack of the need of a Planning Department and Devil's Hammock.
Comm. Rooks explained the auditors would question any unauthorized disbursements from the budget and the TRIM hearings consist only of the County Commission.
MISCELLANEOUS
Ms. Sharon LaBlond said they are concerned with the public safety in their neighborhood as a result of theft, vandalism, speeding vehicles and gunshots and request additional funding be provided to the Sheriff's Office to allow them to expand their services.
TRANSPORTATION
Mrs. Gwen Pra explained grant funding would continue through the Department of Transportation (DOT) . Mrs. Pra said the first and second operating grants are being closed and the warranty deed for the purchase of the Partin property has been submitted and the $125,000.00 contribution will be remitted. Mrs. Pra explained Mr. Stroupe's certification and training has been complete and the Transportation Disadvantage program is on schedule. Mrs. Pra said funding of $104,501.00 for a two (2) year period has been allocated for grant management and Withlacoochee Regional Planning Council will provide the planning and administrative support for the transportation program.
Comm. Parker said this program would greatly benefit the citizens and will provide increased transportation service and be a self supporting program.
Mrs. Pra recommended scheduling a workshop to provide more information on the transportation program.
MISCELLANEOUS
Mrs. Sandy Fink said a correction was needed on a inquiry she had made previously concerning a vehicle she thought was a county vehicle purchased by homeland security funding. Mrs. Fink said it appeared that the vehicle in question was a private business vehicle and apologized for any misconception from her comment.
Mrs. Renate Cannon recommended considering amending the ordinance for special exceptions, allowing sufficient time for all public comments and if necessary considering an additional meeting; a request for the rules and procedures for the conduct of the meetings be made available in writing; and consider adoption of the Robert's Rules of Order on parliamentary procedure.
AGENCIES
Mrs. Sylvia Schenk said the Levy County Red Cross has opened a new office and is operating in the County Probation Services office at 151 Capital Street. Mrs. Schenk extended an invitation to an open house being held on June 30, 2003 from 10:00 a.m. to 4:00 p.m..
COUNTY EMPLOYEES
Mr. Sam Mutch explained he was representing Bruce Brown and was requesting mediation to reach an agreement or allow him to present Mr. Brown's case directly to the Board through the county attorney to avoid litigation.
LIBRARY
Mr. Beauchamp said the technology agreement to qualify for the E-rate communications rate had been reviewed and recommended it adoption and submission with a letter of explanation for the lapse in time from July 1, 2002. Comm. Bell moved to approve the technology agreement effective June 16, 2003 and submission to the State Library with a letter of explanation for the lapse in time. Comm. Rooks seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn said the Andrew's family had requested the county to initiate a Comprehensive Land Use Plan amendment and create a new Future Land Use category and amend the Future Land Use Map (FLUM) in a coastal high hazard area. Mrs. Winburn explained the request was reviewed and the staff has prepared a recommendation. Mrs. Winburn recommended referring the request to the Planning Commission for review and allow them to present their recommendation pertaining to the county initiating the amendment. Comm. Parker moved to refer the request to the Planning Commission for their review and recommendation. Comm. Bell seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 111th Avenue, five (5) loads of rock and one (1) hour of grading for an estimated cost of $1,567.00, beginning at NE 110th Court and ending at NE 69th Lane.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 76th Street and NE 90th Avenue located in University Estates, requiring two (2) loads of rock and grading for an estimated cost of $600.00, beginning at the intersection of NE 76th Street and NE 90th Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Watson presented the Interagency/Public Works Agreement with the Florida Department of Corrections (FDOC) for the provision of a community work squad from the Levy Forestry Camp. Mr. Watson said the agreement remains the same with no changes and provides for ten (10) inmates. Comm. Parker moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Major Stroupe said the Nature Coast Transit Co., Operations Manual and Substance Abuse Policy had been presented for review.
Mr. Beauchamp explained the substance abuse standards are more restrictive for the Transportation Department and the union representative has indicated verbally that there is no objection and the issue will be discussed when negotiations commence. Comm. Parker moved to approve the Operations Manual and the Substance Abuse Policy. Comm. Bell seconded and the MOTION CARRIED.
SHIP
Mrs. Sheila Rees said the Deferred Payment Loan Agreement scheduled on the agenda would not be presented.
Mrs. Rees presented the following Satisfaction of Mortgages:
Benjamin B. Sto Domingo and William Lamar and Julie Ann Gore
Comm. Bell moved to approve the Satisfaction of Mortgages. Comm. Rooks seconded and the MOTION CARRIED.
TAX ROLL
Mrs. Susan Haines said two (2) properties were escheated to the county on June 6, 2003 after being held on the List of Lands for seven (7) years and would be added to the lands that would be placed for public auction.
COMMISSIONERS
Comm. Bell said there is an anticipated reduction for the Worker's Compensation premium for the 2003-2004 fiscal year.
Comm. Bell explained she attended the Emergency Management Seminar and received a certificate for Hurricane Preparedness. Comm. Bell said the preparedness fair in Chiefland was a success and well attended.
Com. Bell said the city commissioners from Cedar Key have requested a joint workshop and will be providing further details.
Mr. Beauchamp said the Town of Bronson has provided notice of voluntarily annexing 80 acres.
ROAD AND BRIDGE DEPARTMENT
Comm. Rooks said a meeting was held with the Department of Transportation (DOT) in an attempt to obtain funds for the repair of the bridge in Cedar Key.
MUNICIPALITIES
Chairman Stevens advised consideration needs to be given on funding for municipalities who have created or are considering the creation of the Community Redevelopment Area (CRA).
COMMISSIONERS
Chairman Stevens said a joint workshop with the City of Chiefland will be held on June 24, 2003 at 6:30 p.m. at the Tommy Usher Center.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court