REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
July 8, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on July 8, 2003 at 9:00 a.m. in the Levy County Board of County Commissioners' meeting room, with the following Commissioners present:
Vice Chairperson Lilly Rooks
Comm. Tony Parker
Comm. Sammy Yearty
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. Yearty seconded and the MOTION CARRIED.
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MINUTES
Comm. Yearty moved to approve the minutes of the regular meeting of June 17, 2003. Comm. Parker seconded and the MOTION CARRIED. Comm. Yearty moved to approve the minutes of the workshop held on June 24, 2003. Comm. Parker seconded and the MOTION CARRIED.
BONDS
Mr. Mark Mutcheon, Nabors, Giblin & Nickerson, explained the resolution for the bond issue previously adopted had been amended to correct the terms that were incorrectly placed in the resolution, reflect the pay out date correctly to 2023, true interest not to exceed 4 ½ % and not to exceed $8,750,000.00. Comm. Yearty moved to adopt the amended resolution. Comm. Parker seconded and the MOTION CARRIED.
Mr. Ralph Cellon explained the bond issue documents would be concluded by July 30, 2003.
ANIMAL CONTROL
Dr. Ingrid Herrmann Holmes explained they were requesting instituting a Placement Partner Agreement which would allow rescue groups to rescue animals at the shelter without paying fees and the rescue groups would become responsible to comply with Florida Statutes for spaying and neutering of the animals to be adopted and it would release the county from liability.
Mr. Greg Beauchamp said the agreement had been reviewed and recommended including a 30 day termination clause.
Mr. Ron Shilts said the agreement would allow compliance with Florida Statutes and the rescue groups are beneficial to the animal shelter. Comm. Parker moved to approve the Placement Partner Agreement with the inclusion of the termination clause. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Ivan Chubb requested a proclamation recognizing August 10, 2003 as Karen Thurman Day. Mr. Chubb said preparations for recognizing Mrs. Thurman's work on behalf of veteran's and the United States Post Mistress, Ms. Carla Crean of Williston is assisting in having a special cancellation to commemorate the event.
Ms. Crean explained the United States Post Office supports the community and the special cancellation and it will be available at the memorial service on August 10, 2003 that will be recognizing Mr. James Taylor posthumously with a presentation to Mr. George Taylor as a Korean War veteran. Ms. Crean said Mr. Leo Flynn will be recognized as a Korean War veteran.
Ms. Crean said the special cancellation will be presented to all who attend and will be available for 30 days after the event.
Mr. Beauchamp explained a resolution could be prepared and presented at the next regular meeting for adoption.
Comm. Parker moved to prepare a resolution recognizing Mrs. Karen Thurman's efforts on behalf of all veterans. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY ENGINEER
Mr. Lee Mills presented the contract for LCR C-326 with John C. Hipp Construction Equipment Company for review. Mr. Mills explained the contract was for $897,362.30 as low bid and the maximum participation by the Department of Transportation will be $916,300.00. Comm. Yearty moved to approve the contract with John C. Hipp Construction Equipment Company for the resurfacing of LCR C-326. Comm. Parker seconded and the MOTION CARRIED.
Mr. Lee Mills presented the contract for LCR C-322 with John C. Hipp Construction Equipment Company for review. Mr. Mills explained the contract was for $226,121.50 as low bid the maximum participation by the Department of Transportation will be $223,300.00. Comm. Yearty moved to approve the contract with John C. Hipp Construction Equipment Company for the resurfacing of LCR C-322 and the overrun costs to be allocated from the Road & Bridge Department budget. Comm. Parker seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 93rd Lane located in University Estates requiring ½ hour of grading for an estimated cost of $33.50, beginning at NE 105th Avenue and ending at NE 107th Court.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
NE 88th Lane located in University Estates requiring one (1) hour of grading for an estimated cost of $400.50, beginning at NE 120th Avenue and ending at NE 90th Street.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
NE 85th Avenue located in University Estates requiring eight (8) loads of rock and grading for an estimated cost of $2,400.00, beginning at LCR 1059 (NE 105th Avenue and ending at LCR 1054 (NE 118th Terrace).
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
SE 60th Lane located in Ocala Highlands West requiring four (4) loads of rock and grading for an estimated cost of $1,200.00, beginning at LCR 584 (SE 218th Avenue) and ending at SE 220th Avenue (Marion county line).
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. Watson said the Town of Inglis has made a request to enter into an interlocal agreement to allow the Road Department to maintain roads within the municipality. Mr. Watson said the roads are in Cason's Inglis Acres and the county has been maintaining 550 feet of the road and the Town of Inglis are requesting for the county to maintain the entire road and they will reimburse the costs for the maintenance the portion owned by the town. Mr. Watson said the roads of concern were Vicki Street, Sapp Street, Shear Street, Linda Street and Debra Street. Comm. Yearty moved to approve an interlocal agreement with the Town of Inglis for road maintenance of the described streets and the Town of Inglis will reimburse for their portion of the costs. Comm. Parker seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mrs. Opal Garvey said NE 85th Street was not on the maintenance schedule and two (2) adjacent roads were being regularly maintained. Vice-Chairman Rooks requested Comm. Parker and Mr. Watson to meet with Mrs. Garvey and explain the maintenance policy and present the request to the Road Committee.
PLANNING, COUNTY
Mrs. Kathy Winburn said three (3) applications had been received for the two (2) alternate positions for the Planning Commission. Vice-Chairman Rooks appointed Mrs. Winburn, Mr. Rob Corbitt, Mr. Fred Moody and Mrs. Susan Haines to review the applications and present a recommendation.
COUNTY FIRE DIRECTOR
Mr. Rick Lombardo requested approval of a contract of expense at $300.00 a month for his expenses as County Fire Director. Mr. Lombardo explained the auditor had reviewed his submission of expenses for mileage and recommended a contract for expenses.
Mr. Danny Shipp explained the $300.00 allocation for expenses would be a flat amount and Mr. Lombardo would receive that amount even if his expenses exceeded that amount.
Mr. Fred Moody said the expense is already allocated in the budget and was the average of his monthly expenses. Comm. Parker moved to approve a contract for expense of $300.00 for Mr. Lombardo as County Fire Director retroactive to his reinstatement as Director. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Lombardo said the Rainbow Lakes Fire Department has extended an offer of a 5000 gallon tanker truck and he will have it inspected before accepting their offer.
ZONING
Mr. Rob Corbitt presented the following petition for consideration at public hearing:
- RV spaces shall not be sold as individual lots.
- Property shall be owned and operated and maintained under unified control of one person, group of persons, entity or corporation.
- RV Park shall be limited to 15 lots.
- Owners shall provide all amenities as stated on site plan.
- No substantial deviations of the submitted site plan shall be permitted without receiving approval from the Board of County Commissioners.
- Special exception use must be initiated within one (1) year of approval of amendment.
Petition No. SE-A 1-03 - Mr. David Ruttinger, petitioning the Board to allow for an Amendment to a previously approved Special Exception (SE 2-01). The proposed amendment will be to rescind condition #3, maximum of thirty (30) days per stay for park patrons/guest and to decrease the number of spaces from 30 to 15, on a parcel of land located in the SE 1/4 of the SW 1/4 of Section 33, Township 16 South, Range 17 East, containing 1.9 acres more or less and the NE 1/4 of the NW 1/4 of Section 4, Township 17 South, Range 17 East, containing 2.9 acres more or less. This parcel is located within a commercial "C-2" zoning. The Planning Commission recommends approval with the following conditions, including the abatement of the previous conditions as follows:
- Maximum of thirty (30) RV spaces.
- Maximum of four (4) washers and dryers for park guests and owners use only.
- Maximum of thirty (30) days per stay for guests.
- Boat ramp and Laundromat for park guests and owner only.
- If Special Exception is violated in any way, it will then become null and void.
Previous Conditions
Mr. Corbitt said a neighboring land owner, Mr. Herring, had presented opposition at the hearing before the Planning Commission. Mr. David Ruttinger said he had discussed the plans with Mr. Herring and they were no longer opposed to the special exception. Comm. Yearty moved to approve the special exception petition SE-A 1-03 as presented with the conditions recommended. Comm. Parker seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Johnnie Jones, Vice-Chairman, Levy County Juvenile Justice Council recognized Ms. Noelle Norris and Christena Wilson for "Youth Achievement Awards". Mr. Jones presented a history of Ms. Norris's accomplishments and presented her with a plaque and a $50.00 savings bond from Capital City Bank. Mr. Jones said Perkins State Bank had donated a $50.00 savings bond for Ms. Wilson.
INSURANCE
Mr. Robert Partin explained Liberty Mutual Insurance Company was requesting consideration to be the representative to handle the paperwork for employees participating in the "cafeteria program". Mr. Partin said the services provided are similar to those provided by AFLAC and there are six (6) local agents within the county.
Mr. Lamar Loper said AFLAC has been administering the "cafeteria plan" for approximately ten (10) years and local representation is provided by Ms. Jan Kirton of Bronson and he resides in Live Oak and there are AFLAC offices in Lake City, Gainesville and Ocala. Mr. Loper said AFLAC has always responded promptly to assist employees.
Mr. Partin said the program would be handled the same just using a different vendor.
Mr. Moody explained there is no cost for the services provided and is a payroll deduction benefit for employees who obtain additional insurance coverages. Mr. Moody said the payroll office has limited deduction accommodations available for vendors who present a payroll deduction plan.
Vice-Chair Rooks explained there had not been any complaints on the services received from AFLAC and recommended tabling the issue at this time.
ZONING
Mr. C. W. Gilbert said the denial of the special exception for the airstrip subdivision on the grounds of "not in my back yard" was not a defensible reason to reject the petition and recommended immediately reviewing the decision.
Mr. Beauchamp explained this was a zoning issue and could not be reheard without following proper procedure.
Comm. Parker explained his position on the petition and the denial of it.
Mr. Beauchamp said discussion should not be conducted on the issue of the special exception without an advertised public hearing and a basis was provided for the denial and no other action would be needed unless the decision was challenged.
APPOINTMENTS
Mr. Lannie Cardona said Ms. Joni Ellis had resigned her position on the Dixie, Gilchrist, Levy Tourism Development Board due to relocating and Mr. John Lohde was being recommended to assume her position. Mr. Cardona explained Mr. Lohde was the owner of Ancient Florida Eco-Tours, a kayak guide and outfitter and member of the Cedar Key Chamber of Commerce and was eligible to serve on the Tourism Development Board. Comm. Parker moved to approve the appointment of Mr. John Lohde to the Dixie, Gilchrist, Levy Tourism Development Board. Comm. Yearty seconded and the MOTION CARRIED.
PERMITS AND LICENSES
Mrs. Jacqueline Martin said a request has been received from Mrs. Margaret Knight for a permit to hold the Fall Withlacoochee Bluegrass Jamboree on October 31, November 1, 2, 2003. Mrs. Knight advised all guidelines would be complied with the granting of the permit.
Comm. Yearty moved to approve the permit on the same standards as previously granted. Comm. Parker seconded and the MOTION CARRIED.
TAX ROLL
Mrs. Martin presented the Recapitulation report of the 2002 Assessment Roll certifying a true list of all Errors, Insolvencies, Double Assessments and Discounts received from Mrs. Linda Fugate, Tax Collector for approval. Comm. Yearty moved to approve the 2002 Assessment Roll Recapitulation report. Comm. Parker seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Moody said Mr. Mark Johnson has been handling the flooding situation in Inglis and a local state of emergency has been declared for the last three (3) weeks in seven (7) days increments. Mr. Moody said Mr. Johnson had received cooperation from the Red Cross and was pursuing financial relief from the federal and state governments for the emergency expenditures.
Comm. Yearty said there had been roads that had washed out and culvert difficulties that are being repaired. Comm. Yearty said the Health Department has been inspecting wells and bottled water was being supplied by Emergency Management.
Vice-Chair Rooks explained the extensions for the local state of emergency probably will be extended through out this rain cycle and a tabulation of expenditures is being compiled.
COUNTY EMPLOYEES
Mr. Moody presented a proposed policy for Employee Use of Employer Furnished Transportation for review. Mr. Moody said the intent is to reduce unnecessary use and also be prepared for efficient response times when necessary.
MISCELLANEOUS
Mrs. Renate Cannon recommended placing the contract for the auditor on the bidding process.
CONTRACTS AND AGREEMENTS
Vice-Chair Rooks explained the Town of Yankeetown was requesting an interlocal agreement relating to animal control and recommended deferring any action until all costs associated with the agreement are reviewed as a result of recent legislative action requiring a $200.00 filing fee for all citations being filed with the court.
SHIP
Mrs. Sandy Ashley presented a Deferred Payment Loan Agreement for the following:
Nilo and Dinia Francisco, for the purchase of a home located at 24 SE 2nd Street, Lots 8 & 10, Block 23, Chiefland, Levy County for $4,800.00.
Comm. Yearty moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
Mrs. Ashley presented the following subordination agreement:
Rafe P. Meyer
Mrs. Ashley explained Mr. Meyer's request met the policy requirements for a subordination agreement. Comm. Yearty moved to approve the subordination agreement. Comm. Parker seconded and the MOTION CARRIED.
ORDINANCES
Vice-Chair Rooks recommended scheduling a public hearing for proposed ordinance for performance based septic systems in the coastal area. Vice-Chair Rooks explained numerous meetings with concerned agencies and individuals had been held and the performance based septic systems met the requirements for aquaculture and allowed a landowner to utilize their property. Comm. Parker moved to schedule a public hearing to hear the proposed ordinance on August 5, 2003 at 10:30 a.m.. Comm. Yearty seconded and the MOTION CARRIED.
TAX ROLL
Mrs. Sheila Rees said the property appraiser has provided the certification of the tax roll and the tentative millage rate needs to approved. Mrs. Rees said the TRIM hearings will be scheduled for September 8, and September 15, 2003.
Vice-Chair Rooks said the budget workshop scheduled for the afternoon of July 8, 2003 had to be canceled and will be rescheduled to July 22, 2003 at 10:00 a.m..
ATTORNEYS, COUNTY AND STATE
Mr. Beauchamp said the Emergency Medical Services and proposed Communications ordinances will be scheduled for public hearing on August 5, 2003 and Ms. Espinosa will be available to briefly discuss impact fees.
SUITS
Mr. Beauchamp said there are currently two (2) suits pending on zoning issues.
PARKS AND RECREATION
Mr. Jerry Pastori, Coach, Tri-County 12 and under girls softball team said they are invited to tournament and would welcome any financial assistance that could be granted.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court