REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
November 4, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on November 4, 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 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. Bell moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
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MINUTES
Comm. Parker moved to approve the minutes of the regular meeting of October 21, 2003. Comm. Rooks seconded and the MOTION CARRIED.
PROCLAMATIONS
Mr. Jacob “Jake” Wynn, U. S. Army Master Sargent Retired said on behalf of the VFW Rebel Post #5625 and Ladies Auxiliary he was presenting a proclamation recognizing the men and women who fought a foreign war on the land, seas and air.
Mrs. Susan Haines read the proclamation for the record designating November 9-15, 2003 as “Veteran’s Appreciation Week.” Comm. Bell moved to approve the proclamation for ”Veteran’s Appreciation Week”. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Sam Wasson said there will be a presentation on Monday, November 10, 2003 at 9:00 a.m. at the Chiefland Elementary School recognizing veterans.
JAIL
Mr. John Stewart, Peter Brown Construction presented the contract for execution to allow their firm to be the Construction Manager for the construction of the jail expansion under the direction of the architectural firm, Clemons, Rutherford and Associates, Inc.. Mr. Stewart said there will be a pre-bid meeting on November 11, 2003 in Tallahassee to provide information packets to sub-contractors and the bid opening will be held Thursday, November 20, 2003 at 2:00 p.m.. Mr. Stewart said they are encouraging participation from local sources and if there are any recommendations for sub-contractors he will send them notification of the pre-bid meeting.
Comm. Yearty explained the contract had been reviewed by Mr. Greg Beauchamp and it was in order. Comm. Yearty moved to execute the contract with Peter Brown Construction to be Construction Manager of the jail expansion project. Comm. Bell seconded and the MOTION CARRIED.
MUNICIPALITIES
Mrs. Sue Colson explained the Cedar Key City Commission is dedicated to improve the safety and parking issues surrounding Dock Street. Mrs. Colson explained a Citizen’s Group was formed and presented recommendations to the City Commission which were accepted and the City Commission is requesting an interlocal agreement to allow improvements on county owned property at the expense of the City of Cedar Key.
Mr. David Coffey presented a power point presentation showing the improvements which included expanded parking, sidewalks and a smoother flow of traffic on Dock Street. Mr. Coffey explained the merchants have been contacted and support the proposal to improve safety and the environment.
Mr. Coffey said construction materials will be in keeping with the character of the community, provide more handicap accessibility and be virtually maintenance free.
Mr. Coffey said it is the intent to begin the improvements during the winter months.
Comm. Rooks said there is an area near the marina that is settling and the city will meet with the county engineer to determine that their plan is feasible to stop the settling, the city will finance all the improvements including the replacement of the steel railings around the marina. Comm. Rooks moved to approve the concept presented and direct the county attorney, Mr. Beauchamp to prepare an interlocal agreement in cooperation with Mr. Coffey to be presented at the next regular meeting on November 18, 2003. Comm. Bell seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petitions for zoning decisions:
Petition No. FP 6-03, Parrish Land Surveying representing D. J. Daube, petitioning the Board for a Final Plat of “Cedars of Fannin,” a subdivision located in a portion of the parent parcel, #00474-000-00, being 27.46 acres in the E ½ of the NE 1/4 of the NW 1/4 and eight (8) acres in the NW 1/4 of the NE 1/4 in Section 27, Township 10 South, Range 14 East, containing three (3) acres more or less. This parcel is located within a Rural Residential “RR” zone. It comes to the Board with a recommendation of approval from the Planning Commission.
Comm. Bell moved to approve the final plat for “Cedars of Fannin,” and approval for the attorney to execute his signature upon his return. Comm. Yearty seconded and the MOTION CARRIED.
Petition No. FP 7-03, Pardue Land Surveying representing C. B. Griffis, petitioning the Board for a Final Plat of “Griffis Estates,” a subdivision located in the S ½ of the SW 1/4 of the NE 1/4 and N 3/4 of the NW 1/4 of the SE 1/4, parcel #00977, and the SW 1/4 of the SE 1/4 and S 1/4 of the NW 1/4 of the SE 1/4, parcel #00977-001-00, both lying within Section 13, Township 12 South, Range 14 East, in Levy County. Said parcel contains 96.91 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone. The Planning Board recommends approval and no opposition was presented.
Comm. Rooks moved to approve the final plat of “Griffis Estates.” Comm. Bell seconded and the MOTION CARRIED.
Petition No. SE 5-03, Robert and Faye Wells, petitioning the Board for a Special Exception to allow for an outdoor commercial recreational facility for the purposes of establishing an organized mud bogging business located in the SW 1/4 of the NE 1/4 and that part of the E ½ of the NE 1/4 lying west of U. S. Highway 19/98, and all that part of the SE 1/4 lying west of U. S. Highway 19/98 and north of Butler Road, in Section 36, Township 15 South, Range 16 East, in Levy County. Said parcel contains 99.80 acres more or less. This parcel is located within an Forestry/Rural Residential “F/RR” zone. The Planning Commission recommended approval with the following conditions:
1. The Special Exception Use shall be for the development of an organized mud bogging business. No substantial changes to the site plan submitted with the application shall be permitted without an approval by the BOCC through the amendment process.
2. The requested use of the property shall not change with out approval by the BOCC through the amendment process (i.e. mud bogging/mud racing to car racing/drag strip, etc.)
3. Permits, approvals or documented exemptions from all affected state agencies shall be provided to the Development Department at the time of the application for any building permits. Some of these may be: Department of Health for restroom facilities and potable water, should water be provided for human consumption; and the Southwest Florida Water Management District for storm water or surface water management permits, if applicable, or provide written documentation of exemption or the absence of regulatory authority from such agencies.
4. The business shall operate between the hours of 9:00 a.m. and 9:00 p.m., except Sundays which hours shall be 10:00 a.m. to 9:00 p.m..
5. The applicants will prepare and submit an action plan to address the clean-up of petroleum products that may be spilled due to mechanical failures. Such plan shall be reviewed by the county’s Department of Emergency Management and Fire Department Coordinator (Haz-Mat Team).
6. The property owners or business operators shall compensate the county for any expenses incurred for emergency services, including: fire department, sheriff’s office, and emergency medical services.
7. The applicant or property owners shall provide permits or documented exemptions from the Florida Department of Transportation (FDOT) for any required access improvements to US 19/98; and the Levy County Road Department for any improvements that may be required for access to Butler Road. Any required improvements shall be installed at the expense of the property owners, and approved by the appropriate road department (state or county) prior to the special use of the property.
8. The applicant shall adhere to the recommendations of the Sheriff’s Department and EMS Office:
1. Provide minimum of two (2) off-duty deputies on site during events for traffic and crowd control to begin the business, and adjust as recommended by the sheriff’s office. The applicant shall give sufficient notice of all events to the Levy County Sheriff’s Office.
2. rovide at least one (1) paramedic or EMT on-site during events, in their personal vehicle, with adequate supplies and equipment to provide first aid and to make the determination for the need to transport; or provide an on-site, fully equipped medical unit at the operator’s expense. The owner-operator shall provide a written request, at least two (2) weeks in advance, if Levy County EMS services is requested. If county EMS personnel are not available for an event, the applicant shall contract EMS services from an outside provided. Levy County shall be reimbursed for all expenses incurred.
9. The Board of County Commissioner’s retain the right to rescind the special exception for the out door commercial use property upon recommendation of the Sheriff’s Office or violation of any of the conditions applied to the approval of the special exception use permit.
Mr. Corbitt explained the petitioner plans to have a pump truck and pit scoop for any spills and agrees to have a plan to clean up of any hazardous spills. Mr. Corbitt said the petitioner plans to offer fast food, portable toilets, children’s play area, pole barn, dumpster on site for trash, spectator parking around the man-made pit where the events will take place. Mr. Corbitt said there is an emergency exit to Butler Road, a privately owned road, with the main ingress/egress from U. S. Highway 19/98.
Mr. Bill Frye, Florida Youth Ranches, said the Caruth Youth Camp is approximately 1.6 miles from the proposed site and they are greatly concerned on the impact to the environment, property values and littering along the highway from events. Mr. Frye said there is a concern about the noise that will be generated during the mud bogging events.
Mr. Jim Lesperance said he is the closest property owner and is concerned the noise decreasing the value of the property he owns in Carolyn Subdivision and if he will be required to disclose this noise issue for any of the lots he has for sale.
Ms. Kathryn Loweyns said consideration needs to be given to how special exceptions will be enforced.
Ms. Ellen Gilbert said if a special exception is going to generate additional noise the area of notice should be greater than 300'.
Mr. Bill Hutchinson said what water will be extracted to keep the site wet.
Mr. Robert Wells said the proposed pit area is approximately 1200 feet from Mr. Lesperance’s residence and there is a pine tree buffer that will remain. Mr. Wells said he intends the proposed operation to be a place for young people to come and have events and does not plan on having the professional category of mud bogging trucks that run on nitrous oxide.
Mr. Wells said he intends to immediately clear any spills and would not object to requiring all vehicles to have mufflers.
Comm. Rooks recommended adding the condition that there would be no more than one event per month and it would be limited to two (2) days. Comm. Rooks explained the county could be liable if an outside EMS provider was used as they are not responsible to our Medical Director.
Major Bobby McCallum said the Sheriff’s Office would want a week to ten (10) days notice of an event.
Comm. Rooks said proof of liability insurance should be a condition. Comm. Yearty moved to table any action until December 2, 2003 at 6:30 p.m. and allow the petitioner to obtain the additional information requested. Comm. Bell seconded and the MOTION CARRIED.
Mr. Ray Goodwin said he is the owner of several mud bogging operations and Mr. Wells is proposing a “play pit” and not a major racing operation and is trying to establish the legally operated and not unsanctioned mud bogging site.
Petition NO. CZ 1-03, David Ruttinger, petitioning the Board for a Change of Zoning from Forestry/Rural Residential “F/RR” to Commercial “C-3" on a tract in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NW 1/4 in Section 25, Township 16 South, Range 16 East, in Levy County, said parcel contains 38.18 acres more or less. The Planning Commission recommends approval.
Mr. Corbitt explained the area has a commercial land use designation and a zoning classification needs to be established. Mr. Corbitt said this petition is being presented in conjunction with a petition for a special exception and the two (2) petitions must be approved for the petitioner to proceed with his project.
Petition No. SE 7-03, David Ruttinger, petitioning the Board for a Special Exception to allow Furniture Manufacturing, on a parcel of land located in the NE 1/4 of the NW 1/4 of Section 25, Township 16 South, Range 16 East, lying southeasterly of road, in Levy County. Said parcel contains 9.6 acres and is a portion of Parcel No. 02920-001-00 and 02916-000-00. This parcel is located within a Forestry/Rural Residential “F/RR” zone. The Planning Commission recommends approval with the following conditions:
1. The approved Special Exception is for the manufacture of furniture within an enclosed building, with the incidental use of machinery outside of the structure permitted to be operated between the hours of 7:00 a.m. and 5:00 p.m..
2. The Special Exception Use shall be applicable to only that portion of the 15 acres more or less parcel identified as Parcel 3A, lying east of U. S. 19/98 and west of the 100 feet utility easement, electric and gas transmission lines, shown on the submitted boundary survey, being ten (10) acres more or less.
3. The applicant shall adequately address the requirements for commercial developments, including but not limited to: potable water system, waste water disposal, storm water management, solid waste, improved off-street parking, landscaping and off-street traffic circulation shall be met prior to the issuance of building permits.
4. The applicant shall obtain all necessary state permits or approvals prior to the submittal of an application for building permits. These approvals include permits or letters of exemption from: Florida Department of Transportation (FDOT) for driveway connection; Southwest Florida Water Management District for storm water management; Department of Health for potable water source and waste water disposal.
5. The applicant shall obtain all necessary permits and approvals and begin construction within 18 months of the approval of the Special Exception by the Board of County Commissioners (BOCC).
Mr. Corbitt said the parcels are located within the Inglis Municipal Service District (MSD) and the Levy County Sheriff’s Office sub-station, EMS station, Risher Auto Recycling, a church and a trailer/truck rental business in the immediate area. Mr. Corbitt said Mr. Ruttinger has operated his business at a location on CR 40 and there have not been any complaints and Mr. Ruttinger provides a specialty product.
Chairman Stevens called for opposition and none was presented. Comm. Yearty moved to approve Petition No. CZ 1-03 for a change of zoning to Commercial “C-3" and the petition for Special Exception SE 7-03 to allow furniture manufacturing with the proposed conditions. Comm. Bell seconded and the MOTION CARRIED.
PERMITS
Mr. Corbitt said a application for a Special Events Permit has been requested by Mrs. Helen Koehler for the “Goethe Challenge Endurance Ride” beginning December 12th through December 14th, 2003. Mr. Corbitt said this event was held last year and agencies that will be impacted have been notified through inter-governmental coordination. Mr. Corbitt said proof of insurance has been provided. Comm. Yearty moved to approve the Special Events Permit. Comm. Parker seconded and the MOTION CARRIED.
Comm. Rooks said the process for obtaining a Special Events Permit needs to reviewed and made a “user-friendly” procedure.
MINING
Mr. Joseph Marshall explained it appears that a mining operation is being pursued on a parcel of land owned by Freddie Bell.
Mr. Corbitt said complaints have been received and it is being investigated by the Code Enforcement Officer.
ANIMAL CONTROL
Mr. Wayne Hardee said any action on the interlocal agreement with the Town of Yankeetown needed to be continued until further information is received.
LIBRARY
Mr. Tom Reitz presented the interlocal agreement with the City of Chiefland. Mr. Reitz said the City of Chiefland requested their contract be renewed annually and did not want to have an automatic renewal clause. Comm. Yearty moved to approve the interlocal agreement with the City of Chiefland for the library. Comm. Parker seconded and the MOTION CARRIED.
Mr. Reitz presented the interlocal agreement with the Town of Bronson for the library system. Mr. Reitz said the agreement would automatically renew. Comm. Bell moved to approve the interlocal agreement with the Town of Bronson. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Reitz requested authorization to apply for the E-Rate Communications discount for the ensuing year. Comm. Yearty moved to approve the application for the E-Rate Communications discount. Comm. Bell seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn recommended scheduling the public hearing for a large scale amendment and associated zoning request for December 2, 2003 at 6:30 p.m.. Comm. Yearty moved to hold the public hearing on December 2, 2003 at 6:30 p.m. for the large scale amendment and zoning request that is within the Williston Municipal Service District. Comm. Bell seconded and the MOTION CARRIED.
FIRE DISTRICTS
Mr. Rick Lombardo presented the fire protection agreements with the Town of Inglis and the Town of Otter Creek for the volunteer fire departments. Comm. Yearty moved to approve the fire protection agreements. Comm. Bell seconded and the MOTION CARRIED.
COUNTY FIRE DIRECTOR
Mr. Lombardo requested permission to discuss a non-agenda item relating to the proposed rule making for Uniform Minimum Firefighter Employment Standards. Chairman Stevens said this will directly impact the volunteer fire departments. Comm. Rooks moved to discuss a non-agenda item. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
Chairman Stevens explained the proposed rule making has been provided and it will impact the county as the legally responsible employer and meeting the minimum requirements. Chairman Stevens said there is a time frame in which to request a public hearing and obtain clarification on the requirements. Chairman Stevens requested Mr. Lombardo to arrange a meeting with the fire chiefs and the full Board and it will be scheduled at the next regular meeting.
FIRE DISTRICTS
Mr. Lombardo said the Fowler’s Bluff Volunteer Fire Department will be hosting a Turkey Shoot and Fish Fry on Saturday, November 8, 2003 from 10:00 a.m. to 3:00 p.m..
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 112th Terrace, located in Oak Ridge Estates, requiring two (2) hours of grading for an estimated cost of $134.00. Beginning at Alt. 27 and ending at NE 65th Lane.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
NE 73rd Lane, located in University Estates, requiring five (5) loads of rock and two (2) hours of grading for an estimated cost of $1,634.00. Beginning at NE 110th Avenue and ending at NE 112th Terrace.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
SE 212th Avenue, located in Ocala Highlands West, requiring five (5) loads of rock and two (2) hours of grading for an estimated cost of $1,634.00. Beginning at SE 71st Place and ending at SE 73rd Place.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
SE 186th Avenue, located in Gilmore Acres, requiring two (2) hours of grading for an estimated cost of $134.00, beginning at C326 to the end of the road.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 4th Place, located in Williston Highlands Golf & Country Club Estates, requiring three (3) loads of rock and two (2) hours of grading, for an estimated cost of $734.00, beginning NE 155th Terrace to the end of the road.
Comm. Bell 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 an interlocal agreement with the Town of Inglis to provide the maintenance to those streets within the municipality known as Vicki Street, Sapp Street, Shear Street, Linda Street and Debra Street located within Cason’s Inglis Acres and the Town of Inglis will reimburse for the cost of maintaining the streets. Comm. Yearty moved to approve the agreement. Comm. Rooks seconded and the MOTION CARRIED.
CLERK OF COURT/TO BOARD
Mr. Moody said the Clerk, Mr. Danny Shipp had requested the interlocal agreement with the Town of Bronson for the sewer project and the interlocal agreement with the School Board for the distribution of the “Dori Slosberg Driver Education Safety Act” funds be tabled until November 18, 2003.
Mrs. Haines requested authorization to schedule a public auction for the “escheated” lands on January 12, 2004 at 10:00 a.m.. Comm. Yearty moved to hold the public auction on January 12, 2004. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Haines said adjacent land owners will be sent notices of the public auction.
COMMISSIONERS
Mr. Moody said Mr. Beauchamp has provided a copy of an ordinance for Marion County concerning the temporary moratorium on the acceptance of permits for the withdrawal of water that is not for the benefit of the community.
Chairman Stevens recommended considering a moratorium that would prevent the extraction or transfer of water across county lines that does not benefit the community.
Comm. Parker moved to enact a moratorium on the extraction, bulk removal or transfer of water for six (6) months across Levy county boundaries that would not be for the benefit of the community.
Mr. Moody said a review of the action by counsel should be considered. Comm. Parker moved to amend the moratorium for a period of thirty (30) days. Comm. Yearty seconded. Chairman Stevens said this would allow for providing assistance in the case of an emergency and the MOTION CARRIED.
Chairman Stevens explained no permits for bulk water extraction would be accepted and this would be discussed further on the November 18, 2003 agenda.
APPOINTMENTS
Mr. Moody explained the Supervisor of Elections, Mrs. Connie Asbell has requested the appointment of Comm. Rooks to the Canvassing Board to replace Chairman Stevens who served last year. Mr. Moody said it will require the attendance to the statewide Canvassing Board Workshop on December 4, 2003. Comm. Bell moved to approve the appointment of Comm. Rooks to the Canvassing Board and to attend the workshop. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Moody said Mr. Billy Carrecia was hired as Emergency Medical Services Director and has completed the six (6) months probationary period. Mr. Moody explained he had evaluated Mr. Carrecia and was recommending approving an increase in his annual salary of $1,000.00 which was part of the action approving the hiring of Mr. Carrecia. Comm. Yearty moved to approve the salary increase. Comm Parker seconded and the MOTION CARRIED.
SUPERVISOR OF ELECTIONS
Comm. Rooks explained it is the responsibility of the Canvassing Board to verify absentee ballots and to verify there has not been a duplication of votes.
EMERGENCY MEDICAL SERVICES
Mr. Moody said Mr. Carrecia is participating in the annual inspection by the State.
SALARY AND WAGES
Mr. Moody explained Paramedic Todd Hope has completed the Paramedic Program at Lake City Community College and in accordance with the union agreement is entitled to reimbursement of the $3,110.40 tuition cost. Comm. Rooks moved to approve the reimbursement of the tuition. Comm. Bell seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Parker said the policy on posting property for zoning petitions needs to be reviewed with consideration on a wider area of notification for certain impacts.
Mr. Corbitt explained he has been preparing an update on the Land Development Regulations (LDR’s) and this has being considered.
Comm. Parker said a review on determining issues that may require the scheduling of a night meeting needs to be considered for controversial issues.
Comm. Bell said she would like to have a workshop in January to review drafts of policy and procedures and to consider the reorganization of the current policy of Commissioner’s heading a department.
Comm. Rooks expressed appreciation for Mrs. Mary Golding’s participation in presenting the NAACP annual banquet.
Comm. Rooks explained the intent of her action at the October 21, 2003 meeting was to reimburse Mrs. Paula Kennedy for her total annual leave and the allowable reimbursement for sick leave in accordance with Florida Statutes.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court