Levy Minutes 12/02/2003

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

December 2, 2003

The Regular Meeting of the Board of Levy County Commissioners was held on December 2, 2003 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Danny Stevens
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. Bell moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.

FUND

AMOUNT

CHECK NUMBERS: 73176 - 73362

GENERAL FUND

$808,683.99

ROAD & BRIDGE FUND

189,596.63

LOCAL HOUSING ASSISTANCE

7,275.00

LIBRARY

4,088.36

MEDIATION

300.00

FINE & FORFEITURE FUND

10,977.99

TRANSPORTATION

1,376.45

LANDFILL & RECYCLING

4,980.37

SPECIAL LAW ENF

80.00

COURT FACILITIES

323.15

FLORIDA POWER GRANT FUND

489.54

EMERGENCY MEDICAL SERVICE

12,481.31

LOCAL LAW ENF BLK GRANT

1,267.20

FIRE

13,232.89

ARTICLE V GRANT

2,521.64

INTERGOV COMMUNICATIONS

200.00

SALES TAX REV BOND CONST

57,419.85

UTILITIES FUND

22,244.41

TOTAL

$1,137,538.78

MINUTES

Comm. Bell moved to approve the minutes of the regular meeting of November 18, 2003. Comm. Parker seconded and the MOTION CARRIED.

RESOLUTIONS

Mr. Greg Beauchamp read the resolution for the record recognizing Mr. Cornelius Williams of Williston for his lifetime achievements, dedication and positive influence on his fellow citizens. Comm. Bell moved to adopt the resolution. Comm. Yearty seconded and the MOTION CARRIED.

COMMODITIES

Mr. Mark Johnson explained the commodities program is being discontinued through the Emergency Management Services office. Mr. Johnson said the program has to be expanded to include food banks and soup kitchens. Mr. Johnson said other local agencies have been contacted and will be assuming the responsibility.

Mrs. Leatha Keen said the January, 2004 distribution will not be held due to the time lines in submitting applications.

DEVELOPMENT DEPARTMENT

Ms. Janet Garcia explained she is representing Morrispring Natural Water Corp. and have an application for the extraction of natural water and are requesting an opportunity to present the application.

Chairman Stevens explained a moratorium has been enacted to prevent the extraction and removal of water across county lines except for an emergency for the public benefit. Chairman Stevens said the process is by special exception and applications are not being accepted. Chairman Stevens said the official position is to not to allow the extraction of water until additional information is received from the Governor, the legislature and the Council of 100 on their intentions.

Mr. Beauchamp said the moratorium was instituted for thirty (30) days and it will be further discussed on the current agenda.

AGENCIES

Mr. Lannie Cardona presented the Tourism Strategic Marketing Plan for the fiscal year of 2003-2004 for the partnership with the Levy County Tourist Development Council. Comm. Bell moved to adopt the Tourism Strategic Marketing Plan for the fiscal year 2003-2004. Comm. Parker seconded and the MOTION CARRIED.

ATTORNEY, COUNTY AND STATE

Mr. Fred Moody presented samples of contracts and job descriptions secured from several counties for a county attorney. Mr. Moody said some on are contracts and others are county employees with benefits.

Comm. Bell said it is time to have a full time staff attorney with experience in land use.

Comm. Yearty said a staff attorney with one staff person is needed and the position for county attorney should be advertised state-wide.

Comm. Bell moved to hire a staff attorney and one (1) staff member with the advertisement being prepared with a job description and salary range for approval at the next regular meeting. Comm. Parker seconded and the MOTION CARRIED.

COMMISSIONERS

Mr. Moody requested a workshop on December 16, 2003 at 1:30 p.m. to discuss the personnel and procedures.

Mr. Moody requested a workshop on January 6, 2004 at 1:30 p.m. for the first budget workshop.

COUNTY EMPLOYEES

Mr. Moody explained a change in title is needed for Mr. Bruce Greenlee from Construction Foreman to Road Department Foreman. Mr. Moody said Mr. Greenlee’s evaluation was exemplary. Comm. Yearty moved to amended the title change for Mr. Greenlee to Road Department Foreman. Comm. Parker seconded and the MOTION CARRIED.

COMMISSIONERS

Comm. Bell moved to hold a workshop on December 16, 2003 at 1:30 p.m. for review of the Personnel and Procedures. Comm. Parker seconded and the MOTION CARRIED.

AGENCIES

Mrs. Jacqueline Martin explained the Withlacoochee Regional Planning Council will hold its annual organizational meeting on Thursday, December 11, 2003 and the two (2) representative positions held by Comm. Parker and Comm. Bell will expire on December 10, 2003 and replacement appointees are needed. Chairman Stevens advised he will assume one of the positions.

MISCELLANEOUS

Mrs. Lizzie Jenkins explained she is a Rosewood descendant and has planned a Peace and Healing Ceremony on January 1, 2004 at 12:00 p.m. in the Rosewood Park located on SR 24. Mrs. Jenkins said invitations have been sent to President and Laura Bush and to Governor Jeb Bush. Mrs. Jenkins said a representative from Governor Bush’s staff will be present. Mrs. Jenkins said local participation would be greatly appreciated.

JAIL

Mr. John Stewart, Peter Brown Construction presented the Project Information Handbook for the construction of the jail. Mr. Stewart said bids had been received and local sources will be utilized where possible. Mr. Stewart said the completion is scheduled one (1) years from the starting date and authorization to award the low bids is requested. Comm. Yearty moved to approve the awarding of the low bids as presented upon the contractor’s meeting all proper requirements for licensing. Comm. Parker seconded and the MOTION CARRIED.

Mr. Stewart said the ground breaking will be held at 2:00 p.m..

ZONING

Mr. Rob Corbitt presented the following petition for a hardship variance:

Petition No. Ha.Va. No. 7-03 – Clayton McElroy, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother, Margaret McElroy, on a parcel of land located in the West ½ of the East ½ of the SW 1/4 of the SW 1/4 of Section 2, Township 11 South, Range 15 East, in Levy County. Said parcel contains ten (10) acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone.

Mr. Corbitt said the hardship was investigated and found to be legitimate with no opposition presented. Comm. Bell moved to approve the hardship variance. Comm. parker seconded. Chairman Stevens called for opposition and none was presented and the MOTION CARRIED.

Mr. Corbitt presented the following petitions for final plats:

Petition No. FP 8-03 – Danny Croft of Croft Land Surveying representing Jerry Cutrona, Sr., petitioning the Board for a Final Plat of “Mane Place,” a subdivision located in the North 1283' of the SW 1/4 of Section 31, Township 13 South, Range 19 East, in Levy County, lying West of U.S. Highway No. 41 (SR 45), said 1283' measured at 90 degrees to the North line of said SW 1/4, less the West 759.09' thereof. Said parcel contains 31.17 acres more or less. This parcel is located within an Agriculture/Rural Residential (A/RR) zone. The Planning Commission recommends approval.

Chairman Stevens called for opposition and none was presented. Comm. Yearty moved to approve the final plat of “Mane Place.” Comm. Bell seconded and the MOTION CARRIED.

Petition No. FP 9-03 – Danny Croft of Croft Land Surveying, representing Alan Caplin, petitioning the Board for a Final Plat of “Sienna Cove,” a subdivision located in the SW 1/4 of the NW 1/4 of Section 26, Township 11 South, Range 14 East, in Levy County. Said parcel contains 8.91 acres more or less and has a land use of Low Density Residential (LDR). The parent parcel numbers are 00734-001-00, 00734-001-0A, 00734-001-0B, 00734-002-00 and 00734-003-00. The Planning Board recommends approval.

Chairman Stevens called for opposition and none was presented. Comm. Bell moved to approve the final plat for “Sienna Cove.” Comm. Parker seconded and the MOTION CARRIED.

Mr. Corbitt presented the following petition for a Change of Zoning:

Petition No. CZ 2-03 – Eugenia Rowe, petitioning the Board for a Change of zoning from Rural Residential “RR” to Commercial “C-4" to allow any of the permitted “C-4" uses, on a parcel of land located at the West 135 feet of the East 454.35 feet of the East ½ of the NW 1/4 of the NE 1/4 of Section 1, Township 13 south, Range 18 East; lying North of US Highway Alt. 27 right-of-way; less the right-of-way of NE 40^th Street (LCR 544); containing 1.55 acres more or less as described in OR Book 782, page 423 & OR Book 843, page 353, in Levy County. AKA Parcel No.’s 04312-000-00 (.6 acres m.o.l.) And 04312-001-0A (.95 acres m.o.l.). Planning Commission recommends approval to C-2.

Mr. Beauchamp explained the petition was submitted with a request for Commercial C-4 and can not be changed to Commercial C-2 without a new application being submitted by the petitioner.

Mr. Beauchamp said the City of Williston had submitted a written response they would not recommend a zoning of C-4 for that parcel and would prefer the north end of the property to remain residential with the portion adjacent to US 27 Alternate be zoned C-2 or C-1.

Mrs. Eugenia Rowe said the petition was requested with the broadest commercial classification as the property is currently on a pending contract for sale. Mrs. Rowe explained her intent is to sell the property and allow the purchaser to determine what the property would be used for. Mrs. Rowe said she has not had any discussions with the City of Williston on the use of the land or on providing utilities.

Mr. Ralph Avery, Mrs. Kathy Radacky, Mr. Ronald Contois advised they were opposed a change of zoning to Commercial, C-4 indicating the zoning was to intensive for the area that is a residential area on the north side and the uses allowed in a C-4 would provide a negative impact on the adjacent properties.

Comm. Yearty explained the City of Williston was opposed to the more intensive zoning classification of C-4, the Planning Commission expressed concerns for the suitability of the site for C-4 uses and still allow adequate buffering from the residential areas. Comm. Yearty said the site is within the Municipal Service District (MSD) for the City of Williston and the comprehensive plan calls for intergovernmental consideration on land uses that impact a municipality.

Comm. Yearty moved to deny the request for a change of zoning to C-4 as the change is not compatible with current surrounding land uses. Comm. Parker seconded and the MOTION CARRIED.

Chairman Stevens advised the issue to allow Mrs. Eugenia Rowe to submit a new application for a change of zoning to C-2 would be placed on the agenda for the December 16, 2003 meeting for discussion on waiving applicable fees.

COUNTY FIRE DIRECTOR

Mr. Rick Lombardo said notice has been sent to Rainbow Lakes Volunteer Fire Department requesting the submission of receipts with their quarterly reports.

Mr. Lombardo inquired if there was going to be a grant writer designated. Chairman Stevens advised Comm. Rooks was reviewing and her report would be needed.

Mr. Lombardo said clarification has been obtained on the employer for the new statutes for Volunteer Fire Departments and the Board of County Commissioner’s will be considered the employer. Mr. Lombardo recommended preparing Standard Operating Guidelines (SOG’s) for the rural volunteer fire department. Mr. Lombardo said each department already is operating under guidelines and they need to be consistent for each department.

Chairman Stevens said the Standard Operating Guidelines (SOG’s) should be prepared and presented for approval.

Mr. Lombardo said volunteers are being trained at county expense and with the required additional training and education volunteers are then obtaining positions with paid fire departments.

Mr. Moody said Mr. Shipp and Mrs. Paula Kennedy were appointed to a committee to include him to review the fire departments and to provide proposals for funding and retention of volunteers. Mr. Moody explained the committee should consist of persons involved with the fire departments who are aware of the needs.

Chairman Stevens advised Mr. Lombardo to request volunteers for the committee from the Fire Advisory Board to prepare a proposal to consider recruitment and retainment of volunteers and for allocation of funding.

LIBRARY

Mr. Tom Reitz said the Florida Electronic Library was officially launched and allows a gateway to select Internet resources. Mr. Reitz said keying in your library card number will allow a quick access to resources in a central location.

BOAT RAMPS

Mr. Justin Watson said a request to repair the Lake View Drive Boat Ramp in Peaceful Acres has been made by some residents. Mr. Watson explained there is not a parcel identification number assigned to the property and taxes are not being paid and the plat reflects that the boat ramp is for the property owners.

Mr. Beauchamp said there is sufficient dedication on the plat to allow the county to work on the property and it being a proper expenditure and that would allow anyone to utilize the boat ramp under public ownership.

Mrs. Faye Patterson said the ramp is in bad condition but could not speak for the residents if they wanted to have the ramp opened to the public or preferred to finance the repairs.

Comm. Yearty said it would not be a difficult project or the ramp could be closed. Comm. Yearty request Mrs. Patterson to contact the residents and determine if they wanted the ramp to come under county ownership and be available to the public.

Mr. Watson said an estimate would be prepared for installation of a culvert and to repair the ramp or to close the ramp.

ROAD MAINTENANCE

Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:

NE 120^th Street, Old Tisdale Road, requiring grading for two (2) hours for an estimated cost of $134.00, beginning at C337 and ending at NE 70^th Terrace.

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.

NE 87^th Place located in University Estates, requiring 20 loads of rock and grading for an estimated cost of $6,000.00, beginning at NE 105^th Avenue (LCR 1059) and ending at NE 102^nd Court.

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

NE 85^th Street located in Forest Park II, requiring two (2) hours of grading for an estimated cost of $134.00, beginning at NE 105^th Avenue (LCR 1059) and ending at NE 118^th Terrace (LCR 1054).

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.

NE 107^th Place located in University Oaks, requiring ten (10) loads of rock and grading for an estimated cost of $3,000.00, beginning at NE 109^th Place and ending at the end of NE 107^th Place.

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

NE 121^st Terrace located in Sunny Highlands, requiring two (2) loads of rock and grading for an estimated cost of $600.00, beginning at NE 54^th Lane and ending at the end of NE 51^st Lane.

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

NE 12^th Street located in Williston Highlands, Unit 14 requiring three (3) loads of rock and two (2) hours of grading for an estimated cost of $1,034.00, beginning at NE 120^th Avenue (LCR 103) and ending at NE 130^th Avenue.

Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

SE 216^th Avenue located in Ocala Highlands West, requiring six (6) loads of rock and grading for an estimated cost of $1,934.00, beginning at SE 60^th Lane, subdivision entrance and ending at SE 75^th Lane.