REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 16, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on March 16, 2004 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Lilly Rooks
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
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 Comm. Yearty followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Yearty seconded and the MOTION CARRIED.
FUND AMOUNT CHECK NUMBERS: 74572 - 74821 GENERAL FUND $332,720.73 ROAD & BRIDGE FUND 36,413.52 SHIP 2,940.00 LIBRARY 4,138.75 PERMANENT MOSQUITO 35.00 FINE & FORFEITURE FUND 52,289.28 TRANSPORTATION 5,046.68 LANDFILL & RECYCLING 69,660.39 COURT FACILITIES 25,122.20 FLORIDA POWER GRANT FUND 3,842.99 EMERGENCY MEDICAL SERVICE 20,116.75 FIRE 8,776.58 TOURIST DEVELOPMENT 44.86 INTERGOV COMMUNICATIONS 10,533.56 SALES TAX REV BOND CONST 185,031.65 UTILITIES FUND 3,788.84 TOTAL $760,501.78
MINUTES
Comm. Stevens moved to approve the minutes of the special meeting of March 2, 2004 and of the special meeting of March 11, 2004. Comm. Yearty seconded and the MOTION CARRIED.
MISCELLANEOUS
Mrs. Renate Cannon requested information pursuant to the original design for the sally port of the courthouse. Mrs. Cannon said the sally port is currently being re-constructed and she is inquiring who decided the construction was necessary and why. Comm. Yearty responded Clerk of Court, Danny Shipp is working with the contractor and will research the answer to her question.
AGENCIES
Mr. Fred McKeon representing the Levy County branch of the American Red Cross proposed a Proclamation Declaring March as American Red Cross Month in Levy County, Florida’. Mr. McKeon further informed the local chapter is bringing training throughout the Levy County community so that our citizens will be in a better position to react and recover from unexpected disaster. Atty. Beauchamp read the proclamation for the record. Comm. Yearty moved to adopt the proclamation. Comm. Bell seconded and the MOTION CARRIED.
TOURIST DEVELOPMENT BOARD
Mr. Lannie Cardona presented the 2004 Comprehensive Economic Development Strategy (CEDS), requesting approval to sign the letter with these from the Nature Coast Business Development Council to the Withlacoochee Regional Planning Council (WRPC). Comm. Stevens moved to approve signature for the letter from the Nature Coast Business Development Council to the Withlacoochee Regional Planning Council. Comm. Parker seconded and the MOTION CARRIED.
CORRESPONDENCE
Ms. Heather Alexander said tabled from the February 17, 2004 meeting were proposed appointments to the Board of Directors for Meridian Behavioral Healthcare and to the Board of Directors for North Central Florida Health Planning Council. Comm. Stevens moved to appoint Ms. Marie Wells to the Board of Directors for Meridian Behavioral Healthcare and to the Board of Directors for North Central Florida Health Planning Council. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Alexander requested item of proposed Policy and Procedure Manual be tabled until the April 6, 2004 meeting.
COUNTY COORDINATOR
Mr. Fred Moody proposed Nature Coast Transit General Manager recommendation to advertise this position for period of two (2) weeks and thereafter bring recommendation by the committee before the board at the April 6, 2004 meeting. Mr. Moody stated salary range for this position would be $40,290 - $60,923. Comm. Yearty moved to approve Mr. Moody’s recommendation to advertise for the position of General Manager for the Nature Coast Transit with salary range from $40,290 - $60,923. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Moody requested proposed policy for use of county facilities be tabled until the April 6, 2004 meeting.
Mr. Moody requested permission to advertise for the position of a certified Non-Department of Corrections Work Squad Supervisor. Comm. Yearty moved to allow for the advertisement of a certified Non-Department of Corrections Work Squad Supervisor. Comm. Bell seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Moody presented proposed Joint Participation Agreement with the Florida Department of Transportation for Section 5311 Grant, providing funds for the transportation program and Resolution approving grant application. Ms. Gwendolyn Pra, District Rural Transportation Coordinator of the Florida Department of Transportation, stated this a federal operations grant with medicaid purchased transportation fulfilling match requirement, with a benefit of $114,750. Ms. Pra further explained this grant will be for a five year period. Comm. Stevens moved to approve the Joint Participation Agreement with the Florida Department of Transportation. Comm. Parker seconded and the MOTION CARRIED.
Mr. Moody presented a Standard Coordination/Operator Contract with Levy Association of Retarded Citizens (LARC) for period 4/1/04 - 4/1/05. Comm. Parker moved to approve Standard Coordination/Operator Contract with LARC. Comm. Stevens seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Billy Careccia requested approval to apply for a 100% funded federal grant through the state to purchase sixteen (16) Automatic External Defibrillators. Comm. Bell moved to approve grant submittance. Comm. Yearty seconded and the MOTION CARRIED.
PLANNING
Ms. Kathy Winburn presented annual report of Devil’s Hammock Stewardship submitted to Florida Communities Trust, to be discussed further this date with agenda item by representatives of the Suwannee River Water Management District.
ROAD DEPARTMENT
Mr. Bruce Greenlee presented the following requests for maintenance on a one (1) time basis:
NE 70 Street (portion of) and NE 112 Terrace (intersection) located in University Estates requiring one (1) load limerock and grading for estimated cost of $367.00, beginning at County Road 335 (intersection of NE 70 Street) and ending NE 70 Street to NE 110 Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NE 102 Court (portion of) and NE 85 Street located in University Estates requiring eight (8) loads limerock and grading for estimated cost of $2,534.00, beginning at NE 87 Place and ending NE 107 Court.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
SE 194 Street located in Old Cannon Farmsites requiring grading for estimated cost of $201.00, beginning at SE 110 Avenue and ending at dead-end of road.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
SW 102 Avenue located in Rosewood Park requiring fifty (50) feet pick up of garbage in right-of-way for estimated cost of $1,080.00, beginning at SW 60 Street and ending SW 57 Lane.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED. Chairwoman Rooks stated for the record she has property in this area, however these complaints have been raised by others in the area, not herself and this clean up will not be on her property. Mr. Rob Corbitt explained the building and zoning department has approximately one hundred thirty (130) similar cases which they are prioritizing. Comm. Parker stated upon filling the road department work squad position these problem areas will be better managed and the anticipated second crew will assist further.
Mr. Greenlee presented the following recommendations by the Road Policy Committee:
Request to place on paving list beginning NE 66 Lane and ending NE 65 Lane located in Bronson Heights.
Comm. Parker moved to place on the paving list. Comm. Stevens seconded and the MOTION CARRIED.
Request to place in maintenance system NE 45 Street, NE 155 Terrace, NE 46 Street, NE 158 Avenue located in Williston Highlands Unit 11, beginning at Alternate Highway 27 and ending with all roads in subdivision.
Comm. Stevens moved to place in the county maintenance system. Comm. Yearty seconded. Mr. Rob Corbitt responded to Chairwoman Rooks these qualify for municipal services taxing unit (MSTU) however we have been unable to place at this time. Comm. Stevens, Comm. Yearty, Comm. Parker and Chairwoman Rooks voted YES. Comm. Bell voted NO and the MOTION CARRIED.
SHIP
Mr. Dick Tummond presented the following Satisfaction of Mortgages for approval:
Jason M. Hughes of Williston paid off amount of $2,550.00.
Comm. Stevens moved to authorize the Chairman to sign the Satisfaction of Mortgage. Comm. Bell seconded and the MOTION CARRIED.
Barbara Mills of Williston paid off amount of $3,222.00.
Comm. Stevens moved to authorize the Chairman to sign the Satisfaction of Mortgage. Comm. Bell seconded and the MOTION CARRIED.
Tracie Payne of Williston paid off amount of $7,870.00.
Comm. Stevens moved to authorize the Chairman to sign the Satisfaction of Mortgage. Comm. Bell seconded and the MOTION CARRIED.
ATTORNEY’S REPORT
Atty. Beauchamp presented the following road closings for resolutions setting public hearing:
A portion of NE 106th Street Oakdale Heights Subdivision, between block 22 and block 25 and a portion of NE 105th Lane between block 25 and block 28, Section 36, Township 11 South, Range 17 East.
A portion of Haverford Road (Now NE 110th Lane) as shown on Plat of University Oaks Manor Plat Book 6, Page 38, described as follows: For a Point of Beginning commence at the SE corner of Lot 20 of said Plat thence westerly across Cul-de-sac at the End of said NE 110th Lane to the Southwesterly corner of Said Lot 20; thence Northeasterly and Southeasterly around the Arc of said Cul-de-sac a distance of 74.01 feet to the Point of Beginning.
All that part of Lacoocha Street (Now SE 110th Court) in the Townsite of Tuckaho (Plat Book 2, Page 15) lying between Blocks 7 and 8 and North of the North Right-of-way line of Main Street (now SE 196th Street).
Comm. Parker moved to adopt the resolutions setting the public hearing for April 20, 2004 at 10:30 am. Comm. Stevens seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition for consideration:
Petition No. Ha.Va. 1-04 Valerie Anderson, petitioning the Board for a Hardship Variance to allow a third dwelling in order to care for her parents (Rena and Edward Couture), on a parcel of land located in Hartford Farms, Lot 3, in Section 8, Township 12 South, Range 18 east, in Levy County. Said parcel contains 20 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone. Parcel Account #04009-003-00. Current 911 Address is 8450 NE 150th Avenue.
Chairwoman Rooks called for favor. Ms. Anderson explained her parents’ needs require daily monitoring and living closer will assure their needs are met. Chairwoman Rooks called for opposition. Mr. Corbitt stated one (1) telephone call had been received, the person was advised written documentation was required and informed of meeting date, however written form has not been received. Comm Parker moved to accept the petition for Valerie Anderson. Comm. Bell seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Bell informed Animal Services has submitted an application for the appropriations of the 2005 budget to Representative Virginia Brown-Waite’s office, which will be an in-kind match of land to build an animal shelter.
Comm. Stevens reminded of the Suwannee River Fair and encouraged attendance.
Chairwoman Rooks presented resignation of Mrs. Susan Haines from the Planning Commission. Comm. Yearty moved to accept Mrs. Haines resignation. Comm. Stevens seconded and the MOTION CARRIED.
Chairwoman Rooks proposed designation of a portion of State Road 24 by resolution, identifying section beginning at the intersection of County Road 345 and State Road 24, as a memorial for Edward O. Peters. Chairwoman Rooks explained Mr. Peters was employed by the state forestry division and was killed in a traffic accident en route to a fire. Comm. Parker moved for Atty. Beauchamp to draft a resolution to be brought back before the Board. Comm Bell seconded and the MOTION CARRIED.
PLANNING, COUNTY
Ms. Kathy Winburn began ordinance adoption hearing for Large Scale Land Use Amendment and Re-Zoning, ‘Ordinance 04-01 an ordinance of Levy County, Florida relating to an amendment of more than ten (10) acres of land to the future land use map of the Levy County Comprehensive Plan and the zoning classification of a parcel pursuant to an application by James and Caroline Neal under the regular amendment procedures established in Sections 163.3161 - 163.3215 Florida Statutes changing the future land use classification form low density residential, one dwelling unit per acre, to commercial and the zoning classification from rural residential to C-3 moderately intensive commercial on certain lands within Levy County, Florida providing severability and providing an effective date’. Ms. Winburn stated on 12/2/03 the Board approved transmittal of this large scale amendment (LSA) 03-01 to the Department of Community Affairs (DCA) and approved the rezoning request at first public hearing. Ms. Winburn said the property is approximately 14.5 acres located within the Williston municipal service district, tax parcel #04964-000-00 and a portion of tax parcel #04999-000-00. Ms. Winburn said the DCA conducted a formal review of the large scale amendment and had no objections, recommendations or comments. Chairwoman Rooks asked for any public comments, none were given. Comm. Yearty moved to adopt amendment. Comm. Stevens seconded and MOTION CARRIED.
MISCELLANEOUS
Mr. C. Guy Maxcy, President of Florida Association of Counties and Highlands County Commissioner, requested Levy County’s reconsideration of termination from the Florida Association of Counties (FAC). Mr. Maxcy said the intent of their February letter was to identify services rendered by FAC such as legislative, training, informational and technical assistance. Mr. Maxcy further stated he understands that differences may arise between Florida’s 67 counties and 377 county commissioners and asked the Board to work together with FAC.
Ms. Mary Kay Cariseo, Executive Director of FAC, said the FAC focuses upon the ability to leverage power for success in legislative means and this united effort is largely recognized. Ms. Cariseo stated FAC’s history reflects much support for smaller counties and she identified many of these. Ms. Cariseo referenced these FAC accomplishments for the benefits of small counties and said FAC works very hard to represent us. Ms. Cariseo strongly encouraged Levy County to reconsider withdrawing from the association. Ms. Sue Suggs, Gilchrist County Commissioner, said her Board took action last night and will notice the FAC in writing of their intent to withdraw if a substantial amount of service to smaller counties is not obtained. Ms. Suggs stated she does not believe the rural counties have been served effectively during the last five (5) years. Ms. Suggs said small counties are not receiving good representation and if they do not see better performance Gilchrist county will be the second county to withdraw from FAC.
Mr. John Wooley, Suwannee County Administrator, stated he was directed by his Board to come to this meeting and convey they are similarly frustrated with representation by FAC. Mr. Wooley said it was never the intent of his past power point presentations regarding counties in crisis to create disruption causing any county to withdraw from FAC. Mr. Wooley said the issues have been brought forward and if not rectified some counties in the state will be facing emergency declaration.
Chairwoman Rooks requested information from FAC and stated she does want the Board to return to FAC but not until significant changes have been made. Chairwoman Rooks said the concerns of rural counties are not being answered and these issues brought forward must be addressed before reconsideration to be a member of FAC.
Mr. Maxcy responded to Chairwoman Rooks’ questions and further stated in order to effect changes all those involved need to stay together and keep challenging. Mr. Maxcy said the executive Committee wants to work with Levy county and asked again to reconsider withdrawal from FAC.
Comm. Bell said FAC must face these concerns and make changes for the future. Comm. Bell said she has personally benefitted from FAC and believes their services are needed in Levy county. Comm. Bell said she believes Levy county should reinstate into FAC and work together for change. Comm. Bell reviewed the services provided by FAC and said FAC’s efforts should be supported.
Ms. Vivian Zaricki, of FAC, stated conflicts, communication and personalities have effected these issues. Ms. Zaricki said the collective power of Florida’s 67 counties offers FAC the ability to mediate differences while accomplishing many agendas. Ms. Zaricki stated Levy county is well represented and FAC is stronger and better than in the past.
Mr. Ron Grant said he has researched this issue and representatives from other counties have confirmed to him they also voice these same concerns and frustrations with FAC.
Mr. Barney Cannon said elimination of the weighted vote would solve these issues with FAC.
Mrs. Annette Long stated her inability to obtain information from FAC has confirmed the issues brought forth today.
Mrs. Renate Cannon requested information from FAC and she said the weighted vote system is inadequate and is not democratic.
Comm. Bell moved for reinstatement of Levy County membership into the Florida Association of Counties (FAC). Comm. Parker seconded with further discussion. Chairwoman Rooks responded to Comm. Parker the Executive Board of FAC needs to meet with the Rural Caucus, address other Commissioner’s concerns and Mr. Maxcy as President of FAC must schedule a meeting for these issues to be addressed by the parties involved and Levy County will be present. Comm. Bell voted YES. Comm. Yearty, Comm. Parker, Comm. Stevens and Chairwoman Rooks voted NO.
EMPLOYMENT CONTRACT FOR COUNTY ATTORNEY
Atty. Bast stated her name in the contract has been changed to reflect her married name of Anne Bast Brown. Atty. Brown requested (2)(E) change from ninety (90) days to sixty (60) days.
Atty. Brown requested (3)(A)(i)change from $83,950 to $87,500. Comm. Yearty moved to accept base salary of $87,500 per year. Comm. Parker seconded and the MOTION CARRIED.
Comm. Rooks responded to Atty Brown the Board had elected to remove (3)(B)Housing Expenses. Atty. Brown stated (3)(C)(i)had been changed to reflect correct name of Florida Association of County Attorneys. Atty. Brown stated (4)(A)(B) have amended language to reflect same coverage as other county employees and annual leave at three (3) weeks per year. Atty. Brown said (5) has amended language to include or performance appraisal criteria agreed to by the Board and Attorney, at the Board’s discretion.
Atty. Brown said (8) language had been amended to strike with cause. Atty. Brown responded to Comm. Parker in the event the termination of a law office employee is necessary she needs the ability to manage control. Comm. Parker moved to accept amended language in (8) to strike with cause. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Yearty moved to enter into the Employment Agreement Between Levy County And Anne Bast Brown For Services As County Attorney with amendments as discussed. Comm. Bell seconded and the MOTION CARRIED.
SUWANNEE RIVER WATER MANAGEMENT DISTRICT
Mr. Houder reviewed land currently owned by fee title in Levy County total 6,163 acres with 14 miles river frontage. Mr. Houder said the largest tract is Devil’s Hammock with 4,275 acres. Mr. Houder reviewed conservation easements with a total of 40,188 acres explaining benefits from this type of acquisition are cost effective and offer resource protection in the same manner as acquisition by fee purchase. Mr. Houder stated these conservation easements have been purchased with developer’s rights so there will not be significant development and the resources are protected by the management. Mr. Houder said their intent is to increase the buffer on the coastline and direct development away from sensitive areas. Mr. Houder reviewed those tracts in negotiations under the source of Florida Forever. Mr. Houder stated these properties under Florida Forever are not in the budget but have been granted authorization to proceed pending future funding.
Mr. Bob Heeke said the county’s allowance for maintenance to the boat ramp in Manatee Springs Park will benefit the citizens and will also be supported by the management district. Mr. Heeke said Devil’s Hammock has been open for two (2) years and phase one work is nearing completion. Mr. Heeke said required inventories of plants and species have been completed, a picnic area is in progress, and a study is underway of the existing infrastructure.
Mr. Jerry Scarborough stated two (2) areas in Blue Springs requiring work are sediment removal and replacement of the wastewater treatment system. Mr. Scarborough said these issues will be brought with recommendations before the Board at the April 6, 2004 meeting. Mr. Lee Mills responded to Mr. Scarborough with review of the Bronson wastewater project. Mr. Scarborough reported the Fanning Springs/Chiefland wastewater project, Chiefland wellhead project, Cedar Key Trail and the Suwannee River Wilderness Trail are all in suitable progress.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court