REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 4, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on May 4, 2004 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
Comm. Nancy Bell
Also present were:
County Attorney - Anne Brown
County Coordinator - Fred Moody
The Vice Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Bell seconded and the MOTION CARRIED.
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MINUTES
Comm. Stevens moved to approve the minutes of the special meeting of April 28, 2004. Comm. Parker seconded and the MOTION CARRIED.
ANIMAL CONTROL
Reverend Dillard Williams addressed the Board with problems and concerns due to stray dogs roaming his property and the neighborhood. Rev. Williams requested the Board’s assistance to eliminate this problem.
Vice Chairman Yearty requested Mr. Wayne Hardee to meet with Reverend Williams in order to assist him with the problems of the stray dogs.
AGENCIES
Mrs. Jaya Radhakrishnan, Executive Director of the Central Florida Community Action Agency, requested Board financial assistance to contribute $16,000 towards the agency’s Low Income Home Energy Assistance Program (LIHEAP) in order to match their Community Service Block Grant (CSBG), thereby expanding services to the citizens of Levy County. Mrs. Radhakrishnan explained assistance would enable their agency to utilize $108,081 allocated to Levy County for the programs offered by the agency.
Comm. Yearty said formal written request to the Board will be considered during the budget process.
Comm. Parker stated he has referred citizens to the agency for assistance and believes it is an asset to Levy County.
MISCELLANEOUS
Mr. Charles Gilbert addressed the Board apologizing for his recent manner of comments made at the April 20, 2004 BOCC meeting regarding Mrs. Toni Collins. Mr. Gilbert said he went too far in his statement saying Toni Collins had virtually destroyed the library system, rather to say she has caused considerable chaos renewing his initial complaint. Mr. Gilbert stated the current library board has made several accomplishments and believes new appointments should be made to those who have an interest in Levy County, rather than for personal reasons.
FIRE
Mr. Rick Lombardo suggested action by the Board to discontinue provision of liability insurance and workmen’s compensation for the Town of Otter Creek Fire Department.
Consensus of the Board directed Mr. Lombardo to send a letter of notice to the Otter Creek Fire Department. Upon Atty. Brown’s review and approval this revision discontinuing liability insurance and workmen’s compensation will be implemented in the next interlocal agreement.
Mr. Lombardo requested new contracts to require all county volunteer firefighters submit to annual drug screens and physicals for life insurance purposes.
Consensus of the Board for Atty. Brown to include the provision of requirement of annual drug screens and physicals of county volunteer firefighters in the next interlocal agreement.
Mr. Lombardo stated for informational purposes he has followed all processes available to assist with collection of Mr. Victor Scott’s life insurance and hereby will submit accordingly to the Otter Creek Fire Department for completion.
PARKS AND RECREATION
Mr. Wayne Hardee stated due to public request, he proposed the Board approve admission fees for small children be waived at the County parks.
Comm. Parker made a motion to set the age limit of five (5) years old and above to charge admission fee into the County parks. Comm. Bell seconded and the MOTION CARRIED.
TRANSPORTATION
Ms. Desiree Painter requested approval to enter into an Agreement with the Florida Department of Transportation Planning Grant in the amount of $50,000 with no match required. Ms. Painter explained this would assist Levy County to develop and implement a Nature Coast Circulator Route as well as the creation and publication of a Rider’s Guide for residents of Levy County.
Ms. Gwen Pra presented the Jacksonville Transportation Authority (JTA) Riders guide for example purposes, explaining services offered to include a circulation route with variable fixed rates. Ms. Pra stated the Levy Rider’s guide will be established in high population areas and will provide service only within Levy County.
Comm. Parker made a motion to approve the agreement with the Florida Department of Transportation Planning Grant. Comm. Bell seconded and the MOTION CARRIED.
ROAD DEPARTMENT
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 110 Court located in Oak Ridge Estates subdivision requiring three (3) hours of grading with an estimated cost of $201.00 beginning on NE 62 Place and ending at NE 69 Lane.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 109 Avenue and NE 100 Street located in Bronze-Sun Acres with a portion of the road included into University Estates subdivision requiring seven (7) loads of limerock and two (2) hours of grading with an estimated cost of $2,234.00 beginning on NE 100 Lane and ending at NE 110 Ave.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 101 Terrace located in University Oaks subdivision requiring six (6) loads of limerock and grading with an estimated cost of $1,800.00 beginning on NE 110 Street and ending at NE 116 Street.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
Mr. Watson recommended contract for consideration and approval for safety signs on the Great Florida Trail.
Consensus of the Board to table any action on the contract for the signage of the Great Florida Trail and other county road safety concerns until the next scheduled meeting.
MISCELLANEOUS
Mrs. Toni Collins stated she was absent earlier this meeting during Mr. Charles Gilbert’s public comment apologizing for his recent statement made against her. Mrs. Collins addressed Mr. Gilbert stating nothing was accomplished by his recent attack on her at the April 20, 2004 BOCC meeting. Mrs. Collins said she was given direction by Mr. Danny Shipp to either resign from her appointments to the Planning Commission and the Library Board or resign from her position as the Historical Records Clerk. She did not resign from the appointments thereby resulting in the termination of her employment at the Clerk of Courts office by Mr. Shipp for insubordination.
ZONING
Mr. Rob Corbitt presented the following petition for a hardship variance:
Petition No. Ha.Va. 2-04 – Susan Fastaia, petitioning the Board for a Hardship Variance to include her father, Lawrence Cawley, as a care recipient (no additional dwellings will be placed on the property) on a parcel of land located in Fox Grove Farms, Lot 3, Block B, in Section 35, Township 14 South, Range 17 East, in Levy County. Said parcel contains five (5) acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone, parcel identification No. 20665-000-00.
Mr. Corbitt said the hardship was investigated and found to be legitimate with no opposition presented.
Mr. Lawrence Cawley was present to speak in favor of the petition for the hardship variance.
Comm. Bell moved to approve the hardship variance. Comm. Parker seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a hardship variance:
Petition No. Ha.Va. 4-04 – Lula Mae Dortch Beckwith, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her granddaughter, Shannon Riffle, to care for her on a parcel of land located in the East ½ of the West 2/5 of the NE 1/4 of the NW 1/4 in Section 35, Township 12 South, Range 14 East, in Levy County. Said parcel contains two (2) acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone, parcel identification No. 01129-001-00.
Mr. Corbitt said the hardship was investigated and found to be legitimate with no opposition presented.
Ms. Nancy Dortch, daughter of Lula Mae Dortch Beckwith, was present to speak in favor of the petition for the hardship variance.
Comm. Yearty said he received a telephone call from a neighbor, Mr. Rollin Hudson, who granted favor of this petition for a hardship variance.
Comm. Bell moved to approve the hardship variance. Comm. Parker seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a special exception:
Petition No. SE 1-04 Eng, Denman and Associates, Inc. representing Eddie Hodge, for a Special Exception to allow for a Private Family Cemetery, on a parcel of land in the NW 1/4 of the NW 1/4 of Section 29, Township 13 South, Range 19 East, in Levy County. Said parcel contains 5.10 acres including the access more or less. This parcel is located within an Agriculture/Rural Residential “A/RR”zone, parcel identification number portion of 05230-000-00.
Mr. Corbitt said the Planning Commission is recommending approval of this special exception.
Mr. Ralph Eng, of Eng, Denman, and Associates, Inc., representing Mr. Eddie Hodge gave presentation in favor of this special exception petition.
Comm. Parker made a motion to approve the special exception petition. Comm. Bell seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a special exception:
Petition No. SE 2-04 Eng, Denman, and Associates, Inc. representing Eddie Hodge for a Special Exception to allow for a Major Mining Activity (sale soil for construction fill dirt from the “flattening” of the hill prior to sod farming) with no blasting, a parcel of land located in the North ½ of the NW 1/4, Less and Except North 40 Feet thereof for right-of-way of East Levy Street; and the SE 1/4 of the NW 1/4; and the West 3/4 of the SW 1/4 of the NE 1/4; and the N ½ of the SW 1/4; and the West 3/4 of the N/W 1/4 of the SE 1/4 ; All lying and being in Section 29, Township 13 South, Range 19 East, Levy County, (P.I.D. 5230) and Parcel I: 160 acres, being the S ½ of the S ½ of Section 29, Township 13 South, Range 19 East (P.I.D. 5231); Parcel II: 160 acres being the N ½ of the N ½ of Section 32, Township 13 South, Range 19 East (P.I.D. 5264); And: 41 acres, being all of the land East of the abandoned railroad in the NE 1/4 of the NE 1/4 of Section 31, Township 13 South, Range 19 East (P.I.D. 5257); Parcel III: 80 acres, being all of the S ½ of the NE 1/4 of Section 32, Township 13 South, Range 19 East (P.I.D. 5264-003 and 5264-004); And: 80 acres, being the S ½ of the NW 1/4 of Section 32, Township 13 South, Range 19 East (portion of P.I.D. 5264-002); And: 140 acres, being that part of the N ½ of the S ½ of Section 32, Township 13 South, Range 19 East that is located East of the abandoned railroad (remainder of P.I.D. 5264-002); And: 140 acres, being that part of the S ½ of the S ½ of Section 32, Township 13 South, Range 19 East that is located East of the abandoned railroad (P.I.D. 5264-001). This parcel is located within an Agriculture/Rural Residential “A/RR” zone.
Mr. Corbitt said the Planning Commission recommended approval of this special exception, to include staff findings, no back fill, and the use of County Road 323 when the necessary up-grades have been made, with no opposition presented.
Mr. Ralph Eng of Eng, Denman, and Associates, Inc. representing Mr. Eddie Hodge gave presentation speaking in favor of this special exception petition.
Comm. Stevens made a motion to approve the special exception petition with the following provisions:
- There shall be no back fill permitted.
- There shall be no blasting permitted.
- There shall be no use of County Road 323 as a hauling route loaded or unloaded until it has been upgraded and approved by the County road department.
- The Derby Gold historical site shall be preserved until and unless it is released by the Florida Department of Historical Resources.
- The applicant shall be responsible for paving the access road for 1,320 feet or to that corner.
Mr. Eng agreed to those provisions on behalf of Mr. Hodge. Comm. Bell seconded and the MOTION CARRIED.
PLANNING DEPARTMENT
Ms. Kathy Winburn requested approval for the Small Scale Land Use Map Amendment Petition SSA 04-01 this being the transmittal and adoption hearing of the following:
Ordinance 2004-02: An ordinance pursuant to Section 163.3187 (1) (c), Florida Statutes, adopting a small scale Future Land Use Map amendment to the Future Land Use Map Series of the Levy County Comprehensive Plan from Urban Low Density Residential to Commercial, for property located in Section 2, Township 12 South, Range 14 East, Levy County, Florida, containing 0.7 acres more or less; Petition SSA-04-01, Applicant Lloyd and Ibri Jone Beauchamp, providing an effective date.
Ms. Winburn stated the Planning Commission voted 4-1 recommending approval of the small scale land use map amendment at the public hearing held April 5, 2004 with finding the amendment is compatible with the surrounding area, the amendment will not adversely affect the public interest provided access to the property is not from State Road 345 and the amendment is consistent with the objectives of Chapter 163, F. S., 9J-5 F. A. C. and the Levy County Comprehensive Plan. Ms. Winburn said the Chiefland City Commission discussed this item at their board meeting but had no official comment to forward to the Levy BOCC.
Comm. Stevens asked Ms. Winburn the reason for the 4-1 vote by the Planning Commission and the proposed location of the access road.
Mrs. Winburn responded saying the access road would be determined at the development review and the 4-1 vote of the Planning Commission was due to compatibility issues regarding the boundary of the municipal service district with no commercial land use designation nearby.
Mrs. Sandy Fink questioned the possible safety hazards if the access road is located near the curve on County Road 345.
Mr. Barney Cannon discussed the curve on County Road 345 known as “Dead Man’s Curve” and the fact that the traffic generated by a business located nearby will create problems.
Comm. Yearty stated the land is located in a municipal service district and the land owner is entitled to commercial property and restricting his rights to commercial venture would be unfair.
Comm. Parker moved adoption of Ordinance 2004-02 which approves Small Scale Land Use Amendment Petition SSA-04-01. Comm. Bell seconded and the MOTION CARRIED.
ATTORNEY’S REPORT
Atty. Brown requested approval to hold an Executive Session concerning the foreclosure proceedings on the University Oaks Utilities and Stokes, Paradiso, et al. vs. Levy County on May 10, 2004 at 9:00 a.m.
Comm. Parker made a motion to approve the Executive Session as requested by Atty. Brown. Comm. Stevens seconded and the MOTION CARRIED.
Atty. Brown recommended that Darla Jean Christopher be appointed to the Conflict Attorney list.
Comm. Stevens made a motion to approve the appointment of Darla Jean Christopher to the Conflict Attorney list. Comm. Parker seconded and the MOTION CARRIED.
Atty. Brown presented and read Resolution Number 2004-14 opposing use of a site in Levy County for long range weapon testing; Directing Clerk to forward to Department of Defense and Legislative delegations; Authorizing Chair to send letters to neighboring counties requesting support; And providing effective date.
Ms. Jeanine Beckham addressed the Board with a no bombing petition that has generated throughout the Tri-County area.
Comm. Parker made a motion to approve Resolution Number 2004-14 as presented. Comm. Bell seconded and the MOTION CARRIED.
Atty. Brown recommended approval of a letter to be sent to surrounding counties requesting their support of the opposition to the military testing site.
Comm. Parker made a motion to approve the letter as presented by Atty. Brown. Comm. Bell seconded and the MOTION CARRIED.
Atty. Brown read proposed proclamation designating May 2004 as Motorcycle Safety and Awareness Month, for the record.
Comm. Stevens made a motion to approve the Proclamation as presented. Comm. Bell seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Bell said the last public hearing for the proposed Tri-County hospital will be held in Tallahassee, Florida sometime in June and will be advertised in the local newspapers.
Comm. Stevens questioned the status of any decisions regarding the need for handicap parking at the courthouse.
Mr. Fred Moody stated clarification is needed to determine the target area to reserve for handicap parking.
Comm. Yearty appointed a committee including Comm. Stevens, Mr. Moody and the County Road department, to report to the Board their recommendations of the courthouse handicap parking at the next meeting.
MEETING RECESSED: 11:50 a.m.
MEETING RECONVENED: 1:30 P.M. with all Commissioners present.
Also present were:
Clerk of the Court- Danny J. Shipp
County Attorney - Anne Brown
County Coordinator - Fred Moody
Chairwoman Rooks called the meeting back to order at 1:30 p.m.
MINUTES
Comm. Stevens moved to approve the minutes as corrected of the regular meeting of April 20, 2004. Comm. Bell seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Parker presented information regarding a proposed consulting agreement by Thomas J. Harper for operations cost reduction services for the County. Comm. Parker stated this proposal purpose is to reduce the overall operating costs of the County and improve said processes to improve output. Comm. Parker further explained Mr. Harper would be compensated only if his plan generates savings for the County, based on a percentage of those savings.
Comm. Bell stated she concerted with Comm. Parker with the proposal of Mr. Harper’s processes for reducing County costs. Comm. Bell stated further if Mr. Harper did save the County money during budget process, it would be befitting for the County to pay him for his services.
Comm. Stevens spoke in opposition of the Board conferring with Mr. Harper for his services.
Atty. Brown suggested the Board advertise a request for qualifications so consultants interested can submit informal budget process proposals.
Chairwoman Rooks stated the County may qualify for technical assistance from the Florida Association of Counties for small and rural counties during the budget analysis.
Comm. Parker made a recommendation for Atty. Brown and Mr. Moody to research available possibilities and report their findings at the next Board meeting.
BUDGET WORKSHOP
Mr. Matthew Matherne, Project Manager of Government Services Group, Inc., presented status of the assessment projects related to road maintenance, solid waste and fire protection. Mr. Matherne stated the project is a consolidation of data consisting of the budget, fire call and property. Mr. Matherne said the fire protection assessment program has completed an evaluation on the existing program, compiled a five year budget, suggested level of service enhancements, recommended apportionment methodology, and gathered data to complete a property roll. Mr. Matherne said the remaining issues to complete the assessment include supplementary detailed fire call data, field verification of governmental and institutional properties, meet with the Fire Board, discuss the budget process for each district, and examine centralized purchasing of capital items by the County.
Mrs. Renate Cannon questioned the necessity of including the exemption properties into the assessment.
Mr. Matherne said the assessment does not affect the exemption properties in relation to property taxes. Mr. Matherne said the solid waste assessment program has completed the evaluation of the existing program, compiled a five year budget, suggested level of service enhancements, recommended apportionment methodology, and gathered data to complete a property roll. Mr. Matherne said the remaining issues to complete the assessment include a waste stream analysis to confirm residential versus commercial tonnage, establishing a direction as to the fund balance for the completion of the transfer station and other capital items.
Ms. Heather Encinosa stated other solid waste issues affecting the completion of the assessment program are addressing the licensing of haulers and pursuing non-residential and residential assessments.
Mr. Matherne added the assessment will identify collection centers or green boxes located throughout the County.
Mrs. Cannon asked questions regarding green boxes and incorporated tipping fees creating higher assessment rates.
Mr. Matherne stated the collection centers would be manned and incorporation of tipping fees will result in higher assessment rates.
Comm. Parker questioned the approach taken to establish a formula to determine tipping fees for subsequent years.
Mr. Matherne said the assessment will estimate tipping fees based upon past data gathered. Mr. Matherne said the road maintenance assessment program has evaluated the existing program for seventy-four (74) neighborhoods, compiled a five year budget, suggested level of service enhancements, recommended apportionment methodology, and gathered data to complete a property roll by neighborhood. Mr. Matherne said the remaining issues to complete the assessment include adding new neighborhoods and changing the status of some existing neighborhoods to general maintenance.
Ms. Encinosa stated other road maintenance issues affecting the completion of the assessment program are instituting a formal process to add new neighborhoods and identifying subdivision regulations for driveway connections. Ms. Encinosa stated the assessment was scheduled to be completed at the end of May, but due to fire call data issues, it may not meet the deadline. Ms. Encinosa said the Sheriff’s office has been assisting in collecting the fire call data for the assessment.
Comm. Parker stated departments involved should do whatever necessary to collect this necessary data in order to complete the fire call assessment.
Mr. Rick Lombardo said he has been working with dispatch at the Sheriff’s office to pull the number of fire calls, but there has been some discrepancies related to the number of calls reported to the Sheriff’s office versus the number of responded fire calls and has provided his fire department quarterly reports for the assessment.
Mrs. Linda Fugate, Levy County Tax Collector, said the most cost effective process of collecting data should be implemented by utilizing all information provided by fire calls rather than mailing additional notices.
Mrs. Sheila Rees said the Fire Department quarterly reports should include necessary data to assist in the fire call profile.
Comm. Bell stated the County has the capability of collecting this data and it should have been completed by now.
Mrs. Sandy Fink asked if the fire call assessment requires this information to gather statistical data.
Mr. Matherne stated the fire call profile should provide information defining the classification of the property for which the fire department is responding.
Major Bobby McCallum stated he has confirmed with the dispatcher who informed him the fire calls received by the Sheriff’s office can be provided for the assessment by the end of the week.
Mr. Lombardo said he will be submitting all quarterly fire reports as well as the calls dispatched to the Sheriff’s office, Williston and Chiefland Departments to Mr. Matherne and Ms. Encinosa for the completion of the assessment.
Chairwoman Rooks inquired about the option of the County to charge impact fees and how long the process would take.
Ms. Encinosa stated she can provide the Board with typical data requests listing what information would be needed to determine a program to best suit the County.
Mrs. Cannon commented on the fires being categorized when originated by natural causes.
Mrs. Sheila Rees informed the Board this year’s budget is indicative of a significant deficit and the County will be unable to operate some of the departments if this deficit continues. Mrs. Rees stated she met with Mr. Moody, Mr. Shipp, and Chairwoman Rooks to discuss the budget crisis.
Mr. Moody recommended meeting with each department head individually as well as Mr. Shipp and Mrs. Rees to discuss budget possibilities.
Chairwoman Rooks suggested the meetings be held as soon as possible in order to give Mrs. Rees direction as to the upcoming budget proposal.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court