REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
August 3, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on August 3, 2004 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairwoman Lilly Rooks
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
Comm. Nancy Bell
Also present were:
Clerk of Court - Danny J. Shipp
County Attorney - Anne Brown
County Coordinator - Fred Moody
The Chairwoman called the meeting to order at 9:00 a.m. The invocation was given by Mr. Benny Jerrels 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: 76635-76830 GENERAL REVENUE $817,061.59 ROAD & BRIDGE FUND 44,558.69 SHIP 2,565.00 LIBRARY 1,564.46 PERMANENT MOSQUITO 1,838.37 FINE & FORFEITURE FUND 55,725.39 TRANSPORTATION 8,917.13 LANDFILL & RECYCLING 16,317.76 FLORIDA POWER GRANT FUND 290.19 EMERGENCY MEDICAL SERVICE 9,354.14 FIRE 25,966.30 TOURIST DEVELOPMENT 1,624.52 DRUG TASK FORCE 31,639.00 JUVENILE JUSTICE 480.00 COURT OPERATIONS 1,486.08 SALES TAX REV BOND CONST. 2,851.41 UTILITIES FUND 1,620.85 TOTAL $1,023,860.88
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of July 20, 2004 and the special meeting of July 26, 2004. Comm. Bell seconded and the MOTION CARRIED.
ANIMAL CONTROL
Mr. Norm D. Fugate, Chiefland City Attorney, requested Board approval to assist the City of Chiefland with animal control services. Atty. Fugate stated the Chiefland City Commission has requested the County Coordinator to meet with the Chiefland City Manager to negotiate proposed terms for an interlocal agreement by which the County would provide animal control services within the municipal boundaries to be compensated by the City of Chiefland. Atty. Fugate stated the City of Chiefland will adjust their City ordinance accordingly in order to comply with the County ordinance regarding animal control services.
Chairwoman Rooks stated the Board is awaiting additional information from the City of Chiefland regarding the number of phone calls the Chiefland Police Department receives relating to animal control complaints. Chairwoman Rooks stated a cost analysis will need to be conducted prior to the Board making a decision to assist the City of Chiefland with animal control services.
Atty. Fugate responded to Chairwoman Rooks stating the vacant position for an Animal Control Officer has not been advertised by the City of Chiefland.
Comm. Parker stated the Board will discuss options presented and base their decision upon information provided.
Atty. Fugate addressed questions and comments from Mrs. Renate Cannon, Mrs. Sandy Fink and Mr. Ron Grant.
Atty. Brown stated she has researched the constitutional and statutory obligations of the County to provide animal control services for municipalities and she has reviewed cases in other Counties with similar situations.
Chairwoman Rooks stated the Board has always maintained a great working relationship with the City of Chiefland and has strived to assist them when possible. Chairwoman Rooks stated a committee has been established to review data and bring their information to the Board. Chairwoman Rooks requested Major Bobby McCallum gather call data regarding the total number of phone calls related to animal control complaints received by the Levy County Sheriffs Office and the Chiefland Police Department.
Atty. Fugate requested the committee appointed by the Board meet as soon as possible to research animal control services for the City of Chiefland.
COMMUNICATIONS
Mr. Tom MacFarlane, Levy County Sheriffs Office Radio Maintenance, stated a communication tower site has been identified at South Levy Park in Inglis, Florida. Mr. MacFarlane said he has located a used tower in Pensacola, Florida the County can purchase for a total amount of $15,000 to include installation expenses. Mr. MacFarlane explained the communication tower could generate revenue by offering rental space to cellular companies estimating $1,400 to $1,800 monthly.
Mr. Fred Moody responded to Comm. Bell stating the communication fund and the general revenue fund would allow for the purchase of the tower and installation.
Comm. Yearty moved to approve the purchase of the used tower for installation at South Levy Park in Inglis, Florida in the amount of $15,000. Comm. Stevens seconded and the MOTION CARRIED.
Mr. MacFarlane responded to Comm. Parker explaining the details of the communication system regarding the improvements made and the additional resources needed in order to complete the system.
Mr. MacFarlane addressed questions and comments from Mrs. Fink, Mr. Al Macri and Mr. Freddy Shaw.
MISCELLANEOUS
Mr. Frank Schupp, Vice President Development Ameris Health Systems, updated the Board regarding the Tri-County Hospital project and the appeal filed with the State of Florida. Mr. Schupp stated the appeal process could take eight (8) to eighteen (18) months and law firm Smith, Beauchamp and Beauchamp of Tallahassee will be filing a Letter of Intent by Monday, August 9, 2004.
Consensus of the Board to schedule a meeting with Governor Bush and City and County Commissioners from the other two (2) Counties to discuss the necessity for the Tri-County Hospital.
Mr. Schupp responded to Mrs. Cannon stating there will be another Public Hearing scheduled in Levy County after the Letter of Intent is filed.
Mr. Kenneth Skelton addressed the Board pursuant to the requirement to pay road tax in the subdivision of which he resides. Mr. Skelton stated he felt if he is required to pay a road tax then everyone accessing County Roads should be held to the same taxation.
Mr. Tom Reitz, Library Director, responded to Mrs. Renate Cannon stating the Library system receives approximately $38,000 annually from the Universal Service Fund and the school system receives revenue from that fund as well.
Mr. Barney Cannon addressed the Board stating the road ripples on County Road 326 are so rough that traffic is avoiding them and therefore will cause a traffic accident.
Mr. Bruce Greenlee, Road Department Superintendent, responded the State of Florida paved that road and the County is not responsible for the road ripples.
ZONING
Mr. Rob Corbitt presented the following petition for a hardship variance:
Petition No. Ha.Va. 6-04 –– Cynthia Valerino, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her mother, Myrtle Kruger, on a parcel of land located in the W ½ of the NE 1/4 of the SE 1/4 of the SW 1/4 of Section 11, Township 12S, Range 17E, in Levy County. Said parcel contains five (5) acres more or less and is located within a Rural Residential “RR” zone, Parcel No. 03399-001-0A.
Mr. Corbitt said the hardship was investigated and found to be legitimate with no opposition presented.
Ms. Cynthia Valerino was present to speak in favor of the petition for a hardship variance.
Comm. Parker moved to approve the hardship variance as presented. Comm. Bell seconded and the MOTION CARRIED.
Mr. Rob Corbitt presented the following petition for a hardship variance:
Petition No. Ha.Va. 7-04 George Hermansen petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his brother-in-law, Jerry Hartley, on a parcel of land located in the E 3/4 of the NW 1/4 of the NW 1/4 of Section 18, Township 12S, Range 14E, in Levy County. Said parcel contains thirty (30) acres more or less and is located within an “A/RR” Agriculture/Rural Residential zone, Parcel No. 01015-004-00.
Mr. Corbitt said the hardship was investigated and found to be legitimate with no opposition presented.
Comm. Stevens moved to approve the hardship variance as presented. Comm. Parker seconded and the MOTION CARRIED.
Atty. Brown placed all persons under Oath wishing to speak in favor or opposition of the Quasi Judicial proceeding for the Special Exception.
Comm. Stevens, Comm. Parker and Comm. Yearty reported no Ex-Parte Communications received pertaining to the Special Exception.
Comm. Bell disclosed the type and substance of the communications relating to the Special Exception Petition Number SE 5-04.
Chairwoman Rooks disclosed the type and substance of the communications relating to the Special Exception Petition Number SE 5-04.
Mr. Corbitt presented the following petition for a special exception:
Petition No. SE 5-04 Donald Glatz, petitioning for a Special Exception to allow for a dog kennel on a parcel of land located in that portion of the SE 1/4 of the SE 1/4 lying northerly of SR 347, in Section 19, Township 12S, Range 14E, in Levy County, Florida, excepting therefrom any portion of said land lying within the right-of-way of SR 347. Said parcel contains 25.73 acres more or less. This parcel is located within an Agriculture/Rural Residential “A/RR” zone, Parcel No. 01019-003-0A. The Planning Commission recommended approval of this special exception with the following provisions:
1.) The approval is for the development of a dog kennel facility consistent with the submitted application and site plan. Any expansion or substantial changes shall require an amendment to be processed in the same manor as this petition.
2.) The applicant shall submit a site plan consistent with section 50-822 with the application for building permits.
3.) All animal (dog) pens and holding areas shall be washed on a daily basis.
4.) All dogs shall be kept indoors from 6:00 p.m. until 7:00 a.m.
5.) The applicant shall document to the Development Department that the design of the facility meets or exceeds the minimum standards established by the Humane Society and/or Levy County Animal Services for dog kennels.
6.) Each dog will be provided access to dry shelter at all times.
7.) Solid wastes will be collected and put into the dumpster on a daily basis.
8.) The requirements for commercial developments shall be met prior to the issuance of a certificate of occupancy and operating permit for the facility. These requirements shall include, at a minimum: potable water; waste water treatment and disposal; ingress and egress to CR 347 approved by the LCRD, improved parking and interior traffic circulation; and professionally designed (sealed) construction drawings.
9.) The applicant shall provide an emergency operations contingency plan, approved by the Levy County Emergency Management Director, for disasters such as hurricanes and fires.
10.) The applicant shall obtain all necessary permits and approvals and obtain building permits for the first typical kennel facility and the puppy hospital within 1 year from approval by the Board of County Commissioners.
11.) No dogs shall be permitted in the kennel structures until a certificate of occupancy and operating permit for the facility has been issued by the Development Department.
12.) No retail sales activities can be conducted at property site.
13.) Have Board of County Commissioners to direct county staff to do periodic site inspections.
Mr. Corbitt read for the record project report information.
Mr. Ralph McLeod gave a presentation to speak in favor of this Special Exception petition. Mr. McLeod stated he is the licensed contractor responsible for the construction of the dog kennel pending approval of the Special Exception. Mr. McLeod stated the applicant would agree to any provisions as required.
Mr. McLeod responded to Mr. Williams stating the kennel facility would be for purposes of breeding dogs only and not a retail facility.
Mr. and Mrs. John Sage, property owners neighboring the site of the proposed kennel facility, spoke in opposition of the Special Exception Petition. Mr. Sage presented a letter received from the applicant, Mr. Donald Glatz, notifying neighboring residents of his intention of the proposed kennel.
Mr. Corbitt stated his office has received letters from Barclay Kirkland, Lester I. Colyer and Mr. and Mrs. John Sage, property owners, in opposition of the Special Exception Petition.
Mr. Wayne Hardee expressed his concerns regarding any animal waste being disposed of at the landfill and the potential problems thereof.
Mr. Corbitt responded to Chairwoman Rooks stating a septic system would be installed for the disposal of animal waste.
Mr. Benny Jerrels stated liquid waste is prohibited at the landfill and only solid waste would be permitted.
Comm. Yearty moved to approve the Special Exception Petition Number SE 5-04 with the following provisions:
1.) The approval is for the development of a dog kennel facility consistent with the submitted application and site plan. Any expansion or substantial changes shall require an amendment to be processed in the same manor as this petition.
2.) The applicant shall submit a site plan consistent with section 50-822 with the application for building permits.
3.) All animal (dog) pens and holding areas shall be washed on a daily basis.
4.) All dogs shall be kept indoors from 6:00 p.m. until 7:00 a.m.
5.) The applicant shall document to the Development Department that the design of the facility meets or exceeds the minimum standards established by the Humane Society and/or Levy County Animal Services for dog kennels.
6.) Each dog will be provided access to dry shelter at all times.
7.) Solid wastes will be collected and put into the dumpster on a daily basis.
8.) The requirements for commercial developments shall be met prior to the issuance of a certificate of occupancy and operating permit for the facility. These requirements shall include, at a minimum: potable water; waste water treatment and disposal; ingress and egress to CR 347 approved by the LCRD, improved parking and interior traffic circulation; and professionally designed (sealed) construction drawings.
9.) The applicant shall provide an emergency operations contingency plan, approved by the Levy County Emergency Management Director, for disasters such as hurricanes and fires.
10.) The applicant shall obtain all necessary permits and approvals and obtain building permits for the first typical kennel facility and the puppy hospital within 1 year from approval by the Board of County Commissioners.
11.) No dogs shall be permitted in the kennel structures until a certificate of occupancy and operating permit for the facility has been issued by the Development Department.
12.) No retail sales activities shall be conducted on the property site.
13.) The county staff shall retain the authority to make periodic site inspections to assume compliance with the minimum requirements set forth by the Humane Society for kennel operations, and to assure compliance with the conditions of the Special Exception use.
Comm. Bell seconded and the MOTION CARRIED.
Mr. Corbitt requested Board approval of Special Event Permit No. SEP 6-04 to allow Mrs. Dorothy Saunders, applicant, a special event known as the “Black Prong Holiday CDE” for December 5th through 7th, 2004, located at 450 County Road 337, Black Prong Equestrian Center.
Comm. Yearty moved to approve Special Event Permit No. SEP 6-04 as presented. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson requested Board approval to accept the Fiscal Year 2004-2005 State Homeland Security Grant.
Comm. Stevens moved to approve to accept the Fiscal Year 2004-2005 State Homeland Security Grant. Comm. Parker seconded and the MOTION CARRIED.
Mr. Johnson requested Board approval to purchase two (2) generators using the Fiscal Year 2003/2004 Shelter Retrofit Grant.
Comm. Bell moved to approve to purchase two (2) generators using the Fiscal Year 2003/2004 Shelter Retrofit Grant. Comm. Stevens seconded and the MOTION CARRIED.
PLANNING
Ms. Kathy Winburn requested Board approval for Chair signature of a Letter of Support to the Department of Environmental Protection for the placement of the “Caber Coastal Connector Tract” on the 2004 Florida Forever priority list.
Comm. Bell moved to approve Chair signature of a Letter of Support to the Department of Environmental Protection for the placement of the “Caber Coastal Connector Tract” on the 2004 Florida Forever priority list. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Winburn responded to Mrs. Toni Collins stating the letter of support to the Department of Environmental Protection for the placement of the “Caber Coastal Connector Tract” on the 2004 Florida Forever priority list would be for the West side of County Road 347 only.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested Board approval of the revised Florida Department of Corrections Public Works Agreement. Mr. Greenlee explained the revision is necessary due to the Department of Corrections requirement to complete a revised form.
Comm. Yearty moved to approve the revised Florida Department of Corrections Public Works Agreement. Comm. Bell seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Greenlee presented the following requests for maintenance on a one (1) time basis:
NE 85 Street, University Estates, two (2) hours of grading for an estimated cost of $134.00, beginning at NE 105 Avenue and ending at NE 113 Terrace.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NE 90 Street, University Estates, two (2) loads of limerock and two (2) hours of grading for an estimated cost of $734.00, beginning at NE 105 Avenue and ending at NE 100 Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 45 Street, Florian Heights, one (1) load of limerock and two (2) hours of grading for an estimated cost of $434.00, beginning at NE 135 Avenue and ending at NE 131 Court.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
LANDFILL
Mr. Benny Jerrels requested Board approval to Contract for Lease of Property with Huntsman Tree Supplier, Inc., for removal of the sand pine trees on the land adjacent to the landfill.
Comm. Parker moved to approve the Contract for Lease of Property with Huntsman Tree Supplier, Inc. Comm. Yearty seconded and the MOTION CARRIED.
MISCELLANEOUS
Mrs. Jacqueline Martin requested Board approval of the proposed Personnel Policies and Procedures Manual to include the following addition to Policy number 101, Functions of this manual:
“In the event of any conflict between these policies and procedures and any collective bargaining or employment agreements, such agreements will take precedence.”
Mrs. Martin stated Atty. Brown has reviewed and approved the proposed Personnel Policies and Procedures Manual and only minor typographical errors were found needing correction.
Comm. Bell moved to approve the Personnel Policies and Procedures Manual to include the addition and the corrections. Comm. Parker seconded and the MOTION CARRIED.
FIRE
Mr. Rick Lombardo requested Board approval of Ms. Jody Sikes to apply for fire grants for all county departments with compensation as allowed through administrative funding.
Comm. Bell moved to approve Ms. Jody Sikes to apply for fire grants for all county departments and with compensation as allowed through administrative funding. Comm. Parker seconded and the MOTION CARRIED.
Mr. Lombardo responded to Mrs. Collins stating Ms. Jody Sikes’ credentials consist of insurance experience and grant writing knowledge.
Mr. Lombardo stated for information purposes workers compensation recently denied all benefits for a Volunteer Fire Fighter injured while on duty. Mr. Lombardo stated the Workers Compensation company informed him volunteer fire fighters are only covered at the fire site. Mr. Lombardo has requested the Workers Compensation company to submit written information stating policy provisions however, he has not yet received the requested information.
Chairwoman Rooks suggested Mr. Lombardo draft a letter to the Workers Compensation company requesting policy provisions stipulating the Board is awaiting their response.
TRANSPORTATION
Atty. Brown requested to table the proposed service agreement with Liberty Ambulance in order to meet with Ms. Desiree Painter to discuss changes needed prior to Board review.
ATTORNEY’S REPORT
Atty. Brown stated a budget amendment for legal services is needed due to the need for outside counsel for the cases of White Construction Company, Inc. versus Levy County, Stokes versus Levy County and Paradiso versus Levy County.
Comm. Yearty moved to approve the budget amendment for contract legal services in the amount $30,000 to be transferred from the general fund. Comm. Stevens seconded and the MOTION CARRIED.
Atty. Brown requested Board approval of Agreement with Brickelmyer, Smolker and Bolves for legal services pursuant to the case of White Construction Company, Inc. versus Levy County.
Comm. Stevens moved to approve the Agreement with Brickelmyer, Smolker and Bolves for legal services pursuant to the case of White Construction Company, Inc. versus Levy County. Comm. Yearty seconded and the MOTION CARRIED.
Atty. Brown addressed questions from Mrs. Cannon and Mrs. Fink.
Atty. Brown requested Board approval of an Amendment to Agreement with Brickelmyer, Smolker and Bolves for legal services regarding the cases of Stokes and Paradiso versus Levy County. Atty. Brown gave an update on the status of the hearings.
Comm. Stevens moved to approve the Amendment to Agreement with Brickelmyer, Smolker and Bolves for legal services regarding the cases of Stokes and Paradiso versus Levy County. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONER’S REPORTS
Comm. Stevens presented information relating to the Suwannee River Water Management District and their efforts in assisting Levy County to fulfill obligations as adopted by the Water Plan.
Comm. Stevens moved to approve Chair signature of a letter of request to be sent to State Legislature requesting Suwannee River Water Management District as the Water Management District for Levy County. Comm. Parker seconded and the MOTION CARRIED.
Mr. Jimmy Brooks, with Southwest Florida Water Management District, stated he will assist the County to resolve issues as related to the Water Management Districts.
Mrs. Cannon stated the Suwannee River has been named an outstanding Florida Waterway and the State has been committed to ensuring it’s preservation and the Suwannee River Water Management District is the preferred Water Management District for Levy County.
Chairwoman Rooks stated since the closing of the Number 4 Pier in Cedar Key Florida, meetings have been conducted to discuss necessary renovations and available grants to assist in the repairs.
Mr. Matt Weldon, Mosquito Control, stated a Florida Boating Improvement Program Grant is available through September 13, 2004 to assist in the repairs of the lighting, parking lot, and the boat ramp. Mr. Weldon stated the Florida Recreational Developmental Assistance Program (FRDAP) would provide money to assist with the repair of the Number 4 Pier. Mr. Weldon stated since Levy County is located within a Rural Economic Development Area no local match is required with the grants.
Comm. Parker moved to approve the application of the grants available to assist in the repairs of the Number 4 Pier in Cedar Key, Florida. Comm. Bell seconded and the MOTION CARRIED.
Comm. Yearty suggested the County contact the Department of Environmental Protection (DEP) to assist in the repairs of the Number 4 Pier.
Chairwoman Rooks, Comm. Parker and Mrs. Collins made comments commending Mr. Weldon for his research and efforts identifying grants available to assist in the repairs of the Number 4 Pier in Cedar Key Florida.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court