REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 5, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on October 5, 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:
County Attorney - Anne Brown
Clerk of Court - Danny J. Shipp
County Coordinator - Fred Moody
The Chairwoman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Wayne Williams 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. Bell moved to approve the board minutes from the regular meeting held on August 3, 2004, special meeting held on August 3, 2004 and the regular meeting held on August 17, 2004. Comm. Parker seconded and the MOTION CARRIED.
AGENCIES
Ms. Voyles, Head of the Mighty Food Bank, provided an update on the commodities program in Levy County. Ms. Voyles explained we are serving five hundred (500) citizens a month and Levy County is allocated, by the United States Department of Agriculture (USDA) 10.95%, which is based on the poverty and income level. Mr. Ron Grant expressed concern that Levy County is not receiving the full 10.95% and that the churches in the area are allocated a small percent. Ms. Voyles explained that the citizens of Levy County can receive food from these churches and other drop sites.
.Mr. Jim LaRue thanked the Board for the participation in the Small County Technical Assistance Services Programs. Mr. LaRue explained this program has helped in the training of supervisors or head of departments, technical assistance in the form of revenue allocations, and financial personnel assisting in different revenue alternatives or sources. Chairwoman Rooks requested financial assistance in a study of an impact fee for Levy County. Mr. LeRue will reiterate what was discussed and how much funds will be allocated to the study in a letter to the Board.
HEALTH DEPARTMENT
Ms. Barbara Locke presented a contract between the Levy County Board of County Commissioners and State of Florida Department of Health for operation of the Levy County Health Department for year 2004-2005. Ms. Locke recognized the citizens and employees of Levy County for their outstanding participation in volunteering during the hurricanes that devastated Levy County.
Comm. Bell moved to approve the contract between Levy County and the Health Department. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY COORDINATOR
Mr. Freddie Moody stated he is still gathering information on the overtime compensation for salaried employees called out for storm related labor. Mr. Moody further stated that compensation of the employees could be decided by the Board based on straight time, overtime or bonus. Mr. Moody requested to table this matter until next Board meeting.
Mr. Moody provided an update to the re-advertising for the Organizational Efficiency Consultant Services. The bid reply date is scheduled for October 29, 2004. Once the replies are in, Mr. Moody will set up appointment for interviewing the applicants.
Mr. Moody requested action from the Board on a non agenda item. Mr. Moody stated that the item is for the Recycling Service/Waste Tire Contract. Mr. Moody further stated the bid was from Greenman Technologies and the bid price is for $1,070.00 per load for processing and transportation.
Comm. Yearty moved to accept the bid. Comm. Stevens seconded and the MOTION CARRIED.
BUILDING AND ZONING
Mr. Rob Corbitt requested the ratification of the annual re-certification to participate in the Community Rating System Program. By participating in the program, this will allow for a discount in the flood insurance policies that are written in Levy County.
Comm. Yearty moved to adopt the ratification of the annual re-certification to participate in the Community Rating System Program. Comm. Stevens seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Ms. Marie Wells provided a department update. Ms. Wells explained for a three (3) week period, the department received three hundred and eighty eight (388) EMS calls, two hundred fifty seven (257) transports and one hundred thirty one (131) non-transports. Ms. Wells stated the average mile per day was six hundred and fifteen (615) with an average call per day of sixteen (16).
Ms. Wells informed the Board that she sent three (3) employees to the panhandle to help in the recovery of Hurricane Ivan and received outstanding reports of a job well done.
FIRE
Mr. Rick Lombardo requested a sixty (60) day extension on all County Volunteer Fire Department contracts. Ms. Anne Brown drafted an agreement to be used by the Volunteer Fire Department to approve an extension of the 2003-2004 fire contract.
Comm. Parker moved to allow the sixty (60) day extension and the use of the agreement drafted by the attorney. Comm. Bell seconded and the MOTION CARRIED.
PLANNING
Ms. Kathy Winburn requested approval of the Citizen Growth Management Survey. The Planning Commission recommended that this survey questionnaire be used as a citizen participation tool for the Comprehensive Plan Evaluation and Appraisal Report (EAR) process. The Planning Commission recommended placing the survey on the County’s website, in public libraries and other public locations.
Ms. Winburn stated the purpose of the survey is to help identify issues of general concern to the citizenry and stimulate the public to think about the community, with a focus on growth management.
Comm. Yearty moved to approve the Growth Management Survey. Comm. Bell seconded and the MOTION CARRIED.
Ms. Winburn provided an informational update on the development trends in Levy County. Ms. Winburn stated the Planning Department has created a map titled (Residential Development Trends-January 2003 - June 2004.”), the map was initially created for the School Facility Planning Workshop, to illustrate growth trends as related to school capacity. Ms. Winburn also stated the data collected indicated that two hundred twenty two (222) permits were issued for new single family construction and five hundred nine (509) permits were issued for mobile home move-on during the period studied, this equates to an average of forty (40) new households per month and using an average of two point three (2.3) persons per household, this equates to approximately ninety two (92) new residents per month, or one thousand six hundred eighty one (1,681) new residents moving into Levy County over the period in question.
ROAD MAINTENANCE
Mr. Greenlee requested road maintenance on a one (1) time basis:
NE 42 Place, Williston Highlands Unit 9, five (5) loads of rock and one (1) hours of grading for an estimated cost of $2,034.00, beginning at NE 170 Ave. and ending at NE 172 Ct.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and MOTION CARRIED.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested approval for a Small County Road Assistance Program reimbursement grant for CR 341. Mr. Greenlee stated this program will assist small county governments in resurfacing or reconstructing county roads. Mr. Greenlee further stated the grant amount is $869,000.00.
Comm. Bell moved to approve the Small County Road Assistance Program. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Greenlee requested the Board adopt a resolution for the Small County Road Assistance Program grant for CR 341. Mr. Greenlee stated the resolution will authorize the execution of an agreement with Florida Department of Transportation for a scrap reimbursement grant for construction of improvements to CR 341 in Levy County, Florida.
Comm. Bell moved to adopt the resolution.
Comm. Stevens seconded and the MOTION CARRIED.
TRANSPORTATION
Ms. Desiree Painter requested approval of the Board to adopt the Florida Department of Transportation Substance Abuse Policy for Nature Coast Transit. Ms. Painter stated the policy is a requirement by the Federal Transit Administration to receive Federal and State funding to provide services.
Comm. Yearty moved to approve the Substance Abuse Policy. Comm. Bell seconded and the MOTION CARRIED.
Ms. Painter requested approval to enter into a contract with HNTB Corporation for the designation of the riders guide. Ms. Painter stated the funds are for the design of the riders guide which came from a grant from the Florida Department of Transportation.
Comm. Yearty moved to approve the contract with HNTB Corporation. Comm. Bell seconded and the MOTION CARRIED.
Ms. Painter requested approval of the Suwannee River Economic Council (SREC) contract amendment. Ms. Painter stated this amendment will allocate $2,700.00 from the Non-Sponsor Fund, which was needed to pay for the trips to the meal sites through September 20, 2004.
Comm. Parker moved to approve the amendment. Comm. Yearty seconded and the MOTION CARRIED.
ZONING
Atty. Brown explained the process of Ex-Parte Communications and Quasi-Judicial Hearings for zoning matters.
Atty. Brown placed all who chose to speak in reference to their petitions under Oath. Mr. Rob Corbitt presented the following petitions:
PETITION NO. Ha. Va. 8-04, Michael J. Domnissey petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother (Shirley Domnissey Wolcott), on a parcel of land located in Oak Ranch Estates, Lot 12, in Section 11, Township 13S, Range 14E, in Levy County. Said parcel contains 9.73 acres more or less and is located within an “A/RR” Agriculture/Rural Residential Zoning. The Parcel number is 21000-000-00.
Chairwoman Rooks called for opposition. Mr. Corbitt explained that he received a letter of opposition from Claude E. Graham, III. Mr. Graham expressed concern that this dwelling would be permanent.
Comm. Parker moved to allow the Hardship Variance for Mr. Domnissey. Comm. Yearty seconded and the MOTION CARRIED.
PETITION NO. Ha. Va. 9-04, Pam Hart petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her parents (William and Jean Sue Schoenherr), on a parcel of land located in (five) 5 Oak Acres Section 2, Lot 28, in Section 28, Township 11S, Range 17E, in Levy County. Said parcel contains 7.90 acres more or less and is located with in a “RR” Rural Residential zone. The Parcel number is 03229-020-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Parker moved to allow the Hardship Variance for Ms. Hart. Comm. Bell seconded and the MOTION CARRIED.
PETITION NO. Ha. Va. 10-04, Jack Ragsdale petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother (Ann R. Ragsdale), on a parcel of land located in U. S. 19 No. 1 Addition, the East 247.50 feet of Lot 28, Block A, in Section 14, Township 11S, Range 14E, in Levy County. Said parcel contains 2.5 acres more or less and is located within a “C-3" Commercial Zone. The Parcel number is 07529-019-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Bell moved to allow the Hardship Variance for Mr. Ragsdale. Comm. Yearty seconded and the MOTION CARRIED.
PETITION NO. PP 3-04, Pardue Land Surveying representing Christine Schueler, petitioning the Board for a Preliminary Plat of “Blue Meadow Farms,” a subdivision located in the NW 1/4 of the NW 1/4 of Section 4, Township 11S, Range 15E, Levy County, LESS AND EXCEPT the right of way for SR 49 or also known as US 129 along the Westerly side and the right of way for County Road 346-A along the Northerly side thereof. Said parcel contains 36.75 acres more or less and is located with an “A/RR” Agriculture/Rural Residential zone. The Parcel number is 01481-000-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Bell moved to allow the Preliminary Plat of “Blue Meadow Farms”. Comm. Parker seconded and the MOTION CARRIED.
PETITION NO. PP 4-04, Pardue Land Surveying representing Royce Chesser, petitioning the Board for a Preliminary Plat of “Green Acres”, a subdivision located E ½ of the SE 1/4 of Section 12, Township 11S, Range 15E, Levy County, LESS AND EXCEPT the N 1/4 of the NE 1/4 of the SE 1/4 and the W 1/4 of the SE 1/4 of the SE 1/4 and the County Road right of way along the Easterly and Southerly sides. Said parcel contains 60 acres more or less and is located within an “A/RR” Agriculture/Rural Residential zone. The Parcel number is 01541-001-00.
Along with PETITION NO. SVA 2-04, Pardue Land Surveying representing Royce Chesser, petitioning the Board for a Variance from the Subdivision Regulations, Section 50-577 Block Lengths, on a parcel of land located in the E ½ of the SE 1/4 of Section 12, Township 11S, Range 15E, Levy County, LESS AND EXCEPT the N 1/4 of the NE 1/4 of the SE 1/4 and the W 1/4 of the SE 1/4 of the SE 1/4 and the County Road right of way along the Easterly and Southerly sides. Said parcel contains 60 acres more or less and is located within an “A/RR” Agriculture/Rural Residential zone. The Parcel number is 01541-001-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Parker moved to allow the Preliminary Plat and the Variance for “Green Acres”. Comm. Bell seconded and the MOTION CARRIED.
PETITION NO. PP 5-04, Croft Land Surveying representing Elwin Standridge, petitioning the Board for a Preliminary Plat of “E & D Farms”, a subdivision located in the SW 1/4 of the SE 1/4 of Section 23, Township 12S, Range 14E, Levy County. Less and accept the South 50 feet thereof lying in the right of way of LCR 347 also less and accept the South 302 feed of the E ½ of the W ½ of SW 1/4 of SE 1/4 of said Section 23. Said parcel contains 37 acres more or less and is located in a “A/RR” Agricultural/Rural Residential zone. The Parcel number is 01044-001-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Stevens moved to allow the Preliminary Plat of “E & D Farms”. Comm. Yearty seconded and the MOTION CARRIED.
PETITION NO. FP 3-04, McMillen Surveying Inc. representing Judy D. Infinger, petitioning the Board for a Final Plat of “Kindred Spirits Farms”, a subdivision located in the N ½ of NW ½ of Section 25, Township 13S, Range 18E, Levy County. Said parcel contains 20 acres more or less is located in a “A/RR” Agricultural/Rural Residential zone. The Parcel number is 04482-003-00.
Chairwoman Rooks called for opposition and none was presented. Comm. Yearty moved to allow the Final Plat of “Kindred Spirits Farms”. Comm. Bell seconded and the MOTION CARRIED.
PUBLIC COMMENTS
Ms. Cannon requested that a copy of the agenda be placed on the table as you walk in for public access. Ms. Cannon also requested that the agenda have what is presented during the meeting.
Mr. Gilbert acknowledged receipt of a list with County names who have received overtime pay in the past six (6) months. Mr. Gilbert asked who approved this overtime? Mr. Gilbert further commented, out of the forty (40) employees listed, seven (7) have excessive overtime and those seven (7) worked on Comm. Yearty’s daughter’s house.
SHIP
Mr. Danny Shipp presented the following Satisfaction of Mortgage for approval.
Donald D. Brown paid off the amount of $5,500.00.
Comm. Bell moved to authorize the Chairwoman to sign the Satisfaction of Mortgage. Comm. Yearty seconded and the MOTION CARRIED.
ATTORNEY
Attorney Anne Brown requested the adoption of Resolution 2004-61 for reduction of Department of Environmental Protection ( DEP) and Water Management Districts Permit Fees. Atty. Brown further stated that this resolution will allow for the reduction in permit processing fees for public purposed projects and the fee will not exceed $100.00 per permit.
Comm. Bell moved to approve the resolution. Comm. Parker seconded and the MOTION CARRIED.
Atty. Brown requested ratification of Emergency Declaration 2004-51, 2004-52, 2004-53, 2004-54, 2004-55 and 2004-56 pertaining to the recent tropical storms and hurricanes.
Comm. Stevens moved to approve the ratification of the said Emergency Declarations. Comm. Yearty seconded and the MOTION CARRIED.
Atty. Brown requested the adoption of Emergency Declaration 2004-57 for Tropical Storm Bonnie and Hurricane Charley and Emergency Declaration 2004-58 for Hurricane Frances.
Comm. Bell moved to adopt the Emergency Declaration. Comm. Yearty seconded and the MOTION CARRIED.
Atty. Brown requested adoption of Resolution and Joint Project Agreement with Florida Department of Transportation (DOT) for Airport Master Plan and Airport Layout Plan for the George T. Lewis Airport in Cedar Key. Ms. Brown stated the DOT is providing a $50,000.00 non matched grant.
Comm. Stevens moved to approve the Resolution. Comm. Parker seconded and the MOTION CARRIED.
Atty. Brown requested approval for the agreement with Withlacoochee Regional Planning Council for professional services.
Comm. Stevens moved to approve the agreement. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONER’S REPORTS
Chairwoman Rooks requested the Board to look into the drainage situation for the different areas. Chairwoman Rooks stated there are major drainage issues that need to be addressed by the Water Management District, the local Management Districts along with some state agencies. Chairwoman Rooks concluded, we need resolution for the citizens of Levy County.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court