REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
December 7, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on December 7, 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
Also present were:
County Attorney - Anne Bast Brown
County Coordinator - Fred Moody
Clerk of Court - Danny J. Shipp
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. Stevens moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
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MINUTES
Consensus of the Board to table Special Meetings held September 17, 2004, and September 20, 2004, and Regular Meetings held October 5, 2004, and October 19, 2004.
PUBLIC HEARING
County Attorney Anne Bast Brown requested the adoption of a Resolution electing to use the uniform method of collecting Non-ad Valorem Special Assessments for solid waste services. Atty. Brown stated this Resolution begins the process to consider amending the current special assessment for solid waste services for the 2005/2006 fiscal year within statutory guidelines. Atty. Brown further stated the Resolution does not obligate the County to use the method or impose a special assessment, but must be adopted by January 1, 2005.
Chairwoman Rooks opened the floor for public comments.
PUBLIC COMMENT
No comments were made on the Resolution electing to use the uniform method of collection of the Non-ad Valorem Special Assessments for solid waste services.
Comm. Stevens moved to adopt the Resolution. Comm. Yearty seconded and the MOTION CARRIED.
ANIMAL CONTROL
Ms. Jody Heflin and Ms. Bea Hall, B’s Dog and Puppy Rescue, addressed the Board concerning animal service issues to help increase adoptions and decrease the amount of euthanasia.
Comm. Parker moved to approve the conception of an agreement by Atty. Brown to be reviewed by Mr. Hardee and Mr. Weatherford. Comm. Parker further moved for Atty. Brown to prepare and bring back before the Board an Ordinance for provisions and guidelines for a volunteer program. Comm. Stevens seconded and the MOTION CARRIED.
NATURE COAST BUSINESS DEVELOPMENT COUNCIL
Mr. Lannie Cardona requested the approval of a separate Director for each of the Nature Coast Business Development Council and the Tourist Development Council.
Comm. Yearty moved to approve a separate Director for each Council. Comm. Parker seconded and the MOTION CARRIED.
LEVY COUNTY TOURIST DEVELOPMENT COUNCIL
Mr. Lannie Cardona introduced Ms. Joni Ellis, Park Program Development Specialist, of the Cedar Key State Museum Park. Ms. Ellis gave a brief overview of the proposed upgrade of the exhibits at the Museum.
PUBLIC COMMENT
Ms. Helen Ciallella stated her taxes went from $10,000.00 to $17,500.00 since last year. Ms. Ciallella further stated she received an explanation from Mr. Frances Akins, Property Appraiser, stating there were a lot of property sales in the area. Ms. Ciallella stated how do we make up the deficit and that it seems that the deficit for the tax base is being made up by commercial or small business. Chairwoman Rooks stated she had no solutions to offer, however she is willing to help look for
solutions.
Mr. Carl Hanover stated he would like to speak about the Non-ad Valorem Tax Assessment method. Mr. Hanover stated that the uniformed method is well written, however not followed from one tax payer to the next. Mr. Hanover further stated that if the method was followed properly, there would be a lot more money for the County.
Ms. Joanne Johannesson stated that her personal property taxes increased from $2,000.00 to $8,000.00. Ms. Johannesson said she left Pinellas County because of the taxes. Ms. Johannesson further stated she understands the Inglis/Yankeetown area pays for a large portion of Levy County taxes and that they receive nothing in return.
Mr. Jim Coleman stated that per Attorney Norm Fugate’s request all drivers of an Emergency Medical Services (EMS) vehicle must meet the minimum qualifications. Mr. Coleman also stated the County should document approval to indemnify and hold harmless Municipal Firefighters from any damages incurred as a result of an accident. Mr. Coleman said consideration should be given and the staff be directed to work with the Municipal Attorneys to come up with an agreement. Chairwoman Rooks responded the consensus of the Board is to refer the item to County Attorney Brown.
Mr. Douglas A. Rueth stated the paving for Levy County Road (LCR) 264; NW 71st Ave. was scheduled for fiscal year 2003/2004 and not accomplished, therefore where does this road stand on a time line for paving. Mr. Bruce Greenlee responded that the Board has not approved new construction, only to maintain existing paved roads. Comm. Stevens stated funds for new construction comes from fuel tax sales. Mr. Rueth said there is a grant for paving LCR 341, what is the time frame for that road. Chairwoman Rooks responded the County is in the bid process for LCR 341 and paving should start in March or April 2005.
Ms. Sandy Fink stated she would like to thank the decision makers of Levy County.
ZONING
Attorney Brown swore in those who where going to speak for or against the following petitions.
Chairwoman Rooks requested from the Board any Ex-Parte communication prior to the hearing. Comm. Yearty, Comm. Parker and Comm. Stevens had no communications regarding the following petitions.
Mr. Rob Corbitt presented the following petitions:
Petition No. Ha. Va. 11-04, Berdine Mayes, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his father (Robert Evans), on a parcel of land located in Ocala West, Lot 15, in Section 25, Township 14S, Range 18E, in Levy County. Said parcel contains 2.5 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Yearty moved to approve the Hardship Variance. Comm. Parker seconded and the MOTION CARRIED.
Petition No. Ha. Va. 12-04, Maurice Talbert, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother-in-law (Marjorie Ehrler), on a parcel of land located in Le-Mar Ranchettes, Lot 23, in Section 12, Township 15S, Range 17E, in Levy County. Said parcel contains ten (10) acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Yearty moved to approve the Hardship Variance. Comm. Parker seconded and the MOTION CARRIED.
Petition No. PP 6-04, Croft Land Surveying representing Lloyd Goodnow, petitioning the Board for a Preliminary Plat of “Goodnow Acres”, a subdivision located in the North 1315.49 feet of the E ½ of the NW 1/4 of Section 20, Township 14S, Range 18E, in Levy County, LESS AND EXCEPT the East 30 feet thereof and existing road right-of-way. Said parcel contains 40 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Yearty moved to approve the Preliminary Plat. Comm. Stevens seconded and the MOTION CARRIED.
Petition No. PP 7-04, Croft Land Surveying representing FL Land Partners, LLC, petitioning the Board for a Preliminary Plat of “Homestead Ranch”, a subdivision located in Government Lots 9, 10, 11 and W ½ of Lot 12, in Section 22, Township 12S, Range 18E, outside the Arredondo Grant in Levy County. Said parcel contains 150.16 acres more or less and is located with an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Stevens moved to approve the Preliminary Plat. Comm. Parker seconded and the MOTION CARRIED,
Petition No. PP 8-04, Croft Land Surveying representing Alan C. Willis, petitioning the Board for a Preliminary Plat of “Loxahatchee North Estates”, a subdivision located in the NW 1/4 of the SW 1/4, and the N ½ of the SW 1/4 of the SW 1/4 of Section 34, Township 12S, Range 18E, Levy County. LESS AND EXCEPT the North 658 feet and less the South 658.15 feet thereof, subject to maintained right-of-way for NE 160th Avenue (North Parcel). The South 658.15 feet of the N ½ of the SW 1/4 of the SW 1/4 of Section 34, Township 12S, Range 18E, Levy County. Said parcel is subject to maintained right-of-way for NE 160th Avenue (South Parcel). Said parcel containing a total of 44.7 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Stevens moved to approve the Preliminary Plat. Comm. Parker seconded and the MOTION CARRIED.
Petition No. PP 9-04 Croft Land Surveying representing Fred Snowman, petitioning the Board for a Preliminary Plat of “Preserves at Raleigh”, a subdivision located on a parcel of land in Section 15, Township 12S, Range 18E, outside the Arredondo Grant, and in Section 22, Township 12S, Range 18E, inside the Arredondo Grant, Levy County. Said parcel contains 21 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Stevens moved to approve the Preliminary Plat. Comm. Parker seconded and the MOTION CARRIED.
Petition No. PP 10-04, Pardue Land Surveying representing Eve Robinson, petitioning the Board for a Preliminary Plat of “Miscal”, a Replat of Cedars Mobile Home Paradise, Lot 1, Block I and Cedar Haven Estates, Lot 1, Block 1, in Sections 30 and 31, Township 14S, Range 14E, Levy County. Said parcel contains three (3) acres more or less and is located within a commercial “C-2" zone.
Chairwoman Rooks called for opposition and none was presented.
Comm. Yearty moved to approve the Preliminary Plat. Comm. Stevens seconded and the MOTION CARRIED.
Special Event No. SEP 8-04, Stephanie Holding (applicant) requesting permission to allow a special event known as the “Treasure Coast Hurricane Carriage Driving Event” for January 21st thru January 23, 2005. Hours of operation will be Friday and Sunday 9:00 a.m. til 5:00 p.m., and Saturday 8:00 a.m. til 5:00 p.m. Said event located at 450 CR 337, Black Prong Equestrian Center.
Chairwoman Rooks called for opposition and none was presented.
Comm. Yearty moved to approve the Special Event. Comm. Parker seconded and the MOTION CARRIED.
EVENTS
Mr. Rob Corbitt presented for Robin Haskins, Sun Bowl Bowling Center, a request to sell alcohol until 2:00 a.m. on Friday, December 31, 2004 for a New Year’s Eve Event.
Comm. Yearty moved to deny Ms. Haskins request and to remain within the present ordinance following the State guidelines. Comm. Parker seconded and the MOTION CARRIED.
PUBLIC HEARING
Mr. Lannie Cardona requested the proposed Ordinance 2004-6 providing that the Levy County Code be amended by revising Section 86-3 of said code; providing for amendment to the Tourist Development Plan for use of tax revenues received pursuant to the Tourist Development Tax. Mr. Cardona stated this will allow the Tourist Development Council to recommend to the Board and for the Board to evaluate and rule on any expenditures which will be consistent with the statutes or any changes to the statute. Mr. Cardona further stated currently, we are constrained by the original ordinance.
Chairwoman Rooks opened the floor for public comment.
PUBLIC COMMENTS
There were no public comments in favor or opposing the proposed amendment to the Tourist Development Plan for use of tax revenues received pursuant to the Tourist Development Tax.
Comm. Stevens moved to adopt Ordinance 2004-6 as presented. Comm. Parker seconded and the MOTION CARRIED.
COUNTY COORDINATOR
Mr. Fred Moody requested overtime compensation for salaried employees during hurricane events. Mr. Moody said overtime is not currently permissible due to the personnel policy that was adopted in August prior to the storm. Mr. Moody further stated the policy reads, ‘exempted employees that are Executive Administrative Professionals will not receive overtime compensation, however may occasionally be able to receive compensated time off’. Comm. Stevens said recognition should be given in one form or another, however not in the form of a bonus, perhaps as a day or two off. Mr. Moody responded to Comm. Parker stating that there is no budgeted revenue for the compensation. Chairwoman Rooks stated the Department Heads were away from their families during these storms, helping the citizens of Levy County and they deserve something other than a couple of days off. Chairwoman Rooks suggested a bonus and compensated time. Chairwoman Rooks directed Mr. Moody to discuss this situation with Ms. Sheila Rees and to be table the item for further information and discussion.
CERTIFICATE OF CORRECTIONS
Mr. Fred Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 07697-056-00; Charity Baptist Church.
Comm. Stevens moved to adopt the Certificate. Comm. Parker seconded and the MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 01582-001-00; John and Gay Webster.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 15163-000-00; Annette and Donald Brown.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 04101-002-0N; Richard Droscoski.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 01009-002-0A; Jerald C. and Mildred Kiser.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 02622-003-00; Charlotte J. Weidner.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 02425-002-0B; Steven and Glenita Geving.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 00464-001-00; Joyce Lewis.
Comm. Stevens moved to adopt the Certificate. Comm. Parker seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 19745-000-00; Jodie Duquette.
Comm. Parker moved to adopt the Certificate. Comm. Stevens seconded and the
MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 05385-000-00; Luis Lorie.
Comm. Parker moved to adopt the Certificate. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 19372-001-00; Patricia Deas.
Comm. Stevens moved to deny the Certificate. Comm. Parker seconded and the MOTION CARRIED.
Mr. Moody requested the adoption of Certificate of Correction of Non-Ad Valorem Assessment Roll, Parcel number 08832-004-00; H. Claude Blankenship.
Comm. Stevens moved to deny the Certificate. Comm. Parker seconded and the MOTION CARRIED.
ORGANIZATIONAL EFFICIENCY STUDY
Mr. Fred Moody requested direction from the Board regarding the Organizational Efficiency Study. Chairwoman Rooks stated with a choice of either the Organizational Efficiency Study or the Impact Fee Study, the choice would be the Impact Fee Study. Comm. Parker agreed with the choice of moving forward with the Impact Fee Study rather then the Organizational Efficiency Study, however suggested the first choice in the Organizational Efficiency Study should be contacted for coast proposal.
Comm. Yearty moved to discontinue the process of the Organizational Efficiency Study at this time. Comm. Stevens seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson requested adoption of the Resolution for the Levy County Comprehensive Emergency Management Plan.
Comm. Stevens moved to adopt the Resolution. Comm. Parker seconded and the MOTION CARRIED.
Mr. Johnson requested approval of personnel recommendation to promote Leatha Keene, Emergency Management Program Coordinator at $12.72 per hour to Emergency Management Planner I at $15.14 per hour.
Comm. Stevens moved to approve the recommendation. Comm. Parker seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Ms. Marie Wells requested approval of Chairperson’s signature on Resolution No. 2004-10B, for the purpose of grant application to the State of Florida Department of Health Emergency Medical Services County Grant Program in the amount of $13,960.27.
Comm. Stevens moved to approve the Resolution. Comm. Parker seconded and the MOTION CARRIED.
Ms. Wells requested approval of Chairperson’s signature on Resolution to lease three (3) ambulances.
Comm. Parker moved to approve the Resolution. Comm. Yearty seconded and the MOTION CARRIED.
FIRE
Mr. Rick Lombardo requested approval of the revised County Fire Director Agreement.
Comm. Stevens moved to approve the revised agreement. Comm. Parker seconded and the MOTION CARRIED.
Mr. Lombardo requested description of the Fire Director’s position. Comm. Stevens responded if the Board has approved the action then you can exercise it.
Mr. Lombardo requested guidance regarding the status of the Fowlers Bluff Volunteer Fire Department. Chairwoman Rooks suggested a meeting between Fowlers Bluff Volunteer Fire Department and City of Chiefland. Mr. Lombardo stated he has five (5) certified firefighters to service Fowlers Bluff Fire Department until clarification and provision is certain. Chairwoman Rooks suggested giving the information and the list of five (5) certified firefighters to Mr. Moody for review.
LIBRARY
Mr. Tom Reitz offered for review the 2003/2004 Library System’s Annual Plan of Service.
Mr. Reitz requested approval of the 2004/2005 Library System’s Annual Plan of Service.
Comm. Parker moved to approve the 2004/2005 Plan. Comm. Stevens seconded and the MOTION CARRIED.
NATURE COAST TRANSIT
Ms. Desiree Painter presented a department update. Ms. Painter stated that Nature Coast Transit (NCT) provided 28,000 trips with 770,175 miles driven with only four (4) minor non-chargeable accidents. Ms. Painter also stated five (5) new vehicles have been added to the fleet. Ms. Painter further stated that NCT went from a partial brokerage to a sole source provider for all Medicaid and Non-Sponsored trips.
PLANNING
Ms. Kathy Winburn presented the Board an update regarding Devil’s Hammock Stewardship report. Ms. Winburn stated each November, the County is required to submit a report to Florida Communities Trust (FCT). Ms. Winburn further stated the annual stewardship report evaluates the County’s implementation of the approved Devil’s Hammock management plan and verifies the uses and management of the project site are compatible with the protection of natural resources.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested the following for a one (1) time road maintenance:
1. SE 168th Ave.; estimated cost $134.00, which required two (2) hours of grading beginning at C326 and ending at SE 23rd Street.
Comm. Yearty moved to accept the request. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Greenlee asked to table the request for approval to accept a contract with Natural Resources Conservation Service for restoration of G Street in Cedar Key. Consensus of the Board to table the item as requested.
SOLID WASTE
Mr. Benny Jerrels represented by Mr. Fred Moody requested approval to execute a contract with Withlacoochee Regional Planning Council for Small County Generators.
Comm. Stevens moved to approve the contract. Comm. Yearty seconded and the MOTION CARRIED.
RESOLUTIONS
Attorney Anne Bast Brown requested ratification of Emergency Declarations 2004-96 and 2004-97 regarding Hurricane Ivan and Hurricane Jeanne.
Comm. Stevens moved to accept the ratification. Comm. Parker seconded and the MOTION CARRIED.
COUNTY’S ESCHEATED LAND SALE
Ms. Susan Haines updated the Board with the County’s escheated land sale. Ms. Haines stated that there were forty three (43) parcels on the list and twenty two (22) sold. Ms. Haines further stated that the County gained $8,250.00 by the sale.
ENGINEERING CONTRACT
Attorney Anne Bast Brown requested approval of an addendum to the Consulting Engineering Contract for County Road No. C - 341.
Comm. Stevens moved to approve the contract. Comm. Yearty seconded and the MOTION CARRIED.
CLERK’S REPORT
Mr. Danny Shipp requested approval of two (2) deferred payment loans:
1. Heather Campbell of Williston - $11,560.00
Comm. Stevens moved to approve the deferred payment loan for Heather Campbell. Comm. Yearty seconded and the MOTION CARRIED.
2. Liltesha Law of Williston - $12,750.00
Comm. Stevens moved to approve the deferred payment loan for Liltesha Law. Comm. Parker seconded and the MOTION CARRIED.
Mr. Shipp requested approval of a Satisfaction of Mortgage for Thomas A. Claveria and Christine C. Steed of Chiefland in the amount of $1,737.66.
Comm. Stevens moved to approve the Satisfaction of Mortgage. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONER’S REPORT
Chairwoman Rooks presented for approval a formal request to be submitted to legislative delegation for funding to build a 24,000 square foot Health Department building.
Comm. Stevens moved to approve the formal request. Comm. Parker seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MEETING ADJOURNED.
Lilly Rooks, Chairwoman
ATTEST:
Danny J. Shipp, Clerk of Court