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REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 17, 2005
The Regular Meeting of the Board of Levy County Commissioners was held on May 17, 2005, at
9:00 a.m. in the Levy County Board of County Commissioners’ Meeting room, with the following Commissioners present:
Chairman Tony Parker
Vice-Chairwoman Nancy Bell
Comm. Sammy Yearty
Comm. Lilly Rooks
Comm. Danny Stevens
Also present were:
County Attorney - Anne Bast Brown
County Coordinator - Fred Moody
Clerk of Court - Danny J. Shipp
The Chairman called the meeting to order at 9:00 a.m. The invocation was given by Vice-Chairwoman Bell followed by 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 Regular Meeting of May 3, 2005 and the Special Meeting of May 10, 2005. Comm. Bell seconded and the MOTION CARRIED.
MISCELLANEOUS
Comm. Stevens read Proclamation #2005-12, recognizing Mr. Donald Harris’ service to the Levy County Board of Adjustment, and presented the proclamation to Mrs. Harris expressing appreciation on behalf of Levy County for Mr. Harris’ public service.
Comm. Stevens moved to approve Proclamation #2005-12. Comm. Rooks seconded and the MOTION CARRIED.
MUNICIPALITIES
Mayor Hethcoat, City of Williston, presented request for the City’s inclusion on list as a potential recipient of communication funds.
Comm. Stevens moved to add the City of Williston, as all municipalities, for consideration of disposition from the communications fund. Comm. Yearty seconded and the MOTION CARRIED.
ROADS, STATE
Ms. Renee Brinkley, Florida Department of Transportation, presented information on SR 500 resurfacing and removal of on-street parking to make a five (5) lane section in the Town of Bronson and reviewed displays thereof.
Mr. Bill Henderson and Mr. Jordan Green, Florida Department of Transportation, distributed hand-out materials pursuant to Levy County’s Six (6) Year Transportation Plan, Fiscal Year 2005 – 2010 and reviewed the State Highways tentative plans thereof. Mr. Henderson concluded stating the road priority list letter is due by July 1, 2005.
TOURIST DEVELOPMENT COUNCIL
Mr. Fred Moody requested approval for the Tourist Development Council to join the Original Florida Tourism Task Force as recommended by the Tourist Development Council Board.
Comm. Rooks moved for approval for the Tourist Development Council to join the Original Florida Tourism Task Force. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY COORDINATOR
Mr. Moody, presented ‘A Resolution Of The Board Of County Commissioners Of Levy County, Florida, Approving A Purchase And Sale Agreement For Sale Of A Portion Of Lots 1 and 2 And Of Main Street, Block 14, Montbrook Subdivision, In Levy County, Florida; Authorizing The Chairman Of The Board of County Commissioners To Execute A County Deed for The Sale, And Other Documents Necessary For Closing’.
Comm. Yearty moved to approve the aforementioned Resolution. Comm. Bell seconded. After discussion, Comm. Yearty and Comm. Bell rescinded their motions.
Consensus of the Board to table this item.
EMERGENCY MANAGEMENT
Mr. Mark Johnson requested approval of Modification #1 to the 2004/2005 Shelter Retrofit Grant.
Comm. Rooks moved to approve Modification #1 to 2004/2005 Shelter Retrofit Grant. Comm. Stevens seconded and the MOTION CARRIED.
FIRE
Mr. Rick Lombardo requested approval of revised 2004/2005 Fire Agreement for Yankeetown Volunteer Fire Department and revised 2004/2005 Fire Agreement for Cedar Key Volunteer Fire Department.
Comm. Stevens moved to approve the revised 2004/2005 Fire Agreements as presented for Yankeetown Volunteer Fire Department and Cedar Key Volunteer Fire Department. Comm. Rooks seconded and the MOTION CARRIED.
LIBRARY
Mr. Moody requested approval to accept donation check in the amount of $700.00 from King Realty to the Luther Callaway Public Library.
Comm. Bell moved to approve acceptance of $700.00 donation from King Realty to Luther Callaway Public Library. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Moody informed agenda item of update on communication costs for the Library system, July 1, 2005 through June 30, 2006, will be tabled until next Board meeting.
ROAD DEPARTMENT
Mr. Bruce Greenlee presented the following for one (1) time road maintenance:
NE 95 Street, NE 110 Avenue, NE 98 Lane in University Estates requiring three (3) loads rock and one (1) hour grading (NE 95 Street), requiring four (4) loads rock and two (2) hours grading (NE 110 Avenue) and requiring three (3) loads rock and one (1) hour grading (NE 98 Lane) for a total estimated cost of $3,268.00.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Rooks seconded and the MOTION CARRIED.
NE 54 Lane, NE 51 Lane, NE 121 Terrace in Sunny Highlands requiring one (1) load rock and one (1) hour grading (NE 54 Lane), requiring four (4) loads rock and two (2) hours grading (NE 51 Lane) and requiring one (1) load rock and one (1) hour grading for a total estimated cost of $2,068.00.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Rooks seconded and the MOTION CARRIED.
NE 104 Court in Bronson Heights 3rd Edition requiring three (3) loads rock and two (2) hours grading for a total estimated cost of $1,034.00 beginning at NE 72 Street and ending at South to the end.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 112 Terrace in Oak Ridge Estates requiring one (1) load rock and one (1) hour grading for a total estimated cost of $367.00 beginning at SR Alt 27 and ending at C335 NE 106 Terrace.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 135 Terrace, NE 137 Court, NE 139 Avenue, NE 65 Lane, NE 64 Street, NE 135 Avenue in Suncoast Estates requiring three (3) loads rock and two (2) hours grading (NE 135 Terrace), requiring two (2) loads rock and one (1) hour grading (NE 137 Court), requiring two (2) loads rock and one (1) hour grading (NE 139 Avenue), requiring two (2) loads rock and one (1) hour grading (NE 65 Lane), requiring three (3) loads rock and two (2) hours grading (NE 64 Street) and requiring two (2) loads rock and one (1) hour grading for a total estimated cost of $4,736.00.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 92 Place in University Estates requiring one (1) hour grading for a total estimated cost of $67.00 beginning at NE 105 Avenue and ending at NE 100 Avenue.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Rooks seconded and the MOTION CARRIED.
NE 107 Terrace in University Oaks requiring three (3) loads rock and one (1) hour grading for a total estimated cost of $967.00 beginning at NE 112 Lane and ending at end of road.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Rooks seconded and the MOTION CARRIED.
NE 100 Court in Bronson Heights requiring two (2) hours grading for a total estimated cost of $134.00 beginning at NE 69 Place and ending at NE 74 Place.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 69 Place in Bronson Heights requiring two (2) loads rock for an estimated cost of $600.00 beginning at NE 101 Court and ending at NE 99 Court.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 126 Terrace, NE 18 Street, NE 19 Street in Williston Highlands #14 requiring three (3) loads rock and two (2) hours grading (NE 126 Terrace), requiring three (3) loads rock and one (1) hour grading (NE 18 Street) and requiring three (3) loads rock and one (1) hour grading for a total estimated of $2,968.00.
Comm. Bell moved to approve the request for one (1) time maintenance. Comm. Stevens seconded and the MOTION CARRIED.
SE 188 Terrace in Gilmore Acres requiring two (2) hours grading for a total estimated cost of $134.00 beginning at C326 and ending at end of road.
Comm. Yearty moved to approve the request for one (1) time maintenance. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Greenlee requested approval of Resolution #2005-13, ‘A Resolution Of The Board Of County Commissioners Of Levy County Authorizing The Execution Of An Agreement With The Florida Department Of Transportation For A Scrap Reimbursement Grant For Resurfacing of CR 337 From CR 326 to SR 500/US 27 In Levy County, Florida’.
Comm. Rooks moved to approve Resolution #2005-13. Comm. Stevens seconded and the MOTION CARRIED.
TRANSPORTATION
Ms. Desiree Painter requested approval to present time sensitive non-agenda items.
Comm. Stevens moved to approve hearing of non-agenda items. Comm. Rooks seconded and the MOTION CARRIED.
Ms. Painter requested approval of Rural Capital Assistance Support Grant April 2005.
Comm. Yearty moved to approve the Rural Capital Assistance Support Grant April 2005. Comm. Rooks seconded and the MOTION CARRIED.
Ms. Painter requested approval of 2005/2006 Trip Equipment Grant Application.
Comm. Rooks moved to approve the 2005/2006 Trip Equipment Grant Application. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Desiree Painter requested approval of Non-Institutional Medicaid Provider Agreement.
Comm. Rooks moved to approve the Non-Institutional Medicaid Provider Agreement. Comm. Yearty seconded and the MOTION CARRIED.
SUPERVISOR OF ELECTIONS
Ms. Connie Asbell presented information pursuant to required purchase of touch-screen voting machines informing money received from the State (approximately $60,000) can be utilized for this purpose and the balance may be paid in full or spread over a two (2) year period. Ms. Asbell concluded requesting Board consideration for the previously requested 1000 square feet additional office space deemed necessary.
SHIP
Ms. Sandy Ashley presented Satisfaction of Mortgage for Mary Charlene Kennedy of Chiefland.
Comm. Rooks moved to approve the Satisfaction of Mortgage for Mary Charlene Kennedy. Comm. Stevens seconded and the MOTION CARRIED.
ZONING
Chairman Parker requested from the Board any Ex-Parte communication regarding the petition prior to the hearing. Comm. Rooks stated she had been contacted by Mrs. Gaye Webster and informed of her request. Atty. Brown swore in those who were going to speak for or against the following petition.
Mr. Rob Corbitt presented the following petition:
Petition No. Ha. Va. 3-05, Mrs. Gaye M. Webster petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her aunt (Reba A. Howard), on a parcel of land located in the N ½ of the NE ¼ of the SE ¼ in Section 19, Township 11South, Range 15 East (which is a portion of parcel #01582-001-00). Said parcel contains 20 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone.
Comm. Rooks moved to approve Petition No. Ha. Va. 3-05. Comm. Bell seconded and the MOTION CARRIED.
PUBLIC HEARING
Chairman Parker called the Public Hearing to order for Ordinance #2005-01, Ordinance #2005-02 and Ordinance #2005-03.
Atty. Brown stated Ordinance #2005-01 amends Levy County Code provisions governing special exceptions. Atty. Brown read Ordinance #2005-01 title into the record, ‘An Ordinance of Levy County, Florida, Providing That The Levy County Code Be Amended By Deleting Sections 50-730 and 50-799, And Amending Sections 50-1, 50-100, 50-645, 50-662, 50-796, 50-797, 50-798 and 50-841; Providing For Amendments to Provisions Governing Special Exceptions; Providing For Amendment To Numerous Specific Use and Other Sections Of The Levy County Code To Reflect Approval Of Special Exceptions By The Board Of County Commissioners; Providing For Severability; Providing A Repealing Clause; And Providing An Effective Date’. Atty. Brown informed numerous sections of the Levy County Code still require amendment in order to reflect that amendment contained in Ordinance #02-03 as well as other revisions to the Levy County Code provisions governing special exceptions are advisable in order to clarify the standards and criteria that apply to certain special exceptions and amend the language in some of the criteria to clarify the application process and provide more certainty for that process and to eliminate the requirement for specific findings in the Board of County Commissioner’s and Planning Commission’s decisions regarding special exception applications.
Chairman Parker opened for public comments.
Atty. Brown responded to Mrs. Renate Cannon’s inquiry ‘substantial injury’ is not defined in code and is determined at the Board’s discretion and the Zoning official determines ‘reasonable time’.
Comm. Yearty moved for approval and adoption of Ordinance #2005-01 as presented by Attorney Brown. Comm. Bell seconded and the MOTION CARRIED.
Atty. Brown stated this is the first of two public hearings regarding Ordinance #2005-02 amending Levy County Code provisions governing special exceptions for mining, excavation and extraction of minerals, resources and natural resources. Ordinance #2005-02 ‘An Ordinance Of Levy County, Florida, Providing That Ordinance 02-07 Be Amended; Providing That The Levy County Code Be Amended By Amending Sections Related To Ordinance 02-07, Including Sections 50-1, 50-776, 50-850, And 50-882 Of Such Code; Providing For Amendments To Provisions Governing Special Exceptions Involving Mining, Extractions, And Excavation Of Minerals And Natural Resources; Providing For Severability; Providing A Repealing Clause; And Providing An Effective Date.’ Atty. Brown informed in 2002, the Board adopted Ordinance #02-07 governing special exceptions for mining operations and governing provisions for landfill operations, however since that time operations have dictated changes are needed in order to provide clarity to definitions, processes and requirements governing major mining and minor excavations. Atty. Brown further stated clarification is required in the lists of permitted and special exception uses contained in the Code for the districts in which mining operations may be allowed by the special exception process. Atty. Brown concluded this ordinance proposes to provide the needed clarifications as well as provide for sufficient hearings.
Mr. Rob Corbitt responded to Comm. Stevens stating this ordinance proposes no changes to vested mining sites.
Chairman Parker opened for public comments.
Mr. Corbitt responded to Mrs. Cannon’s inquiry explaining definition of high water mark and access to paved roads.
Ms. White addressed the Board expressing a deep concern for Levy County, stating desire for ordinance to state intent in comprehensible terms and disappointment in allowing persons to create policies regarding issues they do not understand.
Atty. Brown stated this is the first of two public hearings regarding Ordinance #2005-03 amending Levy County Code provisions governing support and operations facilities related to the extraction of water for bulk or retail sales. Ordinance #2005-03 ‘An Ordinance Of Levy County, Florida, Providing That The Levy County Code Be Amended By Creating A New Section 50-883 Of Such Code And Amending Section 50-776 Of Such Code; Providing For Criteria, Standards, And Conditions For Special Exceptions For Support And Operation Facilities Related To The Extraction Of Water For Bulk Or Retail Sales; Providing For Severability; Providing A Repealing Clause; And Providing An Effective Date’. Atty. Brown informed in an effort to clarify that the Board’s intent was not to interfere with the State scheme or to attempt to regulate in areas where the State has preempted local regulation, the proposed ordinance amends the language governing special exceptions for support and operations facilities related to extraction of water for bulk and retail sales; in addition, since the support and operations facilities differ in many ways from the classic mining operations governed by Section 50-850, Levy County Code, the proposed ordinance removes the provisions governing support and operations facilities from such Section 50-850 and creates special exception provisions solely for such support and operations facilities. Atty. Brown further informed after consultation with staff and outside counsel it is advisable that the revisions governing setbacks and buffering be reduced to one-half (½) the setback and a portion of the buffer increases recommended as well as it is recommended that the notice requirement remain at individual notice to properties within 300 feet from subject property line.
Chairman Parker opened for public comments.
Ms. Valerie Ward encouraged the Board to retain as much control as possible pursuant to these issues especially regarding water extraction.
Ms. Judy Paradiso suggested water management research should be considered and stated noise and environmental effects are exaggerated.
Mr. Robert Lowyns addressed truck traffic, property distances and special exception notifications.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION, THE MEETING ADJOURNED.
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Tony Parker, Chairman
ATTEST:
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Danny J. Shipp, Clerk of Court