REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

March 4, 1997

 The Regular Meeting of the Board of Levy County Commissioners was held on March 4, 1997 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Sammy Yearty

Vice Chairman Don Foley

Comm. Wilbur Dean

Comm. Don Lindsey

Comm. Frank Davis

 Also present were:

County Attorney Gregory V. Beauchamp

Clerk of Court Douglas M. McKoy

Administrative Assistant William C. Cobb

 The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Skip Hammell followed by the Pledge of Allegiance to the Flag.

 MINUTES

Comm. Davis moved to accept the minutes of February 18, 1997. Comm. Lindsey seconded and the MOTION CARRIED.

EXPENDITURES

 The following expenditures were presented for payment.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 6905-7098 (VOID 6904; 7086)

 GENERAL FUND                                       $765,914.08

 ROAD & BRIDGE FUND                               39,588.67

 LOCAL HOUSING ASSISTANCE                11,511.00

 PERMANENT MOSQUITO CONTROL       13,980.00

 LOCAL LAW ENFORCEMENT                      2,625.62

 FINE & FORFEITURE FUND                          8,721.48

 LANDFILL & RECYCLING                           10,524.11

 LAW ENFORCEMENT TRUST FUND           3,901.66

 COURT FACILITIES FUND                               448.00

 FLORIDA POWER GRANT FUND                    761.50

 EMERGENCY MEDICAL SERVICE               2,933.60

 ST GRANT-JUVENILE JUSTICE                        167.04

                                                        TOTAL $861,076.76

Comm. Lindsey moved to authorize payment of the bills presented. Comm. Dean seconded and the MOTION CARRIED.

 COMMUNITY DEVELOPMENT

Mr. C. W. Gilbert made inquiries on the Shady Lane Subdivision plans which were submitted to the Board for approval in December 1978. A legal suit was filed and in 1979 there was a judicial ruling that the subdivision was in violation of the Comprehensive Land Use Plan. The order required the subdivision plat was to show on the face it had been vacated. Mr. Gilbert inquired why in September 1996 County Attorney Greg Beauchamp read a resolution which indicated that the subdivision plat had not been vacated in 1979 in accordance with Florida law and that the Board voted to leave the plat intact. Chairman Yearty advised that a meeting could be arranged with Mr. Gilbert, Mr. Beauchamp and himself to discuss the matter and if further Board action was necessary it would be placed on the agenda. Mr. Gilbert informed the Chairman that he did not wish to be included in the meeting.

 COMMUNITY AFFAIRS

Mrs. Virginia Greenlee McDonald addressed the Board about problems in the annex of east Williston area at State Road 27 and County Road 318. She requested the Board to support the citizen group concerned with the loitering, loud noise and open containers at this location in their neighborhood. Sheriff Glass said that the Sheriff’s Office has responded to the complaints but the property involved is privately owned and the Sheriff’s Office must have the cooperation of the property owner to resolve the problems. Sheriff Glass informed the Board that he had contacted the Department of Alcohol and Tobacco and they informed him that they do not enforce consumption on the premises that are not within the confines of a building. The County does not have an open container ordinance which could be used for enforcement. Chairman Yearty requested research for an ordinance and code to address " quality of life" by County Attorney Greg Beauchamp. Chairman Yearty named a committee consisting of Mr. Billy Cobb, Mr. Rob Corbitt and Sheriff Ted Glass to work with Mrs. McDonald and other concerned citizens in Williston.

 INTERLOCAL AGREEMENT

Board Secretary, Heather Alexander presented the Board the interlocal agreement approved by the City of Inglis for providing landfill, collection and disposal of garbage. The agreement remained the same as last year’s agreement. Comm. Dean moved to adopt the interlocal agreement with the City of Inglis. Comm. Davis seconded and the MOTION CARRIED.

 ROAD DEPARTMENT

Mr. Skip Hammell reported that he had a received a maintenance agreement from the Florida Department of Transportation for beacon lights located in the county. Mr. Hammell said agreements for the beacon lights in Raleigh and Gulf Hammock are in order. He said the State is planning to install a stop/go control light at the intersection of SR 41 and SR 121 in the City of Williston and the State is requesting that the county maintain that control light. Mr. Hammell advised the Board that this light is in the City of Williston and it should not be maintained by the County Road Department. Chairman Yearty directed Mr. Hammell to prepare a response to the Florida Department of Transportation.

BUILDING AND ZONING

Mr. Rob Corbitt addressed the Board concerning abandoned mobile homes in the county. He said he would obtain a copy of the zoning laws used by Santa Rosa County dealing with this issue for review by the Board. Mr. Corbitt said he would map out the locations of the abandoned mobile homes in the county and will provide this information along with a draft copy of a proposed ordinance for consideration by the Board.

 ROAD CONSTRUCTION

Mrs. Sarah Miller inquired on the status of County Road 316 and County Road 105. Mrs. Miller informed the Board at several meetings that the roads did not appear to have been properly paved. Comm. Foley responded that Justin Watson of the Road Department and Lee Mills, the County Engineer had previously surveyed the road after Mrs. Miller’s first inquiry and found that the road had been constructed as per specifications. The road construction is being thoroughly investigated and if there are any defects they will be corrected.

 COUNTY CONSULTANT

Mr. Herb Heesch, County Consultant advised that the Planning Board had met and have set the dates for the Public Workshops to consider recommendations for changes and amendments to the Comprehensive Plan. The schedule of public workshops follows:

 April 3, 1997--------------------------------Inglis

 April 10, 1997------------------------------Bronson

 April 17, 1997------------------------------Williston

 April 24, 1997------------------------------Chiefland

Mr. Heesch presented each Board member with a Consolidated Comprehensive Plan notebook. It consists of all the amendments to the plan since 1990. The notebook has been condensed for use from the current three (3) volumes. The data bases were eliminated to reduce the size of the volumes.

 SHIP

Mrs. Carol McQueen presented a Deferred Payment Loan Agreement for Ms. Glinda Rothschink for $6,000.00. The dwelling is located at Lot 14, Annex Heights Subdivision, Section 36, Township 12S, Range 18E, Williston, Florida. Comm. Foley moved to accept the Deferred Payment Loan Agreement. Comm. Lindsey seconded and the MOTION CARRIED.

 ZONING

The public hearing for a zoning change began at 10:00 a.m. as advertised. Mr. Rob Corbitt of Building and Zoning read the following petition:

Petition No. CA-00434 - Nancy Gould, petitioning the Board for a Change of Zoning from Rural Residential (RR) to Commercial (C-2) to allow any or all permitted uses in a C-2 zone, on a parcel of land located in the NW 1/4 of the NE 1/4 as described on the survey on record, in Section 7, Township 14S, Range 19E, in Levy County. Said parcel contains 1.74 acres more or less.

Mr. Richard Leopold and Mr. Lewis Leopold spoke in opposition and presented a list of signatures opposing the change in zoning. Mrs. Renata Cannon spoke in behalf of the zoning change. The property is located on a commercial node and no findings of fact were presented to cause a denial of the zoning change. Comm. Lindsey moved to accept the change of zoning from Rural Residential (RR) to Commercial (C-2). Comm. Davis seconded and the MOTION CARRIED.

 NON-AD VALOREM ASSESSMENT ROLL

Mr. Billy Cobb read a request for a Certificate of Correction of Non-Ad Valorem Assessment Roll for Brett and Tammy Brinkman. Only one (1) residence is presently on the property. Comm. Dean moved to accept the Certificate of Correction. Comm. Davis seconded and the MOTION CARRIED.

 COUNTY COALITION

Mr. Cobb recommended that the Board join the Small County Coalition. The annual dues are $2,150.00. The county would benefit as a member of the coalition. Comm. Davis moved to pay the annual dues and join the Small County Coalition. Comm. Dean seconded and the MOTION CARRIED.

 SHERIFF

Sheriff Ted Glass notified the Board that he had located a used mobile office for $7,926.00. The approximate cost for set up and delivery will be $1,067.00. The office facility will provide immediate relief for five (5) officers in the narcotics division. Presently five (5) officers are using a two (2) person office. Comm. Davis moved to purchase the mobile office. Comm. Lindsey seconded and the MOTION CARRIED.

Sheriff Glass advised the Board that he would be able to find funding for the sewer/septic system for the office building.

Sheriff Glass informed the Board that Mr. Cobb and himself have been working with increasing the court house space by moving the holding facility. He said they will be reporting to the Board at a later date with additional details.

 COMMUNITY DEVELOPMENT BLOCK GRANT

Clerk of Court, Douglas M. McKoy thanked the Board for the support received in applying for the Community Development Block Grant. The grant application was submitted with 630 points. Mr. McKoy said there were an inordinate amount of applications submitted this year which may have an impact on funding or the amount of funding received by the County. Additional information will be reported to the Board, as it is received on the awarding of the Community Development Block Grant.

 TAX DEED SALE

County Attorney, Greg Beauchamp read a letter from Deputy Clerk Gerrie Mikell adding three (3) parcels to the list of land available for purchase from the County within 90 days after the tax deed sale of February 17, 1997.

 CEDAR KEY AIRPORT

Mr. Greg Beauchamp informed the Board that the termination package agreement and resolution dissolving the Joint Participation Agreement with Florida Department of Transportation on the Cedar Key Airport had been received. Comm. Davis moved to adopt the resolution for the termination of the agreement. Comm. Lindsey seconded and the MOTION CARRIED. Chairman Yearty signed the three (3) copies of the termination agreement.

 ANTI NUDITY ORDINANCE

Greg Beauchamp, County Attorney reviewed the ordinances which Mrs. Juanita Melchoir distributed at the February 18, 1997 meeting. Mr. Beauchamp recommends that the Board advertise for a public hearing for the adoption of an anti nudity ordinance. Comm. Foley moved to advertise for a public hearing to be held on April 8, 1997 at 10:30 a.m. to adopt an anti nudity ordinance. Comm. Dean seconded and the MOTION CARRIED.

 COMPREHENSIVE LAND USE PLAN

Attorney Beauchamp requested authorization to advertise for a public hearing to rescind the two (2) portions of the ordinance concerning the King property and the White property. The two (2) sections of the small scale amendment were rejected by the Department of Community Affairs. The public hearing will be held on April 8, 1997 at 10:30 a.m.

 BENEFIT CONCERT

Chairman Yearty informed the Board that Ms. Peggy Young and Mr. David Wyrosdick, who appeared at the February 18, 1997 regular meeting to request a permit for a benefit concert had been provided with the list of items to be addressed for the issuance of the permit. A response has not yet been received.

 SPECIAL ASSESSMENTS

Property Appraiser, Francis Akins informed the Board that the Property Appraiser by law is only required to address the issue of ad valorem taxes and is not responsible for any special assessments adopted by the Board. It has been suggested that when the notices for the special assessments are mailed that it contain a message that any objections which the tax payer may have be addressed to the County Administrative Assistant, Mr. Billy Cobb. Mr. Billy Cobb will investigate any complaints with the assistance of Mr. Dick Tummond as needed.

 ROAD REPAIR

Comm. Foley addressed the Board concerning correspondence from the City of Chiefland dated December 13, 1996 requesting in kind assistance from the County Road Department to maintain N. W. 4th Drive which is within the confines of the city limits. Mr. Foley expressed concern about the precedent that may be set by providing maintenance within a city. After Further discussion Comm. Dean moved to deny the request for in kind assistance for road maintenance of N. W. 4th Drive and notify the City in writing. Comm. Davis seconded and the MOTION CARRIED.

 FLORIDA ASSOCIATION OF COUNTIES

Comm. Dean discussed the legislative bulletin which has been sent out by the Florida Association of Counties indicating that several South Florida counties are supporting a constitutional amendment authorizing partial year assessments. Comm. Dean spoke in opposition to partial assessments and the Board was in agreement. Chairman Yearty requested Administrative Assistant, Billy Cobb to write a letter to the legislative delegation opposing this amendment by the Board.

Comm. Dean also said a bill is being proposed by the legislative to include EMT’s and paramedics in the special risk class of the Florida Retirement System (FRS). Presently, there are twenty-five (25) EMT’s employed by the county. After discussion the Board did not take any action on this issue.

 AMBULANCE DIRECTOR

Comm. Davis provided the Board with the job description and minimum qualifications for the position of ambulance director which has recently been created. After discussion it was determined that the salary range would be from $27,000 to $30,000 annually and the position will be advertised. Chairman Yearty appointed a selection committee consisting of Mr. Billy Cobb, Comm. Davis and Dr. William Leonard to review and recommend the top three (3) applicants to the Board for their final approval.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Sammy Yearty, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court