REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
September 2, 1997
The Regular Meeting of the Board of Levy County Commissioners was held on September 2, 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 Sheriff Ted Glass followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
The following expenditures were presented for payment. Comm. Lindsey moved to approve the expenditures for payment. Comm. Davis seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 9400-9600 (VOIDS 9401; 9590 )
GENERAL FUND $500,253.78
ROAD & BRIDGE FUND 28,904.66
LOCAL HOUSING ASSISTANCE 5,470.00
FINE & FORFEITURE FUND 26,626.16
LANDFILL & RECYCLING 55,774.67
LAW ENFORCEMENT TRUST FND 5,883.47
FLORIDA POWER GRANT FUND 65.50
EMERGENCY MEDICAL SERVICE 6,683.37
INTERGOVERNMENTAL COMMUN 2,950.00
ST GRANT-JUVENILE JUSTICE 27.51
TOTAL $632,639.12
MINUTES
Comm. Davis moved to approve the minutes of the regular meeting on August 19, 1997 and the special budget workshop on August 26, 1997. Comm. Lindsey seconded and the MOTION CARRIED.
ROAD DEPARTMENT/BIDS
Board secretary, Mrs. Jacqueline Martin opened bids for the following supplies for the Road Department:
Slag & Asphalt
E.A. Mariani Asphalt Co.
APAC Alabama, Inc.
Martin Marietta Aggregates
Kerosene, Motor Oils, Greases etc.
Tri-County Oil Distributors
Thomas Oil Company
Whetstone Oil Company
Safety Items
Municipal Supply & Sign Co.
Safety Zone Specialists
Safety Products, Inc.
Galvanized Culvert Pipe
Contech Construction
Southern Culvert
Gulf Atlantic Culvert Co.
Bridge Guard Rails
No bids submitted
Freon
No bids submitted
Sign Materials:
Universal Signs & Accessories
Municipal Supply & Sign Company
ADC
Vulcan Signs
3M General Offices
Chairman Yearty named a committee of Mr. Skip Hammell, Mr. Justin Watson and Comm. Foley to review the bids and to report at the next regular meeting on their recommendations.
Comm. Foley moved to authorize Mr. Skip Hammell to locate vendors for bridge guard rails and Freon and request quotes since no bids were received. Comm. Dean seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mr. Lee Schlusemeyer of James B. Pirtle Construction Company asked if a moratorium had been placed on building permits at Winding Oaks Subdivision. Mr. Rob Corbitt of Building and Zoning said the permits were available to be issued pending the submission of all proper documents. Mr. Corbitt said one permit had been issued after proper documentation was presented.
Mr. Greg Beauchamp, County Attorney, said there was not a moratorium in effect but he was still concerned about the exposure at the railroad crossing without an agreement from the railroad for purchasers of land in the subdivision.
Mr. Schlusemeyer said he had requested new figures from the railroad for repairing the railroad crossing and upon receipt of this information their firm would be posting the bond and would bring the agreement to the county for approval. Mr. Schlusemeyer said all purchasers of property in the subdivision were aware of the problem with the railroad crossing.
ROADS, COUNTY
Mrs. Shannon Fine asked for consideration on repairing the road to her home in Cedar Haven Estates which is impassable when the road is wet. Chairman Yearty asked Mr. Justin Watson to assist Mrs. Fine with the procedure releasing a road easement to the county by land owners. Chairman Yearty told Mrs. Fine the county could take no action unless it owned the property for the road.
ROAD DEPARTMENT
Mr. Skip Hammell said he had discussed the Diversified subdivision road problem with the owner and county attorney, Mr. Greg Beauchamp. Mr. Hammell said the owner of the subdivision has said that he will repair the roads and this will allow the permits to be issued by the road department. Comm. Foley asked Mr. Hammell to write a letter confirming the verbal agreement with the land owner.
Mr. Skip Hammell requested the following roads to be repaired on a one (1) time basis:
NW 61st Lane, Crestfield Trading Subdivision, deeded right-of-way
Comm. Lindsey moved to approve the maintenance on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
Williston Gardens Subdivision, 60' dedicated right-of-way
Comm. Davis moved to approve the maintenance on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
Mr. Skip Hammell said a request had been made to take a road located in the city limits of Fanning Springs into the maintenance system. Mr. Hammell said the county constructed the road in 1976 and it had been deeded over by the land owner. The road is as follows:
NW 174th Street, 0.23 miles long, paved road
Comm. Foley moved to accept the road into the maintenance system. Comm. Davis seconded and the MOTION CARRIED.
GRANT
Mr. Billy Cobb said a request had been received from the health department concerning Levy, Dixie and Gilchrist counties for a 100 percent grant for medication and hospitalization needs of low-income children. Comm. Dean moved to approve signing the grant. Comm. Davis seconded and the MOTION CARRIED.
LIBRARY
Ms. Patsy Marsee with the Central Florida Regional Library asked the agreement for the library be accepted. Ms. Marsee said the major change is Marion County is now the governing board instead of the City of Ocala. Mr. Greg Beauchamp, County Attorney said he had reviewed the agreement and advised section 12A be deleted as it makes the county responsible for the buildings in five (5) locations and the county does not own nor have control of the buildings. Mr. Beauchamp said the county primarily provided funding for the libraries in the agreement and did not control the buildings. Mr. Beauchamp said he spoke with Marion County Commission and they requested 12A be retained in the agreement and inter-local agreements be obtained from each municipality involved. Mr. Douglas M. McKoy, Clerk of Court said that a quarterly billing would be better in lieu of a monthly billing. Comm. Foley moved to approve the agreement subject to the changes requested in obtaining interlocal agreements from the municipalities and a quarterly billing. Comm. Lindsey seconded and the MOTION CARRIED.
Chairman Yearty said the TRIM hearing will be held on September 17, 1997 and Ms. Marsee or a representative of the library should attend.
ZONING
Mr. Rob Corbitt read the following petition for a zoning change as follows:
Petition No. CZ-00346 - Walter Baynard and Company, petitioning for a Change of Zoning from Rural Residential (RR) to Moderately Intensive Commercial (C-3) to allow wholesale distribution, on a parcel of land located in Eleston’s Addition to Williston, Lots 17, 18, 19, 20 and 21, Block F, in Section 6, Township 13S, Range 19E.
Mr. Corbitt said one letter of opposition was received by the planning commission from Deanna Stewart, address unknown.
Mr. George Sandora of the Levy County Development Authority said this would bring eight (8) to ten (10) jobs into the county and was in support of the zoning change.
Mrs. Linda Baynard asked for support of the zoning change.
Mr. Corbitt said the Planning Commission recommended approval of the zoning change.
Comm. Davis moved to approve the petition CZ-00346 as presented. Comm. Dean seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mrs. Jacqueline Martin, Board Secretary, said the agreement with the Levy Forestry Camp had been received and needed approval. Mr. Greg Beauchamp said there was one change which was changing the hold harmless agreement and was a benefit to the county.
Comm. Dean moved to approve the agreement. Comm. Davis seconded and the MOTION CARRIED.
ORDINANCES
Mr. Greg Beauchamp said a draft of the noise ordinance had been distributed for review. Chairman Yearty said a public hearing will be advertised for consideration of a noise ordinance in the future after a complete review of the draft ordinances provided by Mr. Beauchamp.
LANDFILL
Mr. Greg Beauchamp said he reviewed the household hazardous waste collection contract presented by Laidlaw Environmental Services, Inc. with Mr. Billy Cobb. Mr. Beauchamp said they were awarded the waste collection contract from their low bid previously submitted and approved on July 22, 1997. He said the contract is similar to past contracts and it is prepared on a unit price. Comm. Davis moved to approve the contract with Laidlaw Environmental Services, Inc. Comm. Lindsey seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Greg Beauchamp said notification had been received from Florida Commission on Human Relations that they had reopened the case filed by Mrs. Sarah Miller and an administrative hearing would be scheduled.
PROPERTY APPRAISER
Mr. Greg Beauchamp said the litigation between the Property Appraiser and the Value Adjustment Board (VAB) is scheduled for court on September 10, 11, 12, 1997.
ROAD CLOSING
The public hearing advertised for 10:30 a.m. for the closing of a drainage ditch located north of CR343C was opened and Mr. Greg Beauchamp read the legal description. Mr. Skip Hammell said the ditch was no longer used and vegetation has grown over the site. Mr. Hammell said abandoning the ditch would not affect any property in the area. There was no opposition to the closure.
Comm. Davis moved to abandon the drainage ditch and to adopt the resolution. Comm. Foley seconded and the MOTION CARRIED.
INSURANCE
Comm. Foley said the committee had met with various insurance representatives on the submitted bid proposals. Comm. Foley said additional time was needed to further review the quotes. Comm. Foley moved to delay the recommendation from the committee until the next regular meeting. Comm. Lindsey seconded and the MOTION CARRIED.
Comm. Foley said spraying along some fence lines caused damage to some watermelon crops. Comm. Foley said the insurance carrier had denied coverage for the loss. Comm. Foley said Mr. Robert Thompson had submitted a complete breakdown of his loss for approximately $3,000.00. Comm. Foley moved to authorize payment to Mr. Robert Thompson upon his signing a release and other pertinent documents through the county attorney. Comm. Dean seconded and the MOTION CARRIED.
Comm. Foley said another claim had been filed by another farmer but proper documentation had not been received substantiating the loss. He said a request was also being made for the insurance carrier to reconsider the denial of the claims.
MISCELLANEOUS
Comm. Dean asked if further development had been made on refunding for the "per parcels". Chairman Yearty asked Mr. Greg Beauchamp to have a recommendation on how the refunds should be handled for the meeting on September 9, 1997.
CLERK OF COURT/TO BOARD
Mr. Douglas M. McKoy said the TRIM notices were mailed on August 25, 1997 and the Value Adjustment Board (VAB) hearings should be scheduled and the members of the board appointed.
Comm. Davis moved to schedule the first hearing of the Value Adjustment Board (VAB) for October 8, 1997. Comm. Dean seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. C. W. Gilbert said he was having difficulty in obtaining documents from the Commissioner’s office. Mr. Gilbert said he was concerned about a document which was sent to the Health Department and he was said to be the author of the document and he wanted to see the document to determine if it was a document he wrote. Mr. Billy Cobb said the health department had sent a copy of the document but he did not retain a copy and did not consider it to be a public document since it was unsigned and was not posted through the mail. Mr. Greg Beauchamp, county attorney said it did not appear to be a public document and it was recommended for Mr. Gilbert to check to see if the health department had retained a copy of the document.
PLANNING, COUNTY
Chairman Yearty reconvened the regular meeting at 1:00 p.m. for interviews of prospective applicants for County Planner. He said there were two (2) applicants to interview, Ms. Krista Kelly and Mr. Herb Heesch.
Ms. Kelly said she was employed with Marion County as senior planner and had experience working with Florida Department of Community Affairs (DCA), comprehensive land use plans, ordinances, land development codes, administrative, and zoning.
Mr. Heesch said he has worked as a consultant for the county for fifteen (15) years and was familiar with the comprehensive land use plan, land development codes, zoning, administrative and ordinances.
Comm. Foley moved to hire Mr. Herb Heesch as county planner. The motion died for lack of a second.
Comm. Davis moved to hire Ms. Krista Kelly as county planner. Comm. Lindsey seconded and the MOTION CARRIED with Comm. Foley dissenting.
Ms. Krista Kelly said she would accept the position at $35,000.00 annually with consideration of an increase in six (6) months. Ms. Kelly said she would be able to begin employment on October 6, 1997.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Sammy Yearty, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court