REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 7, 1997
The Regular Meeting of the Board of Levy County Commissioners was held on October 7, 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.
EXPENDITURES
The following expenditures were presented for payment. Comm. Dean moved to approve the expenditures for payment. Comm. Davis seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 10007-10115 (VOIDS 10105; 10020 )
GENERAL FUND $562,461.21
ROAD & BRIDGE FUND 8,182.91
LOCAL HOUSING ASSISTANCE 6,530.00
FINE & FORFEITURE FUND 2,126.28
LANDFILL & RECYCLING 121.65
FLORIDA POWER GRANT FUND 326.70
EMERGENCY MEDICAL SERVICE 3,604.28
FIRE CONTROL FUND 16,498.00
LOCAL LAW ENF BLOCK GRANT 10,220.96
UTILITIES 1,285.00
SHIP 23,950.00
TOTAL $635,306.99
MINUTES
Comm. Lindsey moved to approve the minutes to the regular meeting of September 16, 1997, special meetings of September 17, 1997 and September 29, 1997. Comm. Davis seconded and the MOTION CARRIED.
ZONING
Mr. Herb Heesch asked for consideration in adjusting the fee schedule for a mixed commercial/residential and recreational Planned Unit Development (PUD). Mr. Heesch said he has a client interested in requesting a permit for a PUD but the application fee for a mixed commercial/residential or recreational PUD is $13,000.00. Mr. Heesch said the application fee for a residential PUD is $3,500.00. Mr. Rob Corbitt said application fees were adopted in 1992-1993 based on findings of the amount of time involved to advertise, inspect and review a mixed or recreational PUD.
Comm. Dean moved to divide the application fee into increments, with 25% of the $13,000.00 payable for the first installment, and the remaining installments be determined on a pro-rata basis based on the number of meetings required. Comm. Lindsey seconded and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen presented two (2) applications for Deferred Payment Loans as follows:
Rodrick R. & Tonya R. Hiers, 10831 N. W. 64th Terrace, Chiefland, FL for $10,000.00.
Comm. Lindsey moved to approve the Deferred Payment Loan Agreement. Comm. Davis seconded and the MOTION CARRIED.
Dana L. Stemple, Chiefland, Florida, $10,000.00.
Comm. Lindsey moved to approve the Deferred Payment Loan Agreement. Comm. Davis seconded and the MOTION CARRIED.
LEASES AND RENTALS
Lieutenant Commander Joe Land, said he has volunteered as skipper for the Resilience, a training ship owned by the Henry & Rilla White Foundation, home based at the pier in Cedar Key. Mr. Land said along with other volunteers they are trying to institute a Naval Sea Cadets program for youths from the ages of 11 years old to 17 years old who are crime free and drug free. Mr. Lane asked the $300.00 a month pier rental fee paid by the White Foundation be waived and allow the Resilience to be moored without charge. Mr. Lane said the White Foundation, if relieved of the $300.00 rental fee on the pier, would apply this amount to the Naval Sea Cadets program.
Chairman Yearty said the pier rental is a user’s fee and the Resilience places a tremendous strain on the pier supports. The pier rental fees assist in offsetting maintenance of the pier. Chairman Yearty asked Comm. Lindsey, Mr. Billy Cobb, and Mr. Wayne Hardee to review the request and to make their recommendations at a regular meeting.
ROAD MAINTENANCE
Mr. Edward Levitzke said his family lives on NW 10th Street outside of Chiefland and the road has severe ruts and pot holes. Mr. Levitzke asked if additional limerock could be placed on the road to build up the base of the road as grading is no longer helping. Mr. Levitsky said he was aware that N. W. 10th Street does not have the density to qualify for paving. Mr. Levitzke further noted that he had a severely handicapped child and it was necessary for the county ambulance to make frequent trips to his house and that, at times, the ambulance could barely travel on the road. Chairman Yearty asked Mr. Jimmie Jerrels to inspect the road and attempt to stabilize the base within the work schedule of the Road and Bridge Department.
CONTRACT AND AGREEMENTS
Mr. Billy Cobb, Administrative Assistant to the Board, asked for an interlocal agreement with Fanning Springs for animal control be adopted. Comm. Davis moved to authorize the interlocal agreement. Comm. Dean seconded and the MOTION CARRIED.
SCHOOLS
Mr. Billy Cobb said the school board had made a request for 16 yards of fill sand for the construction of an addition to the gym at Cedar Key School. Mr. Cobb said the school board would provide reimbursement following the usual procedure. Comm. Lindsey moved to authorize the request for fill sand. Comm. Davis seconded and the MOTION CARRIED.
WATER WAYS
Mr. Billy Cobb said the United States Coast Guard had sent notice requesting the channel markers located in the Wacassassa River be corrected to their specifications or to remove the markers from the channel within thirty (30) days. Chairman Yearty spoke in opposition to the Coast Guard requiring counties to provide this service, stating that he did not believe it should be the county’s responsibility to maintain channel markers.
After further discussion, Comm. Dean moved to repair the markers as requested by the United States Coast Guard. Comm. Davis seconded and the MOTION CARRIED.
Arising out of the discussion about channel markers, Mr. Cobb advised the Board that the "No Wake" signs near Waccassassa Marina were down. Chairman Yearty directed Mr. Cobb to see that the signs were replaced.
ANIMAL CONTROL
Chairman Yearty requested Mr. Billy Cobb to direct a memorandum to the Animal Control Department to begin picking up the carcasses of small dead animals from the county roadways instead of the Road and Bridge Department.
SHERIFF
Mrs. Lilly Rooks said the task force sub grant award needed acceptance. She said the federal funds are $86,148.00 and the local match funds are $28,716.00 for a total of $114,864.00. Mrs. Rooks said the local match will come from the Law Enforcement Task Force account. Comm. Davis moved to accept the grant award. Comm. Dean seconded and the MOTION CARRIED.
PLANNING, COUNTY
Chairman Yearty introduced Mrs. Krista Kelly, hired as County Planner.
ZONING
Mr. Rob Corbitt read the petition as follows:
William Murphy, petitioning for a Planned Unit Development to allow additional RV spaces, (Phase I - 19 spaces) and (Phase II - 13 spaces) to an existing park (Withlacoochee Backwater Mobile Home Park), in a tract in the NW 1/4 of the NE 1/4 in Section 36, Township 16S, Range 17E, containing 8.63 acres more or less located within a Rural Residential "RR" zone. Planning Commission recommendation: Approval with the stipulation that Phase II will obtain the required documentation from all other necessary agencies (i.e. SWFWMD, Environmental Health etc.)
Mr. Corbitt said all requirements have been met for the protection of the environment and would compliment the area. There was no opposition to the petition.
Comm. Dean moved to approve the Planned Unit Development (PUD) with the recommendation of the Planning Commission. Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Skip Hammell said the following requests have been made for maintenance on a one (1) time basis:
SW 123rd Terrace in Cedar Key Heights, 50' deeded right-of-way
Comm. Lindsey moved to approve the request. Comm. Foley seconded and the MOTION CARRIED.
NE 85th Street in Forest Park, Unit 2; NE 110th Avenue in University Estates and NE 105th Avenue from NE 88th Lane to NE 80th Street in University Estates. (Approximately 15 loads of rock will be used.)
Comm. Dean moved to approve the request. Comm. Davis seconded and the MOTION CARRIED.
NE 67th Street in Bronson Heights, 3rd Addition, 50' deeded right-of-way.
Comm. Dean moved to approve the request. Comm. Davis seconded and the MOTION CARRIED.
NE 50th Place, NE 139th Terrace, NE 52nd Place, NE 139th Terrace in B&R, Unit 6, 50' dedicated right-of-way.
Comm. Dean moved to approve the request. Comm. Lindsey seconded and the MOTION CARRIED.
Mr. Ed Arrington said there is a large hole at NE 100th Avenue and NE 74th in Bronson Heights. Chairman Yearty directed Mr. Skip Hammell to view the site and verify if the road is dedicated to the public.
Comm. Dean moved to approve a one (1) time maintenance if the road is dedicated to the public. Comm. Davis seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Ed Arrington said illegal dumping is taking place at a pit on NE 76th. Mr. Arrington said he had contacted the Levy County Sheriff Office, the Florida Freshwater Fish and Game and Department of Environmental Regulation (DER) to attempt to prevent the illegal dumping. Chairman Yearty directed Mr. Billy Cobb to contact the Florida Marine Patrol who handles illegal dumping and report the illegal dumping.
SUITS
Mr. Greg Beauchamp said a lawsuit has been filed in federal court by an inmate Balthsar A. Szalkay, against the county and Duane Dykstra with the Levy County Sheriff’s Office. Mr. Beauchamp asked for authority to refer the case to Mr. Robert Moeller who has handled this type of suit for the county in the past. Mr. Beauchamp said Mr. Moeller’s billings are reasonable.
Comm. Davis moved to refer the suit to Mr. Robert Moeller. Comm. Dean seconded and the MOTION CARRIED.
ROAD CLOSING
Mr. Greg Beauchamp said Mr. John Waples had requested a road closing for the following:
That certain 16.5 foot alley lying between Lots 17 & 18, Block 12 and Lots 41 & 42, Block 12, of Fannin Springs Annex, as recorded in Plat Book 3, Page 31, of the Public Records of Levy County, Florida.
Mr. Beauchamp said all filing fees had been submitted and read the prepared resolution into the record. Comm. Davis moved to adopt the resolution. Comm. Davis seconded and the MOTION CARRIED.
TAX CERTIFICATES
Mr. Greg Beauchamp presented a list of lands available for taxes from the tax deed sale of October 6, 1997 on the following certificates:
Certificate No. 593-95
Certificate No. 594-95
Certificate No. 595-95
Certificate No. 605-95
Certificate No. 606-95
Certificate No. 609-95
The lands were formerly assessed to Michael Moecker & Associates, Inc., as Trustee for Cenvill Development Corp. and Diversified Land Investments, Inc.
MUNICIPALITIES
Mr. Greg Beauchamp said the Town of Yankeetown had requested an interlocal agreement concerning the zoning of docks on the Withlacoochee River. Mr. Beauchamp was directed to notify the Town of Yankeetown to consider annexation from the center of the river to the edge.
ZONING
Chairman Yearty opened a public hearing for a zoning amendment to Chapter 79 of Land Development Regulations at 10:30 a.m.. Mr. Greg Beauchamp read the proposed ordinance providing for amendment to Chapter 79, Zoning of Levy County Land Development Regulations to allow homestead density exception; providing for parcel size and zones; providing for prohibited areas, eligibility, platting and recording; providing for limitations; providing for effective date within the ordinance.
Mrs. Gilreath said the ordinance was more restrictive than people may like but that it was acceptable.
Comm. Davis moved to adopt the ordinance amendment to Chapter 79 of the Land Development Regulations. Comm. Dean seconded and the MOTION CARRIED.
The public hearing was closed.
COMMISSIONERS
Chairman Yearty asked Mr. Rob Corbitt to check the progress of Mr. Howard Cook’s request for an amendment to the comprehensive land use plan to determine if further action by the county is needed at the present.
Comm. Foley said Mr. Bobby McCallum with the Sheriff Office had asked if any financial assistance was available for the shelter for abused women. Comm. Foley said a contractor wanted to foreclose on the building.
Comm. Foley moved to give $6,500.00 to the operation of the abuse shelter. Comm. Dean seconded and the MOTION CARRIED.
TAX ADJUSTMENT BOARD
Chairman Yearty appointed Comm. Lindsey, Comm. Foley, and Comm. Davis to the Value Adjustment Board (VAB) and Comm. Dean as an alternate.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED
Sammy Yearty, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court