REGULAR MEETING
BY COUNTY BOARD OF COUNTY COMMISSIONERS
November 4, 1997
The Regular Meeting of the Board of Levy County Commissioners was held on November 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 Sheriff Ted Glass followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
The following expenditures were presented for payment. Comm. Dean moved to approve the expenditures as presented for payment. Comm. Davis seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 10296-10473 (VOIDS: 10297; 10310)
GENERAL FUND $551,908.26
ROAD & BRIDGE FUND 8,408.85
LOCAL HOUSING ASSISTANCE 12,305.00
FINE & FORFEITURE FUND 4,922.34
EMERGENCY 911 119.00
LANDFILL & RECYCLING 5,975.11
LAW ENFORCEMENT TRUST FUND 2,905.97
COURT FACILITIES FUND 2,454.04
EMERGENCY MEDICAL SERVICE 2,553.69
FIRE CONTROL FUND 24,346.04
ST GRANT - JUVENILE JUSTICE 59.00
UTILITIES FUND 959.81
MSTU-RAINBOW LAKES ESTATE 125.86
TOTAL $617,042.97
MINUTES
Comm. Davis moved to adopt the minutes for the regular meeting of October 21, 1997. Comm. Dean seconded and the MOTION CARRIED.
PARKS AND RECREATION
Ms. Carolyn Risher, mayor of the Town of Inglis, said she thanked the board for supporting the South Levy Park. Ms. Risher said they are applying for another grant to complete the ball fields and asked if any assistance for paving the road to the park by the county could be given. Chairman Yearty asked for a complete engineering report to be submitted before any commitment could be made. Ms. Risher said she wanted the county to have the first opportunity before contacting other private contractors.
HAZARDOUS WASTE
Mr. Billy Cobb said the University of Florida has a program which will provide a semi-truck for collection of pesticide and herbicide containers used by farmers. Mr. Cobb said the county would need to provide a collection point and the University of Florida would pick up, clean and dispose of the containers. Mr. Cobb presented an agreement between the county and the University for consideration. After discussion Comm. Dean moved to allow Chairman Yearty to sign the agreement. Comm. Davis seconded and the MOTION CARRIED.
Mr. Billy Cobb said Amnesty Day has been scheduled for November 22, 1997 and will be advertised locally.
BUILDING AND GROUND
Mr. Billy Cobb asked that authority be given to the Chairman to sign contracts for the construction of the Emergency Management Services building for items under $10,000.00. Mr. Cobb said the construction committee would review all contracts before asking for the Chairman to sign. Mr. Cobb said delays in construction will occur if the contracts are held for the regular meetings. Comm. Davis moved to authorize the Chairman to sign contracts under $10,000.00 within the guidelines set. Comm. Lindsey seconded. Mr. Douglas McKoy asked that two (2) estimates be obtained. Mr. Cobb said in some cases there is only one (1) contractor available for the type of work to be done but all documentation will be provided to support the decisions and the MOTION CARRIED.
PARKS AND RECREATION
Mr. Foster Perry of DAB Construction asked the board to consider establishing a soccer complex in the Inglis area. Mr. Perry said grants are available from the United States Soccer Federation Foundation, Inc. to construct a complex. Chairman Yearty asked Mr. Billy Cobb and the planning staff to review available acreage and viable future land use and report on their findings. Chairman Yearty said he would chair the committee.
Chairman Yearty recognized Mr. Perry for his contributions to the South Levy Park and to south Levy County.
MISCELLANEOUS
Mrs. Winelle Horne with the Levy County Quilt Museum extended an invitation to the 14th Annual Quilt Show and Open House scheduled for Monday December 1 through Sunday December 7, 1997. Mrs. Horne said many of the goals set this year had been reached and plans are to have the museum operating seven (7) days week next year. Mrs. Horne said the Levy County Quilt Museum has the distinction of being the only one of its kind in the State of Florida. Mrs. Horne said a living history of the Civil War will be held during the Quilt Show and Open House in December.
RESOLUTIONS
Mr. Greg Beauchamp said Senator George Kirkpatrick has asked for support of House bill 1073 presently being litigated. Mr. Beauchamp said the basic premise of the bill supports projects which have fully approved permits on local, state and federal levels and cannot have stricter rules or standards imposed at a later date by an organization or individual. Mr. Beauchamp read into the record a resolution supporting the legislation. Mr. Beauchamp said the resolution would place the county as an intervenor, along with other counties in North Florida, with the Attorney General’s office on litigation challenging the constitutionality of the bill. Comm. Foley moved to adopt the resolution. Comm. Lindsey seconded and the MOTION CARRIED.
UTILITIES
Mr. Greg Beauchamp said Manatee Utilities had been abandoned by the owner and the county is required by law to assume responsibility. Mr. Beauchamp said a meeting has been held with the consumers on the operation of the utility. Mr. Beauchamp said the owner University Oaks water system is in the process of abandoning that system and requests are being made for hook up and service to the system. Mr. Beauchamp said a connection fee needs to be established for installation, hook up and meters. Mr. Beauchamp read a resolution into the record adopting a connection fee of $300.00 for Manatee Utilities and University Oaks to cover the cost of the meter and cut off valve. Mr. Beauchamp said Mr. Dick Tummond and Mr. Douglas McKoy, Clerk of Court have been responding to calls and working on a billing and maintenance system for the utilities. Comm. Davis moved to adopt the resolution imposing a $300.00 connect fee. Comm. Dean seconded and the MOTION CARRIED.
TAX DELINQUENT
Mr. Greg Beauchamp said a list of lands were auctioned for public sale at a Tax Deed Sale on October 28, 1997 and can now be placed on a "List of Lands Available for Taxes". Mr. Beauchamp requested that the list of lands be attached as part of the record due to the length of the list.
SUITS
Mr. Greg Beauchamp, County Attorney said the ruling on the litigation of the 1994 Value Adjustment Board (VAB) had been received from Judge Doughtie. Mr. Beauchamp said the ruling upheld the Property Appraiser’s position. Mr. Beauchamp asked for authority to discuss with the Property Appraiser and Tax Collector the 1995 and 1996 Value Adjustment Board (VAB) hearings in an attempt to resolve the issues without further litigation. Mr. Beauchamp said the issues of the 1997 Value Adjustment Board (VAB) are pending until the Department of Revenue indicates if they are concurring with the Property Appraiser on property values. Chairman Yearty advised Mr. Beauchamp to proceed in the best interests of the county.
County Attorney, Greg Beauchamp said the gender discrimination suit filed by Mrs. Sarah Miller was heard by the Human Relations Commission Administrative Law Judge on October 24, 1997 and October 27, 1997. Mr. Beauchamp said the order with the ruling should be received within thirty (30) days after the close of the hearing.
ROAD AND BRIDGE DEPARTMENT
Mr. Justin Watson requested authorization to advertise for bids on the following:
one (1) mowing tractor
two (2) 15' mowers
Chairman Yearty said the equipment account has budgeted for the purchases and the equipment will be needed next year. Comm. Dean moved to advertise for bids on the equipment. Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
Mow paved portion of NE 115th Avenue in Oak Ridge Estates, patch holes at end of pavement with rock, dedicated right of way flat bed of rock needed, District 1.
Comm. Dean moved to approve the maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
NE 70th Street, University Estates, deeded right of way, 3/4 miles long, 5 loads of rock, District 1.
Comm. Dean moved to approve the maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
NE 90th Street from NE 105th Avenue to NE 100th Avenue, University Estates, with deeded right of way, 1/4 mile long, 6 loads of rock or clay, District 1.
Comm. Davis moved to approve the maintenance on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
NE 88th Lane from NE 105th Avenue to NE 102nd Court, University Estates, with deeded right of way, 1/4 mile long, 3 loads of rock, District 1.
Comm. Dean moved to approve the maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
NW 128th Place from NW 113th Avenue to NW 110th Avenue, dedicated right of way, 5 loads of rock, District 4.
Comm. Lindsey moved to approve on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
NE 96th Avenue in Bronson Heights, two loads of rock and grade.
Comm. Davis moved to approve on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
Mr. Douglas McKoy asked if the Road Department could place a curve sign or dead end sign on NE 105th Avenue known as Andee Avenue. Chairman Yearty told Mr. Justin Watson to comply with the request.
MSTUs
Comm. Dean said Mr. Justin Watson had investigated Oak Ridge Estates at the request of the residents on paving the roads in the subdivision and creating a Municipal Service Taxing Unit (MSTU). Comm. Dean said a MSTU could be set up in Oak Ridge Estates at a rate of $20.00 per parcel. Comm. Dean said Mr. Watson would be contacting the residents at Oak Ridge Estates with this information.
ROADS, COUNTY
Comm. Foley asked for consideration of Morris Avenue also known as CR 359 from Backwater Farm sites to Kitty Lane in Graceland Shores be placed on the paving list. Comm. Foley moved to place Morris Avenue on the paving list. Chairman Yearty said that permits have been obtained for this section of road and requested that the permits not be allowed to expire. Comm. Lindsey seconded and the MOTION CARRIED.
Comm. Davis moved to place a section of CR 502 on the paving list. Comm. Dean seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petitions for new business:
Petition No. HA.VA.-00357 - William Baker, petitioning the Board for a Hardship Variance to allow a second dwelling in order for his daughter (Sharon Hertzlendy) to care for him on a parcel of land located in the S1/2 of the SE 1/4 of NE 1/4 of the SE 1/4 in Section 1, Township 13S, Range 14E, in Levy County. Said parcel contains 5 acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone.
Comm. Lindsey moved to approve the petition for a hardship variance. Comm. Dean seconded and the MOTION CARRIED.
Petition No. PP-00236 - Pardue Land Surveying representing Loyann Mann, petitioning the Board for a Preliminary Plat of "Buck Bay", a subdivision located in the SE 1/4 in Section 27, Township 11S, Range 14E, in Levy County. Said parcel contains 160 acres more or less and is located within a Rural Residential (RR) zone. The Planning Commission recommends approval pending clarification by county attorney if dedication of recreation and open space must be shown in plat as indicated by Land Development Regulations or should a variance be obtained.
Mr. Greg Beauchamp said he would need to review the plat and the planning commission recommendation and would report at the next regular meeting. Mr. Beauchamp said that Mrs. Mann is a cousin but this would not interfere with his decision nor cause a conflict. Comm. Davis moved to continue the petition to the meeting on November 7, 1997. Comm. Lindsey seconded and the MOTION CARRIED.
Petition No. FP-00180 - Mills Engineering representing Kurt Huber, petitioning the Board for a Final Plat of "Stellina" a subdivision located in the S ½ of the NE 1/4 of the SE 1/4 in Section 26, Township 12S, Range 18E, in Levy County. Said parcel contains 20.15 acres more or less and is located within a Rural Residential (RR) zone. The Planning Commission recommends approval.
Mr. Rob Corbitt said a request had been made by the petitioner to postpone the hearing on the petition until the regular meeting on December 2, 1997. Comm. Davis moved to delay the petition being heard until December 2, 1997. Comm. Dean seconded and the MOTION CARRIED.
MUNICIPALITIES
Ms. Heather Alexander, Board Secretary said notice had been received from the Chiefland Chamber of Commerce for the 7th Annual Christmas Festival scheduled for December 6, 1997.
AGENCIES
Ms. Heather Alexander said the Withlacoochee Regional Planning Council had asked for an appointment to the Council for the position presently held by Comm. Dean which expires December 11, 1997. The new term will begin December 12, 1997 and end December 13, 2000. Comm. Davis moved to reappoint Comm. Dean to the Council. Comm. Lindsey seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Osborne Barker asked for authorization to advertise for bids for a built-up 3-ply fiberglass cap seat for the Emergency Management Services building under construction. Comm. Davis moved to advertise for bids. Comm. Dean seconded and the MOTION CARRIED.
SHERIFF
Sheriff Ted Glass said he had returned $62,864.00 from his reserve account for fiscal year 1996-1997. Sheriff Glass said $51,600.00 was reserve money and $11,264.00 was interest earned from accounts.
Sheriff Glass said consideration should be given to a county wide radio communication system. He said Intercom Communication Corporation is presently constructing a super tower for the Sheriff’s Office in the Gulf Hammock area and the Emergency Management Services antenna could be moved from the existing tower to provide a wider area of coverage. Sheriff Glass asked if a task force could be appointed to review the radio communication system in the county. Vice Chairman Foley appointed Mr. Billy Cobb, Mr. Bill Beddow, Sheriff Glass and himself and said a member from the school board would be asked to serve on the task force.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement :
James D. and Bobbie Jean MacDonald, 51 NE 160th Avenue, Williston, for $10,000.00
Comm. Davis moved to approve the Deferred Payment Loan Agreement. Comm. Dean seconded and the MOTION CARRIED.
GRANTS
Mrs. Carol McQueen said a Citizens Advisory Task Force should be appointed to begin discussions on an appropriate project for a Community Development Block Grant (CDBG) application. Mrs. McQueen said the application should be made in February, 1998 for the following year.
Mrs. McQueen said the Economic Development Block Grant in Inglis is being closed out.
COMMISSIONERS
Comm. Dean said he had several requests to stripe CR 339 and asked the Road and Bridge Department to investigate and determine if new striping is needed.
COUNTY EMPLOYEES
Comm. Dean read a personnel recommendation from the Development Department requesting a change of classification for Jennifer Davis from Clerk Typist II, grade 4 step 2, at $7.4830 per hour, to Administrative Assistant I, grade 14, step 1, at $7.9830 per hour effective November 10, 1997. Comm. Dean moved to approve the recommendation for change of classification. Comm. Davis seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Sammy Yearty, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court