REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

December 2, 1997

 The Regular Meeting of the Board of Levy County Commissioners was held on December 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 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 bills as presented. Comm. Davis seconded and the MOTION CARRIED.

 FUND                                                              AMOUNT
CHECK NUMBERS: 10768-10938 (VOIDS 10767; 10780)

 GENERAL FUND                                         $92,323.52

 ROAD & BRIDGE FUND                               26,061.97

 LOCAL HOUSING ASSISTANCE                  2,397.75

 FINE & FORFEITURE FUND                          9,500.15

 EMERGENCY 911                                               100.01

 LANDFILL & RECYCLING                             7,398.97

 LAW ENFORCEMENT RUST FUND              7,200.00

 COURT FACILITIES FUND                                 69.71

 FLORIDA POWER GRANT FUND                      65.50

 EMERGENCY MEDICAL SERVICE               3,002.18

 INTERGOVERNMENTAL COMMUN          12,462.00

 UTILITIES FUND                                                315.50

 MSTU-RAINBOW LAKES ESTATE                  123.38

                                                        TOTAL $161,020.64

 MINUTES

Comm. Davis moved to approve the minutes of the regular meeting on November 18, 1997. Comm. Lindsey seconded and the MOTION CARRIED.

 RESOLUTION

Mr. Greg Beauchamp read a resolution requesting a reduction in permit processing fees as allowed under Chapter 218.075, Florida Statutes and the adoption of section 40B-1.706(3), Florida Administrative Code by the Florida Department of Environmental Protection for counties with a population of 50,000 or less and municipalities with a population of 25,000 or less and the ad valorem operating millage rate for the current fiscal year is greater than 8 mills. The resolution requests the Department of Environmental Protection to reduce the processing fee for public purpose projects to a fee not to exceed $100.00 per permit for the 1998 Fiscal Year.

Comm. Dean moved to adopt the resolution. Comm. Lindsey seconded and the MOTION CARRIED.

 ROAD & BRIDGE DEPARTMENT

Ms. Heather Alexander opened the bids received for equipment for the Road & Bridge Department at 9:00 a.m., as advertised. The following bids were received:

Brookins Tractor Corporation - two (2) new bush hog model 2615LR heavy duty flex wing, rotary mower. $7,845.00 each - Total cost $15,690.00

 Brookins Tractor Corporation - one (1) new John Deere model 6400, 4 wheel drive tractor Total cost $34,613.00

Ms. Alexander said no other bids were received from the advertised invitation to bid. Chairman Yearty appointed Mr. Skip Hammell, Mr. Billy Cobb, Mr. Kelly Jerrels, Mr. Jimmie Jerrels to review the bids specifications.

Mr. Skip Hammell said the bid specifications were reviewed and met the requirements of the advertised bids. Comm. Foley moved to accept the submitted bids for the two bush hogs and the tractor from Brookins Tractor Corporation. Comm. Dean seconded and the MOTION CARRIED.

 AGENCIES

Mrs. Ruthanne Jansen of the Withlacoochee Workforce Development Authority said legislative mandates required welfare individuals to work a minimum of 20 hours per week to be eligible for welfare benefits. Mrs. Jansen said if the individuals are unable to find regular employment they must volunteer for employment for a minimum of 20 hours per week.

Mr. Chuck Walker, job developer for the Withlacoochee Workforce Development Authority presented a packet on the Community Service Work Experience Program. Mr. Walker asked for county support to find volunteer positions for individuals receiving welfare benefits. Mr. Walker said work sites have been developed with the City of Inglis, the City of Chiefland, the City of Cedar Key, Levy County School Board and Levy Association of Retarded Citizens. Mr. Walker said the program runs from one (1) month to six (6) months and the individuals are covered by the Worker’s Compensation coverage through the state. Mr. Greg Beauchamp said the contract would need reviewing to determine if there would be any adverse affects with union contracts. Mrs. Jansen said the "volunteers" would not displace county employees and do not accrue any benefits from the county. Mrs. Jansen said consideration was given to the union contracts in developing the work program.

Comm. Foley moved to support the contract agreement with Withlacoochee Workforce Development Authority and allow contact with county departments subject to the approval of the contract conditions by the county attorney. Comm. Lindsey seconded and the MOTION CARRIED.

GRANTS

Mrs. Carol McQueen said the Citizens Advisory Task Force (CATF) needed to be appointed to begin the required public hearings for the grant application to be submitted in February. Mr. Douglas McKoy read the list of citizens to be appointed to the Task Force as submitted by the board. The following citizens were appointed to the Citizens Advisory Task Force:

Mr. Frank Schuler, Mr. John H. Donaldson, Mr. Cliff Norris, Mr. Walter McJordan, Mr. Doug King, Mr. Hugh Alexander, Mr. George Stephens and Mr. Hank Radacky.

Mrs. McQueen said if the welfare "volunteer" work program is supported by the county it would allow additional credits on the Community Development Block Grant applications.

 AGENCIES

Mr. Greg Beauchamp said the agreement for the 1997-1998 fiscal year with the Levy County Development Authority has been reviewed and is ready for approval. Mr. Beauchamp said the agreement will resolve the first quarter appropriations. Mr. Beauchamp said the agreement for the 1996-1997 fiscal year had not been executed and was being presented to properly close the 1996-1997 fiscal year and needed the appropriate signatures. Comm. Davis moved to authorize the execution of both agreements with the Levy County Development Authority. Comm. Lindsey seconded and the MOTION CARRIED.

Mr. Douglas McKoy said the 1996-1997 fiscal year agreement was not on record, however, there was a motion on the record to sign the agreement. Comm. Davis moved to sign the 1996-1997 agreement with the Levy County Development Authority for a matter of record. Comm. Lindsey seconded and the MOTION CARRIED.

 MSTUs

Mr. Greg Beauchamp said a public hearing has been advertised for December 30, 1997 at 10:00 a.m. to consider a resolution on MSTUs to provide road maintenance and uniform collection of the assessment for those subdivisions and Rainbow Lakes Estates. There was no objection from the board on the scheduling of the public hearing as recommended by the county attorney.

 ROAD MAINTENANCE

Mr. Skip Hammell presented a request for one (1) time maintenance on the following:

Debra Street in Cason’s Inglis Acres, Units 9 & 10, 50' dedicated right-of-way, 0.61 miles long, six (6) loads of rock and grade.

Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Lindsey seconded and the MOTION CARRIED.

Comm. Dean asked Mr. Skip Hammell to contact the City of Bronson and request them to repair the depressions created by their road work on CR 337 and to level out the area along the roadway.

 TAX ROLL

Mr. Billy Cobb said the following requests for Certificate of Correction of Non-Ad Valorem Assessment Rolls had been received:

Mr. Henry Brown to remove the $9.00 fire tax for his property known as Dog Island. Mr. Cobb said a fire truck would not be able to reach the island and a fire on the island would not affect any other property owners.

Comm. Lindsey moved to authorize the correction of the Non-Ad Valorem Assessment. Comm. Davis seconded. Comm. Dean asked if a precedence would be set by this action for other lands. Mr. Greg Beauchamp said each request would need to be considered on a case by case basis and the MOTION CARRIED.

Mr. Phillip Strong for his property located in Otter Creek which has been adjusted to an unimproved lot by the Property Appraiser.

 Comm. Lindsey moved to approve the request. Comm. Dean seconded and the MOTION CARRIED.

T. J. & Betty Storch, Virginia Livingston, Thomas & Delories Days, and J. M. Bauer Trust were approved last year, however the coding by the Property Appraiser office was not changed and the property has appeared on the current tax roll incorrectly and this is a procedural correction.

Comm. Dean moved to approve the correction. Comm. Davis seconded and the MOTION CARRIED.

 MUNICIPALITIES

Mr. Billy Cobb said the City of Chiefland has made a written request for assistance to widen NW 4th Drive located within their city limits. The City of Chiefland has requested the assistance of Mr. Jimmie Jerrels for two (2) days, dump trucks for three (3) days, a front end loader and a sidewinder. Comm. Foley said this request had been made previously by the city and it is not county policy to assist municipalities on road construction unless they pay for the actual costs incurred by the county. Chairman Yearty said the local gas tax is divided equally among the municipalities and the county according to an established formula. Mr. Cobb asked if the sidewinder which attaches to a grader could be loaned to the city free of charge. Comm. Foley moved to allow the City of Chiefland to utilize the sidewinder and to have the expertise of Mr. Jimmie Jerrels. Comm. Dean seconded. Chairman Yearty said a motion was not necessary and requested Mr. Cobb to notify the city of the board’s decision.

 SHERIFF

Sheriff Ted Glass asked for authorization for the road department to resurface a ramp at the Williston airport where the department’s helicopter is stored. Sheriff Glass said the cost to resurface would be approximately $1,500.00. Comm. Dean moved to approve the request. Comm. Davis seconded and the MOTION CARRIED.

 ZONING

Chairman Yearty opened the public hearing on zoning at 10:00 a.m. Mr. Rob Corbitt presented the following petitions for consideration:

Petition Number - VA-00358, John Chapman petitioning for a Hardship Variance to allow a second dwelling on order for his son to care for him on a parcel of land located in Fawnwood Estates, Lot 20, in Section 16, Township 11S, Range 14E, in Levy County. Said parcel contains 5 acres more or less and is located in a Rural Residential (RR) zone.

Mr. Rob Corbitt said all pertinent documentation had been submitted for the request and was in order. There was no opposition presented to the request for hardship variance. Mr. John Chapman said assistance was needed from his son now that his health was deteriorating. Comm. Lindsey moved to approve the hardship variance for Mr. Chapman. Comm. Foley seconded and the MOTION CARRIED.

Petition Number VA-00359, Claudia Pirone, petitioning for a Hardship Variance to allow a second dwelling in order for her to care for her mother, Helen Pirone, on a parcel of land located in Forest Park Unit 2, Lot 11, in Section 2, Township 12S, Range 17E, in Levy County. Said parcel contains 4.80 acres more or less and is located within a Rural Residential (RR) zone.

Mr. Rob Corbitt said all documentation had been submitted and was in order for the request. There was no opposition presented from the public. Comm. Dean moved to approve the hardship variance for Ms. Pirone with the understanding that once the hardship ceases to exist the second dwelling must be removed from the property. Comm. Davis seconded and the MOTION CARRIED.

Petition Number - FP-00180, Mills Engineering representing Kurt Huber, petitioning 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.

Mr. Corbitt said this was a tabled petition and all information for the plat was in order. There was no opposition to the petition for the final plat from the public. Comm. Davis moved to approve the final plat for "Stellina". Comm. Dean seconded and the MOTION CARRIED.

Petition Number - PP-00236, Pardue Land Surveying representing Loyann Mann, petitioning 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.

Petition Number - VA-00360, Pardue Land Surveying representing Loyann Mann for a Variance from Chapter 61 Level of Concurrency, Article 1, Section 1.06 (Recreation and Open Space), on a parcel of land 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.

Mr. Rob Corbitt said the Preliminary Plat was reviewed at a previous meeting and approval of the Preliminary Plat would be subject to the petition for the Variance. Mr. Corbitt said the Plat Review committee recommends the approval of the Preliminary Plat if the variance is approved. Mr. Michael Pardue said the subdivision is planned in four (4) phases and the plans call for protection of the large trees on the property. Mr. Pardue said stringent restrictions will be implemented.

Chairman Yearty informed the public this is a hearing on a Preliminary Plat and normally opposition should be addressed before the Planning Board when the Final Plat is scheduled to be heard, however, Chairman Yearty said an exception would be made and allow anyone in opposition to be heard.

Mr. Harry Terstegge submitted a petition signed by residents in opposition to the subdivision.

Mr. John Middleton said it was his understanding the subdivision was originally going to be ten (10) acre tracts and now it has been reduced to one (1) acre tracts. Mr. Middleton said he was concerned about the impact on the population and where children would be expected to play if the park was not a part of the plat. Mr. Middleton said he was also concerned on pollution and ground water levels. Chairman Yearty said the Suwannee River Water Management District would be responsible for this portion of plat approval.

Mrs. Hazel Wood said she was concerned on the impact of the surrounding homes from septic tanks and wells for 150 to 175 homes being built. Chairman Yearty said the Health Department would have to approve the plat.

Mr. Herbert Jesk said he agreed with Mrs. Wood on the additional septic tanks and wells being installed.

Chairman Yearty in response to Mr. Harry Terstegge’s inquiry on the Land Development Regulations said they were public record and anyone could contact the Building and Zoning Department for the information.

Mr. George Sandora stated that he represented Mrs. Mann and Mr. David Meeks through the public hearings when the zoning changes were approved and he was aware of at least nine (9) state agencies which have reviewed the revised plan and it is consistent with state rules.

Comm. Dean said a denial must be base on findings of fact and must be factual and not presumptuous, therefore, a heavy burden is placed on the average citizen who is in opposition.

Comm. Lindsey moved to approve the petition for the Preliminary Plat and the petition for the variance on "Buck Bay" subdivision. Comm. Davis seconded and the MOTION CARRIED.

 ORDINANCE

Mrs. Kris Kelly, County Planner presented the draft of the proposed junk and debris ordinance. Chairman Yearty authorized the public hearing to be scheduled for Tuesday, January 20, 1998 during the regular meeting.

 MISCELLANEOUS

Mrs. Carol McQueen extended an invitation from the City of Fanning Springs for the Festival of Lights on December 13, 1997. Mrs. McQueen said the festival will be held at the state recreational area beginning at 9:00 a.m. and the boat parade will begin at 7:00 p.m.

 CONTRACTS AND AGREEMENTS

Mr. Greg Beauchamp said he had received four (4) of the five (5) interlocal agreements with the local branch libraries. He said agreements were received from the City of Chiefland, the City of Williston, the City of Bronson, and the City of Cedar Key. Mr. Beauchamp said the agreement for Yankeetown is with the Women’s Club and should be received soon. Comm. Dean moved to approve the interlocal agreements for the libraries with Chiefland, Williston, Bronson and Cedar Key. Comm. Davis seconded and the MOTION CARRIED.

 AGENCIES

Comm. Davis said a recommendation has been for the Levy County Development Authority to increase their board from five (5) members to seven (7) members. Comm. Davis said the existing board members would remain and two new board members would need to be appointed. Comm. Davis moved to approve the recommendation to increase the Levy County Development Authority board to seven (7) members. Comm. Dean seconded and the MOTION CARRIED.

 EMERGENCY MANAGEMENT SERVICES

Comm. Davis said an invitation to bid for approximately 3,960 SF built up tapered insulation and 3-ply membrane roofing to include wood blocking, flashing aluminum gutter and down spouts needed authorization. Comm. Davis moved to advertise the invitation to bid for the roof construction as requested. Comm. Dean seconded and the MOTION CARRIED.

CLERK OF COURT/TO BOARD

Mr. Douglas McKoy reported on the traffic violations within the county and the fines collected and consideration of an increase of the civil infractions by $20.00. Mr. McKoy said from the number of criminal citations and civil infractions to date for 1997 it would have meant an increase of $94,000.00 in funds to the county.

Comm. Dean moved to submit a request to the Chief Judge requesting an increase of the civil infractions and criminal citations by $20.00 effective January 1, 1998 or at the earliest date. Comm. Davis seconded and the MOTION CARRIED. Chairman Yearty asked Mr. McKoy to write the Chief Judge requesting the increase be approved.

 UTILITIES

Mr. Douglas McKoy said the county has become responsible for Manatee Water Works and have been informed by the Department of Environmental Protection the water tanks need replacing. Mr. McKoy said three (3) quotes have been received for a 4000 gallon and a 6000 gallon tanks following the recommendation of a study by Mills Engineering. Mr. McKoy said the engineering report indicates that the pump currently in operation is sufficient to service 125 to 150 homes and if smaller tanks are used the pump will deteriorate at a faster rate than using larger tanks. Mr. McKoy read the following quotes:

Tampa Tank, Inc. 4000 gl. - $13,833.00 6000 gl. - $10,750.00

Dixie Tank Company 4000 gl. - $ 7,271.00 6000 gl. - $ 7,470.00

Fabric Tank, Inc. 4000 gl. - $15,979.006000 gl. - $20,477.00

Mr. McKoy recommended the quotes be referred to a committee for review. Mr. McKoy asked if the same committee could be delegated with the responsibility to develop guidelines for county policy on the operation of utilities and to submit their recommendations at the next regular meeting. Chairman Yearty appointed Comm. Davis, Mr. Dick Tummond, Mr. Billy Cobb, Mrs. Krista Kelly, Mr. Douglas McKoy and Mr. Greg Beauchamp to the committee.

 LEASES AND RENTALS

Chairman Yearty said Ms. Leslie Sturmer of IFAS at the University of Florida was requesting a renewal of the high density lease near Dog Island. Chairman Yearty said the Department of Environmental Protection allows 90 days from the expiration date of the renewal for any modifications to the lease. Chairman Yearty said the lease is not available to private individuals and is primarily used for storage of clams and for research by the Marine Science Research from Yankeetown. Chairman Yearty recommended the management plan be revised to include Levy County School District, the University of Florida and the Department of Environmental Protection which would allow local citizens to benefit from the lease. The Chairman received no objection from the Board and will notify Mrs. Sturmer of the recommendation for renewal of the lease.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

W. S. Yearty, III Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court