REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 17, 1998
The Regular Meeting of the Board of Levy County Commissioners was held on March 17, 1998 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Don Foley
Vice Chairman Don Lindsey
Comm. Wilbur Dean
Comm. Sammy Yearty
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 Comm. Foley followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Dean moved to approve the following expenditures as presented for payment. Comm. Davis seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 12122-12353 (VOIDS 12122;12345 )
GENERAL FUND $265,705.18
ROAD & BRIDGE FUND 29,781.15
LOCAL HOUSING ASSISTANCE 1,138.32
LOCAL LAW ENFORCEMENT FUND 953.50
FINE & FORFEITURE FUND 8,999.67
EMERGENCY 911 5,452.39
LANDFILL & RECYCLING 10,344.03
LAW ENFORCEMENT TRUST FUND 1,477.00
COURT FACILITIES FUND 10.00
FLORIDA POWER GRANT FUND 1,893.25
EMERGENCY MEDICAL SERVICE 9,969.78
LOCAL LAW ENF BLOCK GRANT 2,433.34
SPECIAL CONSTRUCTION 16,271.79
FIRE CONTROL FUND 73,992.50
ST GRANT-JUVENILE JUSTICE 1,068.30
ADD REV BOND DEBT SERVICE 525.00
UTILITIES FUND 2,177.54
TOTAL $432,192.74
MINUTES
Comm. Yearty moved to approve the minutes of the regular meeting of March 3, 1998. Comm. Davis seconded and the MOTION CARRIED.
RESOLUTIONS
Comm. Yearty moved to retract Resolution of Objection, Levy County, Florida 98-6 concerning the lease agreement contract for Nature Coast, Inc. and the State of Florida and have a corrective letter sent to the Department of Environmental Protection. Comm. Lindsey seconded. Comm. Yearty said the lease agreement concerned lands owned by the State and the county should not interfere with any lease agreement the State makes with private industry. Comm. Yearty said regulation of the lease agreements should be a prerogative of the state and the MOTION CARRIED.
COMMISSIONERS/FLOODING
Mrs. Roberts said the residents of Graceland Shores located in Inglis appreciated the response received from Comm. Yearty in rectifying the flooding in their area. Mrs. Roberts presented Comm. Yearty a Certificate of Appreciation on behalf of the residents in the Graceland Shores subdivision and commended Mr. Justin Watson with the Road Department. Mr. Poole a resident in Graceland Shores said he has obtained a permit to allow additional drainage in the flooded area. Comm. Yearty asked Mr. Billy Cobb to provide the Road Department with the permit and to investigate any additional work to be done.
Mr. Frank Schwab said he was asking for assistance to alleviate the flooding at his home located on CR 339 and CR 346A. Comm. Dean said he has inspected the area and the Road Department is exploring possible avenues in reducing the water levels. Comm. Dean said the water table in this area is exceptionally high and diverting the excess water is a serious problem.
Ms. Mary Bailey said water is being diverted to her property and she does not want the water to be drained onto her property.
ROAD & BRIDGE DEPARTMENT
Mr. Skip Hammell presented the following for maintenance on a one (1) time basis:
N. W. 75th Avenue in Suwannee River Highlands, 3/8 mile long, 50' dedicated right-of-way, 3 loads of rock and grading.
Comm. Lindsey moved to approve the request for maintenance on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.
N. E. 96th Street, University Estates, six (6) loads of rock and grading.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
N. E. 112th Terrace in Oak Ridge Estates, 3/4 mile long, dedicated right-of-way, seven (7) loads of rock.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
Patch holes on N.E. 100th Lane and N. E. 109th Avenue in Bronze Sun Acres, one (1) flat bed of rock.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Ms. Krista Kelly, County Planner presented the contractual services agreement for the Local Mitigation Strategy Plan with the Department of Community Affairs (DCA) with a recommendation for approval. Ms. Kelly said the grant provides funds for a consultant to prepare the plan and she is proceeding with negotiations for a consultant with the funding amounts allowed. Comm. Yearty moved to authorize the Chairman to sign the contractual services agreement subject to approval by the county attorney. Comm. Davis seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Billy Cobb presented a Certificate of Correction of Non-Ad Valorem Assessment Roll as follows:
Barbara J. Morgan Lovett and Willie Mae Morgan, 1016 N. E. 2nd Avenue, Williston, only one (1) unit on parcel, second unit removed February, 1994.
Comm. Dean moved to approve the Certificate of Correction. Comm. Davis seconded and the MOTION CARRIED.
UTILITIES
Mr. Billy Cobb said the following is a recommendation for rates at Levy County Manatee Utilities:
1. Meter Installation $300.00
2. Connect existing, in place meter to property 20.00
3. Non refundable re-connect fee 40.00
4. Non refundable late fee-30 days past due 10.00
5. Deposit 35.00
6. Rate - 4,000 gallons, monthly 20.00
per 1,000 gallons excess, monthly 2.00
Mr. Cobb said the current monthly rate is $8.00, however, collection has not been made since the county assumed ownership. Mr. Cobb said the residents have been notified of the change in the rate structure. Comm. Yearty moved to authorize a resolution adopting the recommended rates for the Levy County Manatee Utility and to allow the Chairman to sign the resolution. Comm. Dean seconded and the MOTION CARRIED.
LANDFILLS
Mr. Billy Cobb said the hours at the landfill needed to be adjusted from the changes made several months ago. Mr. Cobb said since decreasing the hours at the landfill on Saturday there have been requests to leave the landfill open until 5:00 p.m. on Saturday. Mr. Cobb said for the benefit of the citizens the hours should be readjusted on Saturday to close at 5:00 p.m. in lieu of 12:00 p.m. Comm. Dean moved to extend the landfill hours to 5:00 p.m. effective March 21, 1998. Comm. Davis seconded and the MOTION CARRIED.
ORDINANCES
Mr. Vernon Myrick asked if the proposed noise ordinance had been addressed. Chairman Foley asked for the board to review the proposed noise ordinance and a public hearing will be scheduled at the next regular meeting.
MISCELLANEOUS/FLOODING
Mr. Vernon Myrick asked if the Road Department and Mosquito Control could inspect the standing water in the Fowlers Bluff area. Mr. Myrick said the standing water was a health hazard. Chairman Foley asked Mr. Skip Hammell and Mr. Wayne Hardee to inspect the conditions in Fowlers Bluff and to make a recommendation on their findings.
PLANNING, COUNTY
Chairman Foley opened the public hearing for the proposed adoption of the Comprehensive Plan Evaluation and Appraisal Report (EAR) advertised for 10:00 a.m.
Ms. Krista Kelly, County Planner said a commitment letter needs to be directed to the Department of Community Affairs (DCA) addressing the EAR based amendments to be in compliance. Ms. Kelly said the county will be in a position to begin the amendment process for the Comprehensive Land Use Plan. Chairman Foley asked for comments from the public and none was presented. Comm. Yearty moved to authorize the Chairman to sign the commitment letter and to adopt the EAR report. Comm. Davis seconded and the MOTION CARRIED.
GRANTS
Chairman Foley opened the second public hearing at 10:31 a.m. for the Community Development Block Grant application process.
Mrs. Carol McQueen said the grant application process was proceeding and the Community Action Task Force (CATF) had met and Mr. Frank Schuler, Chairman of the CATF was present to make their recommendations to the Board.
Mr. Frank Schuler said the CATF was recommending the following road construction projects for the Community Development Block Grant for Neighborhood Revitalization:
Service Area #1 - (Pinehurst Subdivision) N.E. 212 Terrace, N. E. 213 Terrace, N.E. 41 Street, N. E. 40 Place
Service Area #2 - (Woodland Acres Subdivision) S.E. 32 Place, S.E. 35 Street, S.E. 37 Lane, S. E. 117 Terrace
Service Area #3 - (Morris Avenue) S.E. 201 Street
Service Area #4 - (Rosewood Park Subdivision) S. W. 60 Street
Service Area #5 - S. E. 195 Place
Mrs. McQueen said the areas selected are first time paving projects and the low to moderate incomes in each area exceed 51% as required in the guidelines. Mrs. McQueen said the Department of Community Affairs (DCA) has extended the grant application time to allow the county to proceed in obtaining Federal disaster funds if available. Mrs. McQueen said the prospects for approval of the grant application appear to be improving.
Comm. Dean moved to approve the recommendations made by the CATF and to authorize the Chairman to sign the signature page for the grant application. Comm. Davis seconded and the MOTION CARRIED.
ROAD CLOSING
Chairman Foley opened the advertised public hearing for the proposed road closing requested by Mr. Jamie Griffin. Mr. Greg Beauchamp read the resolution into the record for:
That certain part of N. W. 62nd Terrace and N. W. 62nd Court (also known as Utah Street and Nevada Avenue) as shown on the Plat of US 19, No. 8 addition, recorded in Plat Book 2, Page 67 of the Levy County Public Records, more particularly described as follows:
Beginning at the Southerly property line of Lot 10, Block D of the above said subdivision; thence run in a Northwesterly and Northeasterly direction to the Easterly line of Block C extended Northwesterly and the Point of Ending.
Said lands situate, lying and being in Levy County, Florida.
There was no opposition presented and Comm. Yearty moved to adopt the resolution for the road closing. Comm. Lindsey seconded and the MOTION CARRIED.
Mr. Greg Beauchamp said the 911 Addressing Department has expressed concern on road closings affecting the addressing system if not properly investigated.
ZONING
Mr. Rob Corbitt presented the following petition for a hardship variance:
Petition No. VA-00367 Wanda Ray petitioning the Board for a Hardship variance to allow a second dwelling in order to care for her brother on a parcel of land located in Rolling Oaks Un/Re Subdivision, Lot 32, in Section 29, Township 14S, Range 18E, in Levy County. Said parcel contains 5 acres more or less and is located in an Agriculture/Rural Residential "A/RR" zone.
There was no opposition presented to the petition. Mr. Harold Gould said he supported Mrs. Ray’s request for the hardship variance . Comm. Yearty moved to approve the hardship variance petition. Comm. Lindsey seconded and the MOTION CARRIED.
RAINBOW LAKES ESTATES
Mr. Douglas McKoy said he has received a billing from Marion County for road construction. Chairman Foley requested Mr. Skip Hammell to review the billing and advise if the construction was to specifications and the billing reasonable and notify the board of his findings.
WATER CONTROL & WATER BOARDS
Mr. Kenneth Huntington, Environmental Manager for Wetlands Resource Management Southwest District, Department of Environmental Regulation made a presentation of the Ecosystem Management Initiative for the Withlacoochee River basin. Mr. Huntington said the DER is working towards assisting in solving permitting problems for the public and is having quarterly workshops within the Withlacoochee River basin area with private citizens, public officials and representatives from the Department of Environmental Regulation. Mr. Huntington said he would like to have representation for the workshops from Levy County from the board or a board designee.
ROAD CLOSING
Mr. Greg Beauchamp said Mr. John Quimby has petitioned for a road closing and has remitted the cost of advertisement as required for the following:
That certain portion of S.W. 80th Street (aka Cedar Boulevard), lying south of and adjacent to Blocks 89, 114 and 115 of Cedar Key Heights Section "B", as recorded in Plat Book 2, Page 216 of the Public Records of Levy County, Florida.
Mr. Greg Beauchamp read the resolution for the proposed road closing. Comm. Lindsey moved to adopt the resolution and schedule the public hearing for the proposed road closing on April 21, 1998 at 10:30 a.m. Comm. Yearty seconded and the MOTION CARRIED.
SUITS
Mr. Greg Beauchamp said the Board of Adjustment decision on the barrow pit is being legally challenged by the opponents to the barrow pitand a response will need to be prepared for an amended complaint.
ORDINANCES
Mr. Greg Beauchamp said the committee for the proposed Junk and Debris Ordinance had met and their recommendations have been incorporated into the proposed ordinance. Mr. Beauchamp said the public hearing for the adoption of the proposed ordinance will be April 21, 1998.
Comm. Davis recommended reviewing the Occupational License Ordinance when the proposed Noise Ordinance is discussed.
COMMISSIONERS
The Board agreed to allow Comm. Davis to purchase a feeder pig at the Suwannee River Livestock Fair on their personal behalf.
EMERGENCY MEDICAL SERVICES
Comm. Yearty said housing for the ambulance has not been located in the Cedar Key area. Comm. Yearty said other avenues for housing the ambulance service is being investigated and he will keep the board informed.
TAX CERTIFICATES
Mr. Greg Beauchamp presented the Deed of Conveyance for the parcel of land located at:
that Tract in the N. W. 1/4 of the N.W. 1/4 of Section 29, Township 12 South, Range 14 East, also known as Lot 16, Block E-6, Jemlands, unrecorded, as shown in Deed Book (Formerly assessed to Charles W. And Geraldine F. Sullivan). The subject property was acquired by Grantor by escheat after the March 3, 1986 Tax Deed Sale, of Cert. No. 104-1983.
Mr. Beauchamp said the deed has been prepared for Ronal or Helen Ping from the bid they made on the property at the regular meeting on March 3, 1998 and received Board approval. Comm. Davis moved to authorize the Chairman to sign the Deed of Conveyance. Comm. Dean seconded and the MOTION CARRIED.
INSURANCE
Chairman Foley said quotes have been obtained to replace Ultramedix as the health insurance provider for the county. Chairman Foley said the committee recommended accepting the low bid from Sun Star which will consolidate the county employees and the sheriff’s employees. Comm. Dean moved to accept the low bid with Sun Star and Nature Coast Insurance Agency for two (2) years providing a guaranteed rate. Comm. Yearty seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Don Foley, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court