REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 7, 1998
The Regular Meeting of the Board of Levy County Commissioners was held on April 7, 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. Dean followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Davis moved to approve the following expenditures presented for payment. Comm. Lindsey seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 12354-12641 (VOIDS 12356; 12369 )
GENERAL FUND $756,914.44
ROAD & BRIDGE FUND 87,557.57
LOCAL HOUSING ASSISTANCE 17,750.00
LOCAL LAW ENFORCEMENT 850.00
FINE & FORFEITURE FUND 19,677.65
E911 COMMUNICATIONS 31.07
LANDFILL & RECYCLING 23,625.28
COURT FACILITIES FUND 342.85
FLORIDA POWER GRANT FUND 88.70
EMERGENCY MEDICAL SERVICE 8,289.97
SPECIAL CONSTRUCTION 14,841.48
FIRE CONTROL FUND 33,385.75
INTERGOVERNMENTAL COMMUN 6,104.00
UTILITIES FUND 16,583.94
TOTAL $986,042.70
MINUTES
Comm. Lindsey moved to approve the minutes of the regular meeting of March 17, 1998. Comm. Davis seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Yearty said the South Levy Recreational Park has made a request to have a potable water system supplied by the county. Comm. Yearty said the initial cost for a system would not be exorbitant, however, long range inspections and maintenance would be burdensome for the county. Comm. Yearty said the City of Inglis has a water line running near the park and should be a consideration by the Little League Association to obtain a potable water supply. Mr. Lee Mills, Engineering Consultant, said monitoring and testing of a public water system within the guidelines established by the Department of Environmental Protection (DEP) would be required. Comm. Yearty moved to deny the request from South Levy Recreational Park in written form to install a water system, but to continue support of the Little League. Comm. Davis seconded and the MOTION CARRIED.
TAX COLLECTOR/SPECIAL ASSESSMENTS
Mr. William Rees asked if refunds for the special assessment tax had been approved. Mr. Gregory Beauchamp, County Attorney said advertising for application for the refunds will begin June, 1998 and will be open for ninety (90) days. Mr. Beauchamp said full approval has been made by the Board for the method of refund. Mr. Rees said he did not believe the disbursement procedure approved is a fair and equitable disbursement and notice should be made to the individuals affected, not by public advertisement.
COUNTY EMPLOYEES
Mrs. Sarah Miller said she has filed a formal complaint against Mr. Darrell Gunther, scale house operator at the County Landfill for derogatory remarks allegedly made about her to an unidentified customer with Mr. Wayne Hardee. Comm. Dean asked who the third party was and Mrs. Miller declined to reveal the name. Comm. Dean said he would be unable to properly investigate the allegations without knowing who informed her of the derogatory remarks being made.
Mrs. Miller asked if any provisions were being made to make the landfill handicap accessible. Comm. Dean said he was unaware of any complaints on accessibility at the landfill.
LANDFILL
Mrs. Sarah Miller said she had inquired of Mr. Wayne Hardee if any inspections of the Landfill had been performed recently. Mrs. Miller said Mr. Hardee had informed her that there had not been any recent inspections. Mrs. Miller said she was aware of an inspection which took place on March 20, 1998 and she is concerned on the creditability of remarks which have been made to her by staff at the landfill.
ROADS, COUNTY
Mr. Otis Green of East Williston said CR 311 and CR 318 were in need of repair as a result of heavy usage by school buses and other traffic. Mr. Green said he would appreciate consideration being given to paving this area. Comm. Davis said he has discussed the problem with Mr. Green and several roads in the area are on a paving list if the Community Development Block Grant is approved. Chairman Foley said the road was on the paving list on the application submitted last year which was denied by the Department of Community Affairs (DCA). Chairman Foley asked Comm. Davis and Mr. Skip Hammell to inspect the area and determine if any action can be taken at this time.
Mr. Noel Desmond said he previously requested the paving of N. W. 30th Street and was informed by the Road Department there would need to be 23 residents within a ½ mile for placement on a paving list. Mr. Desmond asked if there was justification for paving N. W. 77th Place where there is a minimal number of residences in a two (2) mile section. Mr. Skip Hammell said the number of residences is a factor to determining paving of a road but the amount of traffic traveling on a road also must be considered. Chairman Foley asked Mr. Hammell to have a traffic count performed on Mr. Desmond’s road.
SUITS
Mr. Jim Langley said he was inquiring if a response was going to be made by the Board to the complaint filed by landowners against the barrow pit recently approved by the Board of Adjustment. Mr. Langley said if a resolution to the complaint could be made without seeking recourse through the court system it would be more economically feasible for the county and for the taxpayers filing the complaint to resolve the complaint without court action. Mr. Beauchamp said he has been in discussions with Mr. Coffey the attorney representing the landowners and recent developments in the proceeding make the time frame of thirty (30) days not as critical to the issue of filing a response. Mr. Beauchamp said that this issue was about to be resolved according to information he had received. Mr. Langley said as one of the plaintiffs, it is his opinion the board should make the final decision as elected officials for changes in land use and not an appointed board.
MISCELLANEOUS/FLOODING
Mr. Arlen Harris said S. W. 67th Street was still flooded and asked if the county would be able to divert water from the area to lessen the flood conditions. Comm. Yearty said all but one (1) of the deeds had been received from landowners deeding the right-of-way to the public on S. W. 67th Street and the final landowner is not going to deed any right-of-way to the public. Comm. Yearty moved to authorize maintenance on a one (1) time basis with the understanding the county will not maintain the portion nor cross the portion which was not deeded right-of-way to the public. Comm. Lindsey seconded. Comm. Yearty stated the unusual weather and water conditions contribute to the decision to make the motion without the deeded right-of-way of one land owner and the MOTION CARRIED.
ORDINANCES
Mr. Jeff Braswell, the attorney representing Mr. William Rees submitted a proposal to amend the ordinance for Type II Subdivisions within Levy County. Mr. Braswell said property owners should be able to develop their property without restrictions for roads to be paved by the developer. Mr. Braswell said the proposed ordinance would allow the County Planner to lower the current standards of development and it would be the landowners responsibility for maintaining their own roads. Comm. Lindsey moved to allow Ms. Krista Kelly, County Planner to review the proposed ordinance of Mr. William Rees and to reflect her comments. Comm. Yearty seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petitions for a hardship variance and advised that all proper documentation has been submitted by the petitioners:
Petition No. VA-00369 - Sylvia Zerbni Bauer petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for a friend, Tim Radford, on a parcel of land located in a Type II Subdivision, Laural Country Estates, Parcel 7, in Section 13, Township 12S, Range 18E, in Levy County. Said parcel contains 10 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Comm. Dean moved to approve the request for a hardship variance and no opposition was voiced. Comm. Yearty seconded and the MOTION CARRIED.
Petition No. VA-00368, Lester and Sharon Aldrich, petitioning the Board for a hardship Variance to allow a second dwelling in order for their son to care for them, on a parcel of land located in the NE corner of Section 21, Township 11S, Range 15E, in Levy County. Said parcel contains 12 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Comm. Dean moved to approve the request for a hardship variance and no opposition was voiced. Comm. Davis seconded and the MOTION CARRIED.
Mr. Rob Corbitt presented a petition for a final plat approval as follows:
Petition No. FP-00181 Pardue Land Surveying representing James Lybass, petitioning the Board for a Final Plat of "Great Oaks," a subdivision located in the SE 1/4 of the SE 1/4 of Section 20, Township 13S, Range 19E and in the SW 1/4 of the SW 1/4 in Section 21, Township 13S, Range 19E, in Levy County. Said parcel contains 80 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Comm. Davis moved to approve the final plat and no opposition was voiced. Comm. Dean seconded and the MOTION CARRIED.
ORDINANCES
Mr. Noel Desmond said the members from the public on the proposed Junk and Debris Ordinance were still dissatisfied with the final proposal. Mr. Desmond said the committee members would like to meet prior to the public hearing to determine if the issues can be resolved. Chairman Foley said the committee will meet on Monday, April 13, 1998.
CONTRACTS AND AGREEMENTS
Mr. Billy Cobb said the contract with Telecom Network, Inc. has been received and needs approval. Mr. Cobb said Telecom Network, Inc. will review all utility bills and the county will receive a refund of 60 percent on any over payment that are found by the review. Comm. Dean moved to approve the contract. Comm. Davis seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Billy Cobb presented two (2) Certificate of Correction of Non-Ad Valorem Assessment Roll submitted by Ms. Nancy Gould, 7351 S. E. 150th Avenue, Morriston, Florida. Mr. Cobb said the improvements have been removed from the parcels and only the well and septic tanks are remaining on the property. Comm. Dean moved to approve the Certificate of Correction. Comm. Lindsey seconded and the MOTION CARRIED.
ROAD & BRIDGE DEPARTMENT
Mr. Billy Cobb said correspondence has been received from Ms. Carmen Doyle Proctor with the Cedar Key Rural Roads Committee concerning maintenance of S. W. 72nd Place. Mr. Skip Hammell said the Road Department has not received all of the deeds for the right-of-way on S. W. 72nd Place.
AGENCIES
Ms. Heather Alexander, Board Secretary said the Withlacoochee Planning Council has requested an appointment to the coordinating board for the Levy County Transportation Disadvantage Coordinating Board and has recommended Ms. Clara M. Little. Chairman Foley said Mrs. Little would be an asset to the coordinating board. Comm. Davis moved to approve the appointment of Ms. Little to the Levy County Transportation Disadvantage Coordinating Board. Comm. Dean seconded and the MOTION CARRIED.
EQUIPMENT
Ms. Heather Alexander, Board Secretary said a list of fixed assets need to be deleted from the inventory. Mr. Douglas McKoy commended Ms. Alexander and Ms. Jacqueline Martin on their efforts of updating the inventory for county equipment. Comm. Dean moved to remove the recommended fix assets from the inventory as shown on attachment A. Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Skip Hammell presented a request for maintenance on a one (1) time basis as follows:
N. W. 143rd Place in US 19-No. 2 Addition, 1/4 mile long, 50' dedicated right-of-way, patch holes with rock, one (1) flat bed of rock.
Comm. Dean moved to authorize maintenance on a one (1) time basis. Comm. Lindsey seconded and the MOTION CARRIED.
ROAD & BRIDGE DEPARTMENT
Mr. Skip Hammell said the Florida Department of Transportation has made an offer for replacement of the tower which must be moved for the widening of the Alternate US 27A. Mr. Hammell said a recommendation for replacement of the tower with a 250 foot free-standing tower instead of the 178 foot tower is being investigated. Mr. Hammell said if the county replaces the current tower with a larger tower, they will be able to lease tower space to independent companies and the rent will assist in paying for the tower. Mr. Hammell said negotiations are proceeding with the Department of Transportation for the value of the tower.
ROAD MAINTENANCE
Comm Yearty said N. W. 128th Place needed road maintenance on a one (1) time basis. Comm. Lindsey moved to approve maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
PLANNING, COUNTY
Ms. Krista Kelly said an Ordinance adopting the Levy County Evaluation and Appraisal (EAR) report, as assessment of the 1990 Levy County Comprehensive Plan Objectives and Policies is being recommended for approval to allow a timely progression for amendment to the Comprehensive Land Use Plan through the Department of Community Affairs (DCA). Mr. Greg Beauchamp read the proposed ordinance for the record and stated all items in the proposed ordinance have been discussed in public hearings. Comm. Yearty moved to adopt the ordinance as proposed. Comm. Lindsey seconded and the MOTION CARRIED.
LANDFILL
Mr. Wayne Hardee said the Waste Tire Recycling Service Agreement with Florida Tire Recycling, Inc. should be renewed and he knew of no changes in the agreement. Mr. Greg Beauchamp said he had reviewed the contract with Florida Tire Recycling, Inc. and it appeared to be in order. Comm. Yearty moved to approve the contract agreement with Florida Tire Recycling, Inc. Comm. Dean seconded and the MOTION CARRIED.
Mr. Wayne Hardee said the solid waste leachate hauling contracts with Morris Dean Trucking and Gainesville Regional Utilities were ready to be signed. Mr. Greg Beauchamp said the contracts needed to have hauling to the Williston site added to the contract agreements. Comm. Davis moved to authorize the Chairman to sign the agreements for the leachate hauling with the corrections. Comm. Lindsey seconded. Comm. Dean announced he would sign a conflict of interest form since he is related to one of the contract haulers and he does not receive any financial benefit and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Osburn Barker said permission was needed to advertise for an auxiliary power generator for the new Emergency Operations Center. Comm. Dean moved to approve authorization for the advertisement for bids on the auxiliary power generator. Comm. Davis seconded and the MOTION CARRIED.
Mr. Osburn Barker said an amendment is needed for the Hazard Analysis contract to change the time schedule. Comm. Dean moved to approve the Chairman to sign the amended contract. Comm. Davis seconded and the MOTION CARRIED.
SHERIFF/GRANTS
Sheriff Ted Glass said he needed authorization to apply for the Ed Byrnes Memorial grant to support the drug unit for the ensuing year. Sheriff Glass said the matching funds will be used from the Trust fund. Comm. Yearty moved to authorize Sheriff Glass to apply for the Ed Byrnes Memorial grant. Comm. Davis seconded and the MOTION CARRIED.
Sheriff Ted Glass said he was requesting authorization to apply for a grant from the Office of the Attorney General from the Victims of Crime Act (VOCA). Sheriff Glass said the grant will fund a Victim’s Advocate and handle the administrative requirements now mandated. Sheriff Glass said the matching funds will be in-kind services and will not impact the general budget. Comm. Dean moved to authorize the Chairman to sign the grant application. Comm. Davis seconded and the MOTION CARRIED.
ROAD CLOSING
Mr. Greg Beauchamp read a resolution for a road closure request from Senior Services America, Inc. for vacation of a portion of public road located as follows:
A parcel of land in the SE 1/4 of Section 33, Township 16 South, Range 17 East, Levy County, Florida, also being a portion of "Lime Street", a right-of-way 40 feet in width as per the plat of Town Site of Tuckahoo, Florida, recorded in Plat Book 2, Page 15 of the Public Records of Levy County, Florida, and being more particularly described as follows:
That part of "Lime Street" lying south of "Main Street" and lying northerly of "Dunnellon Inglis Road" (aka Levy County Road No. 40, formerly State Road No. 40), and lying between Block 16 and Block 17 as shown on the plat of Town Site of Tuckahoo, Florida, as per plat thereof recorded in Plat Book 2, Page 15 of the Public Records of levy County, Florida.
Comm. Yearty moved to adopt the resolution and have the public hearing to hear the road closure on May 5, 1998 at 10:30 a.m. Comm. Lindsey seconded. Comm. Dean said the 911 Mapping Department needed to be advised of the request to review and correct their mapping and the MOTION CARRIED.
ZONING
Mr. Greg Beauchamp the proposed ordinance for the zoning amendment near the Williston Airport is being advertised for May 5, 1998.
TAX CERTIFICATES
Mr. Greg Beauchamp said the List of Lands Available for Taxes from the Tax Deed Sales of March 9, 1998 and March 30, 1998 and will be made a part of the minutes as an attachment.
MUNICIPALITIES
Mr. Greg Beauchamp said the City of Williston has requested an interlocal agreement for utilization of a portion of right of way for the installation of a sanitary sewer force main and natural gas supply line and other infrastructure improvements as may be necessary in conjunction with the City of Williston’s application for a Community Development Block Grant (CDBG) in the commercial revitalization category. Mr. Beauchamp said a "hold harmless" clause should be added to the agreement and then he would recommend approval. Mr. Beauchamp said he would return the agreement to the City of Williston with the requested changes.
ROADS, COUNTY
Comm. Dean said the property owners in the Ocala Highlands West Subdivision have advised they will not dedicate any more right-of-way to straighten the one entrance road which has become extremely dangerous. Comm. Dean said consideration should be given to the safety of the citizens using the road and options explored for a solution.
COUNTY EMPLOYEES
Comm. Dean said he had the following recommendations for employee changes:
Mr. James Jones, Jr., Construction/Maintenance - Pay increase from $12.0192 per hour/$25,000.00 annually to $13.25 per hour/$27,560.00 annually in lines with duties performed as Custodian and additional duties assumed as head of the Construction/Maintenance Department, effective April 13, 1998.
Comm. Dean moved to approve the increase in salary. Comm. Lindsey seconded and the MOTION CARRIED.
Mr. David Weatherford, promoted from Equipment Operator II at Step 1 to Equipment Operator II at Step 3 with a salary increase from $8.8628 to $9.3502.
Comm. Dean moved to approve the increase in salary and change in classification. Comm. Lindsey seconded and the MOTION CARRIED.
Comm. Dean said a recommendation for change of job title for Benny Jerrels from Recycling Plant Supervisor to Assistant Director of Landfill, Assistant Director of Mosquito Control, Assistant Director of Recycling, Assistant Director of Parks & Recreation and Assistant Director of Animal Control would be consistent with the duties performed. Comm. Dean moved to approve the recommendation in change of job title for Benny Jerrels effective April 7, 1998. Comm. Davis seconded and the MOTION CARRIED.
EQUIPMENT
Mr. Douglas McKoy said he was requesting permission to transfer plat cabinets which are no longer being used by the Clerk of Court office to the Property Appraiser and the county Consulting Engineer, Mr. Lee Mills. The board gave approval for the transfer of the equipment by consensus.
BUILDING AND GROUNDS
Mr. Douglas McKoy said the existing counter and lobby in the Clerk of Court office needed to be modified to provide better security for the office. Mr. McKoy said the plans for modification have been discussed with the Space Committee. Comm. Yearty moved to allow the Clerk of Court to proceed with the modification for the counter and lobby. Comm. Davis seconded and the MOTION CARRIED.
UTILITIES
Mr. Douglas McKoy said the water policy adopted for Levy County Manatee Water System and Levy County University Oaks Water System needed to be amended for the late fee period. Mr. McKoy said a thirty (30) day grace period places the charge into the next billing cycle. Mr. McKoy said the billings are mailed within the first five (5) days of the month and would recommend penalties to apply if non-payment is beyond the 20th of each month. Comm. Davis moved to accept the recommendation for the grace period to the 20th of each month. Comm. Lindsey seconded and the MOTION CARRIED.
Mr. Greg Beauchamp said the county is now the receiver for the University Oaks Water System.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Don Foley, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court