AMENDEDREGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 21, 1998
The Regular Meeting of the Board of Levy County Commissioners was held on April 21, 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. Dean moved to approve the following expenditures presented for payment. Comm. Lindsey seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 12642-12907 (VOIDS 12642; 12653)
GENERAL FUND $220,450.34
ROAD & BRIDGE FUND 27,183.07
LOCAL HOUSING ASSISTANCE 5,330.00
PERMANENT MOSQUITO CONTROL 9,300.00
LOCAL LAW ENFORCEMENT FUND 250.00
FINE & FORFEITURE FUND 3,295.10
E911 COMMUNICATIONS 5,975.00
LANDFILL & RECYCLING 12,590.61
LAW ENFORCEMENT TRUST FUND 12,939.96
FLORIDA POWER GRANT FUND 1,358.52
EMERGENCY MEDICAL SERVICE 10,990.33
SPECIAL CONSTRUCTION 1,014.63
FIRE CONTROL FUND 10,902.00
INTERGOVERNMENTAL COMMUN 306.00
ST GRANT-JUVENILE JUSTICE 3,704.10
UTILITIES FUND 1,563.04
MSTU-RAINBOW LAKES ESTATE 126.17
TOTAL $329,741.31
MINUTES
Comm. Yearty moved to approve the minutes of the regular meeting of April 7, 1998. Comm. Lindsey seconded and the MOTION CARRIED.
JUDICIAL
Mr. Ted McFetridge, Court Administrator of the Eighth Judicial Circuit said he was reporting on the current status of activity in the court system. Mr. McFetridge said the number of trials being held in the county was growing. Mr. McFetridge said the Constitutional Revision Committee was making proposals which would allow the State to assume some of the costs for personnel and other costs in the judicial system now born by the county.
Mr. McFetridge added the funds for the Judicial Child Support Hearing Officer for the regional counties would be released shortly and the Court Administrator Office would like to have the hearing officer housed in Levy County where 70 percent of the child support orders are written.
Mr. Pat Callahan said the Family Self Help Program piloted in the county with the support of the clerk, Mr. Douglas McKoy is a model program. Mr. Callahan said Ms. Leslie Nickels provides administrative assistance for citizens unable to hire an attorney in completing court forms for Domestic Court. Mr. Callahan emphasized the program does not give legal advice to citizens.
Mr. Callahan said the Indigency Program was proceeding and Judge Joseph E. Smith was leading in the collection rate of the Public Defender Application fee which is paid by anyone desiring the services of the Public Defender’s Office.
Mr. Callahan said additional space was needed in the judicial wing of the courthouse and discussions would be held with the space committee. Comm. Yearty said discussions were underway with Ms. Sheree Lancaster for the space needs of the Child Support Hearing Officer.
JUVENILE JUSTICE
Mrs. Lillie Rooks said the Juvenile Justice Committee would like to recognize Mrs. Judy Marino for her organization of the Teen Court with a Certificate of Appreciation. Mrs. Rooks said Mrs. Marino with other court officials were making a positive impact on the community with Teen Court.
Judge Joseph E. Smith said the Teen Court was a positive influence for teens and has the support of community leaders. Judge Smith said Mrs. Marino was performing an outstanding job with Teen Court.
Mrs. Rooks recognized the following teenagers for their personal improvements:
Herman Strickland, a freshman at Bronson High School and presented him with a Certificate of Appreciation and a $50.00 savings bond from Drummond Community Bank.
Dawn Minard, a junior at Bronson High School and presented her with a Certificate of Appreciation and a $50.00 savings bond from Perkins State Bank.
Travis Settles, a senior at Bronson High School and presented him with a Certificate of Appreciation and a $50.00 savings bond from Capital City Bank.
WATER BOARDS
Mr. Delanie Faircloth with Suwannee River Water Management said he was presenting the annual report for the different activities of the Management Board was currently pursuing in acquisition of lands and the recreational uses allowed on the lands. Mr. Faircloth said properties were being purchased with P2000 funds and the Florida Community Trust Fund. Mr. Faircloth said funding allowed payment in lieu of taxes to the counties affected by the land purchases for a period of ten (10) years. Mr. Faircloth said he was available at the Live Oak office for any inquiries on the purchase of lands and the recreational uses available on the lands.
MUNICIPALITIES
Mr. Billy Cobb said the Bronson Youth League had requested assistance n grading and dozing the land being developed for recreational use at the convenience of the Road & Bridge Department. Mr. Kelly Jerrells said the land was dry enough now to allow the work to progress. The board agreed to allow the Road & Bridge Department to assist in the grading and dozing of the land.
ROAD MAINTENANCE
Mrs. Carmen Proctor said she had spoken to the Board about maintenance on S. W. 67th Street. Mrs. Proctor said she had provided the deeds are requested to the Road Department and was now requesting the work to be done. Mr. Greg Beauchamp said he understood one deed was not available as the property was in probate but he said with the understanding that minimal work could be done on an emergency basis on the existing right of way with no repair on the undeeded portion on a one time basis. Comm. Dean said with explanation that the road would not be taken into the maintenance system unless the residents applied for a MSTU special assessment. Comm Yearty moved to allow repairs on a one time basis. Comm. Lindsey seconded and the MOTION CARRIED.
COMMUNITY
Mrs. Willene Horne said the work on the Levy County Quilt Museum was progressing and invited all of the commissioners to come and inspect the premises. Mrs. Horne said Mrs. Wanda Rader was assisting her in writing a book on the history of the museum and was asking for permission to use the commissioners names in the book.
ORDINANCE
Chairman Foley opened the public hearing for the proposed Junk and Debris Ordinance at 10:30 a.m. Chairman Foley recognized Mr. Noel Desmond as representative for the citizen’s committee members. Mr. Desmond said after the meetings with the committee of county representatives, the citizens appointed to the committee met and prepared a proposed ordinance to offer for consideration. Mr. Desmond said the major changes being requested in the citizens version of the ordinance were as follows:
Appoint a Code Enforcement Board.
Code Enforcement Officer of Law Enforcement Officer with photo identification.
Shielded from view - to include a tarpaulin over vehicles as an additional method of
concealment from view.
Two (2) unserviceable vehicles of same class for restoration, per vehicle.
Deletion of the grandfather clause.
Revision of fine assessments.
Deletion of punishment as a 2nd degree misdemeanor.
Mr. Desmond said he had not spoken with anyone who was in favor of the proposed advertised Junk and Debris Ordinance and he recommended adoption of the proposed ordinance prepared by the citizens on the committee.
The following citizens spoke in opposition of the proposed Junk and Debris Ordinance:
Mr. Ivan Chubb, Mr. Jack Nichols, Mr. William E. Storms, Mr. Paul Scott, Mrs. Carol Bennett, Mr. Robert Bennett, Ms. Susan Kidd, Mrs. John Castora, Mr. Brian Means, Ms. Catherine Scott and Ms. Sue Rochelle.
The following citizens spoke in support of the proposed Junk and Debris Ordinance:
Mrs. Roberta Pickard, Mr. Charles A. Smith, Mr. Leo Flynn, and Mr. Charles Taylor.
Mr. Gregory Beauchamp, County Attorney, said the proposed ordinance had been properly advertised after a review of the committee comprised of public citizens and county representatives. Mr. Beauchamp said minor changes to the proposed ordinance could be considered but any major changes from the advertised ordinance would require a new public hearing to be scheduled. Mr. Beauchamp said no constitutional rights were violated by the ordinance and it is a legal and enforceable ordinance, if adopted.
Comm. Yearty moved to approve the proposed ordinance emending the advertised ordinance to allowing a tarpaulin as shielded from view and deletion of the grandfather clause. Comm. Davis seconded and discussion from the public ensue concerning the ordinance as being approved was not advertised for the public to review and requesting the ordinance being placed on a referendum ballot. Comm. Yearty withdrew his motion with the proposed amendments. Comm. Yearty moved to approve the proposed Junk and Debris Ordinance as publicly advertised. Comm. Davis seconded and the MOTION CARRIED.
ROAD CLOSURE
Chairman Foley opened the public hearing for the proposed road closing advertised for 10:30 a.m.. Mr. Greg Beauchamp read the resolution for the proposed road closing described as follows:
That certain portion of SW 80th Street (AKA Cedar Key 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 16 of the Public Records of Levy County, Florida. Said lands situate, lying and being in Levy County, Florida.
Mr. Scott McNulty said he was not opposed to the road closing if the description is accurate. Mr. McNulty said when S. W. 123rd Terrace was closed it denied legal access for approximately 20 residents. Mr. McNulty requested this be clarified and if in case legal access to the properties has been denied the road closure be corrected.
Comm. Yearty moved to adopt the resolution for the road closing with no opposition presented. Comm. Lindsey seconded and the MOTION CARRIED.
GRANTS
Mr. Douglas McKoy said notice had been received from the Department of Community Affairs (DCA) on the Community Development Block Grant (CDBG) application filed last year for neighborhood revitalization had funding available. Mr. McKoy said the grant application process was proceeding for the same streets, however, if the funding is accepted on last year’s grant the funding would be received without any further application process proceedings.
Comm. Yearty moved to accept the funding for neighborhood revitalization projects applied for on the 1997 community Development Block Grant (CDBG). Comm. Dean seconded and the MOTION CARRIED.
SHIP/RESOLUTION
Mr. Douglas McKoy said State Housing Initiative Partnership Program (SHIP) three (3) year Housing Assistance Plan need to be reviewed and approved. Mr. McKoy said the changes recommended to the Housing Assistance Plan would increase the price level of the house and property to $70,000.00 for existing property and $75,000.00 for new construction which would allow more moderate income families to qualify and also would allow families in need of a larger home to meet their family needs. Mr. McKoy said the purchase assistance would be based on a percentage with a cap for each of the three (3) eligible income groups.
Mrs. Carol McQueen said the plan required approval of a resolution reflecting the changes to the plan and a certification to Florida Housing Finance Corporation approved by the board.
Comm. Dean moved to adopt the Housing Assistance Plan for the SHIP program for the fiscal years of 1998-99, 1999-2000, 2000-2001. Comm. Davis seconded and the MOTION CARRIED.
Comm. Dean moved to adopt the resolution approving the Levy County Housing Assistance Plan for fiscal years 1998-1999, 1999-2000 and 2000-2001. Comm. Davis seconded and the MOTION CARRIED.
AGENCIES
Mrs. Carol McQueen said as interim director of the Levy County Development Authority she has been working with Ms. Judith Hagan, Marion County Film Commissioner on the possibility of a film by Warner Brothers being filmed in Levy County.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow said the state had made an unannounced inspection and only found small irregularities which are being corrected.
ROAD MAINTENANCE
Mr. Skip Hammell said the following request had been made for maintenance on a one (1) time basis:
N. E. 112th Lane located in University Oaks, 50' right-of-way, four (4) loads of rock and grade.
Comm. Dean moved to approve the maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
N. E. 76th Street in University Estates from N. E. 92nd Court to N. E. 97th Court, ½ mile long, 50' deeded right-of-way, repair three (3) holes.
Comm. Dean moved to repair on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
Mr. Skip Hammell said a request has been made to add the following to the paving list:
LCR 1053, known a 5 Oaks Road, 1 mile long, 39 house, 301 vehicles per day.
Comm. Dean moved to approve placement on the paving list for LCR 1053. Comm. Davis seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Skip Hammell said the underground fuel storage system located at the Road Department must be completely redone before the end of the year under the Department of Environmental Protection (DEP) requirements. Mr. Hammell said estimates have been obtained and an underground fuel storage system would be $101,340.00 and would require monitoring wells; two (2) above ground double-walled tanks, guaranteed for 30 years would be $91,600.00. Mr. Hammell said the above ground tanks would eliminate the monitoring wells for underground storage and would be more economical for the county. Mr. Hammell said action should be taken so the installation can be completed prior to the end of December 1998 to prevent any fines being assessed against the county. Comm. Yearty moved to advertise for bids for the above ground tanks. Comm. Dean seconded and the MOTION CARRIED. Mr. Hammell said he would have a time limit on installation in the specifics of the bid advertisement.
Mr. Skip Hammell said presently the Department of Transportation has not made an offer for the county land which will be used for the widening of US 27A. Mr. Hammell said an offer has been received for the radio tower for $79,000.00.
Comm. Dean asked Mr. Hammell to identify some of the roads which are being consistently maintained on a one (1) time basis and to explore the possibility of proposing an ordinance to allow the landowners on the affected roads to create a MSTU district.
ORDINANCE
Mrs. Krista Kelly, County Planner, said she had reviewed the proposed ordinance for Type II Subdivisions presented by Mr. William Rees and found it is not consistent with the Comprehensive Land Use Plan enacted by the county. Comm. Yearty moved to amend the subdivision regulations. J Comm. Davis seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Osburn Barker said the Disaster Relief Funding Agreement has been reviewed by Mr. Greg Beauchamp, County Attorney and is ready for approval of funds for disaster relief. Comm. Lindsey moved to approve the agreement. Comm. Davis seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Greg Beauchamp said the resolution for the University Oaks Water System establishing rates needed to be adopted effective April 8, 1998. Mr. Beauchamp read the resolution establishing the rates for the record. Comm. Dean moved to adopt the resolution for the Levy County University Oaks Water System. Comm. Davis seconded and the MOTION CARRIED.
Mr. Beauchamp read the resolution for the recommended mechanism for private landowners to be able to remove the greenways designation from their land. Comm. Dean moved to adopt the resolution. Comm. Davis seconded and the MOTION CARRIED.
ROAD CLOSURE
Mr. Greg Beauchamp said Mr. Martin D. Proctor had submitted the proper fee for a request for road closure and read the resolution for the record for that:
Certain fifty (50) feet road right-of-way lying along the South line of the Southwest 1/4 of the Southeast 1/4 of Section 27, Township 12 South, Range 18 East in Levy County, Florida. Said lands situate, lying and being in Levy County, Florida.
Comm. Dean moved to adopt the resolution for a public hearing for road closure on June 2, 1998. Comm. Davis seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Greg Beauchamp said the antenna site license agreement with WKTK for an Emergency Medical Services antenna would be reviewed and brought before the board for consideration. Mr. Beauchamp said the agreement would entail no cost to the county and would increase the broadcast area.
COUNTY EMPLOYEES
Comm. Yearty said the Road & Bridge Department was shorthanded and requested authorization for the department to hire three (3) additional employees to provide a more efficient mowing crew in the Road & Bridge Department. Comm. Yearty moved to allow the advertising with the proper job descriptions for three (3) employees. Comm. Lindsey seconded and the MOTION CARRIED.
PARKS AND RECREATION
Comm. Yearty said the county parks now open on May 1st and recommended that Henry Beck Park and Blue Springs Park be opened prior to May 1st with the onset of warmer weather. Comm. Yearty moved to open the county parks as soon as possible and discuss closing dates prior to the end of the season. Comm. Lindsey seconded. Comm. Dean asked if there was any increase in costs if the parks opened earlier. Comm. Yearty said there would be no change in the budget and the MOTION CARRIED.
MISCELLANEOUS
Comm. Dean said he had discussed with Mr. Jerry Scarborough of the Suwannee River Water Management Board on purchasing the Devil’s Hammock with P2000 funds. Comm. Dean said in the preliminary state the Suwannee River Water Management needs approval to proceed with negotiations. Comm. Dean moved to request Suwannee River Water Management to request P2000 funds, if available, from the Florida Community Trust Fund to purchase Devil’s Hammock. Comm. Lindsey seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Don Foley, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court