REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
January 5, 19 99
The Regular Meeting of the Board of Levy County Commissioners was held on January 5, 1999 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Frank Davis
Vice Chairman Wilbur Dean
Comm. Don Foley
Comm. Sammy Yearty
Comm. Lilly Rooks
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
Comm. Yearty moved to approve the following expenditures presented for payment. Comm. Foley seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 17262-17437 (VOIDS 17264; 17379-17383)
GENERAL FUND $622,760.34
ROAD & BRIDGE FUND 244,560.09
LOCAL LAW ENFORCEMENT FUND 2,000.00
FINE & FORFEITURE FUND 2,389.96
LANDFILL & RECYCLING 5,754.56
LAW ENFORCEMENT TRUST FUND 200.00
FLORIDA POWER GRANT FUND 88.47
EMERGENCY MEDICAL SERVICE 4,962.89
FIRE CONTROL FUND 2,082.35
INTERGOVERNMENTAL COMMUN 959.96
ST GRANT-JUVENILE JUSTICE 227.83
UTILITIES FUND 76.29
TOTAL $886,062.74
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of December 22 , 1998. Comm. Dean seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Dean moved to appoint Comm. Davis as Chairman. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Yearty moved to appoint Comm. Dean as Vice-Chairman. Comm. Rooks seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Billy Cobb presented the following Certificate of Correction of Non Ad Valorem Assessments:
Calhoun and Ann Thompson, assessed for one (1) unit and the property is vacant land.
Comm. Dean moved to approve the Certificate of Correction of Non Ad Valorem Assessments. Comm. Foley seconded and the MOTION CARRIED.
Clarence and Ernestine Floyd, Williston, change from two (2) units to one (1) unit on the property.
Comm. Dean moved to approve the Certificate of Correction of Non Ad Valorem Assessments. Comm. Foley seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Skip Hammell presented the following requests for maintenance on a one (1) time basis:
NE 16th Street in Williston Highlands, Unit 14, ˝ mile long, four (4) loads rock and grade.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Foley seconded and the MOTION CARRIED.
Ne 116th Street from NE 101st Terrace to NE 105th Avenue in University Oaks, 50' right of way, 1/4 mile long, six (6) loads of rock and grade.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
SHERIFF
Sheriff Glass said the computer upgrade project is progressing and a contract should be submitted at the next regular meeting for review and approval. Sheriff Glass said the cost will be approximately $108,000.00 and the system will handle Records Management and Dispatch. Sheriff Glass said if the contract is approved when presented they will be able to proceed with a March, 1999 installation date.
Sheriff Glass said the antennas on the radio towers have been installed. Sheriff Glass said the repairs will be completed upon receipt of the repeater by the end of the month. Sheriff Glass said communications have improved with the installation of the antennas and coaxial cables in the southern part of the county.
MISCELLANEOUS
Ms. Jean Alumbaugh said she has had problems with loud noises in her neighborhood. Ms. Alumbaugh did not identify the neighborhood. Ms. Alumbaugh said she was requesting consideration for a noise ordinance in the county to allow action to be taken by the Sheriff Office when complaints are made. Sheriff Glass said without a noise ordinance enforcement of excessive loud noise is difficult when complaints are filed. Chairman Davis appointed Comm. Rooks, Mr. Billy Cobb, Ms. Krista Kelly and Sheriff Glass to make a recommendation for a suitable noise ordinance.
COUNTY LAND
Mr. Greg Beauchamp said the assignment of contract for purchase has been received from Mr. Norm Fugate representing Perkins State Bank. Mr. Beauchamp said the approval of the assignment of contract will allow direct negotiations with First Federal for the purchase of the property located on US 27A in Bronson. Mr. Beauchamp said confirmation has been received that the environmental problems have been resolved. Comm. Yearty moved to authorize the chairman to sign the assignment of contract and proceed with the purchase of the property. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Yearty said the fire department has requested authorization to clear the property located on East 40 which was donated to the county for emergency services use. Comm. Yearty said he recommended Mr. Rob Corbitt and Mr. Kelly Jerrells to contact Mr. Roger Crossman and to inspect the site and make recommendations for the utilization of space on the property for use by the fire department and other emergency services within the county prior to the land being cleared.
ROAD AND BRIDGE DEPARTMENT
Comm. Dean said the Florida Highway Patrol has made a request for the pedestrian crossing in the front of the court house be posted with pedestrian right of way with a cross walk or to eliminate the on street parking in front of the court house. Comm. Dean moved to designate a pedestrian cross walk under the appropriate guidelines in front of the court house. Comm. Foley seconded and the MOTION CARRIED. Chairman Davis appointed Comm. Dean to coordinate with the Road Department and Sign Department for the installation of the cross walk.
LICENSES AND PERMITS
Mr. Fred Partin with Florida Pyro Technicians said he is requesting a permit to allow a festival on March 12, and March 13, 1999 for Pyro Technicians to be instructed in the use of new fireworks. Mr. Partin said this will be attended by approximately 200 people who work in Pyrotechnics and was inviting the local fire departments. Comm. Yearty moved to authorize the permit and waive the permit fees for the festival on March 12, to March 13, 1999. Comm. Rooks seconded. Comm. Foley said he was concerned about drought conditions at that time requested. Comm. Yearty said Mr. Partin should contact Mr. Billy Cobb and the forestry service several days prior to the festival and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petitions to allow a hardship variance:
Petition No. VA-00376 - Don Whitman, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother (Esther Meeds), on a parcel of land located in Jeanne Heibner Subdivision, Lot 14, block 4, in Section 4, Township 11S, Range 14E , in Levy County. Said parcel contain 5 acres more or less and is located within a Rural Residential "RR" zone.
Mr. Don Whitman said he was requesting the Hardship Variance to care for his 94 year old mother. Chairman Davis asked if there was any opposition and none was presented. Comm. Rooks moved to approve the Hardship Variance. Comm. Dean seconded and the MOTION CARRIED.
Petition No. VA-00375 - Charles Williamson, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother (Bessie Williamson), on a parcel of land located in Forest Park Unit, 1, Lot 4, in Section 24, Township 12S, Range 17E, in Levy County. Said parcel contains 5 acres more or less and is located within a Rural Residential "RR" zone.
Mr. Rob Corbitt said no opposition had been presented and all documentation had been received. Comm. Dean moved to approve the Hardship Variance. Comm. Foley seconded and the MOTION CARRIED.
Mr. Rob Corbitt presented a petition for a Conditional Use Permit as follows:
Lydia Hasselbring (applicant), petitioning the board for a Conditional Use Permit to allow an Open Gun Range, Mobile Home Office (retail sales and service and NRA School) and Weekend Camping, on a parcel of land located in all that part of the W ˝ of the NE 1/4 of Section 9, Township 13S, Range 19E, in Levy County. Said parcel contains 13.18 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Planning Commission recommends approval with stipulation of petitioner must erect an 8' chain link fence with two strands of wire along the top around the entire property.
Ms. Lydia Hasselbring said she was asking for a Conditional Use Permit for an Open Gun Range on US 27A. Ms. Hasselbring said there would be a NRA gun range, archery range and a learning school for gun handling. Ms. Hasselbring said she was asking for a modification of the 8' chain link fence to only surround the firing range area and allow a 4' fence around the perimeter of the property.
Mr. Nelson Lonsdale, a state certified engineer said the open gun range has been designed in accordance with the NRA guidelines. Mr. Lonsdale said berms will be erected according to NRA specifications around the gun ranges and the archery range. Mr. Londsdale described the construction of the berms, baffles and shelters to be constructed and the effects on the firing range. Mr. Lonsdale said the noise would be minimal 200 yards away from the firing range. Mr. Lonsdale added the berms would be sodded and shrubbery planted which would also assist in minimizing the noise. Mr. Lonsdale said commercially available shells would be used.
Mr. Courtney Roberts, former police chief of the City of Gainesville, said he had built several gun clubs and the proposed open gun range was more sophisticated and had improved security. Mr. Roberts said the NRA continues to improve security measures for gun ranges. Mr. Roberts said when the first gun range was opened in Gainesville training lessons were given to women and he found it lowered the assault rates. Mr. Roberts said a gun range makes a controlled area with professionals assisting in the use of firearms.
Mrs. Amie Zamora said she was opposed to a gun range in her neighborhood. Mrs. Zamora said a residential area should not have a gun range. Mrs Zamora said she circulated a petition signed by the surrounding neighbors and a petition who live near the proposed gun range in Levy and Marion counties. Mrs. Zamora said she was concerned for the safety of the children and residents and how bullets would be stopped from straying outside the gun range. Mrs. Zamora said consideration should be given for the residential area, the affect on the people and livestock and the property values.
Mrs. Jan Noble said an eight (8) foot chain link fence surrounding the property would be an eyesore on entering the county. Mrs. Noble said she thought the noise level, the appreciation of rural living and security at night should be considered before allowing the gun range to locate in the area.
Mrs. Roberta Meadows said she owns 60 acres south of the proposed gun range and holds the mortgage on 60 acres which adjoins the gun range and is concerned about the operation of the gun range, noise level affecting the residents and security from break ins and robberies. Mrs. Meadows said she objected to a gun range in the vicinity of where she intends to construct her home.
Several other citizens including Wayne Rice, Sondra Harper, Lisa Hanna, Deborah Croom, Harriet Downs, Betty O’Neill, Jackie Gilreath, Lisa Knight, Thomas Knight and Donald Green spoke in opposition of the gun range citing safety of the children in the rural residential neighborhood, noise resulting from the use of the gun range disturbing the residents, livestock and wildlife, ricocheting and straying bullets, possible increase in crime, business located within range of residential areas, reduction in property values, and consensus of not wanting a gun range in their neighborhood.
Comm. Rooks said if the proposed conditional use permit for a gun range was approved she was requesting the following conditions be placed on the permit:
- 1. Gun range design and plans are National Rifle Association approved with written comments
provided from a NRA field representative. - 2. The facility shall be designed to reasonably insure that the bullets will not leave the property.
- 3. A 200' setback for the shot fall area.
- 4. Approve operation times as submitted or no shooting shall be permitted prior to 9AM or past
6PM (consistent with application submitted for Conditional Use Permit). - 5. Any expansions, substantial changes or construction of additional structures will require an
amendment to the Conditional Use Permit. - 6. The facility is gated and locked when closed.
- 7. Office for school room and gun sales are accessory and secondary to the gun range, at which
time the gun range ceases to exist all accessory retail commercial activities shall cease.
The Conditional Use Permit expires if the operation ceases to exist for more than 6 months. - 8. Signage shall not exceed residential sign requirements, specified in Levy County Land
Development Code.
Comm Rooks said skeet shooting was not included in the application and would not be permitted.
Comm. Yearty moved to approve the Conditional Use Permit for a gun range subject to the amendments or attachments outlined by Comm. Rooks.
Comm. Dean seconded.
Comm. Foley said he is concerned with the safety of the facility.
Comm. Rooks said she had visited the site and was concerned about the safety for the surrounding neighborhood and if devaluation of the property will result.
Chairman Davis called for a vote and Comm.. Yearty, and Comm. Dean voted to approve the Conditional Use Permit, Comm. Foley and Comm. Rooks voted nay resulting in a tie vote. Chairman Davis voted aye and the MOTION CARRIED.
SALARY AND WAGES
Comm. Dean moved to approve Charles Bedford from Master Mechanic at $11.2941 to $11.5751 at the same classification. Comm. Foley seconded and the MOTION CARRIED.
Comm. Dean moved to approve Kevin Bondy from Master Mechanic at $11.2941 to $11.8936 at the same classification. Comm. Foley seconded and the MOTION CARRIED.
Comm. Dean moved to approve Jessie Durrance from Construction Foreman at $11.2261 to $11.5445 at the same classification. Comm. Foley seconded and the MOTION CARRIED.
Comm. Dean moved to approve Randy Smith from Building Trades Worker II at $9.9054 to $10.3764 at the same classification. Comm. Foley seconded and the MOTION CARRIED.
Comm. Dean moved to approve advertising a Notice of Intent to Designate Senior Management Service Class for the County Administrator to allow a higher retirement classification for Mr. Billy Cobb, County Administrator. Comm. Foley seconded and the MOTION CARRIED.
RAINBOW LAKES ESTATES
Mr. Douglas McKoy said a budget amendment to increase the Rainbow Lakes MSTU special assessment by $47,500.00 was needed. Comm. Yearty moved to amend the budget by $47,500.00. Comm. Dean seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Frank Davis, Board Chairman
ATTEST
Douglas M. McKoy, Clerk of Court