REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

March 2, 19 99

 The Regular Meeting of the Board of Levy County Commissioners was held on March 2, 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

County Administrator - William C. Cobb

 The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Sheriff Ted Glass followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 Comm. Foley moved to approve the following expenditures presented for payment. Comm. Dean seconded and the MOTION CARRIED.

 FUND                                                                    AMOUNT
 CHECK NUMBERS: 18110-18322 (VOIDS18110; 18113; 18114)

 GENERAL FUND                                              $686,405.57

 ROAD & BRIDGE FUND                                131,653.90

 LOCAL HOUSING ASSISTANCE                     1,497.00

 FINE & FORFEITURE FUND                           14,054.74

 E911 COMMUNICATIONS                                 2,354.03

 LANDFILL & RECYCLING                                13,475.45

 LAW ENFORCEMENT TRUST FUND                   63.00

 FLORIDA POWER GRANT FUND                    3,223.74

 EMERGENCY MEDICAL SERVICE               25,859.29

 LOCAL LAW ENF BLOCK GRANT                29,000.00

 LOCAL CRIMINAL JUSTICE TR                      45,596.57

 ST GRANT - JUVENILE JUSTICE                   15,695.64

 UTILITIES FUND                                                  1,243.00

 MSTU-RAINBOW LAKES ESTATES               3,339.05

                                                            TOTAL $973,460.98

 MINUTES

Comm. Foley moved to approve the minutes of the regular meeting of February 16, 1999. Comm. Dean seconded and the MOTION CARRIED.

 TAX COLLECTOR

Mr. Billy Cobb presented the following Certificates of Correction of Non Ad Valorem Assessment Roll for consideration:

Parcel Number 02130-000-00 assessed to Melton Cannon, Kenneth Cannon, Jr., Tracy Beck, Johnny Sheppard and Wayne Janney; and Parcel Number 02130-001-00 assessed to Charles Cannon - hunt camps in Gulf Hammock and have no improvements on the property and no services available.

Comm. Dean moved to approve the Certificates of Correction of Non Ad Valorem Assessments. Comm. Foley seconded and the MOTION CARRIED.

Parcel Number 04066-000-00 assessed to the Miller Missouri Estate, correct from two (2) units to one (1) unit. Old dwelling on the property is being demolished and removed from property. A mobile home has been placed on the property and is only livable dwelling.

Comm. Dean moved to approve the Certificate of Correction of Non Ad Valorem Assessment. Comm. Foley seconded and the MOTION CARRIED.

Parcel Number 03519-000-00 assessed to L. A. Thomas, vacant property, the mobile home was removed over one (1) year ago. Recommend change is from one (1) unit to no units.

Comm. Dean moved to approve the Certificate of Correction of Non Ad Valorem Assessment. Comm. Foley seconded and the MOTION CARRIED.

Parcel Number 01537-001-00 assessed to Niven Swilley, lien for non payment of Non Ad Valorem Assessment in 1987, requesting reimbursement as property is now vacant.

Comm. Dean moved to deny the Certificate of Correction of Non Ad Valorem Assessment. Comm. Rooks seconded and the MOTION CARRIED.

 CONTRACTS AND AGREEMENTS

Mr. Billy Cobb presented the Agreement for Professional Services with the Withlacoochee Regional Planning Council to provide technical assistance in the preparation of a draft for the County personnel regulation handbook. Comm. Dean moved to authorize the Chairman to sign the agreement. Comm. Foley seconded and the MOTION CARRIED.

 STATEAGENCIES

Mr. Billy Cobb said the Department of Environmental Protection (DEP) has presented a proposal to purchase 20,480 acres lying between Rosewood to the Wacassassa River area from Georgia Pacific. Mr. Cobb said it is being recommended to oppose the purchase of the land and to approve a resolution to be submitted to DEP noting the opposition to the purchase. Comm. Rooks moved to prepare a resolution opposing the purchase of the land by the State but to consider conservation programs for the area. Comm. Dean seconded and the MOTION CARRIED. Mr. Greg Beauchamp said a resolution would be prepared for the next regular meeting to be considered for adoption.

 MUNICIPALITIES

Ms. Heather Alexander, Board Secretary said the City of Williston has provided notice by certified mail of a public hearing on March 2, 1999 at 7:00 p.m. for a proposed ordinance to establish the Williston Community Redevelopment Agency.

 CONTRACTS AND AGREEMENTS/FIRE DISTRICT

Ms. Alexander presented the fire protection agreement with the Town of Yankeetown Volunteer Fire Department for approval. Ms. Alexander said the agreement is for $22,454 for 1998-1999 and is the same amount as the last fiscal year. Comm. Yearty moved to approve the agreement with the Town of Yankeetown Volunteer Fire Department. Comm. Rooks seconded and the MOTION CARRIED.

Ms. Alexander presented the contract for fire protection for the Town of Inglis and South Levy Volunteer Fire Departments. Comm. Yearty moved to table the approval of the agreements pending further discussion on the contracts. Comm. Rooks seconded and the MOTION CARRIED.

 EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow presented for approval a grant application for the purchase of a new rescue unit . Mr. Beddow said the grant total is $91,898.00 with $68,923.50 being provided by the grant and $22,974.50 in matching funds from the county. Comm. Yearty moved to authorize the Chairman to sign the grant application. Comm. Rooks seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

Mr. Skip Hammell presented a request to place into the maintenance system the following:

N.E. 70th Street from N.E. 135th Terrace to N.E. 139th Avenue, 0.68 mile long, 40 feet dedicated right of way, south side of Rolling Acres. It is recommended to take into the maintenance system to allow the school bus easier access for student pickups.

Comm. Dean moved to place N.E. 70th Street as described into the maintenance system. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Hammell presented a request to place the following on the paving list:

LCR 207 from LCR 218 to LCR 211, 1.1 mile long, with 25 houses and an average traffic flow of 215 vehicles. It is recommended placing on the paving list to prepare for an increase in use when the green way opens for public use as this will be used as an access road.

Comm. Rooks moved to place on the paving list. Comm. Yearty seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES

Mr. Osburn Barker said authorization is needed to accept a reallocation of $2,056.00 in MVPA Grant Trust funds. Comm. Yearty moved to approve the acceptance of the funds. Comm. Dean seconded and the MOTION CARRIED.

Mr. Barker said the Levy County Comprehensive Emergency Management Plan (CEMP) has been approved by the Department of Community Affairs (DCA) and needs review and a resolution prepared for adoption. Mr. Barker distributed copies of the CEMP for review.

Mr. Barker said the public official conference has been tentatively scheduled for April 12, 1999 from 3:00 p.m. to 5 p.m. in conjunction with Dixie and Gilchrist counties. Mr. Barker said Mr. Joe Meyers, State Emergency Management Director will be the speaker.

Mr. Barker presented for review a copy of a memorandum to be submitted to all Department Heads and Elected Officials to solicit input for the Local Mitigation Strategy (LMS).

 MISCELLANEOUS

Ms. Toni Collins said Crime Stoppers of Levy County, Inc. is prepared to begin operation and needs to be recognized as the official Crime Stoppers organization in order to apply for the funds available through the Attorney General’s office. Ms. Collins said $20.00 is assessed on every felony, misdemeanor and criminal traffic fine in Levy County for Crime Stoppers. Ms. Collins said Crime Stoppers allows for citizens to provide information relating to a crime or the location of a fugitive by an anonymous tip with the possibility of reward upon the arrest and conviction of a juvenile or adult. Ms. Collins said a board consisting of approximately 20 citizens from throughout the county will make the decision if a reward should be provided and the amount of the reward. Ms. Collins said the decision will be based on information provided by local law enforcement officers involved in an arrest resulting from the information provided by the anonymous informant. Ms. Collins said Mr. Olin Slaughter, former City of Williston Police Chief will be heading Crime Stoppers.

Ms. Collins said Williston Crime Watch and Child Watch has loaned start up funds to Crime Stoppers of Levy County, Inc.. Ms. Collins said Crime Stoppers is requesting a donation of $2,500.00 to reimburse Williston Crime Watch and Child Watch and to carry the organization until private donations and available funding from the Attorney General’s office can be secured.

Sheriff Glass said he supported the citizens organizing Crime Stoppers of Levy County, Inc. and recommended acceptance and recognition of the organization as the official program for Levy County.

Comm. Yearty moved to recognize Crime Stoppers of Levy County, Inc. as the official program for the county. Comm. Rooks seconded and the MOTION CARRIED.

Comm. Yearty moved to approve a donation of $2,500.00 on a one (1) time basis with the understanding Crime Stoppers of Levy County, Inc. may approach the county for funding during the budget process. Comm. Rooks seconded and the MOTION CARRIED.

 ZONING

Mr. Rob Corbitt presented the following petitions for new business:

Petition No. PP-00240 - Croft Land Surveying representing Roderick W. Cox, Sr. petitioning the Board for a Preliminary Plat of "Westhaven," a subdivision located in the SW 1/4 of the NW 1/4 of Section 1, township 13S, Range 18E, in Levy County. Said parcel contains 15 acres more or less and is located within an Residential "R" zone. The Planning Commission recommends approval.

Mr. Corbitt said there was some opposition at the meeting of the Planning Commission, primarily a request for deed restrictions. Mr. Corbitt said deed restrictions have been provided, however, the county does not enforce any deed restrictions. Chairman Davis asked for any opposition and none was presented. Comm. Foley moved to approve the preliminary plat as presented. Comm. Dean seconded and the MOTION CARRIED.

Petition No. VA-00379 - Billy Bryant, petitioning the Board for a Hardship Variance to allow a second dwelling in order for his daughter (Shannon Williams) to care for him on a parcel of land located in the S ½ of the NE 1/4 of the SE 1/4 of the NE 1/4 of Section 5, Township 11S, Range 14E, in Levy County. Said parcel contains 5 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Mr. Corbitt said the medical excuse indicates the petitioner has diabetes but does not provide any indication of him being unemployed. Mr. Corbitt said a letter of opposition has been received from Mr. Charles Cauley. Chairman Davis asked if there was anyone opposing the petition present. Mr. Cauley stated he did not have proof of Mr. Bryant working, however, he was aware of him driving a truck for employment.

Mrs. Martha Bryant, wife of the petitioner spoke in favor of approval of the petition. Mrs. Bryant said her husband is 60 years old and unable to care for the property. Mrs. Bryant said her daughter and family currently reside with them and assist in taking care of the property. Mrs. Bryant said her husband is employed and drives a truck when he can. Comm. Rooks said she questioned if a hardship existed at the present time. Comm. Dean said a hardship variance is normally approved when there are debilitating conditions and the petitioner is unable to work or is bedridden. Comm. Rooks moved to recommend denial of the petition for a hardship variance. Comm. Dean seconded and the MOTION CARRIED.

MISCELLANEOUS

Mrs. Winelle Horne representing the Levy County Quilt Museum said work at the museum is proceeding and construction of the fire place will begin shortly. Mrs. Horne said she was asking for individual contributions to assist in purchasing materials for the construction of the fireplace. Mrs. Horne said a plaque will be set into the structure recognizing the contributors.

Mrs. Horne said she had contacted the Florida Department of Transportation (FDOT) requesting a sign placement on US27A to identify the location of the museum. Mrs. Horne said FDOT informed her that 37,500 visitors would have to go to the museum for the state to provide signs since no grant funds were used to construct the museum. Mrs. Horne asked if assistance could be provided to obtain signs designating the location of the museum. Comm. Yearty moved to contact the FDOT and obtain permission to erect the signs on US 27A and have the Levy County Road Department build the signs. Comm. Dean seconded and the MOTION CARRIED.

 HEALTH

Mr. Billy Cobb said the roof at the Health Department needs immediate repair. Mr. Cobb said an inspection of the roof revealed the roof is leaking and deteriorating. Mr. Jimmy Jones, Construction and Maintenance obtained estimates from the following:

Mac Johnson Roofing $23,400.00

Poole Roofing & Sheet Metal Co. $53,419.00

Perry Roofing Contractors $42,200.00

Comm. Yearty moved to approve the estimate from $23,400.00 and to forego the bid process under the emergency procedures for repairing the roof. Comm. Rooks seconded and the MOTION CARRIED.

 TAX CERTIFICATES

Mr. Greg Beauchamp read a letter from Deputy Clerk Patty Galyean naming additional parcels from the Tax Deed Sale of February 15, 1999 to be included on the "List of Lands Available for Taxes."

 SUITS

Mr. Greg Beauchamp said a memorandum of law has been filed on the pending litigation against the county by Henry and Rilla White Foundation on the Writ of Certiorari filed for the denial of the special exception expansion request. Mr. Beauchamp said a hearing will be scheduled by the court for argument of law.

Mr. Beauchamp said the opponents to the gun range have filed a written verified complaint and a Writ of Certiorari. Mr. Beauchamp said a response will be filed to the written complaint but no response will be filed on the Writ until the court says it is sufficient. Mr. Beauchamp said no further action can be taken on the gun range at this time.

Mr. Beauchamp said a wrongful death suit has been filed against the county by an inmate heirs. Mr. Beauchamp said in his opinion the suit has been filed incorrectly and a Motion to Dismiss has been filed and is pending until a hearing is set.

 LIBRARY

Comm. Yearty moved to appoint Ms. Allison Ramos to the Library Board representing Yankeetown and Inglis area. Comm. Rooks seconded and the MOTION CARRIED.

Comm. Rooks moved to appoint Mr. Robert Crane of Cedar Key to the Library Board. Comm. Yearty seconded and the MOTION CARRIED.

 SCHOOLS

Comm. Rooks said a request from Mr. Tex Alexander and Mr. Cliff Norris of the School Board has been made to assist in moving some mounds of dirt and for filling and smoothing at the ball field in Rosewood. Comm. Rooks moved to provide assistance in moving the dirt and for filling and smoothing the ball field. Comm. Yearty seconded and the MOTION CARRIED.

 SALARIES AND WAGES

Comm. Dean moved to approve a request to increase Mr. Jeremy Hardee with the Road Department from $8.4521 to $9.1781 at his same classification. Comm. Foley seconded and the MOTION CARRIED.

 FIRE DISTRICTS

Mr. Douglas McKoy reported that he had met with the Fire Advisory Board with along with Comm. Rooks and Mr. Billy Cobb concerning new procedures for the contracts with the Volunteer Fire Departments. Mr. McKoy said the Volunteer Fire Departments have agreed to provide annual audits utilizing the county auditor and to pay for the audit the first year from Fire Fund reserves with the understanding that future audits may have to be paid for from their funds. Mr. McKoy said he had given this information to County Attorney, Mr. Greg Beauchamp for revision of the contracts as necessary to provide for the changes.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 Frank Davis, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court