REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

May 4, 19 99

 The Regular Meeting of the Board of Levy County Commissioners was held on May 4, 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 Comm. Dean 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: 19091-19316 (VOIDS 19092; 19104 )

 GENERAL FUND                                             $872,477.89

 ROAD & BRIDGE FUND                                  71,435.07

 LOCAL HOUSING ASSISTANCE                     8,285.00

 FINE & FORFEITURE FUND                           20,655.02

 LANDFILL & RECYCLING                             151,498.87

 LAW ENFORCEMENT TRUST FUND              1,248.00

 COURT FACILITIES FUND                                    975.00

 FLORIDA POWER GRANT FUND                          54.12

 EMERGENCY MEDICAL SERVICE                 8,498.12

 SPECIAL CONSTRUCTION                               4,680.84

 FIRE CONTROL FUND                                     20,023.73

 UTILITIES FUND                                                  3,353.37

                                                        TOTAL $1,163,185.03

 MINUTES

Comm. Dean moved to approve the minutes of the regular meeting of April 20, 1999. Comm. Foley seconded and the MOTION CARRIED.

 PLANNING, COUNTY

Mrs. Krista Kelly introduced Dr. James Nicholas with the Department of Urban and Regional Planning at the University of Florida for a presentation on impact fees. Dr. James Nicholas said impact fees are a fee revenue and not general revenue and must have a specific purpose, a rationale for adopting an impact fee, and must be used to benefit those who pay the impact fee. Dr. Nicholas said impact fees may be used for roads, parks, water, sewer, storm drainage, schools, public libraries, fire and emergency medical services to support new growth. Dr. Nicholas said he encouraged planning for the future and preparing to respond to the burdens placed on infrastructure from growth. Comm. Yearty said future planning is one of the most important things to do to protect our quality of life and infrastructure. Mr. Walt McJordan said impact fees should be phased in and the funds used promptly with some funds held in reserve.

 LIBRARY

Mr. Ted Wilkins presented a report on library services in Levy County. Mr. Wilkins said the findings of the Library Board show the county could support the current library system with the funding presently provided and with grants available through various sources. Mr. Wilkins said the Library Board was recommending severing the relationship with Marion County and the Marion Levy Public Library System (MLPLS) and commence setting up an independent library system controlled by the county. Mr. Wilkins said a visit to Sumter County to study their library system was enlightening and beneficial and they were willing to provide technical information to set up a county library system. Comm. Yearty commended the Library Board on their in depth involvement and research of the current library system but there were several concerns to be addressed before any further action should be taken.

 ZONING

Mr. Rob Corbitt presented the following for consideration:

Petition No. VA-00382 - Jeffrey Yaeger, petitioning the Board for a variance to allow a second dwelling in order for him to care for his mother-in-law (Madeline Stewart, on a parcel of land located in Raleigh Oaks, Lot 2, Block 2, inSection 14, Township 12S, Range 18E, in Levy County. Said parcel contains 4.78 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.

Mr. Corbitt said the medical documentation has been provided and there has been no opposition to the petition. Comm. Dean moved to approve the Variance. Comm. Yearty seconded and the MOTION CARRIED.

Petition No.: FP-00179 - Croft Land Surveying representing Roderick W. Cox, Sr., petitioning the Board for a Final 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 a Residential "R" zone. The Planning Commission recommended approval.

Comm. Dean moved to approve the final plat. Comm. Yearty seconded and the MOTION CARRIED.

Petition No. PP-00241 - Pardue Land Surveying representing Mike McDougal, petitioning the Board for a Preliminary Plat of "Oak Meadows," a subdivision located in the W ½ of the SW 1/4 and that part of the S ½ of the NW 1/4 lying Westerly of the maintained right of way of LCR 207 all in Section 10, Township 11S, Range 14E, in Levy County. Said parcel contains 110 acres more or less and is located within a Rural Residential "RR" zone.

Petition No. VA-00383 - Pardue Land Surveyingrepresenting Mike McDougal, petitioning the Board for a Variance from Chapter 71 Subdivision Regulations, Article 4, Sections 4.02 Blocks and 4.07 Street System Layout (L), Open Space dedication 6.02(t) and Dedication for Public Park 6.02 (w), on a parcel of land located in the W ½ of the SW 1/4 and that part of the S ½ of the NW 1/4 lying Westerly of the maintained right of way of LCR 207 all in Section 10, Township 11S, Range 14E, in Levy County. The Planning Commission recommends approval subject to the following:

1. Ruling from the County Attorney regarding the parcel that is land locked.

2. Variance approval block lengths, recreation and open space and dedication of 50' on the section line.

3. Statement of assessment addressing wildlife.

Mr. Corbitt said a statement providing a wildlife assessment has been provided. Comm. Yearty moved to deny the petition for the variance until a solution of the right of way for the land locked property. Comm. Dean seconded and Mr. Pardue advised he had authority from Mr. McDougal to provide right of way to the land locked parcel. Comm. Yearty moved to approve the preliminary plat and variance subject to the easement of a thirty (30) feet right of way and approval by the county attorney of the plat. Comm. Rooks seconded and the MOTION CARRIED.

Mr. William Farnell said he resides in Seminole Oaks Subdivision adjacent to the proposed subdivision and is concerned about the addition of septic tanks from one (1) acre parcels. Mr. Farnell said he had no objection to five (5) acre tracts. Mr. Farnell said he was concerned about possible sink holes located on the property and also the siting of a Florida Panther on the property.

 BONDS

Mr. Ralph Cellon with Raymond James and Associates, Inc. presented the Authorizing Resolution allowing for the outstanding public improvement revenue refunding bonds to be sold and allow for a savings refund of not less than $362,000.00, with the appropriate documents to allow the refunding to proceed. Comm. Yearty moved to adopt the resolution and other necessary procedures to begin the refunding of the bonds. Comm. Dean seconded. Comm. Foley said he still was opposed to the refunding of the bonds and having the debt extended another 18 to 19 years. Comm. Yearty, Comm. Rooks, Comm. Dean and Chairman Davis voted yes and Comm. Foley voted no and the MOTION CARRIED.

 CONTRACTS AND AGREEMENTS

Mr. Owen Baynard presented an amended interlocal agreement creating the Citrus, Levy, Marion Workforce Development Consortium. Mr. Baynard said the interlocal agreement is being amended to revise the wording from the "Job Training Partnership Act" (JTPA) to the "Workforce Investment Act of 1998 (WIA). Mr. Baynard said there have been no changes to the inner workings of the council. Comm. Rooks moved to authorize the Chairman to sign the amended interlocal agreement. Comm. Dean seconded and the MOTION CARRIED.

 ROAD AND BRIDGE DEPARTMENT

Mr. Otis Green of Williston said he was inquiring about the roads in East Williston which need to be paved. Mr. Green said due to the dry conditions the dust from the roads make it impossible for people to sit on their porches or leave windows open in their homes. Chairman Davis said he and Mr. Skip Hammell have investigated and found the county does not have the right of ways to proceed with any paving projects. Chairman Davis said the dust is not an isolated condition but is affecting all unpaved roads through out the county.

Mr. Green said he has a problem with young people congregating on the road directly in front of his home. Mr. Green said they are parking along the roadway and leaving garbage on the road, sidewalks and on his property. Mr. Green said he did not feel it was his responsibility to call every time the litter needed to be picked up or trees trimmed over the sidewalk and roadway.

Mr. Porter Sache said he had a proposal to submit for mowing the right of ways on county roads located in the northwest sector of the county. Mr. Billy Cobb said the cost for contract mowing of right of ways is not currently economically feasible. Mr. Cobb said the Road Department currently has the staff and equipment to handle the mowing of right of ways on county roads. Mr. Skip Hammell said the State of Florida currently pays more for contract mowing than it would cost for state employees to do the work. Comm. Dean moved to accept the recommendation of the committee and not issue an invitation to bid for contract mowing of right of ways. Comm. Foley seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

Mr. Skip Hammell presented the following requests for maintenance on a one (1) time basis:

Circle K Ranchettes Subdivision, NW 150th Lane from US 19 to NW 76th Terrace; NW 76th Terrace from NW 147th Place to end of road, 50' right of way, eight (8) loads of rock.

Comm. Foley moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.

NE 63 Place from NE 119th Terrace to NE 117th Terrace in Oak Ridge Estates with dedicated right of way, 1/4 mile long.

Comm. Dean moved to approve the request. Comm. Foley seconded and the MOTION CARRIED.

NE 80th Street between NE 95th Avenue and NE 90th Avenue located in University Oaks, with deeded right of ways.

Comm. Dean moved to approve the request. Comm. Foley seconded and the MOTION CARRIED.

NE 79th Place from NE 132nd Terrace located in North-South Estates, 50' dedicated right of way, 4 to 5 loads of rock.

Comm. Dean moved to approve the request. Comm. Foley seconded and the MOTION CARRIED.

 ZONING

Mr. Rob Corbitt reported two (2) inspectors have been hired for Building and Zoning.

 SHERIFF

Sheriff Ted Glass presented a grant application for the Booze or Lose program in the amount of $123,680.00 in federal funds. Sheriff Glass said the program is a partnership with the school board to start a alcohol abuse prevention program for juveniles. Sheriff Glass said the grant is available through law enforcement only. Comm. Rooks moved to approve the grant application. Comm. Dean seconded and the MOTION CARRIED.

Sheriff Glass said his medical unit has made every effort to mitigate the medical expenses for Hilton Hudson while he was incarcerated in jail. Sheriff Glass said there were no personal assets available to assume the cost of medical treatment received by Mr. Hudson. Sheriff Glass said the county is legally obligated to pay $46,787.50. Mr. Billy Cobb said he will verify if any other funding sources are available for the payment of the medical bill. Comm. Yearty moved to pay the medical expenses incurred by Hilton Hudson the county is legally liable for. Comm. Rooks seconded and the MOTION CARRIED.

Sheriff Glass said in preparation of his budget for the ensuing fiscal year he has checked on catastrophic medical insurance for inmates. Sheriff Glass said the cost for inmate health care insurance would be $20,000.00 annually with a $5,000.00 deductible. Sheriff Glass said in the last six (6) years the county has paid approximately $64,000.00 for catastrophic medical treatment for inmates of the jail.

Comm. Yearty said he recommended continuing medical care for inmates under the current procedure and review options available to minimize catastrophic losses. Comm. Dean recommended obtaining quotes for inmate health insurance for catastrophic medical losses for discussion at budget review.

Sheriff Glass said the communications to Inglis, Yankeetown and Cedar Key on the primary Channel 1 frequency is being affected by bleed-over. Sheriff Glass said they are trying to correct the problem.

 ORDINANCES

Mrs. Krista Kelly said the Lineal Heir Subdivision Ordinance has been reviewed and the proposed amendments to the ordinance are ready for presentation at public hearing. Mrs. Kelly said the public hearing would be scheduled Tuesday, June 22, 1999 at 10:00 a.m. with the Board’s consent. Comm. Dean said he recommended scheduling the public hearing and if additional hearings are needed they can be scheduled at the public hearing.

Mr. Greg Beauchamp said the draft copy of the noise ordinance has been circulated for review. Comm. Rooks said the Assistant State Attorney is reviewing the ordinance and their recommendations will be addressed before scheduling a public hearing to consider the proposed ordinance.

 EMERGENCY MANAGEMENT SERVICES

Mr. Billy Cobb said a workshop for training personnel on the Federal Emergency Management Agency’s (FEMA) New Public Assistance Program has been scheduled for May 11, 1999 at 8:30 a.m. at the Fanning Springs Town Hall.

 CONTRACTS AND AGREEMENTS

Mr. Greg Beauchamp presented the Public Transportation Joint Participation Agreement and Resolution with the Florida Department of Transportation (FDOT) and Coordinated Transportation System, Inc. (CTS) for the shuttle bus program. Comm. Foley moved to authorize the Chairman to sign the agreement. Comm. Dean seconded and the MOTION CARRIED.

 TAX CERTIFICATES

Mr. Beauchamp presented the List of Lands Available for Taxes submitted by Mrs. Patty Galyean, Deputy Clerk for tax deed sales held on April 19, 1999 and April 26, 1999.

 BIDS

Mr. Beauchamp said he will have the proposed policy for purchasing equipment on an emergency basis available at the next regular meeting.

 SUITS

Mr. Beauchamp said suits against the county on zoning issues are pending until a response is received from the court.

ROADS, STATE

Comm. Rooks said the recent FDOT meeting on the turnpike extension has created concerns about limited or controlled access, clarification of funding and the impact on the county have not been properly clarified by FDOT. Comm. Rooks moved to notify FDOT that Levy County opposes the turnpike extension. Comm. Dean seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

Comm. Rooks moved to perform maintenance on a one (1) time basis for the following:

SW 77th Place and SW 72nd Place, known as Coastal Oaks Road and HD Road, on the portions which have dedicated right of ways only.

Comm. Dean seconded and the MOTION CARRIED.

 COMMUNICATIONS

Comm. Rooks said she met with representatives from the telephone company for the 463, 489, 447 exchanges to provide local access calling. Comm. Rooks said she will also be speaking with United Telephone on the 528 exchange for local access calling throughout the county.

 EMERGENCY MEDICAL SERVICES

Comm. Dean said he was recommending the shift supervisor position for Emergency Medical Services be compensated at $600.00 annually for the extra duties assumed in that position. Comm. Dean said the compensation would be for the position and not the employee. Comm. Dean moved to compensate the shift supervisor position at $600.00 annually. Comm. Rooks seconded. Mr. Beauchamp said the union should be notified and a response obtained from them and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 Frank Davis, Board Chairman

ATTEST: 

Douglas M. McKoy, Clerk of Court