REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 18, 19 99
The Regular Meeting of the Board of Levy County Commissioners was held on May 18, 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. Foley followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Dean moved to approve the following expenditures presented for payment. Comm. Foley seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 19317-19576 (VOIDS 19319; 19331)
GENERAL FUND $227,627.80
ROAD & BRIDGE FUND 22,484.87
LOCAL HOUSING ASSISTANCE 19,720.00
PERMANENT MOSQUITO CONTROL 14,773.00
LOCAL LAW ENFORCEMENT FUND 1,100.00
FINE & FORFEITURE FUND 10,110.81
E911 COMMUNICATIONS 5,570.62
LANDFILL & RECYCLING 80,981.49
LAW ENFORCEMENT TRUST FUND 452.00
FLORIDA POWER GRANT FUND 437.56
EMERGENCY MEDICAL SERVICE 12,869.12
SPECIAL CONDITION 14,550.13
FIRE CONTROL FUND 23,507.41
CDBG GRANT FUND 31,100.00
STATE GRANT-JUVENILE JUSTICE 605.92
UTILITIES FUND 1,279.68
MSTU-RAINBOW LAKES ESTATES 230.40
TOTAL $467,400.81
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of May 4, 1999. Comm. Rooks seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Otis Green of Williston inquired if any further action has been taken on the roads in located in East Williston which need paving. Chairman Davis requested Mr. Green to provide a list of the roads he is requesting to be paved to the Road Department. Chairman Davis advised Mr. Green upon receipt of the list of roads the Road Department would be able to address the right of way issues pertaining to each road.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement for consideration:
Robert E. and Donna J. Hatcher, Lot #1, Block 46, Williston Highlands, Unit 5, 2530 SE 141st Court, Williston, for $3,300.00 to purchase an existing home.
Comm. Dean moved to approve the Deferred Payment Loan Agreement. Comm. Foley seconded and the MOTION CARRIED.
GRANTS
Mrs. McQueen reported on the progress of the Community Development Block Grant (CDBG) for Neighborhood Revitalization consisting of road construction. Mrs. McQueen said Service Area #1, NE 105th Avenue will have to follow all of the permitting process since Southwest Water Management District will not allow an exemption. This will delay the process for an additional 30 days or more before a review of the plans and specs is done by the Department of Community Affairs (DCA)
Mrs. McQueen said the engineer has requested the grubbing and clearing for Service Area #2, SW 60th Street be started in preparation for paving when the plans and specs are reviewed and approved by DCA. Mrs. McQueen said there will be minimum clearing and grubbing required for Service Area #3, SE 201st Street which has been well maintained. Mrs. McQueen said the county match funds of $150,000.00 will be from the clearing and grubbing of the sites, and administrative costs from the contract date of June 26, 1998 with work contracted out if necessary. Mrs. McQueen advised the bid process should begin at the end of June, 1999 with bid openings at the beginning of August and the closing of the grant by January, 2000. Comm. Yearty recommended Comm. Foley work with Mrs. McQueen and Mr. Skip Hammell in preparing the invitations to bid, accounting of matching funds from the work done by the Road Department.
PROPERTY APPRAISER
Mr. Francis Akins, Property Appraiser reported $28,062.08 generated from the sale of maps for the 1997-1998 fiscal year. Mr. Akins requested an amendment increase to his current budget of $25,000.00 for further development of the mapping project. Comm. Dean moved to approve the budget amendment for the Property Appraiser. Comm. Rooks seconded and the MOTION CARRIED.
MOSQUITO CONTROL
Mr. Billy Cobb said notice was received from Mosquito Control advising two (2) items of property were disposed of prior to the auction. Mr. Cobb said a 1050 gallon storage tank manufactured by Mainick being utilized as a chemical storage tank leaked and was not repairable. Mr. Cobb said the tank was disposed of in a proper manner at the landfill. Mr. Cobb said a Siemens Nixdorf computer/phone hookup modem was struck by lightning and was not repairable and was disposed of. Mr. Cobb said the two (2) items need to be removed from the property inventory list. Comm. Dean moved to remove the items from the property inventory. Comm. Foley seconded and the MOTION CARRIED.
APPOINTMENTS
Mrs. Jacqueline Martin, Board Secretary presented a request from the Withlacoochee Regional Planning Council for the following appointment:
Ms. Elizabeth Peterson, as an alternate for the Representative of Florida Department of Elder Affairs for the coordinating board. The recommendation for appointment is at the request of the Mid-Florida Area Agency on Aging.
Comm. Foley moved to approve the appointment of Ms. Peterson. Comm. Rooks seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported effective the first Tuesday in June the Cedar Key station will begin blood pressure tests at city hall on the first and third Tuesday of each month to promote public relations.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
NE 52nd Street and NE 134th Terrace located in Green Highlands Park, six (6) loads of rock and 66' right of way.
Comm. Dean moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt said he has prepared a proposed floor plan for the First Federal bank building to house Building and Zoning, Planning and 911 Addressing. Comm. Yearty said the Space Committee will review the plans. Comm. Rooks requested sufficient space be allocated for 911 Addressing to allow for a drafting table.
AIRPORTS
Mr. Walt McJordan said the improvements at the Cedar Key Airport are proceeding and there has been a reduction in complaints involving automobiles and airplanes. Mr. McJordan said some complaints are from people who launched their boats from the airport. Comm. Yearty said any improvements to the airport need to be reviewed by the county engineer, Lee Mills.
COUNTY AGENT
Mr. Greg Beauchamp, County Attorney said the 4H program has requested authorization to use a school bus for their summer programs. Mr. Beauchamp said the Levy County School Board has requested a hold harmless agreement from the county to allow the use of the bus. Mr. Beauchamp said there will be no charge for the bus if the county provides the driver and the fuel as has been the policy in the past. Comm. Dean moved to sign the hold harmless agreement with the Levy County School Board. Comm. Rooks seconded and the MOTION CARRIED.
TAX CERTIFICATES
Mr. Greg Beauchamp presented the "List of Lands Available for Taxes" from the Tax Deed Sale of May 10, 1999 submitted by Mrs. Patty Galyean, Deputy Clerk to be attached for the record.
PERMITS
Mr. Beauchamp reported that Mrs. Margaret Knight has submitted her annual request for a permit to hold the Fall Withlacoochee Bluegrass Jamboree on November 5, 6, and 7, 1999. Mr. Beauchamp said Mrs. Knight has submitted her payment of $50.00 for the permit along with her agreement to abide with the guidelines set for the festival. Comm. Yearty moved to approve the request for a permit for the Fall Withlacoochee Bluegrass Jamboree. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp said the agreement with the Levy County Development Authority needs to be amended and a clarification on the distribution of funds remaining at the end of the fiscal year. Mr. Beauchamp said the agreement will allow the $70,000.00 allocated to the Development Authority to be disbursed in equal quarterly installments and the Development Authority will provide a retroactive financial report of all expenditures and an annual audit of the Authority financial records. Mr. Douglas McKoy said clarification is necessary for the proper distribution of last year’s funding. Comm. Dean moved to clarify the Board’s intent to allow the Development Authority to carry forward excess funds each calendar year as long as the Development Authority is active and the county still has an agreement with the Development Authority. Comm. Foley seconded and the MOTION CARRIED.
Comm. Rooks moved to approve the amended contract with the Levy County Development Authority for the 1998 to 1999 fiscal year. Comm. Dean seconded and the MOTION CARRIED.
BIDS
Mr. Beauchamp presented for review the "Policy to Purchase Equipment Without Receiving Bids." Mr. Beauchamp recommended the policy be reviewed before any action is taken.
ORDINANCES
Mr. Beauchamp said the public hearing for amending the Lineal Heir Subdivision Ordinance is being advertised for June 22, 1999.
SCHOOLS
Mr. Billy Cobb said the Levy County School Board has requested authorization to obtain limerock, have it hauled and spread for the Hill Top School parking lot. Comm. Yearty moved to approve the request with the costs being reimbursed by the school board for the parking lot at Hill Top School. Comm. Rooks seconded and the MOTION CARRIED.
SHERIFF
Sheriff Glass presented the application for the Edward Byrne Memorial State and Local Assistance grant which assists in funding the multi-jurisdictional drug task force. Comm. Rooks moved to approve the grant application to be signed by the Chairman. Comm. Dean seconded and the MOTION CARRIED.
Sheriff Glass reported the Booze or Lose grant application was denied. Sheriff Glass said the applications for the grant exceeded the funding.
ROAD CLOSING
Chairman Davis opened the public hearing for proposed road closings at 10:30 a.m. Mr. Greg Beauchamp read the resolution for a proposed road closing as follows:
That certain fifty (50') foot road lying south and adjacent to Lot 1, Block "C" of STEEPLECHASE FARMS as recorded in Plat Book 8, Page 37, public records of Levy County, Florida and being more particularly described as : Beginning at the West line of Section 35, Township 13 South, Range 17 East, thence run N 89E24'22" E a distance of 659.41 feet to the East Line of Block "C" extended to the South.
Mr. Ken Chapin spoke in opposition to the road closing and presented 36 petitions opposed to the closing. Mr. Chapin said the developer planned for future growth in the subdivision and the right of ways allow access for bicyclists and horseback riders. Mr. Chapin said the approval of the road closing would deny access into Goethe Forest. Comm. Yearty said he was advised that a 15 foot access would remain and allow access for emergency vehicles and would be available for horseback riders. Comm. Dean said the public notice was not advertised to allow a 15 foot access on the right of way. Chairman Davis said he had a concern on denying access to the property owner of the plat of land lying adjacent to the property. Comm. Foley said the road closing would deny access to residents who purchased property in the subdivision to the forest. Comm. Foley moved to deny the request for the road closing. Comm. Dean seconded and the MOTION CARRIED.
Ms. Beryl Baer said the road was not posted advertising the road closing. Comm. Foley said if another request for road closing is made the area will be posted by the Road Department.
Mr. Gerald Dockery said there is a fence across an 80 foot easement in Steeplechase Farms which has not been closed, vacated or abandoned. Mr. Justin Watson said a notice has been sent to the owner advising them to remove the fence from the public right of way.
Mr. Beauchamp read the resolution for the proposed road closings located:
SW 77th Lane from Pine Avenue to Pecan Avenue;
Hazel Avenue from SW 78th Lane to SW 77th Lane;
Oak Avenue from SW 78th Lane to SW 77th Lane;
Pecan Avenue from SW 78th Lane to SW 77th Lane;
all located and being in CEDAR KEY HEIGHTS SUBDIVISION,
Section B, Levy County, Florida.
Mr. John Quimby said the road closings would not deny access to any property owners as other access roads were available.Mr. Henry Brown, Mr. Scott McNulty and Mrs. Doris Hellerman spoke in opposition expressing their concerns on access to surrounding land owners property, the existing road conditions, and concern if the proposed road closings are approved the property will be used to create a subdivision without the developer following the current Land Use Regulations, which include paving roads. Comm. Rooks said the condition of the roads and growth occurring in the area is a cause for concern. Comm. Rooks said 6th Street is not legally closed but the road was blocked. Mr. Walt McJordan said he has heard complaints on the conditions of the roads in the area and consideration should be given on the long range impact of any road closings in the subdivision. Comm. Dean explained the land on approved road closings is returned to the parent parcel or current owner. Comm. Rooks moved to deny the request for the proposed road closings which appear to change the context of the platted subdivision. Comm. Dean seconded and the MOTION CARRIED. Comm. Rooks recommended creating a committee to review the older platted subdivisions and to address road improvements and a recommendation for a policy or ordinance to deal with the unimproved roads. Comm. Yearty said there are legal ramifications to consider but a moratorium on permits may need to be considered. Chairman Davis said Ms. Krista Kelly and Mr. Rob Corbitt have been reviewing the problem with the roads in the old platted subdivisions and will be providing their findings and recommendations.
Mr. Barney Cannon recommended an ad valorem assessment to the developer or owner. Mr. Walt McJordan said a strong stabilized road system was important for real estate transaction. Mr. McJordan said purchasers of larger parcels encompassing smaller lots could establish continuity and stabilization in an area.
PARKS AND RECREATION
Comm. Foley said Mr. Paul Perra of the Suwannee Basin GEOPark has requested the Road Department grade the Levy County portion of the NatureCoast Greenway. Comm. Yearty moved to authorize the grading of the NatureCoast Greenway by the Road Department on the Levy County portion. Comm. Rooks seconded and the MOTION CARRIED. Comm. Foley recommended coordinating the work with Mr. Paras to prevent a disruption to the current Road Department work schedule.
SALARIES AND WAGES
Comm. Dean moved to approve an upgrade in position for Mrs. Tonee Fallender to 911 Quadrant Specialist II with an increase in pay to $9.00 per hour. Comm. Foley seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Comm. Dean said a notice is being posted to fill the vacancy in the 911 Addressing office.
COUNTY AGENT
Chairman Davis appointed Comm. Dean to chair a committee to interview the finalists and make a recommendation for the position of extension agent.
ORDINANCES
Comm. Rooks said the state attorney has returned the proposed noise ordinance withe their comments and the committee will be reviewing the recommendations prior to advertising for a public hearing.
BUILDING AND GROUNDS
Comm. Yearty said the space committee will be reviewing the designs submitted by Mr. Rob Corbitt for the First Federal Building. Comm. Yearty said in the Baker Building there are two (2) rooms which are not presently being used and a conference room being used part time by the Levy County Development Authority. Comm. Yearty moved to authorize the Levy County Archives Committee to use the two (2) rooms and share the conference room with the Development Authority located in the Baker Building. Comm. Rooks seconded and the MOTION CARRIED.
COMMUNICATIONS
Comm. Rooks advised she will arrange to have a speaker from the telephone company to address the local access issue.
CONTRACTS AND AGREEMENTS
Mr. Billy Cobb said DCA has requested an extension of the conceptual agreement for the purchase of Devil’s Hammock which expires July 27, 1999. Mr. Cobb said the state has not completed the appraisals and an agreement to the extension must be forwarded by May 24, 1999 to the Department of Community Affairs (DCA). Comm. Dean moved to agree to the extension of the conceptual agreement. Comm. Rooks seconded and the MOTION CARRIED.
HEALTH
Mrs. Jacqueline Martin presented a letter of intent to the Department of Health, Division of Family Health Services (HSS) for renewal of the Primary Care Challenge Grant for the multi-county project with Dixie and Gilchrist counties. Mrs. Martin said the grant provides primary care services, dental care for indigent residents, diagnostic testing and a budget for medications. Comm. Dean moved to authorize the Chairman to sign the letter of intent. Comm. Foley seconded and the MOTION CARRIED.
LEASES AND RENTALS
Mrs. Martin said Dr. James Cato, Director of the Florida Sea Grant, University of Florida has requested a letter of support to utilize the six (6) acres of submerged lands management lease off of Cedar Key for the clam aquacultural industry. Comm. Rooks moved to authorize the Chairman to sign the letter of support. Comm. Yearty seconded and the MOTION CARRIED.
LANDFILL
Mr. Billy Cobb said they are discussing tipping fees with New River and will be ready to begin transporting the solid waste upon delivery of the two (2) trailers. Chairman Davis said the driver should be qualified to drive a tractor- trailer. Mr. Wayne Hardee said there are several employees who have a Commercial Driver’s License (CDL) who can drive the tractor trailer for the transportation of the solid waste. Mr. Hardee said they have not driven tractor trailers but have driven trucks pulling low boy trailers. Mr. Hardee said they should be able to handle the truck driving of the solid waste.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Frank Davis, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court