REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

June 8, 19 99

 The Regular Meeting of the Board of Levy County Commissioners was held on June 8, 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 Glass 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: 19577-19890 (VOIDS 19578-19579-19591 )

 GENERAL FUND                                       $674,534.99

 ROAD & BRIDGE FUND                            53,185.27

 LOCAL HOUSING ASSISTANCE               2,464.93

 PERMANENT MOSQUITO CONTROL          343.12

 MEDIATION FUND                                           800.00

 FINE & FORFEITURE FUND                     34,418.46

 E911 COMMUNICATIONS                           5,414.29

 LANDFILL & RECYCLING                       107,890.79

 LAW ENFORCEMENT TRUST FUND       7,552.99

 FLORIDA POWER GRANT FUND                 982.87

 EMERGENCY MEDICAL SERVICE         11,552.67

 SPECIAL CONSTRUCTION                        4,125.83

 FIRE CONTROL FUND                                 6,363.50

 ST GRANT - JUVENILE JUSTICE               1,105.78

 UTILITIES FUND                                            1,250.33

 MSTU-RAINBOW LAKES ESTATES            100.48

 CDBG GRANT FUND                                      100.00

                                                      TOTAL $912,186.30

MINUTES

Comm. Rooks moved to approve the minutes of the regular meeting of May 18, 1999. Comm. Foley seconded and the MOTION CARRIED.

 LEGISLATIVE

Representative JaneGale Boyd addressed the Board on the recent vetos to the budget by the Governor and new programs. Representative JaneGale Boyd said next year’s budget requests should be submitted so she can ask for them to be included in the appropriate state budgets. Representative Boyd said the budget cuts did not affect our district as seriously as other districts and the county is eligible for the Small County Road Assistance Program. Mr. Douglas McKoy said the county meets the requirements for an overall 10 mill cap with the 9 mils millage rate and the gas tax at six (6) cents.

Comm. Yearty said he appreciated the hard work on the bicycle path in Inglis - Yankeetown and would like to see it placed back into the budget.

Comm. Yearty said the Department of Transportation (DOT) has expressed concerns about the plans for US 27 Alternate outside of Williston. Comm. Yearty said a median cut is needed to eliminate an unsafe traffic maneuver. Comm. Yearty said a letter has been sent to DOT and any assistance Representative Boyd can give in resolving the problem is appreciated.

 SALARIES AND WAGES

Mr. Douglas McKoy said an employee at the Landfill under the direction of Mr. Wayne Hardee has a unique situation on his payroll which is not addressed in the union contract. Mr. McKoy said a decision is needed to determine his pay for the Memorial Day holiday. Mr. Hardee said the employee is scheduled to work 2 hours on Monday as a regular workday and the balance of his time is worked during the week. Mr. Hardee said all other employees were paid for an eight (8) hour holiday. Mr. McKoy said the Finance Department needs a decision on paying the employee for a two (2) hour work day which is his normal workday or paying for an eight (8) hour work day. Mr. McKoy said if the eight (8) hours are paid then at the end of the work week the employee will have accrued six (6) hours of overtime if he works a regular 40 hour week. Comm. Dean said he recommended paying for the hours actually worked. Comm. Foley moved to pay the additional six (6) hours for the holiday pay and if overtime is accrued it is to be paid at the appropriate overtime wage. Comm. Yearty seconded. Comm. Yearty asked Mr. Hardee to reschedule the employees to eliminate this problem. Comm. Rooks said she encourage Mr. Hardee to make alternate arrangements in employees schedules to address a holiday. Mr. Hardee said it is difficult to work the schedule while trying to retain one full time and one part time employee at the scale house. Comm. Yearty, Comm. Rooks, Chairman Davis, Comm. Foley voted AYE and Comm. Dean voted NAY and the MOTION CARRIED.

 MOSQUITO CONTROL

Mr. Hardee said authorization is needed to submit the Work Plan Budget to the state by July 15, 1999. Mr. Hardee said the budget is slightly reduced as the retirement contribution is lower this year. Comm. Dean moved to authorize the budget to be submitted to the state for Mosquito Control. Comm. Foley seconded and the MOTION CARRIED.

 ROAD AND BRIDGE DEPARTMENT

Mr. Luther Wiggins said the residents in Forest Park 2 appreciate the roads which were recently paved, however, he would like to request the final 1.2 miles of NE 118th Terrace be paved. Comm. Dean said he will inspect the area and review the request with the Road Department.

Mr. Otis Green said he would assist in obtaining the cooperation from residents to deed the right of ways to the county for roads in his neighborhood to be paved by the county. Comm. Davis said the Road Department is reviewing the list of roads provided by Mr. Green and will report on their findings.

 MISCELLANEOUS

Mr. Howard Walker inquired if any action has been taken on the amendment approved in the last election to allow additional tax credits for eligible senior citizens. Comm. Yearty said the Small County Coalition has been investigating on how to implement the credit without destroying the tax base of a small county.

 GRANTS

Mrs. Carol McQueen said the plans for the three (3) roads have been received and the committee is recommending the engineer be allowed to offer an invitation to bid requiring all three (3) roads be paved by one (1) contractor and the clearing and grubbing be placed in the specifications as a line item. Mrs. McQueen explained this would allow the match funds of $150,000.00 to be easily determined and meet the requirements of the Department of Community Affairs (DCA). Comm. Foley moved to proceed with the recommendation of the committee allowing the engineer to advertise for bids for one contractor on the complete project and the clearing and grubbing to be a line item for the county to pay. Comm. Yearty seconded and the MOTION CARRIED. Mrs. McQueen said the engineer will be responsible for the inspection of the project but the Road Department should perform their own inspections.

 SHIP

Mrs. McQueen presented a Mortgage Subordination Agreement for approval on a SHIP applicant who has been able to secure a new mortgage at a lower interest rate and lower monthly payments. Mrs. McQueen said the request is within the policy guidelines established for approving subordination agreements. Comm. Dean moved to approve the subordination agreement. Comm. Rooks seconded and the MOTION CARRIED.

 ZONING

Mr. Rob Corbitt presented the following petitions for preliminary plats:

Petition No. PP-00242 - Croft Land Surveying representing Richard Reed, petitioning the Board for a Preliminary Plat of "Austin Ranch Estates," a subdivision located in the NE 1/4 of the NE 1/4 less road right of way in Section 8, Township 13S, Range 19E, in Levy County. Said parcel contains 40 acres more or less and is located within a Residential "R" zone. The Planning Commission submits a recommendation for approval. There was no opposition presented to the plat.

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

Petition No. PP-00243 - Croft Land Surveying representing Florida Concrete Construction, petitioning the Board for a Preliminary Plat of "Rockwood," a subdivision located in the NE 1/4 of the NE 1/4 in Section 36, Township 12S, Range 18E, in Levy County. Said parcel contains 26 acres more or less and is located within a Residential "R" zone. The Planning Commission submits a recommendation for approval. One resident presented opposition at the Planning Commission meeting but no further opposition has been heard.

Comm. Dean moved to approve the preliminary plat. Comm. Rooks seconded and the MOTION CARRIED.

 LANDFILL

Mr. Billy Cobb presented the agreement with New River Solid Waste Association. Mr. Cobb said the current tipping fees will be $33.07 per ton. Mr. Cobb said this amount is negotiable with New River. Mr. Cobb said the agreement is for two (2) years and we will be responsible for our own equipment and the acts of our employees. Comm. Dean moved to approve the agreement. Comm. Yearty seconded and the MOTION CARRIED.

 AIRPORT

Mr. Cobb said recommendations for improving the safety at the airport consisting of painting designated parking areas for planes, additional no parking signs and no fishing signs have been reviewed by the county engineer, Mr. Lee Mills and have met with his approval and comply with the Airport Plan. Comm. Yearty moved to authorize the improvements at the airport. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Cobb said Mr. Mike Davis has requested to purchase a portion of the property at the airport who wants to square off his property. Comm. Rooks moved not to sell any property at the airport. Comm. Dean seconded and the MOTION CARRIED.

Sheriff Glass said there is an interlocal agreement with the City of Cedar Key Police Department and the Sheriff’s Office to patrol the airport area.

ANIMAL CONTROL

Mr. Cobb presented a recommendation to increase the salary for the following employee:

Michael Schenk, Jr., an increase of his salary to $9.25 per hour as Senior Animal Control Officer.The increase is to be effective June 4, 1999.I

Comm. Dean moved to approve the salary increase as recommended. Comm. Rooks seconded and the MOTION CARRIED.

TAX COLLECTOR

Ms. Heather Alexander presented for approval the Recapitulation certifying a true list of all Errors, Insolvencies, Double Assessments and Discounts for the Assessment Roll of 1998. Comm. Yearty moved to approve the Recapitulation. Comm. Rooks seconded and the MOTION CARRIED.

APPOINTMENTS

Ms. Alexander presented the following recommendations:

Richard Hawthorne - Construction Board

Comm. Yearty moved to reappoint Mr. Hawthorne to the Construction Board. Comm. Dean seconded and the MOTION CARRIED.

John Hart - Construction Board

Comm. Foley moved to reappoint Mr. Hart to the Construction Board. Comm. Dean seconded and the MOTION CARRIED.

Donald Harris - Board of Adjustment

Comm. Dean moved to reappoint Mr. Harris to the Board of Adjustment. Comm. Foley seconded and the MOTION CARRIED.

Elton Cobb - Board of Adjustment

Comm. Dean moved to reappoint Mr. Cobb to the Board of Adjustment. Comm. Foley seconded and the MOTION CARRIED.

Ken Edmonds - Construction Board

Comm. Rooks moved to reappoint Mr. Edmonds to the Construction Board. Comm. Dean seconded and the MOTION CARRIED.

 PLANNING, COUNTY

Ms. Krista Kelly said the EAR based amendment report has been received from the Department of Community Affairs (DCA). Ms. Kelly said the county was commended for the improvements in the language and received no comments to the mapchanges. Ms. Kelly said she will schedule a review with the Planning Commission and have the final recommendations presented within the 120 days allocated.

 ROAD MAINTENANCE

Mr. Jimmy Jerrels presented the following request for placement on the paving list:

NE 153rd Avenue and NE 153rd Court in Spring Lake Estates, 0.33 mile long with 50' dedicated right of way.

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

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

NE 65th Street from NE 119th Terrace to NE 115th Avenue in Oak Ridge Estates, ½ mile long, 15 loads of rock.

Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.

 EMERGENCY MANAGEMENT SERVICES

Mr. Osborn Barker referred to his letter of resignation and thanked the commissioners for allowing him to work and serve the county the last four (4) years and he recommended continued support of the Emergency Management Services program.

Comm. Yearty moved to appoint Paula Lane as Interim Director for Emergency Management Services until a Director is appointed. Comm. Foley seconded. Comm. Yearty said he has confidence in her ability to handle the day to day running of the office. Comm. Davis said Ms. Lane has the experience to handle the operations and the MOTION CARRIED.

 AGENCIES

Mr. Walt McJordan said the Economic Development Council has approved for a member of the County Commission to be an ad hoc member with no voting privileges. Mr. McJordan said they recommended each current Chairman hold the ad hoc position. The Board took no action at this time.

 CONTRACTS AND AGREEMENTS

Mr. Greg Beauchamp presented a Fill Dirt Agreement with Mr. Eddie Weems for consideration. Comm. Dean said the fill dirt would be provided free of charge and the fill dirt could be stockpiled at the site and be used as needed. Comm. Dean moved to approve the contract upon the correct name being placed on the contract and the correct legal description of the property being included. Comm. Foley seconded and the MOTION CARRIED.

 ORDINANCES

Mr. Greg Beauchamp presented an emergency ordinance prepared at the Board’s request as a result of numerous complaints received on mud bogging events. Mr. Beauchamp said to enact an emergency ordinance findings must be that the health, safety, and protection of the general public is at risk. Comm. Yearty said he has had complaints and has asked the owner sponsoring the events to meet and discuss the complaints of traffic control, noise and crowd control, use of alcoholic beverages with no apparent restrictions, creating a threat to the environment from severely damaging and/or destroying ponds, wetlands and water resources, allowed crossing and destruction of boundary lines without consent of adjoining property owners and visual pollution of property by uncontrolled littering and trashing of property. Comm. Dean said he was aware of underage youth in possession of alcoholic beverages at the mud boggings. Comm. Dean said he was not against a properly organized mud bogging event.

Sheriff Glass said the events are held without a permit and no advance notice to his office. Sheriff Glass said a severe impact is made on his available resources when the event is held and he unable to allocate adequate protection at the events he has not been noticed on. Sheriff Glass said the events presently being held are creating a hazard to public safety with no organization other than money being collected. Sheriff Glass said he is opposed to a personal private venture imposing on public safety resources for their personal gain and at the tax payers expense.

Mr. Beauchamp said a moratorium is controversial and could be subject to legal action. Comm. Yearty moved to adopt the emergency ordinance Providing for six (6) month moratorium on organized mud bogging events; providing for consideration of imposing regulations and restrictions by county commission; providing for penalty; providing for action to Sheriff; providing for effective date.Comm. Rooks seconded and the Ordinance is passed by unanimous vote of all five (5) County Commissioners pursuant to Florida Statute 125.66, said Commissioners having determined that an emergency exists based upon the findings stated herein and having waived the notice requirements by an unanimous vote.

Comm. Dean said he was concerned about the destruction to the environment and the issue needed to be addressed to the Southwest Water Management District again. Sheriff Glass said he would contact the Southwest Water Management District to see if he can obtain their cooperation.

 COMMITTEES

Comm. Yearty appointed Mr. Douglas McKoy, Mr. Francis Akins, Mr. Donald Richburg and Mr. Billy Cobb to review the amendment allowing additional tax relief for residents over 65 years old and to advise on their findings.

ROAD MAINTENANCE

Comm. Rooks said Mr. Quimby has removed the barrier he erected in Cedar Key Heights Subdivision and the barrier located on SW 76th Street and SW 123rd Terrace in needs to be removed by the Road Department as the owner has currently left the state. Comm. Rooks moved to authorize the Road Department to remove the barrier and to bill the land owner for the costs. Comm. Yearty seconded and the MOTION CARRIED.

 ORDINANCES

Comm. Rooks distributed copies of the proposed Noise Ordinance for review.

 ROAD AND BRIDGE DEPARTMENT

Comm. Rooks said a problem has arisen with the road located in front of the Cedar Key School. Comm. Rooks said the county engineer, Mr. Lee Mills will review the site and the findings will be presented at a later date.

Comm. Foley presented the following be added to the paving list:

NW 40th Avenue (LCR 139) located in Oak Knoll Estates for ½ mile from LCR 217 to CR C346A.

Comm. Foley moved to approve the placement on the paving list. Comm. Dean seconded and the MOTION CARRIED.

NW 41st Terrace, NW 43rd Court, NW 156th Street, NW 157th Street located within Oak Knoll Estates, 1.05 miles.

Comm. Foley moved to approve the placement on the paving list. Comm. Dean seconded and the MOTION CARRIED.

Comm. Dean moved to place two (2) miles of LCR 117 on the paving list. MOTION DIED.

 ROAD CLOSING

Mr. Greg Beauchamp said a request has been received to advertise the closing of a portion of the road in Steeplechase which was previously denied. Comm. Davis said a review of road closure requests may be necessary prior to accepting the requests with the applicants bearing the costs. Comm. Rooks said a review would possibly prevent land locking other residents. Mr. Rob Corbitt said consideration could be given to have all road closings requests reviewed by the Plat Review Committee.

 ROAD CLOSINGS

Mr. Greg Beauchamp said the roads Mr. John Quimby requested closed in Cedar Key Heights Subdivision and were denied at the regular meeting on May 18, 1999 were incorrectly identified in the resolution. Mr. Beauchamp said no changes were needed to the resolution denying the road closings.

 APPOINTMENTS

Chairman Davis said he will be making another appointment to the North Central Florida Health Planning Council since Comm. Yearty has been unable to accept the appointment.

 EMERGENCY MANAGEMENT SERVICES

Mr. Osborn Barker said it appeared that a commissioner was not appointed to Emergency Management when committee chairs were named. Chairman Davis said he was designated as the appropriate commissioner.

Comm. Rooks asked for an update on the special needs facility for the medically handicapped at emergency shelters. Mr. Barker said the county health department is responsible for medical staff at all emergency shelters.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 Frank Davis, Board Chairman

ATTEST: 

Douglas M. McKoy, Clerk of Court