BOCC-Regular Meeting December 3, 1996

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

December 3, 1996

 

The Regular Meeting of the Board of Levy County Commissioners was held on December 3, 1996 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

 

Chairman Wilbur Dean

Vice Chairman Sammy Yearty

Comm. Don Foley

Comm. Don Lindsey

Comm. Frank Davis

 

 

 

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 Douglas McKoy followed by the Pledge of Allegiance to the Flag.

 

Comm. Yearty moved to accept the minutes from the Special Board Meeting on September 30, 1996, Regular Board meetings on October 22, 1996 and November 19, 1996. Comm. Lindsey seconded and the MOTION CARRIED.

 

Comm. Yearty moved to approve payment of bills presented. Comm. Lindsey seconded

MOTION CARRIED.

 

EXPENDITURES

 

The following expenditures were presented for payment.

 

FUND AMOUNT

CHECK NUMBERS: 5729-5863

 

 

 

GENERAL FUND

$541,225.52

 

ROAD & BRIDGE FUND

22,005.40

 

FINE & FORFEITURE FUND

2,576.88

 

LANDFILL & RECYCLING

2,507.34

 

LAW ENFORCEMENT TRUST FUND                

2,609.16

 

EMERGENCY MEDICAL SERVICE

4,577.74

 

ST GRANT-JUVENILE JUSTICE

651.33

 

TOTAL

$576,153.37

 

 

 

ZONING/AMENDMENT

 

Jane Snavely advised the Board that the Small Scale Plan Amendment #96-2, for the King property adjacent to Highway 19/98 had received two (2) challenges. She advised the Board that there was no need for her to be on the agenda today, however, she appeared in order to bring the Board up to date on the status of the amendment.

 

 

 

AQUACULTURE

 

Leslie Sturmer, UF Aquaculture Extension Agent, made a presentation on a Community Land-based Nursery Facility for Hard Clam Aquaculture. She requested the support of the Board on a grant application for funds to construct the facility. The City of Cedar Key and the University of Florida Cooperative Extension Service are preparing a grant to apply for funding through an aquaculture grant program administered by the Department of Environmental Protection. Comm. Lindsey moved to support the proposal with no liability to Levy County. Comm. Davis seconded. After brief discussion the MOTION FAILED with Comm. Foley, Comm. Yearty and Comm. Dean voting Nay.

 

 

 

LANDFILL/PERSONNEL

 

Sarah Miller, a former landfill employee spoke concerning an article in the Chiefland Citizen. She continued to express her concern that her termination from the landfill for light duty work was a result of supervisory inefficiencies. Mrs. Miller made further statements declaring that the landfill was not in compliance with state regulations.

 

Mr. Wayne Hardee, Landfill Supervisor, addressed the Board in response, stating that the landfill is in compliance. “The State would notify the county immediately if proper guidelines were not being followed,” Mr. Hardee said. No further action was taken.

 

 

 

ROADS DEPARTMENT/EQUIPMENT

 

Board Secretary Heather Alexander opened bids as advertised at 10:12a.m. for an equipment trailer. There were four (4) bids received.

 

Liddell Trailer $27,352.00

 

Falcon Power $24,000.00

 

Highland Tractor $25,200.00

 

Ring Power Corp. $34,491.00

 

A committee of Comm. Foley, Skip Hammell, Kelly Jerrells and Billy Cobb were appointed to review the bids. The committee later returned and recommended the apparent low bid from Falcon Power. Comm. Yearty moved to accept the recommendation of the committee. Comm. Lindsey seconded.

MOTION CARRIED.

 

 

 

ZONING

 

Mr. Rob Corbitt, Building and Zoning Supervisor, presented a petition for one (1) hardship variance as follows: A letter of opposition was received by mail.

 

Petition No. VA-00343 – Richard Stone, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother (Loraine Stone), on a parcel of land located in all of Lot 2, Block H, US 19 No. 1 Addition, in Section 15, Township 11S, Range 14E, in Levy County. Said Parcel contains 1.5 acres more or less and is located within a Commercial (C-3) zone. 7152 NW 138th Place.

 

Mrs. Lou Bradshaw advised the Board that she lived adjacent to this property and had been denied a similar petition in the past. Mrs. Bradshaw stated that she supported the petition and asked for similar consideration if she ever petitioned for a variance again.

 

Comm. Lindsey moved to allow the hardship variance. Comm. Foley seconded.

MOTION CARRIED.

 

 

 

PROPERTY APPRAISER

 

Property Appraiser, Francis Akins, requested that the monies received from the sales of copies of maps and land ownership atlas be returned to the Property Appraiser’s General Operating Account. The amount tendered was $19,283.00 for the 1995-1996 fiscal year. Comm. Yearty moved to return the monies. Comm. Davis seconded.

MOTION CARRIED.

 

Clerk of Court Douglas McKoy inquired of Mr. Akins as to whether he had made the necessary request to the Department of Revenue to amend his budget. Mr. Akins replied that he would make the request subsequent to Board approval of the return of funds.

 

 

 

ROAD CLOSURE

 

County Attorney Greg Beauchamp read the resolution for closure of the following road:

 

That certain portion of Easy Boulevard lying between Blocks 8 & 9: and,That certain portion of Beech Avenue lying between Blocks 9 & 10:All as shown on the plat of Refile of Unit 1, Bronson Heights, as recorded in Plat Book 2, Page 12, of the Levy County, Florida Public Records. Said lands situate, lying and being in Levy County, Florida.

 

There were no objections presented before the Board. Comm. Lindsey moved to accept the resolution. Comm. Yearty seconded.

MOTION CARRIED.

 

 

 

PLANNING & ZONING

 

Mr. Herb Heesch, Planning Consultant, reported to the Board that he had two (2) status reports with zoning issues to make to the Board and that he would be requesting Board action. Mr. Heesch advised that the Planning Commission had met several times on the Evaluation and Appraisal report and would continue to meet through the end of this month. Mr. Heesch reported that he and the Commission had reviewed the first and second parts of the Department of Community Affairs (DCA) informal comments and he has held discussions with DCA concerning the comments. Mr. Heesch reported that DCA wants to add additional items to the report and he and the Commission were in the process of collecting this information.

 

Mr. Heesch also advised that the Department of Community Affairs (DCA) is continuing to review the 96-2 Plan Amendments, including the Loyann Mann application. Mr. Heesch said that it would probably be necessary to hold a workshop meeting with DCA on these applications.

 

Mr. Heesch stated that in view of the evaluation and appraisal report and the plan amendments that a special meeting needed to be called for the end of December to adopt two (2) ordinances: (1) To adopt the Evaluation and Appraisal report, (2) To adopt the various plan amendments. Mr. Heesch asked Chairman Wilbur Dean to call for a special meeting. Chairman Dean called for a special meeting as requested to be held on December 31, 1996 at 9:00 a.m. for consideration of adoption of the two (2) ordinances as specified. Chairman Dean asked County Attorney Gregory V. Beauchamp to be responsible for advertising for the adoption of the ordinances.

 

 

 

ROADS/MAINTENANCE

 

Mr. Skip Hammell presented three (3) requests for road maintenance on a one (1) time basis:

 

NE 80th Street between NE 122nd Court and NE 125th Avenue in University Estates, 25′ dedicated right-of-way, 1/4 mile long, 6 loads of rock. Comm. Yearty moved to authorize the repair. Comm. Lindsey seconded.

MOTION CARRIED.

 

NE 113th Avenue in University Estates, 50′ dedicated right-of-way, 10 loads of rock and grade. Comm. Yearty moved to authorize as requested. Comm. Lindsey seconded.

MOTION CARRIED.

 

SE 58th Place in Whispering Pines, Unit 2, 50′ dedicated right-of-way, 4/10 mile long, 4 loads of rock. Comm. Yearty moved to approve as requested. Comm. Davis seconded.

MOTION CARRIED.

 

 

 

LANDFILL

 

Mr. Wayne Hardee reported that David Weatherford and Almarie Mitchem have successfully completed the Landfill Operator Short Course and received a passing score and are now certified as State Certified Landfill Operator. Almarie Mitchem will be working at the scale house fulfilling another upgrade requirement at the landfill. Mr. Hardee recommends an increase in pay of $ .24 per hour for the employees as a result of completing the certification requirements in accordance with the October 21, 1986 policy approved by the Board. Comm. Yearty moved to accept the recommendation. Comm. Lindsey seconded.

MOTION CARRIED.

 

 

 

SHERIFF/COMPUTERS

 

Major Robert McCallum requested an additional amount of $50,000.00 to be added to the normal December budget draw for the Sheriff’s Department for payment of the emergency upgrading to the computer system. Comm. Yearty moved to accept the request. Comm. Lindsey.

MOTION CARRIED.

 

 

 

SHIP

 

County Attorney Greg Beauchamp reported that Ship Director Carol McQueen had received a request from Department of Transportation (DOT) for a partial release on the lien held on a portion of land owned by Juan O. and Tawnya Rodriguez in the Official Records Book 559, Page 278, mortgaged to Levy County, a political subdivision of the State of Florida. Mr. Beauchamp said the property has been condemned for the widening of US 27. Comm. Yearty moved to sign the partial release. Comm. Foley seconded.

MOTION CARRIED.

 

 

 

COUNTY ATTORNEY

 

County Attorney Greg Beauchamp advised that a public hearing is required for a special act relating to Rainbow Lakes Estates municipal services to be considered by the Legislature this year. Mr. Billy Cobb and Attorney Beauchamp will meet with Marion County officials and then arrange a hearing on the proposed special act.

 

Mr. Beauchamp briefly followed up on the objections received on the Small Scale Plan amendment #96-2. A hearing will be required and the Honorable Donald R. Alexander has been appointed Administrative Law Judge.

 

 

 

SPECIAL ASSESSMENTS

 

Mr. Beauchamp reported that the documents necessary to satisfy the liens created by the 1986-1989 Special Assessments are almost completed. Mr. Beauchamp stated that the resolution with an attached exhibit identifying each individual parcel of land will have to be recorded in the Public Records. Mr. Beauchamp stated that Tax Collector, Donald Richburg, had assisted by providing the detailed information concerning the liens which remained on record. Mr. Beauchamp said that all documents should be prepared and ready for approval at the next regular meeting of the Board.

 

Comm. Yearty requested clarification regarding the discount for payment of tax bills since the notices were being sent out late. Mr. Beauchamp indicated that discounts would still be available, noting that the tax notices were sent out late due to the Value Adjustment Board (VAB) hearings.

 

 

 

SPECIAL APPOINTMENT PUBLIC DEFENDER

 

Attorney Beauchamp advised the Board that he had requested and attended a hearing before the Honorable Joseph E. Smith, Levy County Judge, for a number of cases in which David Hallman, Esquire, had been appointed as Special Public Defender. Mr. Beauchamp further reported that Mr. Hallman had reached a settlement agreement with the Court providing for a slight reduction in the fees as originally requested. Mr. Beauchamp stated that Mr. Hallman had provided a letter to all Board members and to the Finance Department for the settlement amounts and requesting payment during this month.

 

 

 

FORESTRY

 

Tom Toland, Levy County Forester submitted his Annual Report for Division of Forestry’s Cooperative Forestry Assistance Program. Mr. Toland has replaced Mr. Todd Knapp as County Forester.

 

 

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

 

 

Wilbur Dean, Board Chairman

 

 

 

ATTEST:

 

 

 

Douglas M. McKoy, Clerk of Court