REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
February 22 , 2000
The Regular Meeting of the Board of Levy County Commissioners was held on February 22, 2000 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. Frank Davis
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. Davis moved to approve the following expenditures presented for payment. Comm. Foley seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 23529-23766
GENERAL FUND $133,319.90
ROAD & BRIDGE FUND 117,817.37
LOCAL HOUSING ASSISTANCE 19,785.00
LIBRARY 3,194.97
MEDIATION 112.84
COURT SERVICES 39,352.92
LANDFILL & RECYCLING 72,187.73
COURT FACILITIES 2,888.99
FLORIDA POWER GRANT FUND 271.38
EMERGENCY MEDICAL SERVICE 21,350.19
SPECIAL CONSTRUCTION 18,994.47
CRIMINAL JUSTICE 145.74
FIRE CONTROL 43,690.91
DRUG TASK FORCE 15,135.06
ST GRANT - JUVENILE JUSTICE 5,073.40
ADDITIONAL REVENUE 79,842.95
UTILITIES FUND 539.81
MSTU-RAINBOW LAKES ESTATES 92,473.40
MSTU-HEATHERWOOD 2,877.32
TOTAL $669,054.35
MINUTES
Comm. Rooks moved to approve the minutes of the regular meeting of February 8, 2000. Comm. Davis seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. James Miller requested paving LCR 117 on the Alachua County line. Mr. Miller explained a traffic count has shown there are 500 trips per day. Mr. Miller commended the response from the Road Department in maintaining the road but stated the road needs to be paved. Mr. Miller said he has contacted the Alachua County Road Department and they have not offered any cooperation and he is requesting Board intervention with Alachua County as they are continuing to issue move on permits for mobile homes in the area. Mr. Justin Watson explained the county is maintaining only the portion of road right of way located in Levy County and the majority of the road is located in Alachua County. Chairman Dean requested Mr. Watson and Mr. Greg Beauchamp to review the situation and for Mr. Beauchamp to write a letter to Alachua County for documentation of their position.
MISCELLANEOUS
Mrs. Winnelle Horne said the fireplace has been completed at the Levy County quilt Museum and thanked everyone for their support. Chairman Dean commended Mrs. Horne on her contributions to the county.
WATER WAYS
Mr. Charles Green asked if a speed limit could be placed on Daugherty Bayou in Cedar Key for recreational boat traffic. Mr. Green said damage is being inflicted on his floating dock and the shoreline as more and more boaters are using the bayou for access to the fishing areas. Comm. Yearty said he was uncertain if the county had the right to post a speed limit on the water ways and that it should be the responsibility of the Coast Guard, Marine Patrol, Water Management or another state agency. Comm. Rooks requested Ms. Krista Kelly to review the situation and report on her findings.
ROADS, COUNTY
Mr. Green requested the road department to redefine the road to his home as a neighbor recently had his property surveyed and it was determined the county road was encroaching on the property and he has now installed a fence. Comm. Rooks requested Mr. Justin Watson to inspect the road and to report on his findings.
AGENCIES
Mr. Lannie Cardona explained the Levy County Development Authority and the Levy County Economic Development Council, Inc. has discussed merging the two (2) entities to facilitate promoting economic growth. Mr. Cardona said this action was being recommended to create a unified organization. Comm. Davis moved to approve the concept of combining the two (2) entities. Comm. Rooks seconded. Mr. Cardona said the two (2) boards would conduct business jointly on all issues except in those cases when the Development Authority had decisions to consider relating to application for public funds. Mr. Jim Brantley explained a majority of the Development Authorities and Economic Development Councils are pursuing this course of action to keep the entities active for a useful contribution to economic growth. Mr. Brantley said all meetings would be required to be advertised and open to the public and the MOTION CARRIED.
MUNICIPALITIES
Mr. Earl Cannon, City Manager of Chiefland presented the Urban Services Plan for the annexation of properties north of Chiefland along US 19/98. Mr. Cannon explained that more than 51 percent of the property owners have requested the annexation. Mr. Cannon said at least two (2) public hearings will be held beginning Monday, February 28, 2000 and the city is requesting a letter of support. Comm. Foley moved to approve supporting City Ordinance 2000-05 for the proposed annexation by the City of Chiefland. Comm. Davis seconded and the MOTION CARRIED.
Mr. Cannon said they supported the concept to study the corridor between Fanning Springs and Chiefland future land uses in that area.
ZONING
Mr. Rob Corbitt presented the petition for final plat previously tabled as follows:
Petition No. FP-00184 - Ralph Turner, petitioning the Board for a Final Plat of "Joppa Road Ranchettes," a subdivision located in that part of the NW 1/4 of Section 35, Township 10S, Range 14E, in Levy County. Said parcel contains 50 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Mr. Corbitt said the Planning Commission recommends approval of the final plat. Comm. Foley moved to discuss the previously tabled petition. Comm. Davis seconded and the MOTION CARRIED. Mr. Corbitt explained all technical corrections had been submitted and the plat was in order. Mr. Greg Beauchamp reviewed the plat and indicated it appeared to be in order. Comm. Foley moved to approve the final plat for Joppa Road Ranchettes. Comm. Rooks seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Raymond Burns requested assistance to resolve shooting in his neighborhood of Woodland Acres. Mr. Burns said the lots are 600 feet deep and anyone shooting in their yard is shooting towards an occupied lot and he is seriously concerned about the safety of his grandchildren. Mr. Burns advised he has been in touch with the Sheriff’s Office and has been informed that they do not have an ordinance to prevent shooting in a residential area. Comm. Yearty requested Ms. Kelly to review the current ordinances to determine if there is one applicable and to present a recommendation to control shooting in high density residential areas. Chairman Dean acknowledged that shooting in residential neighborhoods is becoming an increasing problem.
ROADS, COUNTY
Mr. Bill Firzzell inquired on the status of road maintenance in Graceland Shores and understood it would be addressed later in the meeting.
TAX COLLECTOR
Mr. Billy Cobb presented the following Certificate of Corrections of Non Ad Valorem Assessment Roll:
Diane White, 10490 NW 103rd Lane, Chiefland, replaced a single wide mobile home with a double wide mobile home and the only other structure is a workshop.
Comm. Foley moved to approve the Certificate of Correction of Non Ad Valorem Assessment. Comm. Davis seconded and the MOTION CARRIED.
Carl G. Rose, III, Springside Subdivision at Manatee, Lots 23 and 24, lots are vacant and listed as one (1) parcel.
Comm. Yearty moved to approve the Certificate of Correction of Non Ad Valorem Assessment Roll. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Billy Cobb presented a Disaster Relief Funding Agreement with FEMA for reimbursement of expenditures from Hurricane Floyd. Mr. Cobb explained that Levy County was not declared a disaster area but is entitled to reimbursement for opening shelters, providing food and services provided by the Road Department and the Sheriff Office during the emergency. Comm. Rooks moved to approve the Disaster Relief Funding Agreement. Comm. Davis seconded and the MOTION CARRIED.
VETERAN’S OFFICE
Mr. Leo Flynn presented a cashier’s check in the amount of $1,109.16 from the Levy County Veterans Support Group for the purpose of assisting in the purchase of a flagpole to be placed by the Veterans monument. Mr. Flynn explained this donation was previously discussed and the purchase of the flagpole was approved.
Mr. Cobb commended Mr. Flynn as Veteran’s Service Officer.
LANDFILL
Mr. Wayne Hardee presented an Invitation to Bid for a new 2000 Skidsteer Loader (Bobcat) with four wheel drive. Chairman Dean explained the Landfill is attempting to replace the oldest equipment to maintain good equipment for the operations at the landfill. Comm. Foley moved to approve the Invitation to Bid and advertise for a new Bobcat. Comm. Davis seconded and the MOTION CARRIED.
LIBRARY
Mr. Larry White reported on the filing of several legislative bills for the upcoming session which may have an impact on the library system. Mr. White advised one bill will require at least half of the public terminals supplying the Internet to have blocks preventing access to obscene materials. Mr. White reported this system is already in place and will not affect the library system.
Mr. White said a bill is being sponsored on the storage of or the accessing of obscene materials for children or regarding children and not preventing access could possibly allow for the potential prosecution as a 2nd degree felony.
Mr. White added an additional bill being submitted to require libraries to be open on Sunday and if passed could amount to an additional expenditure of $16,000.00 annually. Mr. White said if passed this would require closing the libraries at other hours during the week. Comm. Yearty moved to draft a letter of opposition to requiring libraries to be open on Sunday upon attorney approval of the contents. Comm. Foley seconded and the MOTION CARRIED.
Mr. White reported the Secretary of State is requesting additional funding for library services from state aid but no information has been received where funding would come from.
COMMITTEES
Chairman Dean called to order the public hearing for a Community Development Block Grant (CDBG) to hear the recommendation of the Citizen’s Advisory Task Force (CATF). Mrs. Carol McQueen distributed details for Citizens Participation, Florida Statutes Role, the National Objective of Four Types of CDBG grants and grant size for all Program Categories. Mrs. McQueen said the purpose is to encourage improvements in moderate and slum areas. Mrs. McQueen explained there are four (4) types of grants: 1) Housing - for rehabilitation, relocation, removal or new construction for eligible low and moderate income residents; 2) Commercial Revitalization; 3) Economic Development and 4) Neighborhood Revitalization which may include utility and drainage, paving, sidewalks, lighting, fire protection, removal of architectural barriers or development or improvement projects to prevent continuing deterioration, crime, health and safety problems for low and moderate income residents. Mrs. McQueen said the county would be eligible for up to $750,000.00 in grant funds if it is approved by the Department of Community Affairs (DCA)
Mr. Cliff Norris, Chairman of the CATF reported the committee reviewed the available grants and recommended pursuing Neighborhood Revitalization for road construction for areas with low and moderate income residents. Mr. Norris explained they reviewed for future consideration for the application of grant funds to improve the water systems but additional information is needed and there was a lack of time to obtain all the studies needed and meet the grant cycle.
Mr. Douglas McKoy reported to the Board that he had met with the CATF and had asked them to give consideration to other growing needs of the county including the University Oaks Water System, which was in much need of repairs and the additional water and sewer systems the county may have to take over. Mr. McKoy expressed his opinion that additional measures to control sewage treatment along the county’s rivers and coastal regions must be taken. Mr. McKoy said he had a major concern on the continued use of herbicides in the coastal regions and the poisoning of lands and grasses and recommended exploring for ways to protect the water supply and coastal regions. Chairman Dean closed the public hearing and reconvened the regular meeting after asking for any further public input and none was forthcoming. Comm. Davis moved to accept the recommendation of the CATF and to pursue a grant application for road paving through the Neighborhood Revitalization CDBG grants. Comm. Rooks seconded and the MOTION CARRIED. Mrs. McQueen said the current CDBG grant will be administratively closed by the end of March and there is still some time for a WAGES person to be hired if there is a vacancy they are qualified for.
HOUSING AUTHORITY
Mrs. Carol McQueen provided the Levy County Ordinance 90-5 and information from the US Department of Housing and Urban Development (HUD) for fair housing for public review and explained The Fair Housing Act prohibits discrimination in housing because of Race or Color, National origin, Religion, Sex, Familial status (including children under age of 18 living with parents) or handicap. Mrs. McQueen said a workshop had been held with the professionals (i.e. Realtors, title companies and lenders) and the purpose of this workshop was to inform the public on Fair Housing. Mrs. McQueen added the SHIP program has incorporated a segment on Fair Housing in the education program and the public workshop was concluded.
SHIP
Mrs. McQueen presented the following Deferred Payment Loan Agreements:
Yvonne Czarniak, Allen Wade Subdivision, Lot 22, 325 North Court Street, Bronson for $8,360.00.
Comm. Davis moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
David Lindsey Rogers, Lot 5, Block C, Rustling Pines for $11,160.00.
Comm. Davis moved to approve the Deferred Payment Loan Agreement. Comm. Foley seconded and the MOTION CARRIED.
APPOINTMENTS
Mr. Greg Beauchamp presented a request for the appointment of Bennett A. Hutson to the conflict attorney list. Comm. Davis moved to approve the appointment. Comm. Foley seconded and the MOTION CARRIED.
SUITS
Mr. Beauchamp reported the arbitration hearing for the paramedic has been held and a ruling should be received in approximately thirty (30) days and the other two suits are still pending.
ROAD MAINTENANCE
Mr. Justin Watson presented for consideration the following requests for maintenance on a one (1) time basis:
Graceland Shore - SE 197th Lane, SE 201st Lane, SE 111th Terrace, SE 112th Avenue, SE 111th Avenue, SE 110th Court with dedicated right of ways and requiring twenty (20) loads of rock and grade.
Comm. Yearty moved to approve maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NW 76th Terrace in Circle K Ranchettes requiring two (2) loads of rock and grade.
Comm. Rooks moved to approve maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
NE 78th Lane in University Estates from NE 110th Avenue to NE 105th Avenue, requiring clearing of right of way with a minimum of 25 - 30 loads of rock and grade.
Comm. Rooks moved to approve maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
Comm. Yearty discussed resurfacing LCR 40 for 6.4 miles from US 19/98 to the westerly end of LCR 40. Comm. Yearty said there is an interlocal agreement with Inglis and Yankeetown to petition the state to install a bike path. Comm. Yearty said an engineering report from Lee Mills advises a bike path can be placed separately from the road way. Comm. Yearty explained the asphalt would be approximately $122,000.00. Comm. Yearty moved to resurface LCR 40 from US 19 westerly to the end and that portion of Old Hwy. 40 towards the Izaak Walton Lodge but not to construct a bike path or side walk. Comm. Davis seconded and the MOTION CARRIED. Mr. Watson said the road would need leveling prior to resurfacing. Chairman Dean directed Mr. Watson to report on the leveling but to have the resurfacing project properly done.
Comm. Rooks moved to place LCR 485 on the paving list to be done when LCR 408 is paved. Comm. Davis seconded. Comm. Rooks explained the roads are in close proximity and it will reduce transit time of equipment for the projects and the MOTION CARRIED.
COMMUNICATIONS
Comm. Rooks reported a response had been received from Ms. Judy Bowles advising there was no justification for any other extended calling areas in the county. Comm. Rooks advised she would again contact Ms. Bowles to further investigate adding additional extended calling areas through out the county.
ROADS, COUNTY
Comm. Foley advised the priority schedule for road paving needed to be revised to place LCR 364 with two (2) other roads within its vicinity. Comm. Foley moved to revise the placement of LCR 364 in Woodpecker Ridge on the paving list. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Comm. Foley said he was contacted by Mr. Morris Dean of Dean Trucking concerning his contract with the county for leachate hauling. Comm. Foley explained there was not a provision in the agreement to allow for the current skyrocketing diesel fuel costs and recommended adjusting the contract with Dean Trucking and GRU an increase of $5.00 per load effective January 1, 2000. Comm. Foley moved to increase the per load amount by $5.00 for the leachate haulers under contract effective January 1, 2000. Comm. Dean announced a conflict of interest indicating Mr. Dean was an uncle and he would Chair the action but have no voice in the decision. Comm. Davis seconded. Mr. Wayne Hardee advised the contract would terminate on the 23rd of March, 2000 and the MOTION CARRIED.
SALARY AND WAGES
Comm. Foley presented the following requests for salary increases:
Madge Jordan, Administrative Secretary - increase from $9.8909 to $10.3909 per hour.
Comm. Foley moved to approve the request for an increase in salary. Comm. Davis seconded and the MOTION CARRIED.
Geovanna Pinillos, Secretary III - increase from $7.0894 to $7.9642 per hour.
Comm. Foley moved to approve the request for an increase in salary. Comm. Davis seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Comm. Davis said the position approved for performing administrative duties assigned or delegated by the County Commissioners has been reviewed and the recommendation is to describe the position as Public Affairs Director with a description of the essential job functions and knowledge, skills and abilities required with minimum qualifications and for an annual salary range of $36,000.00 to $40,000.00 being advertised. Chairman Dean said the qualification for a Master’s Degree would prevent qualified people with administration and developmental or governmental skills being excluded from applying for the position. Comm. Davis moved to approve the position as described in the position description for Public Affairs Director. Comm. Foley seconded. Comm. Davis, Comm. Foley, Comm. Rooks and Comm. Yearty voted YES and Chairman Dean voted NO and the MOTION CARRIED.
BUDGET
Comm. Davis moved to pro rate the interest of 1999 and 2000 from Special Assessments and for it to be applied respectfully to Fire, Ambulance and Landfill. Comm. Foley seconded. Comm. Foley inquired on the interest from Debt Service. Mr. McKoy explained the obligation in Debt Service has been met and a review of transferring to various funds can be explored. Mr. McKoy added the funds must be handled in accordance with the current County Ordinance in effect and the funds would have to go to the Debt Service Fund and then a procedure established for disbursement to other funds. Chairman Dean stated sufficient monies should be retained to pay off the debt service in a timely manner. Comm. Rooks said expansions for the Sheriff’s Office and the judicial branch of the court house need to be considered in the future. Comm. Davis said the next five (5) years will see an increase in the infrastructure and there needs to be sufficient funding and financial assistance available and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Wayne Hardee explained the agreement signed on November 2, 1999 for the Household Hazardous Waste Clean Up Day in Cedar Key needed to be amended to reflect the Clean Up Day will be March 11, 2000. Comm. Davis moved to approve and authorize the Chairman to execute the new agreement. Comm. Rooks seconded. Mr. Hardee said the City of Cedar Key will pay for disposal and he has agreed to allow haulage of a minimum amount of non-hazardous household waste that will not be disposed of by the chemical company and the MOTION CARRIED.
GRANTS
Mrs. McQueen requested a public hearing be scheduled for the Community Development Block Grant (CDBG) grant application process. Comm. Davis moved to schedule the public hearing for Tuesday, March 21, 2000 at 11:00 a.m. Comm. Rooks seconded and the MOTION CARRIED.
BUILDING AND GROUNDS
Mr. McKoy informed the Board that Mr. Coburn, the consulting engineer for installing air conditioning in the old court room, would revise the specifications for a fee of $2,000.00. Mr. McKoy said there was $1,000.00 remaining from the initial contract and this would require approving an additional $1,000.00 to allow Mr. Coburn to draw specifications for an air conditioning system without zones. Comm. Davis moved to approve the expenditure of $2,000.00 to allow the specifications to be drawn for an air conditioning system and to continue plans for zones and no zones. Comm. Foley seconded and the MOTION CARRIED.
AGENCIES
Mr. McKoy said Mrs. Caretha Nelson with Chiefland Day Care has requested assistance to purchase a storage shed. Mr. McKoy presented the quotes and recommended the purchase of a shed within the $1,300.00 to $1,4000.00 range. Mr. McKoy said funds were budgeted for the Day Care centers located in Chiefland and in Williston. Comm. Rooks moved to purchase an 8 x 14 storage shed from Brookins Tractor for $1,300.00. Comm. Davis seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Comm. Foley reported the motor on the rock crusher was inoperable and it would be more economical to purchase a new motor instead of attempting to repair the worn out motor. Comm. Foley said quotes had been obtained for replacing the motor and this was an emergency situation as the stock pile of lime rock is diminished and operations need to continue without interruption. Comm. Foley moved to authorize the order of the motor for the rock crusher in the amount of $29,000.00. Comm. Yearty seconded. Comm. Yearty added this cost included the power unit and gear reduction for connection to the equipment. Comm. Foley said the written policy was followed for an emergency basis on ordering equipment outside the bid procedure and documentation is in place and the MOTION CARRIED.
Comm. Foley said he was available for all Department Heads for any problems they may have within their respective departments and would be resigning as appointed commissioner to the Road Department.
ANIMAL CONTROL
Comm. Yearty moved to instruct the Road Department to assist Animal Control in removing dead animals from the highways on an as needed basis. Comm. Davis seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Comm. Yearty said he was concerned on the hiring of a relative in a department may be in violation of the Nepotism Law and had requested clarification from Mr. Beauchamp and from the Florida Association of Counties legal counsel. Comm. Yearty said if a relative is hired in a Department the Department Head should have no jurisdiction or control, supervision or authority and did not advocate the employment of the person with documentation being provided under oath and recorded. Comm. Yearty asked Mr. Beauchamp if it was still his opinion that this would be a violation of the law. Mr. Beauchamp responded that in the case described to him was a violation of the Nepotism Statute.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Wilbur Dean, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court