REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 6, 2000
The Regular Meeting of the Board of Levy County Commissioners was held on June 6, 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
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. Foley moved to approve the following expenditures presented for payment. Comm. Davis seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 25014-25320
GENERAL FUND $816,650.16
ROAD & BRIDGE FUND 231,248.60
LOCAL HOUSING ASSISTANCE 31,405.00
LIBRARY 14,526.74
MEDIATION 400.00
COURT SERVICES 13,574.80
E911 COMMUNICATIONS 5,788.10
LANDFILL & RECYCLING 21,563.38
COURT FACILITIES 815.51
FLORIDA POWER GRANT FUND 1,230.04
EMERGENCY MEDICAL SERVICE 15,376.59
LOCAL LAW ENF BLOCK GRANT 21,412.47
SPECIAL CONSTRUCTION 740.83
FIRE CONTROL 4,613.50
CDBG GRANT FUND 630.06
COMMUNICATIONS 44.35
ST GRANT - JUVENILE JUSTICE 416.42
UTILITIES FUND 1,440.06
TOTAL $1,181,876.61
MINUTES
Comm. Davis moved to approve the minutes of the regular meeting of May 16, 2000. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Foley moved to approve the minutes of the special meeting of May 26, 2000. Comm. Davis seconded and the MOTION CARRIED. Chairman Dean explained the special meeting was held to approve the matching funds for the Community Development Block Grant (CDBG) to meet the application filing deadline.
ROADS, COUNTY
Mr. Stanley Kimball asked for maintenance on NE 127th Court located at Florian Heights. Mr. Kimball explained he had a petition signed by local residents to have maintenance on the road as it is currently impassable. Mr. Kelly Jerrels said the road is an easement for utility poles and is not aware of it having been dedicated to the public. Chairman Dean explained this is an easement and the county does not have authority to do any type of maintenance on private property. Comm. Yearty recommended for Mr. Kimball to meet with Ms. Krista Kelly and Mr. Fred Rummage and determine if the landowner wants to dedicate the right of way to the public.
Ms. Opal Darby said she had requested maintenance on NE 85th Street in November and it has not been done. Chairman Dean requested Mr. Kelly Jerrels to determine why the maintenance has not been done on NE 85th Street and to have the maintenance done as this road has been dedicated to the public.
MISCELLANEOUS
Mrs. Darby said there seems to be the beginning of a junk yard in her neighborhood and asked if there was any recourse. Chairman Dean instructed Mrs. Darby to contact Mr. Fred Moody and file a formal complaint.
TAX ROLL
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 1999. Comm. Foley moved to approve the Recapitulation. Comm. Davis seconded and the MOTION CARRIED.
FESTIVALS
Ms. Alexander reported the Chiefland Watermelon Festival will be held June 17, 2000 with the parade beginning at 10:00 a.m.. Comm. Foley said he would arrange a vehicle to transport the commissioners.
COUNTY EMPLOYEES
Mr. Rob Corbitt said the maintenance department had contacted him to move his old files from the space previously occupied by Building and Zoning to a storage facility in Bronson or Williston. Mr. Corbitt asked if the rental of the storage building is a cost from the Board or does he need to handle the expenditure and request a budget amendment. Comm. Yearty said the Space Committee did not offer that space to the State’s Attorney Office and it appears there has been a misunderstanding. Later in the meeting, Mr. Corbitt indicated it would be best to move the files and rent storage space and this was approved by consensus.
PERMITS
Mr. Sam Mutch representing Mr. and Mrs. J. P. Lorie requested the repeal of the policy adopted concerning roads in unrecorded subdivisions, Type II subdivisions and recorded subdivisions to allow passage for two-wheeled vehicles. Mr. Mutch stated the Lorie’s were maintaining the policy amended the Land Development Regulations and was not properly adopted. Comm. Rooks expressed concern for public safety when emergency vehicles are unable to reach residences when roads become impassable that have not been brought up to an acceptable standard. Chairman Dean said the roads are not dedicated to the public and could not be maintained which creates more difficulties for residents. Mrs. Sharon Carter said the developer should be responsible for the roads being passable prior to selling the property when the roads are not dedicated to the public. County Attorney, Mr. Greg Beauchamp suggested that he review the matter and render an opinion as to whether the current policy governing the roads in unrecorded subdivisions was adopted properly by Friday, June 9, 2000, and that the Board could take action to repeal the policy if the opinion rendered by the attorney found the current policy to be improperly adopted. Comm. Davis moved to repeal the current policy if Attorney Beauchamp’s rendered opinion finds the policy to be incorrectly adopted. Comm. Foley seconded. Comm. Foley, Comm. Davis, Comm. Dean and Comm. Yearty voted YES and Comm. Rooks voted NO and the MOTION CARRIED.
Mr. Joe Markham said he would recommend placing an assessment against the land owners.
VETERAN’S OFFICE
Mr. Jim Lynch, area vice-president for the County Veteran Service Officers Association of Florida recognized Mr. Leo Flynn for his years of service to Levy County with a Certificate of Appreciation. Mr. Lynch thanked Mr. Flynn for his years of service and the benefits he assisted veteran’s and their dependents to obtain.
TAX ROLL
Mr. Bob Pita of Monterey Boats, Inc. requested an abatement of the property taxes for his manufacturing facility located in Williston. Comm. Davis said previous abatements have allowed one (1) year for every ten (10) employees and Monterey Boats, Inc. would meet that requirement for the full ten years. Mr. Pita explained there are currently 461 employees working for Monterey Boats, Inc. in Levy county. Comm. Davis moved to adopt an ordinance to allow a tax abatement up to ten (10) years. Comm. Foley seconded. Mr. Greg Beauchamp advised Mr. Pita to contact Mr. Francis Akins, Property Appraiser to complete the proper applications and for the proper filing procedures. Chairman Dean said the ordinance should reflect it is for the original recipient and will end with a change of business or when the business ceases to exist and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following new business for a final plat:
Petition No. FP-00187 -- Croft Land Surveying representing Eugene O’Connor, petitioning the Board for a Final Plat of "Deerfield Estates," a subdivision located in that portion of the S ½ of Section 21, Township 12S, Range 19E, in Levy County. Said parcel contains 107 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Mr. Corbitt advised the petition comes with a recommendation for approval from the Planning Commission. Comm. Davis moved to approve the final plat of Deerfield Estates. Comm. Yearty seconded. Mr. Corbitt said a letter had been received from Mr. Tyree Boyer concerning the location of the "Old Hobo Cemetery" within the boundary of this subdivision. Mr. Corbitt said the Planning Commission recommended if the cemetery was located it should be noted on the plat. Sheriff Glass said he would recommend contacting the Department of Banking and Finance for any inquiries for the proper procedures for abandoned cemeteries, but it was his understanding that anyone purchasing property with a cemetery becomes the owner but must allow descendants access to visit and maintain the cemetery. Mr. Corbitt said he would provide Mr. Rummage with the letter from Mr. Boyer for a response and the MOTION CARRIED.
Mr. Corbitt said the final plat for Rockwood Subdivision was not ready for approval and requested an additional two (2) week extension to advertise the hearing. Comm. Davis moved to approve a two (2) week extension for the final plat of Rockwood Subdivision. Comm. Foley seconded and the MOTION CARRIED.
Comm. Foley requested Mr. Corbitt to prepare a policy to streamline the process for subdivisions where roads are already in existence for review.
CONTRACTS AND AGREEMENTS
Mr. Wayne Hardee presented interlocal agreements for the solid waste recycling programs received from the Town of Inglis, the Town of Yankeetown, the Town of Fanning Springs, the Town of Otter Creek, the Town of Bronson, the City of Williston, the City of Chiefland, and the City of Cedar Key. Comm. Rooks moved to approve the interlocal agreements for the solid waste recycling programs. Comm. Foley seconded and the MOTION CARRIED.
Mr. Hardee presented interlocal agreements for animal control received from the Town of Inglis, the City of Cedar Key, and the Town of Fanning Springs. Mr. Hardee explained the county will pick up the animals and the municipalities assume the costs incurred. Comm. Yearty moved to approve the interlocal agreements for animal control. Comm. Rooks seconded and the MOTION CARRIED.
LANDFILL
Mr. Hardee requested authorization to purchase a backhoe through the state bid contract from RingPower for use at the land fill. Mr. Hardee said allocation for the purchase was in the budget and the current backhoe is in use for compacting the garbage being hauled and is not available for other projects at the landfill. Comm. Davis moved to approve the purchase of the backhoe through the state contract bid process and waive the bid process. Comm. Yearty seconded. Mr. Douglas McKoy asked if the bid policy would be violated as this did not appear to be of an emergency nature. Mr. Beauchamp explained the county could purchase through the state contract bid process and waive the bid process procedure to realize the substantial savings using the state contract. Mr. Hardee said the purchase price through RingPower would be $56,300.00 with a larger bucket for a new 416C IT Caterpillar Backhoe Loader - 4 Wheel Drive, Extendable Stick including a 6 months full machine warranty and a three (3) year, 5,000 hour Powertrain warranty and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Kelly Jerrels requested authorization to purchase a backhoe through the state contract bid process as the current backhoe is not reliable. Mr. Jerrels said they will continue to use the current backhoe as a back up and will auction it off when repairs become to costly. Comm. Yearty moved to approve the purchase of a backhoe through the state contract bid process and waive the normal bid procedure. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Jerrels said the state has inspected the bulldozer used at the rock pit and have advised that the bulldozer may no longer be used as it exceeds the allowable noise level and a fine will be issued if the bulldozer is used. Mr. Jerrels said quotes had been obtained from John Deere and RingPower. Mr. Jerrels said RingPower provided a low quote for $180,000.00 allowing $80,000.00 for the trade-in for a machine with 200 hours. Comm. Foley moved to authorize the purchase of a bulldozer from RingPower and waive the normal bid process to comply with state requirements for allowable sound level of the machine. Comm. Davis seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Jerrels submitted the following requests for maintenance on a one (1) time basis:
Williston Highlands, 17th Place, two (2) loads of rock and grade.
Comm. Davis moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 137th Court in Suncoast Estates, six (6) loads of rock & grade, with dedicated right of way.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.
SW 102nd Court from SW 60th Street to SW 57th Lane off of LCR 455, 20 loads of rock & grade, with dedicated right of way.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Jerrels advised the two (2) projects the School Board has requested assistance can be done during the summer. Mr. Jerrels said the parking lot at the Williston school requires approximately 20 loads of rock with some clearing and the road at the Bronson school is 55 to 75 feet long. Mr. Jerrels said the School Board will reimburse for all of the work. Comm. Yearty moved to approve the request to assist the school board with the parking lot and road project with the understanding the costs will be reimbursed. Comm. Rooks seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Lannie Cardona presented a list of priorities for the Transportation Enhancement Program from ISTEA funds. Mr. Cardona said the list consists of 21 projects with nine (9) being brought forward from 1999.
LIBRARY
Mr. Larry White reported the library has received approximately $185,000.00 from grants for the library system.
Mr. White said he was preparing reciprocal agreements with Citrus, Marion, Dixie, Gilchrist and Columbia counties to allow access to their library facilities by Levy county residents at no cost. Mr. White said this will allow residents to utilize the resources of these libraries and then return the materials at their local library. Comm. Davis moved to approve the reciprocal agreements. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Sheriff Ted Glass submitted the Edward Byrne Memorial State and Local Law grant application for approval. Sheriff Glass said the grant is $128,753.00 in federal funds and $42,918.00 matching funds for a total of $171,671.00. Sheriff Glass said the matching funds are paid from the forfeiture fund account in the Sheriff’s Office budget. Comm. Rooks moved to approve and authorize the Chairman to sign the Edward Byrne Memorial grant. Comm. Davis seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Fred Rummage presented a Employee Handbook for county employees. Mr. Rummage explained the handbook is a summary of the union contract and recommends this be given to new employees along with a copy of the union contract. Mr. Rummage said he intends to codify or catalog prior policies enacted to make them readily accessible.
INSURANCE
Mr. Rummage reported the staff of the Governor’s Office is reviewing the participation of small counties in the State Health Insurance Plan. Mr. Rummage recommended contacting all state representatives to encourage favorable consideration.
WATER CONTROL AND WATER BOARDS
Mr. Rummage reported that a meeting will be held with Secretary David B. Struhs of the Department of Environmental Protection (DEP) and the Suwannee River Water Management District to encourage the purchase of acreage known as the Cedar Key Plantation, The Andrews Tract and the Thompson Tract to prevent any large scale developments that could cause a potential threat to the waters around Cedar Key and affect the clamming industry.
ORDINANCES
Mr. Rummage said he has contacted the firm preparing the codification of the ordinances to discuss a completion of the project by July, 2000 instead of September, 2000.
SHIP
Mrs. Carol McQueen presented a Deferred Payment Loan Agreement for consideration:
Josaphat and Eva Cilo-Cilo of Chiefland to purchase a home at Suwannee River Heights, Block 2, Lots 30 & 31 for $6,400.00.
Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Davis seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Dean announced the regular meeting in July will be held on Wednesday, July 5, 2000 due to the 4th of July holiday.
Mr. Corbitt announced the regular meeting for the Planning Commission will be held on July 10, 2000 instead of July 3, 2000.
CLERK OF COURT/TO BOARD
Mr. Douglas McKoy advised a review of the budget to comply with the employment package for Mr. Rummage to provide a vehicle indicates sufficient available funds in the General Fund budget for the purchase of a vehicle. Comm. Foley moved to extend an Invitation to Bid for a new current model 2000 sport utility vehicle. Comm. Davis seconded and the MOTION CARRIED.
Mr. McKoy said he had requested Mr. Beauchamp to contact bond counsel to determine if the debt service funds could be expended and what procedures must be followed. Mr. Beauchamp reported the excess fees from the Debt Service fund are available but the funds should be properly budgeted. Mr. McKoy explained this needs to be made a part of the budget process and to attempt to use the excess fees this fiscal year would require proceeding through the budget adoption process.
Mr. McKoy presented a concept for an additional housing program for individuals to utilize lending assistance who are not eligible for other programs that provide assistance to purchase a home. Mr. McKoy said the program is through a consortium and would require an interlocal agreement with the host county and the cooperation of the local lending institutions. Mr. McKoy advised he would provide further information as it became available.
BUILDING AND GROUNDS
Comm. Yearty advised the Space Committee had met with the State Attorney’s Office and are recommending allocating the rear portion of office space recently vacated by the Building and Zoning Department and Planning Department to meet their needs for additional office space. Comm. Yearty said with some minor alterations to this office it will allow for the front portion of the office to be available for other use. Comm. Yearty moved to approve the allocation of the space to the State Attorney’s office. Comm. Davis seconded and the MOTION CARRIED.
Comm. Yearty recommended to commence planning for space to house the Construction Department, a climatic storage facility for records and requested Mr. Moody to begin compiling the information. Comm. Rooks recommended considering the future growth of all county facilities . Comm. Yearty requested Mr. Rummage and Mr. Moody to contact the owners of the timber land adjacent to the Road Department on the possible purchase of some of the land.
RESOLUTIONS
Mr. Beauchamp reported the Commissioner of Agriculture, the Honorable Bob Crawford signed a declaration of Severe Drought Emergency on May 17, 2000. Mr. Beauchamp said in 1998 a state of emergency was issued at the local level for the ban of fireworks, use of flares, sparklers or other outdoor burning devices during that drought. Comm. Foley moved to approve a resolution for A State of Emergency Order Pertaining To A Ban On The Sale, Use Or Discharge Of Fireworks, And The Use Of Flares, Explosives, Sparklers, Or Outdoor Burning Devices, Or Otherwise Lawful Outdoor Burning. Comm. Rooks seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Beauchamp said the policy for vehicle use by county employees has been distributed for review. Comm. Rooks requested the policy be discussed at the next regular meeting.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp advised he has been contacted by Attorney Ted Burt concerning a clients ownership of property in Cedar Key with a dock that extends onto county submerged lands. Mr. Beauchamp said the property owner wants to do some repairs to the dock and is requesting a written response that he may proceed with repairs. Mr. Corbitt said he would recommend requiring a letter from the Department of Environmental Protection (DEP) authorizing the repairs and a plan of the proposed repairs to be filed with the Building and Zoning Department. Chairman Dean directed Mr. Beauchamp to provide a written response to Mr. Burt.
Mr. Beauchamp recommended a policy be developed for county employees who run for a political office. Mr. Beauchamp said the policy should address an employee’s leave of absence, the use of vacation leave, the distribution of leave, discussion of political issues on county time and what procedure should be taken if the policy if violated.
ORDINANCES
Mr. Beauchamp said the ordinance relating to mud bogging events is incorrect and needs to be reheard and a new publication of the revised ordinance. Mr. Beauchamp said one of the public hearings should be held after 5:00 p.m. in accordance with Florida Statute unless there is a majority vote to set an earlier time for the public hearing. Comm. Davis moved to properly advertise the ordinance and to schedule the first public hearing on June 16, 2000 at 10:00 a.m. . Comm. Foley seconded and the MOTION CARRIED with a hand vote showing a unanimous vote. Chairman Dean directed Mr. Rummage to notify all interested parties of the time of the public hearing.
JUDICIAL
Mr. McKoy said the president of the Eighth Judicial Bar Association has contacted him with a request to allow the hanging of a plaque in the court house that they plan to present to the Honorable W. O. Beauchamp for his years of dedicated service. Mr. McKoy said he would recommend placing the plaque in the hallway of the judicial wing if Judge Beauchamp agrees. Mr. McKoy recommended preparing a resolution recognizing Judge Beauchamp’s many years of service to the county. Comm. Davis moved to draft a resolution recognizing Judge Beauchamp and his years of continued service to the county. Comm. Rooks seconded and the MOTION CARRIED.
PARKS AND RECREATION
Comm. Yearty said he had discussed the placement of two (2) bridges to cross the Waccassa River in Devil’s Hammock with the Suwannee River Water Management District to assist in the protection and management of the property.
Comm. Yearty recommended contacting the Florida Wildlife Commission (FWC) and the Sheriff’s Office to discuss law enforcement in the Devil’s Hammock area and to proceed with a management plan to cover reforestation of the land and public use.
SALARIES AND WAGES
Comm. Yearty said Mr. Albert Fuller had made a request for an immediate increase in salary. Comm. Foley said he had discussed the issue with Mr. Fuller and based on his increase of responsibilities and no recent increase from the county he would recommend granting Mr. Fuller’s request. Comm. Foley moved to increase Mr. Albert Fuller’s annual pay by $5,000.00 to be pro-rated from June 5, 2000 for this fiscal year. Comm. Rooks seconded. Mr. Beauchamp recommended Mr. Fuller provide a letter from the University of Florida acknowledging his relationship of employment through them and that this does not alter the county’s obligations and the MOTION CARRIED.
PARKS AND RECREATION
Comm. Yearty said the law enforcement in Devil’s Hammock needs to be addressed promptly and recommends appointing a committee to meet with the Florida Wildlife Commission (FWC). Chairman Dean appointed Comm. Yearty, Mr. Fred Rummage, Ms. Krista Kelly and Mr. Billy Cobb to meet and discuss law enforcement at Devil’s Hammock.
AGENCIES
Mr. Greg Bitters presented the RFP Evaluation Committee ranking recommendation from the Levy County Transportation Disadvantage Coordinating Board as:
1. ATC/Intelitran
2. Coordinated Transportation Systems, Inc.
3. Southeast Transit Management, Inc.
Mr. Bitter advised there would be an oral presentation from ATC/Intelitran and Coordinated Transportation Systems, Inc. . Mr. Bitter said Southeast Transit Management, Inc. informed him that they would not be making a presentation.
Ms. Jeanne Williams, Senior Vice President of ATC/Intelitran explained they are a broker for transportation and develop software to assist in transportation planning. Ms. Williams said their firm brokers transportation nationwide and if the contract is awarded to their firm, the proposed manager will be Ms. Penny Fennell who has an extensive paratransit management experience and is currently managing an area in Georgia.
Ms. Penny Fennell said she would use local subcontractors to provide transportation services and would provide 24-hour a day services.
Ms. Williams explained the if the contract is awarded to Levy county it is contingent on the contract being awarded in Alachua county.
Ms. Marion Mark of Coordinated Transportation System (CTS) said they are operating as a Broker/Operator and have been providing services in Levy county for the last several years. Ms. Mark said they will utilize local sub contractors and provide 24-hour a day services. Ms. Mark said plans have been made to provide shuttle service to Gainesville and Ocala for group rides to school and work.
Comm. Foley moved to accept the recommendation of the RFP Evaluation Committee on the rankings of the three (3) companies and if Alachua county does not select ATC/Intelitran as a provider, then Coordinated Transportation System (CTS) will be recommended for the first position. Comm. Davis seconded and the MOTION CARRIED.
INSURANCE
Comm. Rooks said health insurance for employees needs to be reviewed to see if coverage can be improved and reduce the number of complaints being received on unpaid bills and medical providers being more than a sixty (60) mile radius away.
APPOINTMENTS
Comm. Davis recommended Mrs. Margie Davis to be appointed to the Meridian Behavioral Healthcare board. Comm. Davis moved to approve the appointment of Mrs. Margie Davis. Comm. Foley seconded and the MOTION CARRIED.
TAX ROLL
Comm. Davis said the additional homestead exemption issue should be addressed to allow a study and review of the issue. Comm. Yearty said Mr. Rummage will be reporting on his findings concerning the additional homestead exemption.
ROAD AND BRIDGE DEPARTMENT
Comm. Rooks requested Item #15, Sidewalk along the northerly side of Whiddon Avenue from the Cedar Key School to Whiddon Avenue be ranked #4 on the Transportation Enhancement Program and to adjust the rankings downward. Comm. Davis requested adding a project for a sidewalk on the east side of LCR 323 to the middle school from CR 318. Comm. Davis moved to approve the Transportation Enhancement Program ranking for ISTEA funds with the amendments. Comm. Rooks seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Dean said Commissioner Rudy Maloy of Leon county has requested support as a candidate for Second Vice President of National Association of Counties’ 2000 election. Comm. Yearty moved to approve a resolution supporting Mr. Maloy’s candidacy as Second Vice President of NACo. Comm. Davis seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Wilbur Dean, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court