Levy Minutes 11/21/2000

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

November 21, 2000

The Regular Meeting of the Board of Levy County Commissioners was held on November 21, 2000 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Sammy Yearty

Vice Chairman Don Foley

Comm. Danny Stevens

Comm. Tony Parker

Comm. Lilly Rooks

Also present were:

County Attorney - Gregory V. Beauchamp

Clerk of Court - Douglas M. McKoy

County Administrator - William C. Cobb

The V ice -Chairman Yearty 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. Rooks seconded and the MOTION CARRIED.

FUND AMOUNT
CHECK NUMBERS: 27500 - 27706

GENERAL FUND $650,916.34

ROAD & BRIDGE FUND 173,492.34

LOCAL HOUSING ASSISTANCE 48,859.00

LIBRARY 3,698.22

PERMANENT MOSQ CONTROL 23,789.69

MEDIATION 200.00

COURT SERVICES 56,044.96

LANDFILL & RECYCLING 65,335.26

FLORIDA POWER GRANT FUND 7,243.95

EMERGENCY MEDICAL SERVICE 51,278.58

JUDICIAL GRANT 128.57

UTILITIES FUND 659.78

TOTAL $1,081.646.69

MINUTES

Comm. Rooks moved to approve the minutes of the regular meeting of November 7, 2000. Comm. Foley seconded and the MOTION CARRIED.

COMMISSIONERS

Judge Joseph E. Smith performed the swearing in service of Comm. Yearty, Comm. Parker and Comm. Stevens. for their ensuing terms. Judge Smith commended the commissioners on their service as public servants.

JUDICIAL

Judge Smith said improvements in Court Room A are proceeding utilizing the grant funds allocated for improvements for the judiciary portion of the court house.

COMMISSIONERS

Comm. Rooks moved to appoint Comm. Yearty as Chairman and Comm. Foley as Vice-Chairman for the ensuing year. Comm. Parker seconded and the MOTION CARRIED.

Comm. Parker introduced his wife and mother-in-law and expressed his appreciation of the support he received during the election.

Comm. Stevens introduced his parents and thanked the citizens for their participation and attendance to the meeting.

ATTORNEY, COUNTY

Mr. John King said he was concerned about the increase in salary in the contract for the county attorney. Mr. King said it appeared that a full time attorney could be hired for the amount of the contract which includes health coverage. Chairman Yearty explained the renewal contract for the county attorney should have been renewed by October 1 for the fiscal year and allows for the contract to be broken by either party with 30 days notice.

LEGISLATIVE

Mr. Dave Bibby said he proposed consideration of establishing self government through a county charter as allowed by the Florida Statutes. Mr. Bibby asked for appointment of a charter commission to draw a charter to be placed on a public referendum including consideration of single member districts. Chairman Yearty said this would be a drastic change from the current operation of county government and requires public input. Comm. Rooks said a charter government brings more control back to the people according to how the charter is written. Comm. Parker moved to proceed with the discussion of charter government. Comm. Rooks seconded and the MOTION CARRIED.

MISCELLANEOUS

Mr. Phillip Jones said the voters had spoken in the recent election and asked for a more detailed agenda reflecting what will be heard at the commission meetings. Mr. Jones said he did not believe the published minutes reflected what occurred during the meetings.

AGENCIES

Mrs. Jacqueline Martin said the Withlacoochee Regional Planning Council for the Levy County Transportation Disadvantaged Coordinating Board has requested the appointment of Mr. Major Stroupe for the Veteran’s Representative as a voting member and Mr. William Cobb as the alternate member for the term of December 2000 to December 2003. Comm. Foley moved to approve the recommendation to appoint Mr. Major Stroupe as voting member and Mr. William Cobb as alternate to the Transportation Disadvantaged Coordinating Board. Comm. Stevens seconded and the MOTION CARRIED.

Mrs. Martin said the Withlacoochee Regional Planning Council will hold its annual organizational meeting on Thursday, December 14, 2000 and two (2) representatives positions are needed on the Council for three (3) year terms. Comm. Stevens and Comm. Parker said they would serve on the Council. Comm. Rooks moved to appoint Comm. Stevens and Comm. Parker to the Withlacoochee Regional Planning Council. Comm. Foley seconded and the MOTION CARRIED.

COUNTY EMPLOYEES

Chairman Yearty said Mr. Danny Shipp had submitted a request for 80 hours of sick leave approved by the Department Head approximately one (1) month ago has not been paid. Chairman Yearty said Mr. Shipp had agreed to accept 64 hours of sick leave and/or annual leave with submission of an affidavit or doctor’s letter for the sick time and will resign as building inspector to prepare as elected Clerk of Court. Comm. Stevens moved to approve the payment of the sick time and annual leave as approved by the Department Head to Mr. Shipp for 64 hours and the submission of his resignation from the Building Department. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.

Mr. Shipp said he has obtained a doctor’s excuse for the time period for payment of sick leave. Mr. Shipp said he had the same illness less than a year ago and was out for two (2) weeks and there were no difficulties in receiving his sick leave and he did not have to submit a doctor’s excuse.

Mr. Phillip Jones said Mr. Shipp should be given an administrative leave of absence to allow for additional indoctrination to assume the position of Clerk of Court. Chairman Yearty said Mr. Shipp will have the support of the Commission and is aware that he is preparing to assume the position of Clerk of Court on January 2, 2001.

EMERGENCY MEDICAL SERVICES

Mr. Noel Desmond said he had received a written response from Mr. Bill Beddow concerning the accident his daughter was involved in and the care she received from the EMT’s, and submitted a copy of his written response to Mr. Beddow. Mr. Desmond said he was not satisfied with the response and requests further investigation into the matter. Chairman Yearty requested Comm. Rooks, Mr. Billy Cobb, Mr. Greg Beauchamp and Mr. Bill Beddow to meet with Mr. Desmond to determine if the matter could be resolved. Mr. Desmond requested Mr. Barney Cannon attendance.

TAX COLLECTOR

Mr Billy Cobb presented the following Certificates of Correction of Non-Ad Valorem Assessments on:

Dan’s Mobile Home Park, Inc., 1 Dan’s Drive, Inglis, permitted for 25 lots since 1988 with an assessment for 28 lots.

Mr. Cobb said the request has been investigated and the three (3) additional lots have had the septic tank access capped and are not available for use and recommends approving the correction. Comm. Stevens moved to approve the Certificate of Correction of Non-Ad Valorem Assessment Roll for Dan’s Mobile Home Park, Inc.. Comm. Foley seconded and the MOTION CARRIED.

Jeff L. Chaney, trailer located on property with no utilities currently connected.

Mr. Cobb said the property has been inspected and the trailer located on the property could have utilities connected and recommends denial of the request. Comm. Foley moved to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment Roll for Mr. Jeff L. Chaney. Comm. Rooks seconded and the MOTION CARRIED.

INDIGENT CARE

Mr. Cobb said a meeting was held with representatives from all of the funeral homes located within the county and the recommendation is to leave the burial fee at $350.00 and to increase the pick up fee from $75.00 to $100.00 with body bags an additional amount. Comm. Foley moved to approve the recommended increase for pick up fees for indigent deaths. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Cobb said Mr. Greg Beauchamp is preparing a form to allow cremation for all burials the county is responsible for in accordance with Florida Statute. Mr. Beauchamp said all of funeral home representatives agreed a standard policy/procedure would allow all of the funeral homes to be aware of county policies.

TAX DEEDS

Mr. Cobb said Mr. Russell W. Engle had submitted a bid to purchase the property under Certificate No. #162, Sale of 1989 for $200.00 and was notified the minimum bid on the property was $301.23. Mr. Cobb said Mr. Engle has resubmitted a bid of $305.00. Comm. Foley moved to accept the bid of $305.00 received from Mr. Russell W. Engle for the property known as Lot 20, Block G-1, Jemlands, unrecorded, on Certificate No. #162. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Cobb said Mrs. Mary R. Golding has submitted a bid on Tax Certificates #1551, #1532, #1573 on property located at Oak Ridge Estates, Block 32, Lot 18; Block 24, Lot 11; and Block 54, Lot 27 of $200.00 per lot. Mr. Cobb said the minimum bids at the Tax Deed sale were $367.58; $392.45; and $374.36. Chairman Yearty inquired if Mrs. Golding would amend her bid to the minimum bid. Mrs. Golding said she would retain her submitted bid. Mr. Douglas McKoy said there was a precedent established to decline any bids submitted less than the minimum bid which allows for the reimbursement of the expenses incurred by the county. Comm. Foley moved to reject the submitted bid by Mrs. Golding. Comm. Rooks seconded. Mrs. Golding said she would resubmit a bid and the MOTION CARRIED.

ROADS, COUNTY

Comm. Foley said there was some confusion on the paving of a portion of LCR 1011 in the Bronson Heights area and the work was not completed prior to the Road Department beginning road projects in the Fanning Springs Annex. Comm. Foley said he recommended, upon completion of the current projects, the Road Department return to LCR 1011 and complete that paving project. Comm. Foley said this is an exception to the current policy of trying to complete all projects in an area to reduce costs but this road was overlooked when the Road Department was working on projects in the area. Comm. Parker moved to approve the Road Department completing the paving project on LCR 1011. Comm. Foley seconded and the MOTION CARRIED.

SHERIFF

Sheriff Glass presented the Federal Annual Certification Report for the federal assets gained through the drug task force. Sheriff Glass said $439,789.00 had been distributed to participating agencies from the $537,953.00 received. Comm. Foley moved to approve the Certification Report and authorize the Chairman to sign. Comm. Rooks seconded and the MOTION CARRIED.

Sheriff Glass said the U.S. Marshall’s Office has remitted payment for the federal inmates housed at the jail. Sheriff Glass said funds generated from housing federal prisoners would assist in paying for the cost of additional jail space and administrative space. Sheriff Glass said housing of inmates is reaching a critical stage and long range planning is needed. Comm. Rooks said long range planning and budgeting for additional space for the Sheriff’s Office and Jail along with space problems of other offices need to be addressed. Sheriff Glass said he understood the revenue generated for the housing of federal inmates would be set aside to assist in generating the funding for additional facilities.

Sheriff Glass said he has notified the Governor that he will be retiring effective December 31, 2000 and has requested the appointment of Sheriff-elect Johnny Smith for the one day prior to his assuming the Office of Sheriff.

ROAD AND BRIDGE DEPARTMENT

Mr. Kelly Jerrels said the saw head on the trimmer machine purchased approximately one (1) year ago for $4,000.00 has been inoperable and is not efficient. Mr. Jerrels said Alamo has advised that they will allow $4,000.00 on the old saw head and allow for the purchase of a saw head which operates like a sickle bar for $5,000.00 from the total cost of $9,000.00. Comm. Foley moved to approve the purchase. Comm. Rooks seconded. Comm. Parker asked if the county was receiving quality equipment from Alamo. Mr. Jerrels said the equipment has been good and the MOTION CARRIED.

ANIMAL CONTROL

Mr. Wayne Hardee said the Animal Control Ordinance needs to be reviewed and recommends including a provision to protect the Animal Control Officers who may inadvertently trespass on property when attempting to capture a stray animal. Mr. Hardee said the responsibility of the traps left with residents should also be addressed in the ordinance. Chairman Yearty requested Mr. Beauchamp to proceed with drafting the proposed amendments for a public hearing.

ROAD MAINTENANCE

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

University Estates, NE 120th Avenue & NE 82nd Place, needs trimming for an estimated cost of $465.00.

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

Tuckaho Subdivision, Central Street, SE 110th Avenue & SE 194th Street in Old Cannon Farmsites, with dedicated right of way, requiring five (5) loads of rock and grading for an estimated cost of $630.00.

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

LIBRARY

Mr. Larry White said Central Florida Community College has offered a reciprocal agreement for residents attending their college in Chiefland or Ocala to allow access to their library. Mr. White said there are some problems that need to be resolved prior to submitting the agreement.

Mr. White said the total of the grants received and incoming will be approximately $500,000.00.

Mr. White said the state library has offered access to E-Books at no cost to the libraries to allow patrons to come to the library and to access the E-book which has material relating to the Complete Idiot Guides, Career guides, Consumer, Health, Law, Juvenile, Adult Literature, Cliff Notes, Travel guides and many other titles. Mr. White said this agreement can be entered into with no cost to the county and have presented the contract to the attorney for review.

Comm. Foley moved to authorize the agreement subject to the review and approval of the attorney. Comm. Rooks seconded and the MOTION CARRIED.

Mr. White said the workshop held at the Levy County Quilt Museum was a success and the state library may keep Levy County on the schedule for state-wide workshops.

Mr. White said the equipment from the Services of the Blind have been received and there will be twelve (12) players available at the libraries for the visually impaired. Mr. White explained patrons would register with the Division of Blind Services and this allows them to be eligible for the audio book tapes direct from the state library for the Blind and for the audio books available at the local libraries.

Mr. White said he appreciated the time he has served as Library Director and the support received for the library system.

SHIP

Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:

James Mackey, Williston Highlands Golf & Country Club E Street, Block 88, Lot 14, for $7,000.00.

Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.

Mrs. McQueen explained Ms. Susan Ezzell is refinancing her home and the mortgage company has requested a subordination agreement for the SHIP mortgage. Comm. Foley moved to approve the subordination agreement upon review by the attorney. Comm. Rooks seconded and the MOTION CARRIED.

AGENCIES

Mr. Lannie Cardona advised that Mrs. McQueen has been elected chairwoman of the Tri-County Tourism Development Council.

SHERIFF

Sheriff-elect Johnny Smith commended Sheriff Glass on his handling of the Sheriff’s Office and allowing for a smooth transition period.

COMMISSIONERS

Comm. Foley explained the current commission meetings are open to allow for anyone to address the board with any inquiries and this makes it difficult to have a complete agenda reflecting all parties who address the board. Comm. Foley said the agenda is set to show major items which have been scheduled prior to the day of the meeting.

EMERGENCY MEDICAL SERVICES

Mr. Beauchamp said the meeting with Mr. Desmond could be rescheduled but did not recommend the meeting be taped during the discussion stage. Mr. Desmond said he agreed to Comm. Rooks, Mr. Ron Grant, Mr. Barney Cannon, Mr. C. W. Gilbert, Mr. Beauchamp and Mr. Bill Beddow present for discussions on the dispute of the handling of his daughter’s injuries sustained in an automobile accident and the response to by Levy County EMT’s. Comm. Rooks asked Mr. Desmond if he wanted to have his daughter Chrystie Desmond to attend the meeting and Mr. Desmond agreed. Mr. Beauchamp responded to Mrs. Renata Cannon explaining the meeting was not a public meeting and there could not be more than one (1) commissioner present. Chairman Yearty asked Comm. Rooks to schedule the meeting.

COMMISSIONERS

Chairman Yearty requested Mrs. Martin to provide more details of items on the agenda for the meetings.

ROADS, COUNTY

Mr. Beauchamp said he recommended action on the claim submitted by Ms. Karen Rudorf for damages to her vehicle sustained from traveling on a county road under construction. Mr. Beauchamp said the damages submitted were for $293.79 and he would be responsible for securing a release upon his disbursement of the check. Comm. Rooks moved to pay the claim of $293.79 to Ms. Karen Rudorf. Comm. Foley seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Beauchamp presented an agreement from O. B. Brooks & Sons Grassing as the low quote for sodding to complete the road project on LCR 347. Comm. Foley moved to approve the agreement with O. B. Brooks & Sons Grassing. Comm. Stevens seconded and the MOTION CARRIED.

ORDINANCES

Mr. Beauchamp presented the ordinance granting an additional $25,000.00 Homestead Exemption to Senior Citizens. Mr. Beauchamp explained the ordinance would need to be adopted under emergency powers to be effective prior to December 1, 2000 and allow it to be available for the year 2001. Mr. Beauchamp said the ordinance has been reviewed by the Property Appraiser, Mr. Francis Akins and they will be securing the necessary forms from the Department of Revenue for filing purposes. Comm. Rooks moved to adopt the ordinance on an emergency basis and to waive notice requirements. Comm. Foley seconded and the MOTION CARRIED UNANIMOUSLY.

Comm. Rooks said the Property Appraiser has restricted space and requested the space committee review the situation. Chairman Yearty said the space committee has been in discussions with Mr. Akins attempting to resolve the space constraints.

ZONING

Mr. Beauchamp said private roads are currently prohibited in the county except in Planned Unit Developments (PUDs) and requests have been made to provide for "gated communities." Mr. Beauchamp recommended a public hearing to amend the current ordinance to address private roads. Comm. Parker moved to advertise for a public hearing to address amending the ordinance relating to private roads. Comm. Foley seconded. Comm. Rooks said entry by emergency services, fire rescue, sheriff’s office, utility companies, property appraiser, animal control and other entities needs to be considered when amending the ordinance and the MOTION CARRIED.

SUITS

Mr. Beauchamp reported the matters in litigation are proceeding and he will advise the new commissioners of the details.

ANIMAL CONTROL

Comm. Rooks moved to proceed with making Animal Control an individual department with Mr. Ron Shilts as the department head. Comm. Foley seconded. Comm. Parker said he was concerned on the need for an independent department and the additional costs which may be incurred instead of allowing Mr. Shilts to answer to the current department head, Mr. Hardee. Comm. Rooks moved to rescind her motion to allow Comm. Parker and Comm. Stevens additional time to study the recommendation. Comm. Foley rescinded his second.

SALARY AND WAGES

Comm. Rooks recommended the following increases in salaries for employees at the Road Department:

Barbara Byrd, Administrative Assistant from $9.8083 per hour to $10.1083 per hour.

Robert Stephens, Finish Grader Operator & Construction Foreman from $12.6179 per hour to $13.1179 per hour.

Richard Squire Brock, Surveyor/Sign Maintenance from $9.6743 per hour to $10.1743 per hour.

Joseph Donny Crews, Mechanic I from $9.6886 per hour to $10.1886 per hour.

Joe Markham, Survey/Sign Maintenance from $10.1599 per hour to $10.6599 per hour.

Ronald Dale Berry, Equipment Operator IV from $11.2758 per hour to $11.7758 per hour.

Billie Ray Wilkerson, Labor Foreman from $11.3380 per hour to $11.8380 per hour.

James Sheffield, Equipment Operator II from $10.1895 per hour to $10.6895 per hour.

Quinton Parker, Equipment Operator III from $10.7145 per hour to $11.2145 per hour.

Lloyd Hardin, Labor Foreman from $11.3380 per hour to $11.8380 per hour.

Burnice Cook, Master Mechanic from $11.9234 per hour to $12.4234 per hour.

William Stalvey, Equipment Operator II from $10.8610 per hour to $11.3610 per hour.

David Fisher, Equipment Operator III from $10.2045 per hour to $10.7045 per hour.

Martin Watson, Equipment Operator II from $9.6886 per hour from $10.1886 per hour.

Comm. Rooks moved to approve the recommend salary increases effective October 23, 2000. Comm. Stevens seconded. Chairman Yearty said Mr. Ronald Dale Berry should have a change in classification if he is working out of his classification. Comm. Rooks moved to amend for Mr. Berry to have a change in classification and approve all the recommended salary increases. Comm. Stevens amended his second and the MOTION CARRIED.

Comm. Rooks recommended salary increases for the following employees in the Development Department:

Donald E. Goode, Building Inspector from $12.6880 per hour to $13.4380 per hour.

Lisa Davis, Clerk Typist from $6.7500 per hour to Secretary II for $7.4300 per hour.

Laurie S. Durrance, Clerk Typist from $7.8208 per hour to Secretary III for $8.6000 per hour.

Comm. Rooks moved to approve the recommended salary increases. Comm. Foley seconded and the MOTION CARRIED.

DEVELOPMENT DEPARTMENT

Chairman Yearty said there will be an opening for a building inspector and recommends advertising in all of the local newspapers.

ROADS, COUNTY

Comm. Stevens said a request from the residents on LCR 502 has been made to remove it from the paving list. Comm. Stevens moved to delete LCR 502 from the paving list. Comm. Parker seconded. Comm. Rooks said she would like to review the site before any action is taken. Comm. Stevens rescinded his motion and Comm. Parker rescinded his second.

EMERGENCY MEDICAL SERVICES

Comm. Stevens inquired into the relocating of the ambulance station in Williston and the mechanical condition of the ambulances. Comm. Rooks said the school board has agreed to lease some land for an ambulance station on C- 316 for a new station and it will allow for more efficent service in the Williston area and provide needed space.

Mr. Beddow said there are three (3) ambulances available for replacement and currently awaiting approval of a grant to allow the purchase of two (2) new ambulances.

SALARY AND WAGES

Comm. Foley said department head salaries increases were approved at the last regular meeting and Mr. Albert Fuller was omitted. Comm. Foley moved to approve a four (4) percent salary increase for Mr. Fuller effective October 1, 2000. Comm. Stevens seconded and the MOTION CARRIED.

INSURANCE

Comm. Parker said he has received complaints on the health insurance coverage for county employees and requested a workshop to discuss possibilities for improving the health coverage.

BUILDING AND GROUNDS

Mrs. Susan Haines said there is a serious problem with ants in various offices through out the court house. Mr. Cobb said arrangements have been made to have an exterminator to come in over the holidays.

ROADS, STATE

Comm. Rooks said there will be a public hearing at the Jack Durrance Auditorium on November 27, 2000 to review the Florida Department of Transportation (FDOT) proposed road projects.

ORDINANCES

Mrs. Cannon requested sufficient copies of the proposed animal control ordinance to be available at the public hearing and allowance for sufficient meeting space.

COMMISSIONERS

Chairman Yearty said all workshops would be public hearings and opened to the public.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

W. S. Yearty, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court