REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
January 16, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on January 16, 2001 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 - Danny J. Shipp
County Administrator - William C. Cobb
The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Clerk of Court, Mr. Danny Shipp followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Foley seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 28268 - 28457
GENERAL FUND $255,792.00
ROAD & BRIDGE FUND 43,147.34
LOCAL HOUSING ASSISTANCE 9,000.00
LIBRARY 5,395.85
MEDIATION 100.00
COURT SERVICES 11,392.35
911 345.30
LANDFILL & RECYCLING 55,145.31
FLORIDA POWER GRANT FUND 917.27
EMERGENCY MEDICAL SERVICE 11,873.14
FIRE CONTROL 44,934.00
JUDICIAL GRANT 39.96
DRUG TASK FORCE 59.40
ST GRANT - JUVENILE JUSTICE 140.60
UTILITIES FUND 570.29
TOTAL $438,852.81
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of January 2, 2001. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Ms. Heather Alexander presented the following bids submitted for a trailer at the landfill:
Southland Equipment $47,523.38
CMD Trailer Sales $48,189.43
Ms. Alexander presented the following bids submitted for an Excavator for the Road and Bridge Department. Ms. Alexander said the bid received from Briggs Equipment was received in the office prior to 9:00 a.m. but was time stamped at 9:01 a.m.. Mr. Greg Beauchamp recommended acceptance of the bid with the disclosure of the time of receipt..
Briggs Equipment
Sales Price $165,000.00
Buy Back Option $75,000.00
Ring Power Corporation
Sales Price $177,671.00
Buy Back Option $75,000.00
Chairman Yearty appointed Comm. Foley, Mr. Billy Cobb, Mr. Kelly Jerrels, Mr. Wayne Hardee and Mr. Benny Jerrels to review the bids and to report on their findings.
AGENCIES
Mr. Scott Stewart introduced himself as the Senior Resident Inspector with the US Nuclear Regulatory Commission for the Crystal River 3 Nuclear Power Plant. Mr. Stewart said Mr. Steven Sanchez is the NRC Resident Inspector at the power plant. Mr. Stewart reported the plant is operating safely and routine inspection reports are available on the NRC website: www.nrc.gov/NRR/OVERSIGHT/ASSESS.
GRANTS
Ms. Joy Brown of the Florida Department of Transportation (FDOT) said FDOT would work with the county and allow the utilization of the County Incentive Grant Program funds awarded for road work projects on LCR C-32 (NE 90th Street) and LCR 464 (SE 55th Street) to be extended for 2001/2002 for one project and 2002/2003 for the second project to allow assistance in securing the match funds for the grant. Ms. Brown said FDOT did not want the county to lose the funding if possible but a decision would be needed prior to the end of their fiscal year of May 2001. Comm. Parker moved to reconsider the County Incentive Grant Program and determine if the county can provide the matching funds and rescinding the action of January 2, 2001 notifying FDOT the grant would not be accepted due to budget constraints and current circumstances. Comm. Stevens seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Ms. Alexander presented the interlocal agreements providing ambulance and emergency services from the Town of Bronson, the Town of Otter Creek, the Town of Inglis, the Town of Yankeetown, the City of Fanning Springs, the City of Cedar Key, the City of Williston and the City of Chiefland and the interlocal agreements for providing a landfill with the City of Cedar Key, the City of Chiefland, the Town of Inglis, the City of Williston, the Town of Yankeetown, the Town of Bronson and the City of Fanning Springs. Chairman Yearty said the Town of Otter Creek has approved the agreement and will be submitting it. Comm. Stevens moved to approve the interlocal agreements which have been submitted. Comm. Rooks seconded and the MOTION CARRIED.
Ms. Alexander presented the interlocal agreements for building code enforcement received from the Town of Inglis, the Town of Bronson, the Town of Yankeetown and the Town of Otter Creek. Comm. Rooks moved to approve the interlocal agreements. Comm. Stevens seconded and the MOTION CARRIED.
Ms. Alexander presented the agreements received from the City of Chiefland Volunteer Fire Department, the Town of Bronson Volunteer Fire Department, the Town of Inglis Fire Department and the City of Cedar Key Volunteer Fire Department. Chairman Yearty requested Ms. Alexander to contact the City of Otter Creek Volunteer Fire Department, Gulf Hammock Volunteer Fire Department and South Levy Volunteer Fire Department concerning their agreements. Comm. Foley moved to approve the agreements. Comm. Stevens seconded and the MOTION CARRIED.
UNION
Mr. Billy Cobb said the formalities have been completed to accept the new union for the EMT’s and Paramedics with the International Association of Firefighters with all proper notices and postings. Comm. Rooks moved to approve the action accepting Levy County Professional Paramedics and EMT’s Local #4069 of the International Association of Firefighters. Comm. Stevens seconded and the MOTION CARRIED.
TAX CERTIFICATES
Mr. Cobb said correspondence has been received from Mr. Luther Henderson requesting to purchase a piece of property which has escheated to the county. Mr. Cobb said the property was a homestead and a determination of value and compliance with Florida Statute needs clarification prior to any action being taken.
TAX ROLL
Mr. Cobb presented the following Certificates of Correction of Non-Ad Valorem Assessment Roll for consideration:
Marshall S. Holmes and Tina M. Holmes and Clifford Pegler, 12651 NE 20th Street, Williston, two (2) units on property with the 1975 mobile home being used for storage.
Mr. Cobb said past policy has been if two (2) units are on the parcel then the request is not accepted. Comm. Sevens moved to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Parker seconded and the MOTION CARRIED.
Mary H. Lewis, vacant building for twelve (12) years, located at 33 SW 3rd Street, Williston.
Mr. Cobb said a request was denied in the past and the property is vacant but utilities could be reconnected. Comm. Stevens moved to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Parker seconded and the MOTION CARRIED.
Betty Shirley and Karen Cassidy, parcel number 09514-100, one (1) unit has been removed and property is vacant.
Mr. Cobb said inspection of the property revealed it was vacant. Comm. Parker moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Foley seconded and the MOTION CARRIED.
HOUSING AUTHORITY
Chairman Yearty opened the public hearing at 9:30 a.m. to discuss the single family mortgage program. Mr. Ralph Cellon of Morgan-Keegan and Company, Inc. said the notification process has been amended and a public hearing is necessary to discuss the bonds to finance the single family mortgage program with Bay County Housing Finance Authority. Mr. Cellon explained the bonds will be sold at the end of February allowing funds to be available at the end of February or the first of March, 2001. Mr. Cellon said the program allows for first time home buyers who qualify, lower interest rates and down payment assistance. Mr. Cellon said local banks have been contacted and provided with information on the program. Mr. Cellon explained the SHIP Program is administered by the county and the Bay County Housing Finance Authority is available from banks and the only involvement of the county is to support the concept and if an applicant for the SHIP Program is ineligible to refer them to the housing program to inquire into eligibility. Mr. Cellon said the program is for first time home buyers, manufactured housing may qualify and allows for purchase prices in a range of $37,000.00 to 106,000.00. Ms. Cynthia Robinson, Mr. Wayne Janney, Mr. Ron Grant, Mr. Bob Williams and Mrs. Harriett Downs participated in the workshop. Chairman Yearty declared the public hearing closed. Comm. Stevens moved to adopt a resolution approving a joint program with the Housing Finance Authority of Bay County, Florida. Comm. Parker seconded and the MOTION CARRIED.
BIDS
Chairman Yearty explained the bid specifications for the Excavator opened at 9:00 a.m. were advertised for 10:00 a.m. and a bid has been submitted by Highland Tractor Co. Comm. Stevens moved to rebid the excavator. Comm. Parker seconded and the MOTION CARRIED. Ms. Alexander opened the bid submitted by Highland Tractor Co.:
Highland Tractor Company
Sales Price $161,890.00
Buy Back Option $92,000.00
SUITS
Mr. David Coffey said he had filed a Verified Complaint on behalf of Mrs. Debra Grant and Mr. William Brown challenging the decision of the Board of Adjustment granting a special exception to Mr. Larry Rogers to operate a borrow pit and backfill operation. Mr. Coffey explained his client’s objections to the special exception. Comm. Foley moved to approve Mr. Beauchamp to review the Verified Complaint and to present his findings. Comm. Parker seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition tabled on January 2, 2001:
Petition No. CU 00-3 -- Janet Anderson and Joe Morales, petitioning the Board for a Conditional Use Permit to allow light manufacturing (patented choke tubes and aluminum gun cases), customized gun smithing to pre-manufacture shot guns, skeet, trap and open gun range for testing shot gun pattern etc., on a parcel of land located in the SE 1/4 (Parcel No. 05152 containing 107.14 acres) and a Tract in the NW 1/4 of the SE 1/4 (Parcel No. 05154 containing .13 acres) both in Section 9, Township 13S, Range 19E, in Levy County. Said parcels contain 107.27 acres more or less.
Comm. Stevens moved to approve the petition for a Conditional Use Permit for Janet Anderson and Joe Morales with the additional conditions of:
1. No change in the use of the property without proceeding through the amendment process.
2. No sale or transfer of property to reduce the size of the parent parcel which may reduce the setbacks or open spaces on the submitted site plan.
3. The range may be used on Thursday 9:00 a.m. to 5:00 p.m., Saturday 9:00 a.m. to 4:00 p.m., and Sunday 11:00 a.m. to 5:00 p.m.
4. There shall be no more than three (3) special events held each year for a maximum of three (3) consecutive days.
5. Only allow shot guns with a maximum of 7 ½ shot shall be permitted on the range.
6. Provide remote toilet facilities and adequate temporary toilets during approved organized events.
7. Noise study.
8. The conditional use permit shall not take place until a certificate of occupancy be issued for the primary support facility (the offices, warehouse, showroom and light manufacturing).
Comm. Foley seconded. Mrs. Harriet Downs said they were opposing the skeet range and the resultant noise from allowing a gun range. Mrs. Downs said there also was concern on the lead shot being left in the ground and contaminating the site. Mr. Peter Zettler said he was concerned on the future development plans for land contiguous to US Alternate 27 and the detrimental affect to the City of Williston and surrounding landowners. Mrs. Gilreath said she was concerned with the skeet shooting but did not object to a commercial use. Comm. Rooks said needed to be certain the action did not violate the public health, safety and welfare of the adjoining development. Comm. Stevens explained the area allows for anyone to discharge a firearm on their property with no controls and this business will economically benefit the county and the City of Williston. Comm. Stevens, Comm. Foley, Comm. Parker and Chairman Yearty voted YES and Comm. Rooks voted NO and the MOTION CARRIED.
ORDINANCES
Chairman Yearty called the public hearing to order to discuss adoption of a proposed ordinance for gated communities. Mr. Beauchamp presented a proposed ordinance to allow privately owned and maintained streets in a "Planned Unit Development" and "Gated" communities. Chairman Yearty called for opposition to the proposed ordinance and none was presented. Mr. Beauchamp said the ordinance addressed allowing emergency personnel access and all plats must be consistent with current land development regulations and the comprehensive land use plan. Comm. Stevens moved to adopt the ordinance providing for privately owned and maintained streets to be permitted only in Planned Unit Developments. Comm. Parker seconded and the MOTION CARRIED.
BIDS
Ms. Alexander presented a bid received for the striping of LCR 347. Ms. Alexander explained this was the only bid submitted for the road project.
Jenkins Painting, Inc. $17,232.00
Comm. Foley moved to accept the lone bid from Jenkins Painting, Inc. for the striping of LCR 347 from CR 330 to CR 326. Comm. Parker seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson submitted the following requests for maintenance on a one (1) time basis:
NE 80th Street, grading only, from NE 90th Avenue to NE 105th Avenue for an estimated cost of $135.00.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
SW 123rd Terrace, clearing right of way to 50', for an estimated cost of $3,221.76.
Comm. Rooks moved to approve the request. Comm. Parker seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Kelly Jerrels advised the front end loader purchased with a buy back option has reached 5000 hours and recommended returning the equipment for the buy back amount of $115,000.00 and requesting bids for a new front end loader. Comm. Parker moved to return the front end loader at the buy back option and to proceed with advertising an Invitation to Bid for a new front end loader. Comm. Foley seconded and the MOTION CARRIED. Chairman Yearty requested Mr. Jerrels to notify the dealer of the action.
DEVELOPMENT DEPARTMENT
Mr. Rob Corbitt said there would be a plat review on Thursday, January 18, 2001 at 9:00 a.m..
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow submitted an Invitation to Bid for a soft ware program for the EMS Run Reports and Billing Program. Comm. Rooks moved to approve the request to advertise the Invitation to Bid. Comm. Stevens seconded and the MOTION CARRIED. Mr. Beddow presented an Invitation to Bid for two (2) new Ford chassis and two (2) remounts. Comm. Rooks moved to approve the Invitation to Bid for the trucks. Comm. Stevens seconded and the MOTION CARRIED.
SHIP
Mr. Dick Tummond presented the following Deferred Payment Loan Agreement:
Mary Charlene Kennedy, Lot 13, Cedar Pines Unit III, Chiefland, for $9,000.00.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
ATTORNEYS, COUNTY AND STATE
Mr. Beauchamp presented for approval the following requests for appointment as Conflict Attorneys:
Linda K. Vogel and Debora E. Fridie
Comm. Rooks moved to approve the appointments to the Conflict Attorney list. Comm. Foley seconded and the MOTION CARRIED.
ADDRESSING 911
Comm. Rooks said the state plans require a 911 Coordinator or in that capacity and be responsible for the operation of the 911 system. Comm. Rooks said Mr. John McCathrin meets the requirements and has worked with the 911 system since 1993 and recommended a salary of $33,500.00. Comm. Parker said there were concerns in hiring an additional employee and after discussions with Sheriff Johnny Smith believes the 911 Coordinator position can be handled by Mr. Mike West who has been hired to operate the computer system at the Sheriff’s Office. Mr. John McCathrin said the management of the system requires database management and technical expertise to resolve problems and to stay informed and be able to initiate new technology to the system as it is mandated. Sheriff Smith explained the 911 Coordinator position could be performed by his employee and remain with the Sheriff’s Office and oversee the database operations in the 911 Addressing office. Comm. Rooks said the liability to the county should be of primary consideration on any action taken as the County Commission is responsible for the operation of the 911 system. Comm. Rooks explained of a concern on information in the database not being current. Mrs. Tonee Fallender explained the procedures for the 911 Addressing database and precautions taken to insure the continued operation of the database. Comm. Foley moved to hire Mr. Mike West as the 911 Coordinator to handle the entire system and to rescind the hiring of Mr. John McCathrin. Comm. Parker seconded. Comm. Foley, Comm. Parker, Comm. Stevens and Chairman Yearty voted YES and Comm. Rooks voted NO and the MOTION CARRIED.
PARKS AND RECREATION
Mr. Earl Cannon said the City of Chiefland appreciated the recent approval to assist with the matching funds for the grant to improve the Charles Strickland Ball Park. Mr. Cannon asked for consideration to the needs for additional funding for maintenance of the ball parks and consider establishing a committee to review recreation county wide.
Mrs. Linda Fugate said the Williston Athletic League is a non profit organization and they use the tuition and concession proceeds to fund the major portion of their costs in operating the ball parks for youth activities and any additional support would assist in the operation of their league.
ADDRESSING 911
Comm. Rooks said clarification is needed for the two (2) employees operating the 911 database for addressing currently located in the Court House. Chairman Yearty said it was the intent of the Board to have Mr. Mike West as 911 Coordinator and the two (2) employees in the 911 Addressing office to be under his responsibility and under the aegis of the Sheriff’s Office. Chairman Yearty said action would be taken at the next regular meeting to address transferring the budget for 911 Addressing to the Sheriff after review by the Clerk of Court, Mr. Shipp and the Commissioner’s Office.
LEGISLATIVE
Chairman Yearty said the Legislative Delegation would be in attendance Wednesday, January 17, 2001 and indicated a request needed to be made to continue pursuing the insurance program recommended by the Small County Coalition. Comm. Rooks said a request was needed for funding at the Court House and increasing funding for the Transportation for the Disadvantage which has been decreased the last seven (7) years. Comm. Foley said the portion of Highway 40 in Inglis that is not maintained by the state should be presented again. Comm. Rooks added to request the bike path project on Highway 40 be moved forward.
COUNTY EMPLOYEES
Chairman Yearty said the position for County Administrator is currently being advertised with a salary range of $36,000.00 to $40,000.00 annually and recommends increasing the salary range from $50,000.00 to $62,000.00 annually. Comm. Parker moved to amend the advertisement for County Administrator to a salary range of $50,000.00 to $62,000.00 and the experience of the applicant. Comm. Stevens seconded and the MOTION CARRIED.
LANDFILL
Comm. Stevens said a request may be made to have the tipping fees waived at the Landfill for a clean up project in Williston.
ORDINANCES
Mr. Beauchamp said the Codification of Ordinances has been reviewed and is complete and an ordinance needs to be adopted approving the Codification. Comm. Rooks moved to advertise for a public hearing to consider adoption of an ordinance to enact the Codificaiton of Ordinances. Comm. Parker seconded and the MOTION CARRIED.
LANDFILL
Mr. Cobb said the committee reviewed the bids submitted for the trailer to be used at the landfill and said CMD Trailer Sales had submitted two (2) separate bids for two (2) different trailers. Mr. Cobb said a review of the bid for a Mack trailer in the amount of $47,131.00 was the low bid and it meets the bid specifications. Comm. Stevens moved to accept the low bid of $47,131.00 from CMD Trailer Sales. Comm. Parker seconded and the MOTION CARRIED.
ORDINANCES
Mr. Wayne Janney inquired on the necessity of adopting an ordinance to approve the Codification of Ordinances. Mr. Beauchamp explained the adoption of the ordinance is to enact the Codification of Ordinances and will allow for the enforcement of the ordinances. Mr. Beauchamp said a review of all the ordinances allowed for procedures to be established.
LEGISLATIVE
Mrs. Renata Cannon recommended a request for funding to educate voters.
COMMISSIONERS
Chairman Yearty adjourned the regular meeting and called to order the advertised public workshop to address the agenda and charter government.
Mrs. Susan Haines presented an outline recommending cut off times for submission of all information to be presented by Department Heads; include an ADA disclaimer; cut off date for items requiring research and review; sign in form for the public; cut off date for public presentations; adjust cut off dates to allow for holidays; items presented but not placed on the agenda would require a unanimous vote to consider the item at the current meeting and have all commissioner’s names and districts listed. Mr. Fred Rummage, Mr. David Bibby, Mr. Art Brunen, Mr. Leo Flynn, Mrs. Renata Cannon, Mr. Ron Grant, Mr. Barney Cannon and Mr. Freddie Shaw indicated the need for a more in depth agenda, requests to have the agenda available to the public prior to the meeting, possible limitation of items to speak on, indicating name and address and issues to be addressed and posting the agenda on the Internet.
Mr. Wayne Janney asked if there was a possibility of having commission meetings at night. Chairman Yearty said this had been tried and attendance by the public did not justify the increase costs to have staff in attendance. Chairman Yearty said it is possible to hold workshops during the evening and workshops are being planned to discuss additional jail space, additional storage space for records and additional parking areas.
Mr. David Bibby said he was requesting the adoption of a resolution to appoint a committee within state guidelines to prepare a proposal for charter government to be placed on the ballot. Mr. Bibby added that if a resolution was not approved he would start a petition drive to solicit 15% of the registered voters to place the issue on the ballot. Mr. Bibby said if the measure was placed on the ballot by petition then there was the possibility the committee would be appointed by the legislative delegation and not by the county commissioners. Mr. Beauchamp explained the procedures to place the issue of a charter government on the ballot. Mr. Beauchamp said information provided by the Florida Association of Counties indicated there were 17 counties with a charter governments and the smallest is Clay county with a population of 100,000 or more.
Mrs. Renata Cannon, Mr. Ron Grant, Mr. Art Brunen, Mr. Barney Cannon and Mr. Leo Flynn discussed costs involved placing the issue on the ballot, how the issue would be funded, and what affect a change to charter government would have on the ability to contact commissioners personally. Mr. Francis Akins and Sheriff Johnny Smith discussed the possible affects on constitutional officers. Chairman Yearty said another workshop would be scheduled concerning charter government.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court