Levy Minutes 02/06/2001

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

February 6, 2001

The Regular Meeting of the Board of Levy County Commissioners was held on February 6, 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 Comm. Foley followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.

FUND AMOUNT
CHECK NUMBERS: 28458 - 28722

GENERAL FUND $794,496.62

ROAD & BRIDGE FUND 66,919.14

LOCAL HOUSING ASSISTANCE 39,387.00

LIBRARY 2,136.91

MEDIATION 250.00

COURT SERVICES 29,904.72

E911 COMMUNICATIONS 1,331.30

LANDFILL & RECYCLING 14,764.57

SPECIAL LAW 544.00

COURT FACILITIES 103.84

FLORIDA POWER GRANT FUND 876.52

EMERGENCY MEDICAL SERVICE 16,895.50

FIRE CONTROL 13,557.25

JUDICIAL GRANT 1,035.11

UTILITIES FUND 698.07

TOTAL $982,900.55

MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of January 16, 2001 and the special meeting of February 2, 2001. Comm. Foley seconded and the MOTION CARRIED.

BIDS

Mrs. Jacqueline Martin opened the following bids submitted for a front end loader for the Road and Bridge Department:

Ring Power Corp. $220,539.00

5 years or 5000 hours with a $120,000.00 buy back option.

Highland Tractor Co. $217,600.00 (cash sale)

Total cost $225,400.00

5 years or 5000 hours with a $135,240.00 buy back option.

L. B. Smith, Inc. $196,730.00

Extended warranty for $7,550.00

Briggs Equipment $184,997.00

Buy back option $100,000.00

Mrs. Martin opened the following bids submitted for an excavator for the Road and Bridge Department:

Briggs Equipment $158,000.00

Buy back option $90,000.00

L. B. Smith, Inc. $135,575.00

Extended warranty for $3,300.00

Highland Tractor Co. $159,890.00 (cash sale)

Total cost $161,890.00

Buy back option $92,000.00

Ring Power Corp. $170,671.00

5 years or 4000 hours with a $95,000.00 buy back option.

Chairman Yearty appointed Comm. Foley, Mr. Kelly Jerrels, Mr. Sammy Pruitt, Mr. Justin Watson and Mr. Billy Cobb to review the bids and to report on their findings.

Mrs. Martin opened the following bids submitted for EMS run reports and billing software:

Sweet Computer Services

          Standard package $10,399.10
          Florida Medicaid option additional $895.00
          Software PC Anywhere additional $170.00 (required)

Toomay Technologies, Inc.

          Standard package $17,000.00
          PC TS Platinum Support additional $5,000.00
          Total Package $22,000.00

Chairman Yearty appointed Comm. Rooks, Mr. Billy Cobb and Mr. Bill Beddow to review the bids and to report on their findings.

Mrs. Martin opened the following bids submitted for two (2) Ford Chassis and two (2) remounts for the Emergency Medical Services:

Trans Med Industries, Inc.

Wheel coach unit $46,916.00 each
First Response remount $47,541.00 each

Stat-Line Industries

Wheel coach unit $49,500.00 each
First Response unit $49,755.00 each

Innovative Coachworks, Inc.

Wheel coach unit $46,980.00 each
First Response unit $48,950.00 each

Chairman Yearty appointed Comm. Rooks, Mr. Beddow, Mr. Cobb and Mr. Pruitt to review the bids and to advise on their findings.

MUNICIPALITIES

Mr. Jamie Griffin requested the use of one (1) bulldozer and one (1) county employee for a two (2) day period to assist the Town of Bronson at the Bronson Recreation Park to clear an area for two (2) soccer fields and a baseball field. Mr. Griffin said the Town of Bronson would reimburse the county for costs. Comm. Rooks moved to approve the request from the Town of Bronson for the use of a bulldozer and county employee for two (2) days. Comm. Parker seconded and the MOTION CARRIED.

Mr. Griffin said the Town of Bronson is working on installing a sewer treatment facility and the feasibility study prepared by the Suwannee River Water Management District and Mills Engineering recommends the town reach an agreement with the county to obtain the sewer facility at the jail. Mr. Griffin said if the town assumed responsibility for the sewer facility, it would expand service for the jail facility, install sewer service into the commercial district including Bronson High School and Bronson Elementary School utilizing Community Development Block Grants (CDBG). Mr. Griffin explained Phase II would include attempting to obtain funding to acquire land for a new sewer treatment facility including spray field and then a process of providing sewer lines to all residential areas as funding becomes available. Chairman Yearty requested Mr. Griffin to arrange with Mr. Lee Mills to make a presentation at a workshop to discuss how this will affect the county and the jail. Comm. Rooks recommended sending a letter to the state in support of the sewer project.

GRANTS

Mr. Greg Bitter with Withlacoochee Regional Planning Council submitted a rural assistance grant application to provide funding for the Transportation Disadvantage Program. Mr. Bitter explained the county has to apply for the grant funding and it will pass through to ATC to provide operating expenses and capital expenditures for public transportation they provide to the county. Mr. Bitter said the submission of the grant application does not obligate the acceptance of the grant funds if they are awarded. Comm. Foley said funding is being reduced for the transportation of the disadvantaged and all grant opportunities should be taken advantage of. Comm. Foley moved to approve the grant application. Comm Rooks seconded and the MOTION CARRIED.

Comm. Foley commended Mr. Bitter on the service he has provided to Levy county and acknowledged his resignation from the Withlacoochee Regional Planning Council. Chairman Yearty said a letter of appreciation would be sent.

SHERIFF

Sheriff Smith said the reimbursement for housing federal inmates has been received in the amount of $15,840.00. Sheriff Smith said this was payment for housing provided in the fiscal year 2000 and was requesting this be added to his budget to allow for the construction of a new storage building. Sheriff Smith said he has obtained quotes from Heritage Buildings and Flying M and these funds would be used for the purchase and delivery of the building. Comm. Rooks moved to approve the appropriation of the $15,840.00 to the 2000 budget for the Sheriff. Comm. Parker seconded and the MOTION CARRIED.

Sheriff Smith requested permission to retain the $31,325.00 received for aviation reimbursement to allow for the continued maintenance and operating costs to keep the aircraft airworthy until the expiration of the contract with the federal government when other action may be taken. Comm. Rooks moved to approve the request for the $31,325.00 to be used for the maintenance and operating costs of the aircraft. Comm. Stevens seconded and the MOTION CARRIED.

Sheriff Smith said the security lights surrounding the jail complex are in need of repairs to maintain the safety and security of the facility. Sheriff Smith said an estimate of $5,000.00 was received and it appears his maintenance department can perform the repairs within the cost of the estimate. Chairman Yearty requested Sheriff Smith to review his budget to determine if this item was included in the budget prior to the board agreeing to accept the cost of repairs. Chairman Yearty advised Sheriff Smith to proceed with the repairs to insure the security of the facility.

ZONING

Mr. Rob Corbitt presented the following petition for a hardship variance:

Petition No. HAVA 00-9 --- Maria Sharpe, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her parents, Opal and Wayne Wilcox, on a parcel of land located in Bronze Sun Acres, Lot 2, Block D, in Section 34, Township 11S, Range 17E, in Levy County. Said parcel contains 2.45 acres more or less and is located within a Rural Residential "RR" zone, located at 10670 NE 102nd Place.

Mr. Corbitt said there had been an inquiry if a permit had been obtained for construction on the property but no formal opposition to the request. Mrs. Maria Sharpe said her parents are elderly and their treating physician advised the need for them to be looked after. Comm. Parker moved to approve the request for the Hardship Variance requested by Maria Sharpe. Comm. Foley seconded and the MOTION CARRIED.

Mr. David Coffey said he had reviewed the proposed order for the Overturning Decision of Board of Adjustment and Code Enforcement in response to the verified complaint filed on behalf of Debra Grant and William Brown and it appeared appropriate of the action taken on February 2, 2001.

Ms. Patrice Boyes, representing Mr. Larry Rogers indicated that proper notice was not provided for the meeting of January 16, 2001 or February 2, 2001 and they were not allowed to provide any arguments against the action taken. Ms. Boyes said Mr. Rogers petition met all the criteria required for a Special Exception and was reviewed by the Planning Commission and the Board of Adjustment in great depth.

Mr. Larry Rogers said his notice of the February 2, 2001 meeting was received on February 1, 2001 and neither Ms. Boyce or himself were unable to attend at such short notice due to previous commitments. Mr. Rogers said he met the criteria as required by staff and requested consideration of the facts and the evidence presented.

Mr. Beauchamp said Mr. Coffey submitted the Verified Complaint and expected a hearing on January 16, 2001 at the regular meeting. Mr. Beauchamp said there were procedural conditions discussed and it was determined a special meeting would be called if some action was to be taken. Mr. Beauchamp said there are procedural issues on the special meeting but this is the first case the Commission has acted on a Verified Complaint rather than allowing it to proceed to circuit court. Comm. Rooks moved to approve and allow the Chairman to sign the order Overturning the Decision of Board of Adjustment and Code Enforcement. MOTION DIED FOR THE LACK OF A SECOND. Comm. Foley moved to rescind the action taken on February 2, 2001 overturning the decision of the Board of Adjustment and Code Enforcement. Comm. Stevens seconded.

Comm. Parker explained he was concerned on the safety and welfare of the residents and in reviewing the action taken on February 2, 2001 the question is does Mr. Roger’s petition for Special Exception fall within the guidelines of the Comprehensive Land Use Plan. Ms. Krista Kelly said staff reviews all petitions for consistency with the Comprehensive Land Use Plan and the Land Development Regulations and would not proceed further if a petition did not meet the guidelines. Comm. Rooks said the decision of the Board of Adjustment and Code Enforcement was improperly based on Policy 1.12 of the Future Land Use element. Comm. Rooks read policy 1.12 of the Future Land Use Element from the Comprehensive Land Use Plan and explained it is not an authorization of mining throughout the rural area, but requires when mining is allowed by the Comprehensive Land Use Plan it must be approved by the Special Exception procedure.

Comm. Foley said the Planning Commission, Board of Adjustment and Code Enforcement and staff reviewed the petition for Special Exception and it was reviewed by the County Attorney with a recommendation of approval.

Mr. James Langley said he questioned action being taken after the thirty (30) days period.

Mr. Beauchamp explained these were procedural steps and would be addressed in any litigation which may arise but did not prevent action being taken.

Mr. William Brown expressed concern of a conflict of interest by Mr. Beauchamp with Security Title Services, Inc. performing services for Mr. Rogers and Mr. Beauchamp having an interest in the firm.

Mr. Beauchamp said the commissioners have been apprised of the appearance of a conflict of interest and has recommended they obtain other counsel if there is any litigation. Chairman Yearty called for a voice vote. Comm. Rooks and Comm. Parker voted NO, Comm. Stevens, Comm. Foley and Chairman Yearty voted YES to rescind the action taken on February 2, 2001 and the MOTION CARRIED.

Comm. Rooks recommended having legal counsel present at the Planning Commission and Board of Adjustment and Code Enforcement meetings. Mr. C. W. Gilbert said he agreed with the action taken.

MEDICAL EXAMINER

Mrs. Martin said the Florida Department of Law Enforcement has requested a recommendation on the reappointment of Dr. William F. Hamilton or any other person as medical examiner. Ms. Martin said this is an appointment made by the Governor. Comm. Rooks moved to recommend the reappointment of Dr. William F. Hamilton as Medical Examiner. Comm. Stevens seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mrs. Martin presented the 1999-2000 and the 2000-2001 interlocal agreements from the Town of Otter Creek for the landfill and the 2000-2001 interlocal agreement for the volunteer fire department for approval. Comm. Rook moved to approve the interlocal agreements. Comm. Stevens seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES

Ms. Paula Edwards said there was a local state of emergency order issued to ban the use of flares, explosives, or outdoor burning devices or otherwise lawful outdoor burning issued on January 25, 2001 and it needed to be ratified. Comm. Stevens moved to ratify the emergency order issued on January 25, 2001. Comm. Rooks seconded and the MOTION CARRIED.

Chairman Yearty said the ban on burning is still in effect and the Division of Forestry has advised with the recent rainfall the ban may be lifted with the possibility of being reinstate with certain conditions. Comm. Stevens moved to lift the emergency order placing a ban on burning. Comm. Parker seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Mr. Justin Watson presented the following requests for road maintenance:

University Estates, NE 110th Avenue, eight (8) loads of rock and grading, an estimated cost of $1,200.00 and NE 86th Street, 35 loads of rock and grading for an estimated cost of $5,250.00, total cost for both roads, $6,450.00.

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

Cedar Key Mobile Home Park, S. W. 113th Terrace, requiring rock and grading for 465' with dedicated 50' right of way for an estimated cost of $67.00.

Comm. Rooks moved to approve the request on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.

Fowlers Bluff Volunteer Fire Department, six (6) loads of fill dirt, hauling only.

Comm. Rooks moved to approve the request for fill dirt from Fowlers Bluff Volunteer Fire Department. Comm. Parker seconded and the MOTION CARRIED.

Mr. Watson said approval of a request to extend NE 106th Street in Five (5) Oaks had previously been approved subject to obtaining the right of way deeds. Mr. Watson said the property owners were not interested in extending the roadway. Comm. Parker moved to close the project for the extension of NE 106th Street in Five (5) Oaks. Comm. Stevens seconded and the MOTION CARRIED.

PARKS AND RECREATION

Mr. Wayne Janney inquired on the status of boat ramp at Wacassassa now that the marina has fenced their property. Chairman Yearty said the grant award of $50,000.00 has just been received and will be used to stabilize the bank, dredge the canal and allow for other improvements to the park. Chairman Yearty said the parking problem is being reviewed.

SHIP

Mrs. Carol McQueen said a request for a subordination agreement has been made by Ms. Dorothy Edwards who is having her home refinanced to prevent foreclosure proceedings. Ms. McQueen said the request meets the established guidelines and if approved the county would revert to the second position on the new mortgage. Comm. Foley moved to approve the subordination agreement. Comm. Parker seconded and the MOTION CARRIED.

GRANTS

Mrs. McQueen said the time to apply for a Community Development Block Grant (CDBG) is approaching and authorization to submit the grant application is needed. Comm. Stevens moved to proceed with the grant application for the CDBG funding. Comm Foley seconded and the MOTION CARRIED. Mrs. McQueen explained a Citizens Advisory Task Force (CATF) needs to be appointed. Mrs. McQueen said Mr. Frank Schuler, Mr. John H. Donaldson, Mr. Cliff Norris, Mr. Walt McJordan, Mr. Doug King, Mr. Louis Huch (Skip) and Mr. Kenneth Griffith were previously appointed and are familiar with the procedure. Comm. Stevens moved to approve the Citizens Advisory Task Force (CATF). Comm. Foley seconded and the MOTION CARRIED. Mrs. McQueen said public hearings would be advertised for regular scheduled meeting dates.

ATTORNEYS, COUNTY AND STATE

Mr. Greg Beauchamp presented a request to appoint Mr. Robert H. Fishback, Jr. to the conflict attorney list. Comm. Rooks moved to approve Mr. Fishback to the conflict attorney list. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Beauchamp explained there is a reimbursement available from the Office of the State Courts Administrator for extraordinary criminal case related costs. Mr. Beauchamp said there are certain criteria that must be met and a resolution adopted and would recommend pursuing this reimbursement if a criminal case incurs extraordinary costs.

SUITS

Mr. Beauchamp said an Order to Dismiss was entered in the Rees class action suit with leave for the plaintiff to amend the complaint. Mr. Beauchamp said the three (3) other suits relating to zoning matters are still pending.

BIDS

Chairman Yearty said the bids received for the excavator and the front end loader are extensive and a review meeting will be scheduled for a later date.

Comm. Rooks said the bids received for the Emergency Medical Services will be reviewed and presented at the next regular meeting.

MISCELLANEOUS

Chairman Yearty recognized Mrs. Jimmie Walls, Mayor of Inglis.

911 ADDRESSING

Comm. Rooks said action was taken to hire another 911 Coordinator on January 16, 2001 but did not address a salary for the time period Mr. John McCathrin was hired as 911 Coordinator. Comm. Rooks said the Sheriff’s Department continued Mr. McCathrin’s salary through January 7, 2001 and he was a county employee from January 8, 2001 to January 16, 2001 and entitled to 198 hours of annual leave and 56 hours of regular pay and also has 510 hours of sick leave. Mr. Billy Cobb said a vested employee is only entitled to 25 percent of their sick leave and Mr. McCathrin was not vested. Chairman Yearty explained Mr. McCathrin was hired as a county employee and a rate of pay needed to be established for the period of time he was employed. Comm. Rooks moved to continue Mr. John McCathrin’s salary at the same rate as his employment at the Sheriff’s Office and reimburse him for annual leave of 198 hours and 56 hours of regular pay from January 8, 2001 to January 16, 2001. Comm. Foley seconded. Comm. Rooks, Comm. Foley and Chairman Yearty voted YES and Comm. Stevens and Comm. Parker voted NO and the MOTION CARRIED. Mr. C. W. Gilbert and Mr. Wayne Janney inquired into paying Mr. McCathrin for this time period.

CONTRACTS AND AGREEMENTS

Comm. Rooks presented an amended interlocal agreement creating the Citrus Levy Marion Workforce Consortium. Comm. Rooks explained the agreement was being amended to extend the ending date to June 30, 2003. Comm. Rooks moved to approve the interlocal agreement. Comm. Stevens seconded and the MOTION CARRIED.

ROAD AND BRIDGE DEPARTMENT

Comm. Rooks explained there was a severe rodent problem at the Road and Bridge Department and some action needed to be taken. Comm. Rooks said the Clerk of Court and the Supervisor of Elections have agreed to move their files stored at the Road Department and this would allow for the renovation of that area into office space. Chairman Yearty said the employees for the landfill should be based at the landfill. Chairman Yearty said a workshop will be scheduled for February 20, 2001 at 1:00 p.m. to discuss space at the Road and Bridge Department.

SALARY AND WAGES

Comm. Foley presented the following personnel recommendations for salary increases:

Rod Hastings, Landfill, increase from $10.7146 to $11.2146 per hour.