REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 20, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on March 20, 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
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. Foley seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 29199 - 29455
GENERAL FUND $307,843.77
ROAD & BRIDGE FUND 302,700.84
LOCAL HOUSING ASSISTANCE 9,500.00
LIBRARY 13,839.60
MEDIATION 450.00
COURT SERVICES 23,551.30
LANDFILL & RECYCLING 97,777.46
FLORIDA POWER GRANT FUND 516.34
EMERGENCY MEDICAL SERVICE 60,128.17
JUDICIAL GRANT 952.65
JUVENILE JUSTICE 2,242.70
UTILITIES FUND 749.28
TOTAL $820.252.11
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of March 6, 2001 and the special meeting of March 13, 2001. Comm. Foley seconded and the MOTION CARRIED.
JUDICIAL
Mrs. Jan Chesser said it is proposed to use the grant-in-aid funds provided from Article V for the 2000-2001 fiscal year for court house security and technology needs including the installation of a fiber optic link with the jail. Mrs. Chesser explained there are funds available from 1999-2000 to prepare a space plan and provide for the renovation of the holding cell and piggy-backing the bid for a consultant with Alachua county . Mrs. Chesser said if the funds are not designated they will not be available at a later date and are allocated specifically for improvements for the judicial operations of the court house. Comm. Rooks moved to allow discussion and action on the proposed use of the funds on a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED UNANIMOUSLY. Comm. Rooks moved to approve the proposed recommendations with the consultant being identified as a priority for space improvements. Comm. Stevens seconded and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:
James D. and Misty R. Hopping, Lot 1, Block 1, Pineridge Estates, Williston.
Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Stevens seconded and the MOTION CARRIED.
Mrs. McQueen presented the State Housing Initiatives Partnership Program (SHIP), Housing Assistance Plan for 2001-2004. Mrs. McQueen explained the SHIP program provides for Purchase Assistance, Rehabilitation and Emergency Home Repairs for residents in moderate, low and very low income groups. Mrs. McQueen said the recommended changes to the Housing Assistance Plan allows for the very low income to have available up to $15,000.00 for down payment and closing costs on existing homes, with an additional $3,000.00 reserved for repairs; $20,000.00 for down payment and closing costs for new construction; low income would be allowed up to 18% of thesales price for down payment and closing cost assistance on existing units with a maximum cap of $9,500.00 and a maximum cap of $12,500.00 for new construction; and a moderate incomes allows up to 10% of the sales price for down payment and closing costs on existing units with a maximum cap of $7,000.00 and an additional $3,000.00 reserved for repairs and allows up to $14% of the sales price for new homes with a maximum cap of $10,000.00. Mrs. McQueen said approval of the Housing Assistance Plan, the resolution and the certification page is needed to meet state requirements. Comm. Stevens moved to approve the Housing Assistance Plan, resolution and certification page as presented with the recommended changes. Comm. Parker seconded and the MOTION CARRIED.
GRANTS
Mrs. McQueen advised the Citizens Advisory Task Force(CATF) for the Community Development Block Grant (CDBG) application has met and recommends scheduling the public hearings for April 3, 2001 at 10:30 a.m. and April 17, 2001 at 10:30 a.m.. Comm. Stevens moved to schedule the public hearings for the CDBG grant application as recommended. Comm. Rooks seconded and the MOTION CARRIED.
SHIP
Ms. Charlene Kennedy said she was a recipient of the SHIP program and wanted to publicly thank and recognize the Board, Mrs. McQueen and Mr. Dick Tummond for the assistance that has been provided.
MISCELLANEOUS
Mr. Doyle McCall stated he did not think an individual should address the Board and damage the character of another person and recommended establishing a policy to prevent that from occurring. Mr. McCall explained he has known Mr. Greg Beauchamp many years and did not question his integrity, honesty or ability.
FESTIVALS
Mr. Lannie Cardona advised the NatureFest 2001 will be held Saturday, March 31, 2001 at the Fanning Springs State Recreation Area to promote nature based tourism for the tri-county area.
SHERIFF
Mr. Bobby McCallum requested authorization to apply for a COPS More grant to offset some of the costs for the mandated changes to the wireless 911 system. Mr. McCallum explained , if awarded, the maximum grant amount was $250,000.00 and match funds would be approximately $125,000.00. Mr. McCallum said various alternatives to provide the matching funds have been researched and one option would be a contract lease purchase that allows annual payments for five (5) years. Mr. McCallum explained currently this expense is not provided for in the Sheriff’s budget and some assistance to offset the expense can come from 911 funds and direct purchasing of the equipment would be a savings instead of leasing equipment. Comm. Stevens moved to approve the request to submit the application for a COPS More grant. Comm. Parker seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Ms. Heather Alexander presented the Lime Stabilization and Wastewater Residual Disposal agreement with Florida Septic, Inc.. Ms. Alexander said the hauling costs had increased for digested liquid residuals to $175.00 from $165.00 for the 1st 2000 gallons and to $65.00 from $55.00 for each 1000 gallons up to 4000 gallons total. Comm. Stevens moved to approve the contract for wastewater disposal. Comm. Rooks seconded. Comm. Foley inquired if there were other haulers to perform this service. Comm. Stevens said the rates were consistent with charges for the area and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported the 12 lead Heart/Monitor has been ordered and training exercises will be held on the use. Mr. Beddow said one of the rescue units will be delivered this week and the last unit will be delivered April 8, 2001.
EQUIPMENT
Chairman Yearty reported that Deity Charities, Inc. a Christian missionary group has requested the donation of a surplus ambulance. Chairman Yearty verified the surplus ambulance unit was not needed by any other county department. Chairman Yearty said Marion county is releasing several surplus vehicles and if a fire truck is not needed by another department it would be available for donation to the non-profit organization. Chairman Yearty requested Mr. Beddow to coordinate the equipment donation with Mr. Roger Crossman and Mr. Leo Flynn. Comm. Stevens moved to approve the transfer of an ambulance and fire truck to Deity Charities, Inc. subject to approval and review by the county attorney and all liability transferred from the county. Comm. Rooks seconded and the MOTION CARRIED.
PARKS AND RECREATION
Mr. Wayne Hardee requested authorization to issue an Invitation to Bid for a pickup to be used by the Parks and Recreation Department. Mr. Hardee explained the purchase of the vehicle was included in the budget for this fiscal year. Comm. Parker moved to approve the Invitation to Bid. Comm. Foley seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson submitted the following for maintenance on a one (1) time basis:
NE 55th Street beginning at NE 107th Court continuing to NE 110th Avenue for grading only, at an estimated cost of $67.00.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
All streets in Cason Inglis Acres, Unit 9 and 10, (Debra Avenue, Debra Street, Linda Street, Sapp Street, Shearer Street, Vicki Street, and Diana Street), with a dedicated 50' right-of-way, grading only up to city maintained streets for a cost of $536.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED.
SW 120th Place in Cedar Key Shores, Unit 1, has dedicated right-of-way for one (1) load of rock and grading for an estimated cost of $217.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Watson submitted the following request for placement on the paving list:
SE 120th Street (LCR 376) with a 50' dedicated right-of-way, for 1.28 miles beginning at CR 337 and continuing to the Marion county line.
Comm. Stevens moved to approve the request for placement on the paving list. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Mr. Watson said the acceptance or rejection of the county incentive grant awarded by the Florida Department of Transportation (FDOT) needs to be considered. Comm. Foley explained the grant requires a 65% match of funds from the county. Comm. Foley said projects have already been budgeted and this would require deleting or postponing these projects if the grant was accepted. Chairman Yearty said this would be scheduled for discussion at the next regular meeting.
TAX ROLL
Mr. Greg Beauchamp presented the List of Lands Available for Taxes from the Tax Deed Sale of March 5, 2001 as submitted by Mrs. Jennifer Dean, Deputy Clerk.
Mr. Beauchamp advised that Mrs. Linda Fugate, Levy County Tax Collector has provided notice of Delinquent County Tax Certificates that are unredeemed for the 1998 Tax Year and needs notification if Tax Deed Warning Letters of Impending Tax Deed Applications should be sent by her office. Chairman Yearty directed Mr. Beauchamp to notify Mrs. Fugate to send the Warning Letters on the consensus of the Board.
LIBRARY
Mr. Fred Moody advised that a Letter of Acceptance has been received from Mr. Tom Reitz for the position of Library Director.
Mr. Moody presented a proclamation recognizing the week of April 1st to April 7th, 2001 as National Library Week. Comm. Rooks moved to recognize April 1st to April 7th as National Library Week. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Moody submitted the job description and contract for the position of Children’s Summer Reading Program Coordinator. Comm. Stevens moved to approve the job description and contract pending review by the county attorney. Comm. Rooks seconded and the MOTION CARRIED.
BUILDING AND GROUNDS
Mr. Moody recommended allowing the Library Director to utilize the office space in the Baker Building currently being occupied by Mr. Cardona of the Nature Coast Economic Development Council and for Mr. Cardona to utilize the space currently used by the Library Director. Mr. Moody explained Mr. Cardona would be going into a smaller area and after discussions with Mr. Cardona recommended assuming the electric bill for the Economic Development Council. Mr. Moody said Mr. Cardona has requested during their discussions to include the assumption of the telephone bill. Mr. Moody said the funds saved from the two utility bills would be used by the Development Council for advertising. Comm. Rooks moved to approve acceptance of the electric and telephone bill for the Nature Coast Economic Development Council with the change of office space. Comm. Stevens seconded and the MOTION CARRIED.
ORDINANCES
Mr. Beauchamp said a public hearing was advertised to consider adoption of an ordinance adopting and enacting the new code from the codification of the ordinances. Mr. Beauchamp said further review has revealed items which need correction before any ordinance is considered for adoption and recommended continuing the public hearing to April 3, 2001 at 10:30 a.m.. Comm. Rooks moved to continue the public hearing to April 3, 2001. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Comm. Rooks moved to discuss the position of County Administrator as a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED UNANIMOUSLY.
Comm. Rooks moved to terminate Mr. William Cobb as County Administrator with a termination date in two (2) weeks and to pay 240 hours for annual leave and 1/4th of accrued sick leave. Comm. Stevens seconded. Mrs. Susan Haines said Mr. Cobb had indicated on record at the regular meeting of March 6, 2001 that he would resign from the position as County Administrator. Mr. Beauchamp said his understanding was Mr. Cobb would not resign from the position as County Administrator and if terminated he may be entitled to Unemployment Compensation Benefits and the MOTION CARRIED.
COMMISSIONERS
Comm. Rooks recommended expanding the Planning Commission and the Board of Adjustment from five (5) members to seven (7) members creating a position for a minority and a representative of the clamming industry. Comm. Rooks moved to expand the Planning Commission and the Board of Adjustment from five (5) members to seven (7) members. Comm. Stevens seconded. Mr. Beauchamp explained the two (2) boards were created by ordinance and a public hearing would need to be held to amend the ordinance. Chairman Yearty inquired if this recommendation had been discussed with Mr. Rob Corbitt and Ms. Krista Kelly and if consideration of the impact to the budget by creating the additional positions to these boards. Comm. Rooks moved to amend the motion to advertise for a public hearing to amend the ordinance for the number of positions on the Planning Commission and the Board of Adjustment. Comm. Stevens seconded and the MOTION CARRIED.
BUILDINGS AND GROUNDS
Comm. Stevens said the handicap accessible restroom at the Agriculture Center has not been completed since renovations and requested the Maintenance and Construction crew complete the work. Chairman Yearty recommended a review by the Space Committee as the lease for the USDA office needs to be renewed.
ZONING
Comm. Foley said a review of the request by Misty Wilkerson to waive the fee of $150.00 for the Hardship Variance had been studied and there is not a policy established to waive the fee. Comm. Foley moved to deny the request to waive the $150.00 fee for a Hardship Variance. Comm. Stevens seconded and the MOTION CARRIED.
AGENCIES
Ms. Kay Clark, Executive Director of Tri-County Pregnancy Center said they were making applications for the funds available from the "Choose Life License Plate." Ms. Clark explained they are a non-profit organization. Chairman Yearty said the request would be reviewed to determine the organization met all state guidelines and would be on the agenda for discussion at the April 3, 2001 meeting.
MISCELLANEOUS
Mr. Art Maruna said he had been present during the presentation by Mr. Allen Watts on a proposal for charter government and recommended a serious review prior to appointing a charter committee when the current system is working.
Mr. Norm Fugate said the current form of government allows for home rule and there are minor issues that differ such as a charter government being able to impose a utility tax. Mr. Fugate said the counties with charter governments are the largest populated counties and the costs to enact a committee to study and propose a constitution for a charter government could be an expensive non budgeted item. Mr. Fugate said the statute allows a charter committee to hire expert consultants, office staff, supplies and submit the billings payment. Mr. Fugate explained all municipalities must have a charter. Mr. Fugate said currently if there is a need to enact an ordinance for emergency measures or to amend or revoke an ordinance action may be taken promptly and recommended a serious review of the implications of a charter commission including the financial impact on the general revenue.
Mr. David Bibby said he would like to have a formal charter for a home rule document.
Comm. Rooks moved to appoint a Study Charter Commission to study a charter government system for the county. Comm. Stevens seconded. Comm. Rooks said the Charter Commission would identify the need for a charter government and report on their findings at the end of the eighteen (18) month period and a budget could be established for the commission to operate within.
Mrs. Mary Golding inquired how a commission would be selected to fairly represent all citizens.
Mr. Bibby said a committee could consist of two (2) representatives from each district and include members at large and allow them to prepare a study and if the opinion returned was not in favor of a charter government the information obtained could be applied for establishing policies.
Mr. Ron Grant said there is difficulty in finding funding for state mandated requirements and the tax base can not afford the expenditures required for a charter commission.
Mrs. Sharon Carter stated the county could not afford charter government.
Comm. Rooks moved to appoint a study committee. Comm. Stevens seconded. Mr. Beauchamp said clarification was needed on the type of committee being recommended. Mr. Beauchamp explained if it is a committee to study if residents want a charter government and not proceed with a proposed charter then it would be a task force.
Mrs. Sarah Miller said committees appeared to be appointed without concern for the personal representation of all residents.
Comm. Foley said it had been recommended to add additional representatives on the Planning Commission and Board of Adjustment with no explanation of the cost if that action is approved and does not see how the funds can be justified for this committee. Comm. Rooks voted YES, Comm. Stevens, Chairman Yearty, Comm. Foley and Comm. Parker for NO and the MOTION FAILED.
COUNTY EMPLOYEES
Chairman Yearty explained the interview process to the three (3) final applicants for the County Administrator position. The applicants interviewed were as follows:
Lyndon Bonner, Lorri E. P. Wentz and Lex Green
MUNICIPALITIES
Mr. Lyndon Bonner presented a request for a Letter of Support from the City of Dunnellon to develop a regional facility to locate emergency first responders, fire services, law enforcement and evacuation shelter facilities. Mr. Bonner said the facility will serve Marion, Citrus and Levy counties as a multi-use platform to host many types of assemblies uses and can be activated for emergency shelter by any of the three (3) counties.
Comm. Rooks moved to approve action on the Letter of Support as a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED.
Comm. Rooks moved to send a Letter of Support for a regional facility for emergency management as requested by the City of Dunnellon. Comm. Stevens seconded and the MOTION CARRIED.
SHERIFF
Sheriff Johnny Smith said approval was given to allow the selection of the low estimate from Kennedy Roofing to repair the roof on a pod at the jail. Sheriff Smith said he has found out that Mr. Kennedy does not have an active certification number.
Sheriff Smith explained the recent rains have revealed the entire roof is in poor shape and there are leaks throughout the facility and is requesting authorization to have the roof repaired. Chairman Yearty requested Sheriff Smith to have Mr. Corbitt and Mr. Jim Jones inspect the roof and to report on the findings.
COUNTY EMPLOYEES
Chairman Yearty called for the selection of County Administrator. Comm. Parker moved to offer the position of County Administrator to Mr. George Lambka. Comm. Stevens seconded and the MOTION CARRIED UNANIMOUSLY.
Chairman Yearty requested Mr. Beauchamp to prepare an annual contract of employment to include a performance evaluation at the end of six (6) months.
MSTUs
Mr. Ken Van Assenderp said he had reviewed the current ordinances relating to MSTUs and Special Assessments and recommended the ordinances be amended to comply with current Florida Statutes and to address the procedures to increase assessments, add new sub divisions, allow for paving of roads in existing MSTUs and the collection process. Mr. Van Assenderp said public hearings would be needed and the process has time lines. Mr. Van Assenderp explained about Dependent Districts, MSTUs (Municipal Service Taxing Units) and MSBUs (Municipal Service Benefit Units).
Mr. Van Assenderp said he had provided Mr. Beauchamp with the names of several attorneys who could provide the consulting services with the fees being under $10,000.00.
Comm. Stevens moved to employ Mr. Ken Van Assenderp for legal consulting services to initiate and complete the process for revising the MSTUs. Comm. Parker seconded. Mr. Van Assenderp added an independent engineer would be needed to establish the need for the amendment of the MSTUs and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court