REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 3, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on April 4, 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 - George A. Lambka
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. Chairman Yearty introduced the new County Administrator, Mr. George Lambka.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 29456 - 29651
GENERAL FUND $627,025.70
ROAD & BRIDGE FUND 429,384.02
LOCAL HOUSING ASSISTANCE 41,281.00
LIBRARY 45,493.11
MEDIATION 100.00
COURT SERVICES 25,665.17
E911 COMMUNICATIONS 20,632.48
LANDFILL & RECYCLING 5,072.69
SPECIAL LAW 3,247.92
COURT FACILITIES 180.98
FLORIDA POWER GRANT FUND 180.60
EMERGENCY MEDICAL SERVICE 12,195.07
SPECIAL CONSTRUCTION 8,736.09
FIRE CONTROL 18,265.50
EMS GRANT 48,950.00
JUDICIAL GRANT 2,700.00
UTILITIES FUND 566.84
TOTAL $1,289,677.17
MINUTES
Comm. Parker moved to approve the minutes of the regular meeting of March 20, 2001. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. James Cason of Nature Coast Financial Services, Inc. presented a retirement plan proposal for employees. Mr. Cason explained the plan allows for additional retirement investment opportunities at no cost to the county. Comm. Stevens moved to authorize Nature Coast Financial Services, Inc. to offer the Annuity Investors Life Insurance Company investment program as an additional investment plan for employees and allow the chairman to execute the contract after review of the contract by the county attorney. Comm. Rooks seconded and the MOTION CARRIED.
AGENCIES
Ms. Gwen Kessler with Community Health Charities of Florida said they offer an employee charitable giving program through payroll deduction and would like to be able to offer the option to county employees. Chairman Yearty requested Ms. Kessler to meet with Mr. Danny Shipp, Clerk of Court to discuss the program.
ANIMAL CONTROL
Mrs. Joann LaFave, Ms. Patricia Radford and Mr. Donald Calloway requested consideration of a leash law. Mrs. LaFave explained they are unable to walk on their streets in the Fanning Springs Annex without the threat of an attack by vicious dogs. Mrs. LaFave said they have contacted Animal Control and the problem has not been resolved.
Mr. James Willis said there is a problem in the Williston area with uncontrolled dogs. Mr. Jerry Bunch explained he has had to wait three (3) weeks to get a trap and was advised there were not enough traps available.
Chairman Yearty requested Mr. Lambka and Mr. Fred Moody to meet with Animal Control and the complainants and report on their findings.
AGENCIES
Mr. Lannie Cardona presented the Overall Economic Development Plan (OEDP) for submission to the Withlacoochee Regional Planning Council for the Comprehensive Economic Development Strategy (CEDS). Mr. Cardona said a recommendation to include the Chiefland-Fanning Springs Sewer Project has been made and deleting the aquaculture hydrological monitoring stations as this project has been funded. Mr. Cardona explained the grants are intended to help communities achieve sustainable economic growth by developing and expanding public works and other infrastructure facilities. Mr. Cardona said the list assists in establishing priorities for future projects and can serve as a basis for a Capital Improvements Plan.
Chairman Yearty advised Mr. Cardona to submit the plan with the designated projects.
MISCELLANEOUS
Mr. C. W. Gilbert said he was concerned about the actions of the county attorney. Mr. Gilbert questioned the hiring of an attorney to assist in assessing a tax and the validity of current ordinances being codified by the Municipal Code Company.
Mr. Gilbert discussed the securing of a building permit by Security Title Company and if proper procedures were followed in securing the permit and in the disposal of asbestos from the property. Mr. Gilbert inquired into the financing of the property owned by Security Title Company in which Mr. Beauchamp is a partner.
Mr. Beauchamp recommended Mr. Gilbert file his complaints with the proper entities for the building permit and the allegation of improper disposal of asbestos by Security Title Company. Mr. Beauchamp explained he works at the pleasure of the Board and either party can terminate the agreement with thirty (30) days notice.
AGENCIES
Mrs. Jacqueline Martin said Meridian Behavioral Healthcare, Inc. has reappointed Mrs. Marjorie Davis to a new three (3) year term as the Levy County representative and is requesting formal approval of the action. Comm. Foley moved to reappoint Mrs. Marjorie Davis to the Board of Directors with Meridian Behavioral Healthcare, Inc. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Mrs. Martin presented an Invitation to Bid to solicit bids for health insurance coverage for the county employees. Mrs. Martin said the bids will be opened on June 5, 2001 and awarded on June 19, 2001 to allow sufficient time to implement the coverage for the August 1, 2001 effective date. Comm. Stevens moved to approve the Invitation to Bid for Health Insurance coverage. Comm. Parker seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Walt McJordan said if appropriately investigated the Security Title property would probably reflect an action approved by the Board of Directors of the financial institution to remove a property from their inventory and returning it to a profitable investment.
SALARY AND WAGES
Comm. Foley presented a Personnel Recommendation for the following employee:
Matt Weldon, increase from $11.1305 to $11.3805 per hour, representing a $.25 per hour increase for the completion of an 80 hour mosquito identification and certification workshop.
Comm. Foley moved to approve the increase in salary to $11.3805 per hour. Comm. Parker seconded and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreements for consideration:
Mary M. Simmons, Suwannee River Heights, Block 2, Lots 4 and 5, 304 N. E. 6th Street, Chiefland, for $4,600.00.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Stevens seconded and the MOTION CARRIED.
Mario and Teresa Tolentino, Lot 17 and 18, Block 3, Suwannee River Heights, 104 N. E. 6th Street, Chiefland for $7,000.00.
Comm. Parker moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen said Scott and Nicole Tummond have requested a subordination agreement approved. Mrs. McQueen explained the circumstances do not meet the established policy for a subordination agreement but this is an unique circumstance that allows the home owner to take advantage of a lower interest rate, reduce the length of their mortgage and realize a savings of approximately $50,000.00 in interest payments. Mrs. McQueen said the subordination agreement was original developed to prevent the consolidation of credit card debt. Comm. Parker moved to approve the subordination agreement for Scott and Nicole Tummond due to the unique circumstances for refinancing. Comm. Rooks seconded and the MOTION CARRIED.
HOUSING AUTHORITY
Mrs. McQueen presented the a Fair Housing Program and explained there is an Levy County Ordinance 90-5 that prohibits discrimination on the basis of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age and any complaints may be directed to the County Administrator who will refer the complaint to the appropriate federal agency.
STATE AGENCIES
Mr. Ernie Ash presented a payment of $83,292.29 reflecting the distribution of the Goethe State Forest receipts for the fiscal year 1999-2000 in accordance with Section 589, Florida Statutes for lands taken into public ownership and removed from the tax rolls.
ZONING
Mr. Rob Corbitt presented the following Hardship Variance petition:
Petition No. HA.VA. 2-01 *** Patricia Levitzke, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her ex-husband to care for their daughter, Shelbie Levitzke, while one or the other are at work, on a parcel of land located in Levyville Acres, Lot 13, in Section 3, Township 12S, Range 15E in Levy County. Said parcel contains 10.87 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone, located at 9450 N. W. 10th Avenue, Chiefland.
Chairman Yearty called for opposition and none was presented. Comm. Foley said the file has been reviewed and all documentation has been presented. Comm. Foley moved to approve the request for the Hardship Variance based on the unique circumstances of the hardship. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for a Final Plat for consideration:
Petition No. FP-00188 *** Pardue Land Surveying representing Mike McDougal petitioning the Board for a Final Plat of "Oak Meadows, Phase I," a subdivision located in the W ½ of the SW 1/4 and the S ½ of the NW 1/4 and less road right-of-way and less 18 acres East of ACL Railroad, in Section 10, Township 11S, Range 14E, in Levy County. Said parcel contains 87.60 acres more or less and is located within a Rural Residential "RR" zone. The Planning Commission recommends approval of the final plat.
Mr. Corbitt explained the preliminary plat was filed two (2) months prior to a change in the Future Land Use Map (FLUM) which amended the lot size requirements. Chairman Yearty called for opposition and none was presented. Comm. Rooks moved to approve final plat for "Oak Meadows, Phase I." Comm. Stevens seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for placement on the paving list:
LCR 1081 known as NE 138th Terrace and LCR 1087 known as NE 47th Place located in Windmill Acres beginning at NE 47th Place and continuing through to the ending point of NE 138th Terrace. There are 14 homes, with dedicated right of way for a distance of 4014 feet.
Comm. Parker moved to place NE 138th Terrace and NE 47th Place on the paving list. Comm. Foley seconded and the MOTION CARRIED.
Mr. Watson presented the following request for acceptance into the maintenance system:
NE 110th Street, NE 91st Court, and NE 93rd Terrace located in 5 Oaks Acres, Unit 2, for a distance of 1.5 miles, with a 60' dedicated right-of-way, with 17 homes.
Comm. Parker moved to approve the request for acceptance into the maintenance system. Comm. Stevens seconded and the MOTION CARRIED.
GRANTS
Mr. Watson advised the Florida Department of Transportation (FDOT) needs to be notified if the County Incentive Grant with a 65% contribution will be accepted for C-32 (NE 90th Street) and C-464 (SE 55th Street). Comm. Foley explained the budget for road paving has been established and to accept a grant requiring a 65% contribution would require an adjustment to the budget for road paving and would necessitate other projects being dropped or postponed. Comm. Foley said other road paving grants are available with a smaller contribution or no contribution. Comm. Foley moved to advise FDOT that the grant would not be accepted due to cost restraints from previously budgeted road paving projects. Comm. Rooks seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Ms. Paula Edwards advised the 50th Annual Governor’s Hurricane Conference will be held May 14, 2001 to May 18, 2001 and fifteen (15) emergency support personnel positions are budgeted for attendance. Comm. Rooks moved to approve sending fifteen (15) emergency support personnel to the Governor’s Hurricane Conference. Comm. Stevens seconded and the MOTION CARRIED.
Ms. Edwards said the North Florida Hurricane Expo will be held in Gainesville on April 20, 2001 and April 21, 2001 from 8:00 a.m. to 5:00 p.m.. Ms. Edwards said the Expo is opened to the public and encouraged attendance to see the USAF Hurricane Hunter aircraft that will be on display.
Ms. Edwards reported the severe storm which struck on March 29, 2001 caused minor and major damage in Hide-Away Mobile Home Park. Ms. Edwards said there was immediate response by emergency personnel and volunteers to assist the residents. Ms. Edwards said there will not be any federal funds available.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported the first new rescue unit has been delivered and the second unit will be received shortly. Mr. Beddow said the units will be placed into service upon installation of the radio and telephone. Mr. Beddow said once the units are in operation they will proceed with transferring the one (1) unit to the charity organization as approved on March 20, 2001. Mr. Beddow explained Mr. Greg Beauchamp had prepared a release to absolve any liability for the county with the donated rescue unit.
Mr. Beddow said once a list of the fire trucks that are going to be donated to Levy County by Marion County is received a determination will be made if there will be an excess vehicle to donate to the group.
Mr. Beddow reported the heart monitor has been ordered.
Mr. Beddow said he is researching a bar code system for tracking medical supplies more efficiently and will be reporting further on his findings.
UNION
Mr. Beddow said they have had a successful informal discussion with the new union representatives for EMT’s and paramedics.
MUNICIPALITIES
Mr. Beddow reported he met with Mr. Earl Cannon, City Manager of the City of Chiefland concerning the possibility of new space for an additional rescue unit if the city proceeds with plans to purchase land to expand their Police Department, Fire Station and other city departments.
SALARY AND WAGES
Mr. Beddow presented a recommendation for an increase in salaries for the paramedics and EMT’s. Mr. Beddow said his research of comparative pay from the surrounding counties reflects the need for an increase in salaries. Mr. Lambka requested the opportunity to discuss the recommended salary increases with Mr. Beddow prior to any action taken. Comm. Rooks said the issue has been discussed previously and if action is taken prior to the negotiation of the union contract it will be reflected in the union requests. Chairman Yearty requested Mr. Lambka to review the information with Mr. Beddow and present his findings at the next regular meeting.
GRANTS
Chairman Yearty called the first public hearing to order for the purpose of discussing the Community Development Block Grant (CDBG).
Mrs. McQueen said the purpose of the Citizen’s Advisory Task Force (CATF) is to obtain citizen’s participation to determine objectives and increase the exchange of information with the local government to assist the low and moderate income residents.
Mrs. McQueen explained the four (4) types of CDBG grants available as:
- Housing - CDBG- funding for conducting Housing rehabilitation, relocation, removal or new construction activities for eligible low and moderate income residents.
- Commercial Revitalization - CDBG - funding for improvements of downtown commercial districts to promote business and requires a participating party.
- Economic Development - CDBG - funding on a 50/50 public and private investment development project designed to generate business activity through the creation of new jobs.
- Neighborhood Revitalization - CDBG - funding for a variety of neighborhood improvement projects that may include utility and drainage, paving, sidewalks, lighting, fire protection, removal of architectural barriers and other neighborhood and community development or improvement projects to prevent continued deterioration, crime, health and safety problems for low and moderate income residents.
Mrs. McQueen explained the CDBG grant must meet one of three National Objectives and the State of Florida has determined only one of the National Objectives may be used. Mrs. McQueen said the accepted National Objective is to meet the 51% of low and moderate income criteria, which would require this percentage of residents in any area selected for a Neighborhood Revitalization project. Mrs. McQueen said the CDBG grants are based on a points rating system and if awarded would be eligible for a grant not to exceed $750,000.00.
Chairman Yearty called for public comments. Mr. Ron Grant, and Mr. Leo Flynn commented on the extent of the state’s control on awarding the grant and federal requirements. Mr. Walt McJordan, Chairman of the CATF said the hiring of a WAGES person would provide additional points on the grant application and the amount of the grant would outweigh the individual salary.
Comm. Parker moved to approve the second public hearing for April 17, 2001 at 10:30 a.m.. Comm. Rooks seconded and the MOTION CARRIED.
Chairman Yearty closed the public hearing on the CDBG grant application.
AGENCIES
Mr. Fred Moody advised a procedure must be established to allow an agency to collect from the "Choose Life" license plates as requested by Tri-County Pregnancy Center. Mr. Moody said an advertisement will be placed in the local newspapers and then the agency will need to send a formal written request to the County Administrator requesting the funds and then action may be taken to award the funds to an eligible agency.
JAIL
Mr. Moody presented an Addendum to Sewer Plant Utility Contract with Gulf Coast Utilities, Inc. who performs on-site operations at the jail. Mr. Moody explained the original contract written in 1989 allowed for three (3) on-site operations per week for a sum of $400.00 per month and recently the Department of Environmental Protection (DEP) has increased the requirements to on-site operations five (5) days per week plus once each weekend requiring an increase in the contract to $700.00 per month. Mr. Moody said this requirement is being met by Gulf Coast Utilities, Inc. and the contract needs to be amended to allow payment of services rendered for the past two (2) months and for future services. Comm. Stevens moved to pay the additional $600.00 with proper submission of invoice for the last two (2) months to Gulf Coast Utilities, Inc. and to approve the Addendum to Sewer Plant Utility Contract. Comm. Parker seconded and the MOTION CARRIED.
LIBRARY
Mr. Moody presented a request to upgrade the software purchased from SIRSI to the UnicornOASIS program from the Unicorn QuikStart program for an additional $14,756.00. Mr. Moody explained grant funds are available to allow the upgrade and this will allow each library to customize their online cataloging services to meet the needs of their local patrons. Mr. Moody said the total cost of the software with the upgrade including additional licenses and training will be $84,696.00. Comm. Stevens moved to approve the request to upgrade the software program. Comm. Rooks seconded and the MOTION CARRIED.
JAIL
Mr. Lambka said Jacobs Facilities, Inc. has responded to the request for a quote on construction to expand the jail facility and will prepare a study for approximately $8,000.00. Mr. Lambka explained that further study is proceeding on the costs for a jail expansion.
BIDS
Mr. Lambka said the inspection of the roof at the jail will require complete removal of the shingles and tar paper to repair any wood rot and requested authorization to issue an Invitation to Bid for a new roof covering for the jail. Comm. Stevens moved to approve the Invitation to Bid. Comm. Parker seconded and the MOTION CARRIED.
LEASES AND RENTALS
Mr. Lambka said the lease agreement with USDA is being reviewed to determine the costs for square footage and the services provided and the information to renew the lease with USDA will be provided shortly.
COUNTY EMPLOYEES
Mr. Lambka presented a request for an Assistant County Administrator to be available to assist with the responsibilities of the Administrative Office. Mr. Lambka said he was preparing a job description and recommended Mr. Fred Moody for the position. Chairman Yearty explained the placing of Mr. Moody in this position would leave a vacancy in the Code Enforcement position. Comm. Parker moved to promote Mr. Moody to the position of Assistant County Administrator. Comm. Rooks seconded and the MOTION CARRIED.
JAIL
Chairman Yearty requested Mr. Lambka to identify sources of funding for the proposed jail expansion. Comm. Stevens advised the jail is owned by the County and all transactions should be coordinated through the County Commission Office.
ROAD CLOSING
Mr. Greg Beauchamp presented a resolution for a proposed road closing requested by Geraldine Ross and Nolan Hunt to vacate that portion of a public road located at:
That portion of NW 56th Street lying between Lots 5 and 6, Country Walk Estate
and the public hearing to be scheduled May 8, 2001 at 10:30 a.m..
Comm. Rooks moved to approve the resolution for the proposed road closing. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Beauchamp explained a proposed road closing requested by James F. and Terri Dewey had been postponed pending a response from Mr. Droney an adjacent land owner advising he was not in opposition of the road closing and to post the road with a larger sign. Mr. Beauchamp said Mr. Droney had responded and the public hearing could proceed with the posting of the road and scheduling the public hearing. Comm. Rooks moved to reschedule the public hearing for the proposed road closing for May 8, 2001 at 10:30 a.m.. Comm. Stevens seconded and the MOTION CARRIED.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp presented a request for approval of the following to the conflict attorney list:
Vera L. Page
Comm. Rooks moved to appoint Ms. Page to the conflict attorney list. Comm. Stevens seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Comm. Foley explained there is a 133' portion of LCR 206 (NW 120th Street) which connects LCR 341 and US 19/98 which needs resurfacing and recommends allowing Anderson Columbia Co., Inc. to pave the portion for $2,250.00. Comm. Foley said Mr. Watson inspected the site and the cost to use county equipment, employees and purchase asphalt would exceed the estimate submitted by Anderson Columbia Co., Inc. who is resurfacing US 19/98. Comm. Foley moved to approve Anderson Columbia Co., Inc. to resurface that portion of LCR 206 (NW 120th Street) for a cost of $2,250.00. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Foley recommended setting the cut off date for the agenda to Wednesday to allow the County Administrator and Department Heads an opportunity to research and/or resolve issues scheduled on the agenda.
Mr. Lambka suggested allowing the Department Heads to present their reports first and allow them to return to their duties.
Comm. Rooks moved to amend the cut off date for the agenda to the Wednesday prior to the meeting date. Comm. Stevens seconded. Mr. Danny Shipp recommended cross referencing the agenda tabs with the agenda and the MOTION CARRIED.
MISCELLANEOUS
Mr. David Bibby and Mr. Leo Flynn commended the Commission on the selection of Mr. Lambka as County Administrator.
Mr. Earl Cannon said the postponement of action for a charter government and hiring Mr. Lambka will allow for more intergovernmental coordination and allow the Commission to attend the business of the county.
ROADS, STATE
Mr. Jeff Kramer with the Center for Urban Transportation Research (CUTR) presented a review of the study the created for the US 19 corridor from Chiefland to Fanning Springs. Mr. Kramer explained the FDOT supports the joint cooperation of the two (2) municipalities with the county to study and consider development for access management of the corridor.
Ms. Krista Kelly explained the Department of Community Affairs (DCA) awarded a grant for the study with the support of FDOT and are proposing a joint resolution which will allow an on going study of the corridor and will allow appointment of a committee to oversee the development of access management standards. Comm. Rooks moved to approve the resolution for the US 19 strategy. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Howard Cook suggested including the US 27 corridor.
COUNTY EMPLOYEES
Chairman Yearty explained Mr. Lambka agreed that he will work at the pleasure of the Board for an annual salary of $52,000.00. Comm. Rooks moved to approve the agreement for the County Administrator to work at the pleasure of the board for an annual salary of $52,000.00. Comm. Parker seconded and the MOTION CARRIED.
PROPERTY APPRAISER
Mr. Francis Akins said the Property Appraiser’s Office still required additional room and appreciated all efforts to alleviate the space problem.
ROAD AND BRIDGE DEPARTMENT
Chairman Yearty said there will be further discussion on the possible relocation of the Road Department at the next regular meeting.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court