REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

April 17, 2001

 The Regular Meeting of the Board of Levy County Commissioners was held on April 17, 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 Mr. Justin Watson followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

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

 FUND                                                               AMOUNT
 CHECK NUMBERS: 29652 - 29882

 

 GENERAL FUND                                     $431,466.14

 ROAD & BRIDGE FUND                           129,247.89

 LOCAL HOUSING ASSISTANCE                 8,394.36

 LIBRARY                                                           7,975.24

 MEDIATION                                                           50.00

 COURT SERVICES                                      15,193.22

 E911 COMMUNICATIONS                                  54.00

 LANDFILL & RECYCLING                           85,301.14

 COURT FACILITIES                                           419.99

 FLORIDA POWER GRANT FUND                5,540.91

 EMERGENCY MEDICAL SERVICE          34,961.64

 LOCAL LAW ENF BLOCK GRANT              1,283.52

 LOCAL CRIMINAL JUSTICE TR                 38,869.24

 FIRE CONTROL                                            46,992.42

 JUDICIAL GRANT                                              692.72

 CDBG GRANT                                                 3,300.00

 DRUG TASK FORCE                                        191.67

 ADD REV BOND DEBT SERVICE              1,478.64

 UTILITIES FUND                                           19,041.35

 MSTU-RAINBOW LAKES ESTATES           3,700.90

 

                                                        TOTAL $834,154.99

 

 MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of April 3, 2001. Comm. Rooks seconded and the MOTION CARRIED.

 BIDS

Ms. Heather Alexander opened the following bids submitted for replacing the roofing on the jail:

Mac Johnson Roofing, Inc. $109,000.00

Will deduct $1,000.00 for disposal of waste consisting of truck to haul and dump fees. Deduct $5,000.00 if county provides the materials. Any woodwork is additional, labor at $25.00 per hour plus material.

C. W. Strickland, Inc. $$142,500.00

Will deduct $7,500.00 if county provides materials. Will allow for 20 sheets of plywood, additional plywood will be cost of material plus $25.00 per hour.

Chairman Yearty appointed Mr. George Lambka, Mr. Fred Moody, Mr. Bobby McCallum and Mr. Rob Corbitt to review the bid specifications and provide a recommendation. Chairman Yearty explained a special meeting will be held if requested by the committee to allow for the approval of a bid and the commencement of work.

 LEASES AND RENTALS

Mr. Lambka reported the lease has been renegotiated with Mr. Douglas Maddox of the United States Department of Agriculture for the Consolidated Farm Service Agency office space at the Agriculture Building. Mr. Lambka said the rent has been increased from $7.50 per square foot to $11.65 per square foot for five (5) years with an option on renewing. Comm. Parker moved to approve the lease agreement and authorize the Chairman to execute the lease agreement. Comm. Stevens seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Lambka requested discussion on the job description of Assistant County Administrator and commensurate salary and the job description of the Code Enforcement Officer as a non-agenda item. Comm. Rooks moved to discuss the non-agenda items of job descriptions for Assistant County Administrator and Code Enforcement Officer and salary recommendation for the Assistant County Administrator. Comm. Stevens seconded and the MOTION CARRIED UNANIMOUSLY.

Mr. Lambka presented the job description for the Assistant County Administrator with a recommended salary of $32,000.00 annually for Mr. Fred Moody who was approved as Assistant County Administrator at the regular meeting of April 3, 2001. Comm. Rooks moved to approve the job description for Assistant County Administrator with an annual salary of $32,000.00. Comm. Parker seconded and the MOTION CARRIED.

Mr. David Bibby requested a roll call on the approval of discussing the non-agenda items. Comm. Rooks, Comm. Stevens, Chairman Yearty, Comm. Foley and Comm. Parker voted AYE.

Mr. Lambka presented the job description for the Code Enforcement Officer and recommended placing the position under the supervision of Mr. Rob Corbitt in the Building and Zoning Department. Mr. Lambka explained the position requires interpreting and enforcing ordinances relating to zoning requirements. Comm. Rooks moved to approve the recommended job description for the Code Enforcement Officer and for the position to be supervised and located in the Building and Zoning Department. Mr. Lambka said the position would be a union position and would be posted and advertised in accordance with proper procedures. Comm. Parker moved to properly post and advertise in accordance with union procedures, the position of Code Enforcement Officer with the salary to be established based on the experience of the applicant. Comm. Stevens seconded and the MOTION CARRIED.

 TAX ROLL

Mr. Fred Moody presented the following Certificate of Correction of Non-Ad Valorem Assessment Roll:

Eliza Holmes, a dwelling located at 1851 NE Hwy. 27 Alternate . The inspection revealed the dwelling is not livable and hazardous due to floor and ceiling damage.

Comm. Foley moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Parker seconded and the MOTION CARRIED.

 ANIMAL CONTROL

Mr. Moody advised that a meeting had been held with the Animal Control officers concerning the complaint of nuisance dogs and the request for a leash law by citizens at the April 3, 2001 meeting and the situation is being controlled.

 EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow reported the second rescue unit will be received today and the first rescue unit purchased this year will be placed in service within the next week which will allow for more efficient coverage for rescue response.

 UNION

Mr. Beddow said the union for the paramedics and EMT’s is ratifying their requests and a committee will need to be appointed to begin union negotiations.

 SALARY AND WAGES

Mr. Beddow recommended an increase in salary for the paramedics and EMT’s to allow their salaries to be more competitive with surrounding counties. Mr. Beddow said the current salary range is the lowest in the area. Mr. Lambka explained the union representatives had agreed to adjust their requests with the approval of an increase in salaries. Comm. Rooks moved to approve a $.75 per hour increase for all paramedic’s and EMT’s. Comm. Stevens seconded and the MOTION CARRIED.

 EMERGENCY MEDICAL SERVICES

Mr. Beddow reported that training for the EMS Run Reports and Billing program will be held May, 8, 9, 10 and be in operation within the month.

 INSURANCE

Ms. Alexander reported on an adjustment in the health insurance premiums with Healthplan SouthEast. Ms. Alexander said with the county no longer using an agent the premiums were adjusted as follows:

Individual Coverage adjusted from $186.09 to $180.75, a savings of $5.34 per covered employee each month.

Family Coverage adjusted from $95.00 to $480.82, a savings of $14.18 per covered employee each month.

Comm. Parker moved to approve the rate adjustments for the health insurance premiums. Comm. Stevens seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

Mr. Justin Watson presented the following requests for placement on the paving list:

LCR 117 known as NE 100th Street, for a distance of 2.0 miles with dedicated right of way. Beginning at NE 130th Avenue and continuing through to C-241.

Mr. Watson said the request is to prioritize the street on the paving list due to the poor condition of the road and the extensive maintenance required. Mr. Watson explained Alachua county was not willing to assist in the paving project. Comm. Parker said the traffic count is comparable to other roads and there is a special need to prioritize for a resident who has a serious medical condition. Comm. Parker requested LCR 117 (NE 100th Street) be placed on a priority paving basis to follow LCR 104. Comm. Stevens seconded and the MOTION CARRIED.

LCR 513 known as NE 211 Court, NE 41st Street, NE 215th Avenue a/k/a Second Avenue and Mae Street; LCR 514 known as NE 40th Place a/k/a First Avenue; and LCR 515 known as NE 213th Street a/k/a John Lewis Street located in Pinehurst Subdivision with a variance of dedicated right-of-ways of 40 feet, 45 feet and 50 feet. The permits for paving have been approved by Southwest Florida Water Management.

Comm. Stevens moved to add LCR 513, LCR 514 and LCR 515 to the paving list. Comm. Rooks seconded and the MOTION CARRIED.

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

NE 100th Court located in Bronson Heights beginning at NE 69th Place and ending NE 74th Place, with 13 residences, for a distance of 0.5 miles 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.

NE 110th Avenue located in Bronson Heights beginning at NE 71st Street and ending at NE 80th Street, for grading only, as an access to C-335 at an estimated cost $134.00.

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

NE 85th Street located in Forest Park Unit 2, beginning at NE 118th Terrace and ending at NE 110th Avenue, for a distance of one (1) mile, requiring two (2) loads of rock and grading, at an estimated cost of $300.00.

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

NE 87th Place located in University Estates, beginning at NE 105th Avenue and ending at NE 107th Court, requiring 15 loads of rock and grading, at an estimated cost of $2,250.00.

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

Mr. Watson presented the following request for acceptance into the maintenance system:

SE 59th Place a/k/a Sparky Drive located in Whispering Pines, for a distance of 2,572 feet, with 50 feet dedicated right-of-way and six (6) residences.

Comm. Parker moved to approve the request for placement into the maintenance system. Comm. Stevens seconded and the MOTION CARRIED.

 GRANTS

Mr. Watson requested approval to submit an application for a Highway Safety Grant with the Department of Transportation (DOT) to apply for funds in the amount of $35,000.00 to update the Sign Maintenance Shop by adding a Computerized Traffic Graphics System. The grant funds will be at 100% and is for highway safety projects. Comm. Rooks moved to approve the request to submit an application for the Highway Safety Grant and to authorize the chairman to sign the application. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson requested approval to submit a grant application for the Small County Outreach Program requesting funds to allow limited resurfacing, reconstructing, constructing capacity or safety improvements for CR 341 known as NW 60th Avenue from CR 336 continuing to US Hwy. 19, for a distance of approximately nine (9) miles and will allow for upgrading from the 18 feet lane width to a 22 feet lane width and resurfacing. Mr. Watson explained this project was submitted as an alternate on the last Small County Outreach Program grant and recommended C-343 as an alternate for this grant application. Mr. Watson said the grant will fund 75% of the project cost and require a 25% matching contribution. Comm. Parker moved to approve the submission of the grant application for the Small County Outreach Program. Comm. Stevens seconded and the MOTION CARRIED.

 LANDFILL

Mr. Wayne Hardee advised the Leachate Hauling contract with Gainesville Regional Utilities (GRU) will be expiring and the contract needs to be renewed or extend an Invitation to Bid. Mr. Hardee recommended requesting bids for a more competitive selection of haulers. Comm. Parker moved to extend an Invitation to Bid for the Leachate Hauling contract. Comm. Stevens seconded and the MOTION CARRIED.

 CONTRACTS AND AGREEMENTS

Mr. Hardee presented the agreement with Florida Tire Recycling, Inc. for the waste tire recycling. Mr. Hardee recommended renewing the contract. Mr. Hardee said he did not know of any other vendors available to provide this service. Comm. Stevens moved to renew the contract for waste tire recycling with Florida Tire Recycling, Inc.. Comm. Parker seconded and the MOTION CARRIED.

 RESOLUTIONS

Mrs. Carol McQueen presented a resolution from the City Council of Fanning Springs commending the assistance that has been provided to the City of Fanning Springs for many years.

 SHIP

Mrs. McQueen presented the following Deferred Payment Loan Agreement:

Felino N. Velasquez in the amount of $3,825.00 to purchase a home located at 29 NE 6th Street, Chiefland (Lot 28 and 29, Block 2, Suwannee River Heights).

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

 DEVELOPMENT DEPARTMENT

Mrs. Barbara Clifton expressed her concerns on the inspection procedures of the Development Department and the qualifications of Mr. Rob Corbitt and Mr. Danny Shipp. Mrs. Clifton said she had begun construction of a home in the Chiefland area and was extremely dissatisfied with the building inspections, the contractor, the local financial institution and the electric company for events that make her believe the home is not built to sufficient standards to be livable. Mrs. Clifton said she questioned Mr. Greg Beauchamp’s relationship as attorney for the county, the financial institution and electric company.

Mrs. Mary Saunders said she had contacted the Department of Banking and Finance with her concerns of improprieties with her sister’s building loan by Capital City Bank.

Mr. Mike Martucci said he inspected the home on the behalf of his in-law’s and discussed their problems with the contractor, Mr. Henning Winkel in the use of materials that were not shown on the plans and passed inspection. Mr. Martucci said he questioned the integrity of the building inspector and the department head at the Development Department. Mr. Martucci said it appeared there was collusion with the Development Department, the contractor, the county attorney, the banking institution and the electric company.

Mr. Beauchamp said he could not address any of the issues on the construction of the home. Mr. Beauchamp explained in the normal course of business a conflict of interest rarely appears in his representation of his clients and if a conflict arises he advises his clients to seek other legal counsel.

Chairman Yearty explained these complaints should be addressed to the state and federal agencies who are responsible for regulation and through the judicial system. Chairman Yearty said appropriate action would be taken, as deemed necessary, if there was wrong doing by a county employee.

Mr. Danny Shipp said the implication of his accepting any consideration when he was building inspector was unwarranted.

Chairman Yearty explained there was no action that could be taken against the contractor or financial institution at a local level and this should be pursued through the appropriate regulatory agencies and if action was needed at the county level it would be addressed upon receipt of a formal complaint from the proper agency.

 GRANTS

Chairman Yearty called the public hearing for the Community Development Block Grant (CDBG) to order.

Mrs. Carol McQueen said the purpose of the public hearing is to receive the recommendations of the Citizen’s Task Force (CATF) and public input prior to proceeding with the grant application.

Mr. Walt McJordan said the CATF was recommending the Neighborhood Revitalization project for the CDBG grant for the first time paving of roads at designated sites that meet the eligibility criteria. Mr. McJordan said the CATF recommended the hiring of a WAGES employee to allow for a greater number of points on future grant applications.

Mrs. McQueen said the recommended sites are:

Service Area #1 - Pinehurst Subdivision -

    1. NE 41st Street, from NE 211th Court to NE 213th Terrace,
    2. NE 213th Terrace, from NE 41st Street to C-318; and
    3. NE 40th Place from NE 211 Court to 150' East of NE 213th Terrace.

Service Area #2 - Woodland Acres Subdivision -

    1. SE 32nd Place, from C-337 to SE 117th Terrace,
    2. SE 35th Street from C-337 to SE 117th Terrace, and
    3. SE 37th Lane from C-337 to SE 117th Terrace.

Mr. Joe Mittauer explained he was the consultant who assisted in the last CDBG program and the grant funds in the neighborhood revitalization will allow for improved drainage systems, grassing, striping, signage with the road paving and reduces the maintenance costs.

Mrs. McQueen said Service Area #1 was the alternate selection from the last CDBG grant cycle and alternate roads have been included if there are funds available to do more projects.

Mr. Ron Grant, Mr. David Bibby and Mr. John King inquired on the extent of the projects, the performance of the CATF and the grant criteria.

Mrs. McQueen explained the Community Development Block Grants are federal funds that are available on a competitive basis for small counties with a population of less than 200,000 and cities with populations of less than 50,000 for up to $750,000.00. Mrs. McQueen advised that additional points can be obtained by agreeing to a leverage/contribution of $150,000.00 which will increase the points to allow the grant application to be more competitive.

Comm. Stevens moved to approve the recommendation of the CATF to pursue the Neighborhood Revitalization CDBG road paving projects with leverage funds of $150,000.00 and for the application to be executed by the Chairman for submission to the State. Comm. Parker seconded and the MOTION CARRIED.

Chairman Yearty closed the public hearing.

 CONTRACTS AND AGREEMENTS

Mr. Beauchamp submitted a management agreement with the Department of Environmental Protection (DEP) for the submerged lands at the pier in Cedar Key. Mr. Beauchamp explained the agreement is renewed for ten (10) years and advises there have been no changes from the last management agreement. Comm. Rooks moved to approve the management agreement for the submerged lands at Cedar Key. Comm. Stevens seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Beauchamp presented the resolution for the Deferred Compensation plan with Annuity Investors Life Insurance Company. Mr. Beauchamp said the County Administrator could be appointed as the plan administrator. Comm. Rooks moved to approve the resolution and appoint the County Administrator as Plan Administrator. Comm. Stevens seconded and the MOTION CARRIED.

 CONTRACTS AND AGREEMENTS

Mr. Beauchamp explained the Town of Bronson has submitted an interlocal agreement for provision of sewer services with the Florida Small Cities Community Development Block Grant (CDBG) and recommended approval with a correction of language in the fourth paragraph. Mr. Jamie Griffin said the application will need to be submitted by the 30th of April, 2001 and the intent of paragraph 4 is for the county to continue operation of the sewer system until the Town of Bronson can assume all of the ongoing operations and maintenance of the sewer infrastructure upon receipt of the grant funds. Comm. Stevens moved to approve the interlocal agreement upon the corrections as described by Mr. Beauchamp. Comm. Rooks seconded and the MOTION CARRIED.

 SUITS

Mr. Beauchamp reported a suit has been filed by a Mr. Bell who was an inmate at the Levy County Jail. Mr. Beauchamp explained a Motion to Dismiss had been filed to have the Board of County Commissioner’s removed from the suit as the suit should be filed against the Sheriff as a constitutional officer.

Mr. Beauchamp said Freebie Landholding, Inc. is intending to file suit for the actions of the Board of Adjustment in denying their request for a Special Exception. Mr. Beauchamp recommended upon formal receipt of the suit, for a decision to determine if the Board should hire other counsel since the issue of a possible conflict of interest has been raised by opponents to the Special Exception. Mr. Beauchamp explained this request for a Special Exception concerned a maintenance shed adjacent to the property previously approved for a Special Exception to operate a sand mine.

 EMERGENCY MEDICAL SERVICES

Comm. Rooks moved to approve an effective date of May 1, 2001, (the date of the first pay period in May, 2001) for the salary increases of the EMT’s and paramedics. Comm. Stevens seconded and the MOTION CARRIED.

 MUNICIPALITIES

Mr. Jamie Griffin requested the use of the pan from the Landfill to level some hills of dirt at the city park. Mr. Griffin said the Town of Bronson would reimburse the costs for using the equipment. Comm. Rooks moved to allow the use of the equipment with reimbursement to the county for expenses. Comm. Stevens seconded and the MOTION CARRIED. Chairman Yearty advised Mr. Griffin to schedule the use of the equipment with Mr. Wayne Hardee.

 COMMUNICATIONS

Mr. David Bibby requested a county web site. Mr. Shipp said the Clerk’s web site is levyclerk.com and links will be set up with other county agencies in the future.

Comm. Rooks advised there is a web site for the Sheriff’s Office.

 MISCELLANEOUS

Mr. Fred Moody said Mr. C. W. Gilbert had requested to be withdrawn from the agenda.

 CONTRACTS AND AGREEMENTS

Mr. Shipp said CommWorld of NC Florida has requested 50% of the contract cost to be paid with the inception of work to install the Fiber Optic Network Cabling from the Bronson Library to the Library Director’s office in the Baker Building. Mr. Shipp explained the terms of the contract agreed to provide the initial payment of $2,505.00. Comm. Parker moved to pay the $2,505.00 (50%) of the contract. Comm. Stevens seconded and the MOTION CARRIED.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                                                                                               W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court