REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 8, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on May 8, 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. 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. George Lambka 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: 29883 - 30181
GENERAL FUND $734,960.82
ROAD & BRIDGE FUND 57,053.07
LOCAL HOUSING ASSISTANCE 16,710.00
LIBRARY 26,221.59
MEDIATION 250.00
COURT SERVICES 17,256.57
E911 COMMUNICATIONS 20,632.48
LANDFILL & RECYCLING 9,592.57
COURT FACILITIES 2,457.71
FLORIDA POWER GRANT FUND 564.22
EMERGENCY MEDICAL SERVICE 44,357.30
FIRE CONTROL 18,418.67
JUDICIAL GRANT 15,811.48
COMMUNICATIONS 139.00
UTILITIES FUND 1,978.04
TOTAL $966,403.52
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of April 17, 2001 and the special meeting of April 20, 2001. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin opened the following bids for a vehicle for the Parks and Recreation Department.
Scoggins Chev. Olds., Buick, Inc.
(No Trade In) $19,600.00
(Trade In) $18,800.00
White Ford Co., Inc. $18,412.70
Chairman Yearty appointed Mr. Fred Moody, Mr. Wayne Hardee, Mr. Bennie Jerrels to review the bids and to report on their findings.
COUNTY EMPLOYEES
Mr. George Lambka recommended reclassifying Mr. Jimmie Jerrels from Assistant Road Construction Superintendent to Coordinator for Devil’s Hammock. Mr. Lambka explained that Mr. Jerrels has been working in the Devil’s Hammock area and the reclassification would reflect his current duties. Comm. Rooks moved to approve the reclassification of Mr. Jimmie Jerrels to coordinator for Devil’s Hammock. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Lambka advised Mr. Jessie Durrance has been handling the duties of Assistant Road Construction Superintendent and recommended reclassifying him to this position officially and to provide an increase in salary to $30,000.00 annually. Mr. Lambka explained Mr. Durrance is currently classified as a Construction Foreman at $28,500.00 annually. Comm. Rooks moved to reclassify Mr. Durrance to Assistant Road Construction Superintendent for an annual salary of $30,000.00. Comm. Stevens seconded. Mr. Lambka explained he had met personally with the employees and they had accepted the positions as recommended and the MOTION CARRIED.
Mr. Lambka recommended creating a position for a Maintenance Worker I to assist Mr. Jerrels at Devil’s Hammock. Mr. Lambka explained Mr. Jerrels is currently operating heavy equipment and performing maintenance in Devil’s Hammock and the position would provide assistance to perform these duties and provide a needed safety factor for the employees. Mr. Lambka said it would not be feasible to transfer an employee from the Road Department since that action would leave the Road Department under staffed and there are funds budgeted for the position. Comm. Rooks moved to create the position for a Maintenance Worker I at a rate of $8.07 per hour at Devil’s Hammock and properly post and advertise to fill the position. Comm. Stevens seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Lambka reported on the current medical condition of Comm. Parker’s son.
EQUIPMENT
Mr. Lambka said the surplus ambulance is in the process of being transferred to the ownership to Deity Missionaries and the surplus fire truck should be transferred in the near future.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported the EMS Run Report and Billing program has been installed and training will be completed shortly.
UNION
Mr. Beddow said the International Association of Fire Fighters, IAFF Local #4069 have completed their contract and it will be submitted for the commencement of negotiations.
SALARY AND WAGES
Mr. Beddow recommended an increase in salaries for part-time EMT’s and Paramedics as follows:
Part-Time EMT $5.15 to $5.50
Part-Time Paramedics $5.98 to $8.00
Mr. Beddow explained the salary increases for part-time employees will allow competitiveness in obtaining trained employees. Mr. Beddow said the salary for part-time Paramedics is $.75 per hour higher than full time employees, but part-time employees do not receive benefits and will allow for a decrease in over time costs. Comm. Rooks moved to approve the salary increases as recommended with the an effective date of May 5, 2001. Comm. Stevens seconded and the MOTION CARRIED.
AUDITS
Mr. Beddow said the auditor has advised the uncollected fees for ambulance service should be written off. Mr. Beddow explained there is a collection rate of approximately 65% to 70% but some fees are uncollectible. Mr. Beddow presented the following amounts to be written off as uncollected.
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Comm. Stevens moved to write off the uncollected ambulance fees from Emergency Medical Services. Comm. Rooks seconded and the MOTION CARRIED.
COMMISSIONERS
Mrs. Martin presented a request from the City, County and Local Government Law Section of the Florida Bar to adopt a proclamation recognizing May as Civility Month. Comm. Stevens moved to adopt the proclamation recognizing the month of May as Civility Month. Comm. Rooks seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Tom Reitz requested authorization to create a full time position for a Library Administrative Assistant II to assist in the general office help for the library system and provide technical support to the director at an annual salary range of $17,326.00 to $25,989.00.
Comm. Rooks moved to approve the request to create a full time position of Library Administrative Assistant II. Comm. Foley seconded. Comm. Stevens questioned the need for a full time employee and if the position could be part time. Mr. Beauchamp said the position would not be exempt from the union contract and should be properly posted and advertised. Mr. Lambka said a full time position is needed to allow for the day to day business of operating 5 public libraries and the MOTION CARRIED with Comm. Stevens voting NO.
Mr. Reitz explained the interviews for the Summer Reading Program Coordinator were held with Mr. Reitz and Ms. Norene Andrews as the screening committee. Mr. Reitz said after interviewing the candidates the committee recommended Dian S. Thompson for the position. Comm. Stevens moved to approve the hiring of Dian S. Thompson as the Summer Reading Program Coordinator. Comm. Rooks seconded and the MOTION CARRIED.
LIBRARY
Comm. Stevens said Mrs. Toni Collins has resigned from the Library Advisory Board and he will be recommending Mrs. Mary Jane Rutland, if she will accept the position. Comm. Stevens said he will be asking Mrs. Rutland to attend the next Library Advisory Board meeting.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for road paving:
LCR 173 known as NE 172nd Court to Alt. 27 from the entrance of Holy Family Catholic Church for a distance of approximately 300 feet with a recommendation to widen the roadway from the existing 25 feet to an additional 50 feet and widening the turning radius at Alt. 27 onto NE 172nd Court as a safety precaution.
Comm. Stevens recommended extending the paving to the sharp curve for a total of 660 feet. Mr. Watson said there are approximately 350 members with two (2) services on Sunday which does create a traffic problem. Chairman Yearty approved Mr. Watson of contacting Mills Engineering, the county engineer to survey the site and submit Mr. Watson’s recommendation. Mr. Lambka said the church is requesting authorization from the bishop to donate the additional requested right-of-way.
Mr. Watson presented the following requests for maintenance on a one (1) time basis:
NE 66th Place located in Bronson Heights requiring ten (10) loads of rock and grading, with a 50' dedicated right-of-way, beginning at NE 67th Street and ending at NE 105th Avenue for an estimated cost of $1,500.00.
Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NW 113th Avenue, trimming of limbs hitting school buses.
Comm. Rooks moved to approve the request for trimming. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Watson presented the following request for acceptance into the maintenance system:
NE 2nd Place beginning at LCR 529 and ending a distance of 2,250 feet on NE 2nd Place, to allow for a bus route. The four (4) property owners have been contacted and will sign right-of-way deeds.
Comm. Rooks moved to approve acceptance into the maintenance system subject to the receipt of all right-of-way deeds from the property owners. Comm. Stevens seconded. Comm. Stevens recommended removal of the posted sign and installation of a sign reflecting the end of county maintenance and the MOTION CARRIED.
NE 102nd Avenue (Bitter Blue Road); NE 102nd Place (Floratam Street); NE 100th Lane (Bitter Blue Road); NE 104th Street (Bermuda Lane) and NE 109th Avenue (Bahaia Drive) located in Bronze-Sun Acres for a distance of 1.66 miles(8,750') with 31 residences and 50' right-of-way, subject to deeded right-of-ways from all property owners.
Comm. Rooks moved to accept into the maintenance system subject to obtaining all right-of-way deeds. Comm. Stevens seconded and the MOTION CARRIED.
GRANTS
Mr. Watson requested authorization to submit the grant application for the Small County Road Assistance Program which allow 100% reimbursement for resurfacing and reconstruction only for the following roads:
CR 326 beginning at SE Hwy. 337 continuing East to the Marion County Line for resurfacing.
CR 322 beginning at US 41 and ending at the dead end of the road for resurfacing.
Mr. Watson explained these roads had been submitted on the last grant application and did not receive funding. Comm. Stevens moved to approve submission of CR 326 and CR 322 for the Small County Road Assistance Program grant. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Rooks requested Mr. Watson to research into the availability of grants to resurface a portion of LCR 345 to SR 24.
AGENCIES
Ms. Gwen Kessler of Community Health Charities advised a Tri-County community charity is being formed with support from local businesses and government entities. Ms. Kessler said this would allow for a local campaign through payroll deduction programs to support local projects such as Hospice, LARC, Tri-County Outreach, Another Way, The Children’s Table, the Nature Coast Senior Citizen program and other local organizations. Ms. Kessler said the organizations would have to apply for funding and the administrative fee of 10% would be for the distribution of the funds to approved organizations, brochures and other administrative needs.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:
Cecile Sealander to purchase a home located Lot 5 and West 40' of Lot 6, Block 66, Chiefland Development Company for $10,450.00.
Comm. Foley moved to approve the Deferred Payment Loan Agreement for Cecile Sealander. Comm. Stevens seconded and the MOTION CARRIED.
GRANTS
Mrs. McQueen said the Community Development Block Grant (CDBG) has been submitted to the Department of Community Affairs (DCA) and there are approximately 30 applications for neighborhood revitalization grants.
ROADS, COUNTY
Mr. Otis Green inquired on the current status of the roads in East Williston he had requested for placement on the paving list. Comm. Stevens advised roads in Pinehurst Subdivision have been placed on the paving list. Comm. Stevens said he would meet with Mr. Green and determine his areas of concern for road paving and installation of sidewalks. Mr. Green expressed his concern of cars speeding through the school zone and of the need to have deputy at the location as a deterrent to speeders.
ZONING
Mr. Rob Corbitt presented the following request for a Hardship Variance:
Mrs. Susie Bennett, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her granddaughter, Zelda N. Brown to care for her on a parcel of land located in the E ½ of the NE 1/4 of the NW 1/4 , Lot 4, in Section 27, Township 12S, Range 18E, in Levy County. Said parcel contains 3.48 acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone. The 911 Address is 16470 NE 60th Street, Williston.
Mr. Corbitt explained the property has previously been divided by the land development ordinance allowing for lineal heir subdividing of certain tracts of land located is specific zoning districts. Mr. Corbitt said letters or telephone calls of opposition had been received from Mr. And Mrs. Smith Dickey and Mrs. Taylor. Mr. Corbitt added the legal access is not currently used to access the property and that access is obtained by using a route over Mrs. Bennett’s father’s property or an easement adjoining the Taylor’s property.
Mr. Smith Dickey said he was opposed to the approval of the hardship variance as the petitioner is currently not using her legal access to the property, trespassing to access the property, the surrounding area has constructed homes and the addition of another mobile home in the area would affect property values.
Mr. Corbitt said he did not have knowledge of any deed restrictions as this was not a platted subdivision.
Mrs. Odessa Dickey said there were family members already living around the petitioner.
Comm. Rooks requested Mr. Corbitt to review the application and determine if surrounding family members could assist with the petitioner’s care giving or if a care giver could reside with the petitioner.
Chairman Yearty explained a Hardship Variance is only allowed for the period of time the hardship exists and any residence moved onto the property for a hardship variance must be removed within sixty (60) days after the hardship ceases. Comm. Stevens moved to table any action on the petition for a hardship variance to allow Mr. Corbitt to investigate if another dwelling is necessary. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Virgil Settle requested an extension to January, 2002 for the plat of Sycamore Acres Subdivision. Mr. Settle explained there were delays from requests made by Southwest Florida Water Management which may involve modifications to the plat. Mr. Corbitt said he was not familiar with the delays but did not have an objection to an extension. Comm. Foley moved to grant an extension to January 15, 2002. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Settle said Southwest Florida Water Management was requesting a retention pond in the platted area and he was considering removing four (4) or more acres from the plat. Chairman Yearty advised Mr. Settle that any modifications to the approved plat must be processed through the Development Department and meet all guidelines. Mr. Greg Beauchamp said a modification in the plat will require a new review by the plat review committee. Mr. Corbitt explained a plat modification would be required to go through the Planning Commission and follow all other required procedures.
ROAD CLOSINGS
Mr. Beauchamp read the description for a proposed road closing located at:
That portion of NW 56th Street lying between Lots 5 and 6, Country Walk Estate, as per plat in the public records of Levy County, Florida, per a request from Geraldine Ross and Nolan Hunt.
Mr. Roy Ross, Mr. Nolan Hunt and Mrs. Geraldine Ross said they were requesting the road closing to reduce excessive traffic, traveling at high rates of speed, littering and vandalism. Mr. Hunt presented copies of letters of opposition and addressed the comments. Mr. Hunt reviewed the plat and indicated no property would be landlocked.
Mr. Watson explained the roads in Country Walk 2 were dedicated to the public and it was a MSTU.
Mr. Franklin Gollihue, Mrs. Virginia Gollihue, Mrs. Nellie Hudson, Mrs. Levetta Justice, Mr. William Taylor and Mr. Joe Cano expressed opposition to the road closing indicating the road was used for access to and from their properties and would close an access for emergency and rescue vehicles.
Comm. Rooks explained there had been cases of vandalism and possible code enforcement violations reported.
Mr. Corbitt said the report of code violations had not been investigated pending the results of the proposed road closing. Mr. Fred Moody said the allegation of a business operating showed there was not a business operating at the property but a tow truck that went to other sites to perform repairs.
Mrs. Roberta Pickard said it appeared if the right-of-way was owned by the property owners requesting the road closing then it should be approved.
Comm. Foley explained the right-of-way was dedicated to the public.
Comm. Rooks said the private property sign should be removed as it was improperly placed and signs could be erected for speed zones and a civil action would be the proper course for the allegations that had been made of harassment and vandalism.
Comm. Rooks moved to close that portion of NW 56th Street lying between Lots 5 and 6 in Country Walk Estate. THE MOTION DIED FOR LACK OF A SECOND.
Comm. Stevens moved to deny the request for the road closing, have the Road Department to erect speed limit signs, remove the posted private property sign and for all other complaints to be addressed by appropriate civil remedy. Comm. Foley seconded and the MOTION CARRIED.
Mr. Beauchamp presented for final consideration the resolution for closing the following road:
All of Moorehaven Drive, NE 11th Avenue in University Oaks subdivision as per plat thereof recorded in the public records of Levy County, Florida.
Mr. Beauchamp explained this hearing had previously been heard and a response from the adjacent landowner, Mr. Paul Droney was requested prior to any action being taken. Comm. Rooks said a response in favor of the road closing was received from Mr. Droney. Mrs. Terri Dewey said they were requesting the road closing as they own all of the property on one side of the road and Mr. Droney owns the other adjacent land. Mrs. Dewey explained there were two (2) adjacent roads to allow egress and ingress and this was considered a short cut. Comm. Rooks moved to close Moorehaven Drive, NE 11th Avenue in University Oaks subdivision. Comm. Stevens seconded and the MOTION CARRIED.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp presented a request for appointment to the conflict attorney list for:
Barbara Blount-Powell
Comm. Rooks moved to approve Barbara Blount-Powell to the conflict attorney list. Comm. Stevens seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Beauchamp presented a resolution to allow the accumulated "911" fees for the fiscal year of 2001 be carried forward to allow for purchase of capital improvements as described in Section 365.171(13), Florida Statutes. Mr. Beauchamp explained this action will need to be taken on an annual basis. Comm. Rooks moved to approve the resolution to carry forward the accumulated "911" fees. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY LAND
Mr. Beauchamp explained the deed for lots 1,4,5,6,7 and 8 located in Cherry Hill subdivision donated by Mr. John Hart of Hart Construction Company at the end of 1999 was not recorded and resulted in the lands being listed under Mr. Hart’s name on the unpaid tax roll recently published. Mr. Beauchamp said a new deed had been prepared.
Mr. John Hart said he valued his reputation and credibility and did not want an impression that he did not pay his taxes.
BIDS
Mr. Fred Moody reported the bids for the vehicle for the Parks and Recreation Department had been reviewed and the committee recommended acceptance of the low bid from White Ford Co., Inc. for $18,412.70. Mr. Moody said the vehicle which was available for trade in will be transferred to the Road Department. Comm. Rooks moved to accept the low bid from White Ford Co., Inc.. Comm. Stevens seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Earl Cannon said it appeared the City of Chiefland would receive the recreation grant of $133,000.00 if it was not deleted by the Governor.
Mr. Cannon explained the City of Chiefland was applying for a historic grant for restoration of the depot and the city was asking for a letter of support.
Mr. Cannon requested placing Park Avenue from US 27 Alt. to the new Post Office site on the paving list for resurfacing. Mr. Cannon said the road was damaged by a freeze and with the relocating of the Post Office the amount of traffic will increase.
Comm. Rooks moved to approve a letter of support for the historic grant application for restoring the depot in Chiefland. Comm. Stevens seconded and the MOTION CARRIED. Chairman Yearty requested Mr. Lambka to send the letter of support to the City of Chiefland.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court