REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
July 17, 2001
The Regular Meeting of the Board of Levy County Commissioners was held on July 21, 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. Parker seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 30994 - 31206
GENERAL FUND $240,232.84
ROAD & BRIDGE FUND 56,987.15
LOCAL HOUSING ASSISTANCE 43,893.80
LIBRARY 38,355.36
PERM MOSQUITO CONTROL 30.00
MEDIATION 300.00
COURT SERVICES 18,201.23
E911 COMMUNICATIONS 66,953.44
LANDFILL & RECYCLING 7,350.40
COURT FACILITIES 99.00
FLORIDA POWER GRANT FUND 315.44
EMERGENCY MEDICAL SERVICE 12,230.04
FIRE CONTROL 23,409.75
EMS GRANT 46,980.00
ST GRANT - JUVENILE JUSTICE 1,235.71
UTILITIES FUND 1,270.33
TOTAL $557,844.49
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of July 3, 2001 and the special meeting of July 10, 2001. Comm. Parker seconded and the MOTION CARRIED.
INSURANCE
Mr. George Lambka presented the group health insurance proposals from Healthplan Southeast and Blue Cross/Blue Shield. Mr. Lambka explained the differences in premiums and coverages between the two (2) health care providers. Sheriff Smith said the Sheriff’s Office has entered into a plan with Blue Cross/Blue Shield for health insurance independently. Sheriff Smith explained the rates provided to the Sheriff’s Office were lower than being included in the group plan. Mrs. Susan Haines explained the comparison formula used to compute the premiums on the loss experience. Mr. Lambka said insurance premiums are continuing to rise.
EQUIPMENT
Mr. Lambka explained he had contacted two (2) auctioneers to dispose of surplus equipment. Mr. Lambka said Mr. Tommy Dean has previously handled the auctions for the surplus equipment but by retaining a professional auctioneer with experience in auctioning heavy equipment and widespread advertising throughout the state and the southeast, would be a benefit in disposing of the surplus equipment. Mr. Lambka said he had contacted Mr. Fetherolf and Mr. Elrod who are professional auctioneers. Mr. Lambka explained Mr. Elrod is experienced in equipment auctions and pays for the advertisement, whereas, Mr. Fetherolf handles mainly estate auctions. Mr. Lambka said he recommended retaining Mr. Elrod who requires 15% of the first $500.00 and 10% percent for thereafter and will advertise the sale inSoutheast Equipment magazine.
Comm. Foley inquired if the fees were based on sales or collections. Mr. Danny Shipp explained the fees would be based on actual sale and would be collected on the day of the sale. Mr. Shipp said a Letter of Credit, cash or cashier’s check would be required.
INSURANCE
Comm. Parker moved to accept the proposal prepared by Gallagher-Bassett for the Blue Cross/Blue Shield health insurance for the Low PPO plan and the HMO plan. Comm. Rooks seconded.
Mr. Lambka said the property and casualty insurance coverage is handled by Gallagher-Bassett and have cooperated in reducing the original quoted premiums for the health insurance. Mrs. Haines explained the differences of the coverages for the Low PPO plan and the HMO plan that was being recommended. Chairman Yearty noted this was a tremendous increase and this should be considered in union negotiations. Chairman Yearty expressed concerned on the amount expenditures being incurred.
Mr. Perry Miller commented on his wife’s medical condition while working for the county and the coverage provided for her on the job injuries. Chairman Yearty indicated the current discussion was concerning health insurance. Mr. Lambka said employees have been dissatisfied with current health care coverage and the benefits and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen presented the following Deferred Payment Loan Agreements for consideration:
Barbara McKeon, Ray’s No. 1, Revised, Block D, NE ‘ly 75' of Lot 13, Inglis, for $9,500.00 to purchase a home.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Charles Andrew Owens, Lot 10, Block 5, B&R Subdivision, Williston, for $9,500.00 to purchase a home.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
Katherine A. Hefner, Lot 1, Block 10, Epperson Heights, 314 NE 3rd Avenue, Williston, for $9,500.00 to purchase a home.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen explained the SHIP funds are received from the state and administered by the Clerk of Court to provide affordable housing for qualified applicants.
Mrs. McQueen presented a Satisfaction of Mortgage for consideration:
Seth R. and Sherry M. Colson for repayment of the remainder of the ten (10) year loan, due to sale of their home.
Comm. Rooks moved to approve and authorization the Chairman to sign the Satisfaction of Mortgage. Comm. Stevens seconded and the MOTION CARRIED.
SUPERVISOR OF ELECTIONS
Mrs. Connie Asbell presented a request to purchase the Global Accu Vote optical scan tabulation system. Mrs. Asbell explained the Global Accu Vote system is certified for the State of Florida and best suits the needs of the citizens. Mrs. Asbell said if the system is purchased now an additional 10% reduction in cost is available, a two (2) year warranty and the ability to make payments in two (2) installments beginning October 1, 2001. Mrs. Asbell said the cost is $218,907.90 with the state providing funds of $157,500.00. Mrs. Asbell said this purchase would be a sole source purchase as this equipment is not available from another vendor, it meets the requirements for reducing voter error, is user friendly for the voters, provides precinct and absentee tabulating, utilizes a single host computer with integrated database, and an uninterruptible power supply.
Mrs. Asbell explained the annual cost of the maintenance agreement would be $6,300.00 for tabulation and $150.00 per counter, and there would be a counter for each precinct. Mrs. Asbell added this equipment would allow for precinct results to be posted at the individual precincts. Comm. Parker moved to purchase the Global Accu Vote system as a single source purchase. Comm. Rooks seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported the State inspection was performed on Friday, July 6, 2001 and the inspector found three (3) deficiencies for corrective action. Mr. Beddow explained two (2) of the deficiencies will be addressed by the medical director, Dr. McCoy upon his return from vacation and notice of compliance of the EVOC Training for five (5) paramedics has been submitted. Mr. Beddow said Emergency Medical Service operations were commended by the state inspector and the paramedics and secretaries should be recognized for this outstanding inspection.
Mr. Beddow said the architectural plans for the Williston EMS station have been submitted by the county engineer for review.
RECYCLING
Mr. Wayne Hardee requested authorization to offer an Invitation to Bid to purchase a forklift for the Recycling Department, using Recycling Education Grant funds. Comm. Parker moved to advertise for an Invitation to Bid to purchase a forklift. Comm. Stevens seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition for a Hardship Variance:
Petition No. HA VA 4-01 – Georgia Seckinger, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her parents, George and Zenna Laws, on a parcel of land located in the E ˝ of the NE 1/4 of the SE 1/4 of the NE 1/4, Parcel No. 04515-004-00, in Section 36, Township 13S, Range 18E and the W ˝ of the NW 1/4 of the SW 1/4 of the NW 1/4, Parcel No. 05258-001-00, in Section 31, Township 13S, Range 19E, in Levy County. Said parcels contain ten (10) acres more or less. This property is located within an Agriculture/Rural Residential “A/RR” zone. The street address is 18850 SE 12th Lane, Williston.
Mr. Corbitt reported all documentation had been presented and no opposition had been received. Mr. George Seckinger explained his sister would be caring for their parents and he was nearby to assist. Chairman Yearty called for opposition and none was presented. Comm. Rooks moved to approve the Hardship Variance. Comm. Parker seconded and the MOTION CARRIED.
ZONING
Mr. Greg Beauchamp said a complaint had been filed by Yvette Carabeo concerning an unsafe structure adjacent to her property being lived in by an elderly lady. Mr. Beauchamp said the structure is in violation of county code. Mr. Beachamp explained the SHIP program has tried to work with the land owner to bring her dwelling into compliance and has not received cooperation. Mr. Beauchamp recommended Comm. Rooks and Mr. Fred Moody meet with the land owner and try to resolve the problem prior to proceeding with action to vacate the property. Mr. Howard Cook and Mrs. Sharon Carter expressed concern of the land owner’s financial status and her desire to live as she does. Mr. Beauchamp said it has been determined the landowner is financially able to improve the property and is qualified for assistance through SHIP program. Comm. Stevens explained county ordinances need to be enforced and efforts are being made to assist in bringing the property into compliance and the landowner is not cooperating.
RESOLUTIONS
Mr. Beauchamp reported Orin and Pheby Jane Ellis had filed for vacation of the utility easements platted on Lots 6 & 7, Section E of Graceland Shores and a resolution needed to be considered for approval. Mr. Beauchamp explained this is not a road closing but an action to allow for the placement of a residence in the center of these two (2) lots and the action does not affect any other landowner. Comm. Stevens moved to adopt the resolution for the vacating of all streets, alleyways and public ways located on Lots 6 & 7, Section E, Graceland Shores. Comm. Rooks seconded and the MOTION CARRIED.
PARKS AND RECREATIONS
Mr. Jimmy Durden said the Girl’s “16 and under” softball team from Bronson and the Girl’s “12 and under” softball team from Chiefland had placed first in the State of Florida and were traveling to North Carolina for the Southeastern Regional Tournament. Mr. Durden said the teams have been raising funds and additional funds were needed for expenses. Comm. Rooks presented a private donation and would designate $500.00 from the recreation funds allocated for her district. Mr. Moody said tournaments were hosted by Bronson and Chiefland and filled all of the hotels in county for an economic benefit. Mr. Earl Cannon asked for other funds to be allocated other than those that have previously been previously allocated to the recreation programs, as these teams were bringing recognition the county and state.
Mr. Durden requested the use of the State of Florida flag from the Commissioner’s Room for the teams to carry at the Regional Tournament.
Comm. Parker said his funds had been obligated and used by the Bronson league, Chairman Yearty said the funds from his district had been obligated and used by South Levy. Mr. Moody reported Williston’s funds had also already been committed. Comm. Foley moved to allocate $500.00 from District 2 and $500.00 from District 4 funds for expenses for the two (2) teams to travel to the Southeastern Regional Tournament in North Carolina. Comm Rooks seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. C. W. Gilbert commented on the procedures use for permitting and inspections at the Building Department. Mr. Gilbert expressed concerns on improper use of county employees, taxes on unincorporated areas, taxes for subdivisions, the accuracy of the minutes of July 3, 2001, page 3, and the condition of the windows in the Court House.
SHERIFF
Mr. Donnell Hunter said he is being disturbed by neighbors playing loud music. Comm. Parker said there is a noise problem and Sheriff Smith has tried to respond to the complaint and that many neighborhoods are having the same problem. Sheriff Smith explained there are five (5) deputies on duty per shift and it is difficult to control noise complaints. Sheriff Smith said citations have been issued, property seized and he will personally investigate the noise problem in the Bronson area.
COMMUNICATIONS
Ms. Judy Boles of Bellsouth requested an exception of policy for one of their contractors to place fiber optic cable at a level of 30" below ground instead of the 42" as required. Ms. Boles said the additional depth increases the cost of the project and the Department of Transportation allows for a lesser depth. Ms. Boles said any digging on right of ways should be preceded by a locator call for buried cables and site plans are filed when permits are obtained. Mr. Watson said the policy required a depth of 42" and the county engineer supported that depth for buried cables. Comm. Stevens recommended a depth from 36" to 42" which would allow for the hardness or softness of the ground. Ms. Boles said a depth of more than 30" was an unnecessary expense. Mr. Watson said there was a concern of damaging cables when posting signs which are buried at a depth of 2 ˝ to 3 feet. Comm. Stevens moved to have the cables buried 36" to 42" for this project based on staff recommendations. Comm. Parker seconded and the MOTION CARRIED. Comm. Stevens amended the action to require cables to be buried 36" to 42" along any county road for all projects. Comm. Parker amended the second on the action.
EMERGENCY MEDICAL SERVICES
Mr. David Duke explained Aeromed, the Aeromedical Transport Program at Tampa General Hospital has established a base for a helicopter in Citrus county and their services are available in the southern portion of the county. Mr. Duke said Tampa General Hospital is a certified Trauma 1 Center and trauma cases would be transported to the nearest trauma center. Comm. Rooks expressed concerns of citizens being transported to Tampa, Orlando or Jacksonville and the hardship it would place on families. Mr. Dukes explained Shands Hospital in Gainesville is not a certified trauma center and the State of Florida Emergency Medical Services establishes the requirements on the transporting of trauma patients. Mrs. Renata Cannon inquired into a patient’s right to be transported to the hospital facility of their choice. Mr. John King explained he would want to be transported to the facility where treatment was available if it was a last resort action. Mr. Dukes said if they provided service for acute emergency services then they would transport the patient to the nearest hospital including Shands. Mr. Dukes said he would discuss the issue with the State Emergency Medical Services.
MUNICIPALITIES
Mr. Earl Cannon said the City of Chiefland originally was informed that they would not be awarded the Florida Recreation Development Assistance Program (FDRAP) grant they had applied for to expand Strickland Park. Mr. Cannon said the city received notice the grant has been awarded for $100,000.00 and the city was requesting the $16,667.00 of matching funds that was previously approved.
Mr. Cannon explained the City of Chiefland will be applying for a grant through the Florida Communities Trust - Florida Forever Program to purchase 41.5 acres contiguous to Strickland Park and is requesting a Letter of Support that endorses the project indicating the intended use is consistent with the Levy County Comprehensive Plan. Mr. Cannon said the City will be seeking to annex the contiguous parcel with the expansion of Strickland Park. Chairman Yearty directed Mr. Lambka to prepare a Letter of Support for the grant application with the consensus of Board support.
CONTRACT AND AGREEMENTS
Mr. Beauchamp presented the mediation services contract effective through the year 2003 for approval. Comm. Stevens moved to approve the mediation services contract. Comm. Rooks seconded and the MOTION CARRIED.
ORDINANCES
Mr. Beauchamp requested the Public Workshop scheduled on the proposed ordinance for the Municipal Service Taxing Unit (MSTU) be postponed until a later date to allow attendance by the consulting attorney. Mr. Beauchamp said this is not an imposition of a new tax on subdivisions, but an existing ordinance which needs to be revised for those assessments.
ZONING
Mr. Beauchamp requested action to discuss a non-agenda item pertaining the Cedar Key Plantation. Comm. Rooks moved to discuss the non-agenda item relating to the moratorium on Cedar Key Plantation. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Beauchamp explained the sixty (60) day moratorium for building permits in Cedar Key Plantation would be expiring and discussions are still proceeding with the City of Cedar Key and the Thompson Group. Comm. Rooks moved to extend the moratorium an additional sixty (60) days. Comm. Stevens seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. Beauchamp requested action to discuss a non-agenda item pertaining to a special exception with conditions granted by the Board of Adjustment to White Construction for a borrow pit. Comm. Parker moved to discuss the non-agenda item concerning the action of the Board of Adjustment. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Beauchamp explained a petition for a special exception to haul dirt from a pit near Morriston had been granted to White Construction by the Board of Adjustment on the condition the road was paved to county specifications. Mr. Beauchamp advised he had been informed by the Chairman of the Board of Adjustment, Mr. Dennis Andrews the intent was for White Construction to pave the road but not prepare the base of the road. Mr. Watson explained SE 62nd Place was ˝ mile of road way with four (4) residences and must have a stabilized base prior to paving. Mr. Watson said a review of the Board of Adjustment’s minutes and taped record indicated White Construction would pave to county specifications. Comm. Rooks inquired if it was a county maintained road why would the special exception ask for the base to be built up. Mr. Corbitt explained the road would be impacted at approximately 100 trips per day with trucks hauling sand. Mr. Corbitt said a letter was sent outlining the stipulations for the special exception to the petitioner. Comm. Foley said a letter from the Board of Adjustment explaining their intent should be obtained. Mr. Perry Miller commented on the state’s fining of White Construction. Mr. Claude Blackburn said if the road was being used for the benefit of White Construction then they should be responsible for the work. Comm. Stevens moved to have White Construction prepare the base to pave the road to county specifications. Comm. Parker seconded. Comm. Parker, Comm. Rooks, Comm. Stevens and Chairman Yearty votes YES, Comm. Foley voted NO and the MOTION CARRIED.
SUITS
Mr. Beauchamp reported the hearing for the Motion to Dismiss the Special Assessment class action suit. Mr. Beauchamp said the judge granted the Motion to Dismiss with prejudice.
MISCELLANEOUS
Mr. Beauchamp reported former county commissioner, Mr. David Meeks, Sr. passed away.
COUNTY EMPLOYEES
Mr. Lambka reported the top candidate for the Code Enforcement Officer position has had to refuse the position and it will be offered to the next qualified candidate who is Certified Level 1 in Code Enforcement and a certified Building Inspector.
SALARY AND WAGES
Comm. Foley presented the following personnel recommendations for salary increases:
Leatha Keene, Emergency Management Technician at $9.36 per hour, recommending a promotion to Program Coordinator at $10.50 per hour.
Comm. Foley moved to approve the salary increase and change in classification. Comm. Parker seconded and the MOTION CARRIED.
Joe Markham, Road and Bridge Department, completed Level I and Level II DOT Safety Training program, increase from $10.6599 per hour to $10.9099 per hour, in accordance with policy to allow $500.00 annual increase for the completion of courses that enhance job performance.
Comm. Foley moved to approve the increase in salary. Comm. Rooks seconded and the MOTION CARRIED.
Richard Brock, Road and Bridge Department, completed Level I and Level II DOTSafety Training program, increase from $10.1743 per hour to $10.4243 per hour, in accordance with policy to allow $500.00 annual increase for the completion of courses that enhance job performance.
Comm. Foley moved to approve the increase in salary. Comm. Rooks seconded and the MOTION CARRIED.
Rene Jenkins, Road and Bridge Department, classified as Secretary II, Step 2 at $8.9587 per hour, recommend reclassification to Secretary II, Step 4 at $9.4512 per hour.
Comm. Foley moved to approve the salary increase and reclassification. Comm. Parker seconded and the MOTION CARRIED.
Lincoln Cannon, Road and Bridge Department, classified as Fuel Truck, Mach. I, Step 2, at $9.6886 per hour, recommend reclassification to Fuel Truck, Mach. I, Step 5 at $10.2716 per hour.
Comm. Foley moved to approve the salary increase and reclassification. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Foley clarified the salary increases would be effective July 30, 2001 per the personnel recommendations.
ROAD AND BRIDGE DEPARTMENT
Comm. Foley said the proposed policy for road maintenance, resurfacing and paving has not been completed and will be presented for discussion at the next regular meeting.
CLERK OF COURT/TO BOARD
Mr. Danny Shipp advised the Property Appraiser has certified the Ad Valorem tax roll. Mr. Shipp said there is a 44.5 million preliminary budget projection and workshops need to commence. Chairman Yearty noted insurance costs will be a factor for every department.
EQUIPMENT
Mr. Lambka reported the contract with the auctioneer, Mr. Elrod would pay on gross receipts and if an item was not sold a commission would not be paid. Comm. Foley said the intent needs to be clarified. Mr. Lambka said the surplus equipment inventory is being compiled and will be presented for approval prior to the auction. Comm. Stevens moved to approve the recommendation to hire Mr. Elrod to auction the surplus equipment. Comm. Rooks seconded. Comm. Rooks advised Mr. Lambka to contact Mrs. Asbell for disposing of the voting machine with the auction and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Lambka reported the inspection of the hurricane shelters is currently being performed and a exit brief will be presented upon completion of the inspection.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
W. S. Yearty, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court