REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

August 21,  2001

            The Regular Meeting of the Board of Levy County Commissioners was held on August 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 Comm. Foley  followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

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

FUND                                                                AMOUNT
CHECK NUMBERS:                               31450 - 31670

 

GENERAL FUND                                      $263,906.70

ROAD & BRIDGE FUND                              65,109.40

LOCAL HOUSING ASSISTANCE               88,325.00

LIBRARY                                                           9,159.56

PERM MOSQUITO CONTROL                          934.31

MEDIATION                                                          339.99

FINE & FORFEITURE FUND                       50,202.22

LANDFILL                                                     103,732.43

COURT FACILITIES                                         6,342.94

FLORIDA POWER GRANT FUND                    601.57

EMERGENCY MEDICAL SERVICE           69,671.37

SPECIAL CONSTRUCTION                         60,341.00

CRIMINAL JUSTICE TRUST                              324.03

FIRE CONTROL                                             27,290.47

EMS GRANT                                                  14,891.75

COMMUNICATIONS                                        1,794.79

ADDITIONAL REVENUE BOND SVC      870,293.43

UTILITIES                                                              971.71

MSTU - HEATHERWOOD                              7,396.37

                                               

TOTAL                                                      $1,641,629.04

 

MINUTES

Comm. Parker moved to approve the minutes of the regular meeting of August 7, 2001 and the special workshop of August 14,2001.  Comm. Stevens  seconded and the MOTION CARRIED.

JUDICIAL

Mr. Ted McFetridge reported the Article V funds in increments of $100,000.00 received since 1998 would not be available for the fourth year as   the governor vetoed  the funds.  Mr. McFetridge said the funds received have been expended on court house improvement projects.  Mr. McFetridge explained Chief Judge Stan R. Morris has directed the clerk to proceed with the following:

  1. Plan, design and develop a hold cell for the two (2) existing courtrooms.
  2. Plan, design and develop a security plan in concert with the sheriff for the entire courthouse.
  3. Plan, design and build a fiber optic line between the court house and the Sheriff’s Office/Jail.

Mr. McFetridge explained the air conditioner/heating system is installed but is incomplete and the court spending plan and budget has been exceeded and the special trust fund should not be used to complete the project.

Chairman Yearty said the Space Committee will work with the clerk to comply with court administrations request.

CONTRACTS AND AGREEMENTS

Mr. Alan Nast of Davis Monk & Company presented the three (3) year contract for auditing services. Mr. Nast explained the increase for 2001 and 2002 were primarily cost of living increases and 2003 reflects an estimated increase in accounting procedures to comply with GASB No. 34.  Mr. Nast said the agreement allows for either party to terminate the agreement anytime during the three (3) years and if standard costs are lower than estimated, the lesser amount will be billed.  Comm. Stevens moved to approve the agreement with Davis Monk & Company to provide financial auditing services for three (3) years.  Comm. Rooks seconded and the MOTION CARRIED.

MOSQUITO CONTROL

Mr. George Lambka said a press release concerning the West Nile Virus and Eastern Equine Encephalitis had been prepared for publication.  Mr. Lambka said a representative from the State of Florida, Department of Entomology would be trapping mosquitos to determine the type within the county.  Mr. Lambka explained the Department of Entomology recommended sending a letter requesting FEMA funds for aerial spraying or for the purchase of additional spray since a human case of encephalitis has been diagnosed within the county.

Comm. Stevens moved to discuss for possible action the non-agenda item relating to the West Nile Virus and Eastern Equine Encephalitis.  Comm. Parker seconded and the MOTION CARRIED.

Comm. Stevens moved to send written notification to the state for FEMA assistance.  Comm. Parker seconded and the MOTION CARRIED.

AGENCIES

Mr. Lambka reported the American Red Cross vehicle is being stored at the Road Department.

HEALTH

Mr. Lambka said Mrs. Barbara Locke, Director of the Levy County Health Department is pursuing the construction of a new Health Department Building and part of her request requires the county to donate five (5) acres for the site.  Chairman Yearty explained the state would provide the funding for the construction of the building and the county needs to commit to providing the site.  Comm. Parker moved to provide a  written response  committing  to providing a site for the Health Department.  Comm. Stevens seconded and the MOTION CARRIED.

MOSQUITO CONTROL

Mr. James Willis inquired on the proper procedure to follow if a dead bird is found.  Mr. Wayne Hardee explained Animal Control will pick up the carcass during the week and will determine with the Health Department how the weekends are handled.  Mr. Lambka said the information would be published and provided on the Internet.

Mr. Hardee said all calls for spraying should be directed to Mosquito Control.

SUPERVISOR OF ELECTIONS

Mrs. Connie Asbell presented the agreements with the State of Florida, Division of Elections for the funding of $157,500.00 for the purchase of voting equipment and the agreement for voter education in the amount of $12,691.01.  Comm. Stevens moved to approve the agreements for purchase of voting equipment and voter education.  Comm. Parker seconded and the MOTION CARRIED.

PARKS AND RECREATION

Mr. Fred Moody presented the proposed Recreation Funds Policy Guidelines for the distribution of recreation funds.  Mr. Moody explained the guidelines would provide a clean audit trail.  Comm. Rooks moved to adopt the Recreation Funds Policy Guidelines.  Comm. Parker seconded and the MOTION CARRIED.

Comm. Foley recommended allowing the recreational leagues to submit their invoices for payment, with copies of their checks, for equipment purchased with the 2000-2001 funds. Chairman Yearty confirmed the consensus to allow the disbursement for the 2000-2001 fiscal year funds.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow reported the plans for the building for Emergency Medical Services in Williston need to be revised to amend design plans.

Comm. Rooks requested a workshop on September 4, 2001 to review sites and expansions for the Emergency Medical Services, fees charged for runs and medications.  Comm. Rooks said costs have risen for medications, gasoline and the current fees may need revising.

Chairman Yearty said there would be a workshop on September 4, 2001 to discuss these issues.

LIBRARY

Mr. Tom Reitz said a commitment letter has been received for the E-Rate communication rebate/discount program in the amount of $31,206.36.

HOUSING AUTHORITY

Mrs. Carol McQueen said a public TEFRA hearing needed to be scheduled to comply with a Federal mandate for private activity bonds prior to issuance of the bonds.  Mrs. McQueen said Mr. Ralph Cellon would provide the information for Bay County Housing Finance Authority.  Comm. Rooks moved to schedule the TEFRA public hearing on September 18, 2001 at 10:30 a.m..  Comm. Parker seconded and the MOTION CARRIED.

SHIP

Mrs. McQueen requested presentation of Deferred Payment Loan Agreements.  Comm. Parker moved to discuss the Deferred Payment Loan Agreements as non-agenda items.  Comm. Stevens seconded and the MOTION CARRIED.        

Mrs. McQueen presented the following Deferred Payment Loan Agreements:

Michael Neal Owens for $6,500.00 to purchase a home located in Sunny Highlands Subdivision, Block E, Lots 3 & 6, Bronson.

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

Matthew N. and Angela Marie Wilkinson for $9,500.00 to purchase a home located in Epperson Heights, Lot 6, Block 1, Williston.

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

Jerald and Ekeshia Blue for $11,300.00 to purchase a home located at Lot 6, Unit 1, Cherry Point Subdivision, 1015 NE 4th Avenue, Williston .

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

Stephanie Rich and Michael Earnest for $6,100.00 to purchase a home located at 610 NW 9th Court, Lot 3, Block 4, Pineridge Estates, Williston.

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

Joseph M. and Kimberly Sue Bishop for $9,500.00 to purchase a home located  at  Lots 2, 23 and 24, Block E, Rosewood Park, Unit No. 1.

 

Comm. Rooks declared a Conflict of Interest 1 as the applicant is a relative.  Comm. Stevens moved to approve the Deferred Payment Loan Agreement.  Comm. Parker seconded and the MOTION CARRIED.

LANDFILL

Ms. Leslie Moore, US Coast Guard Auxiliary Marine Safety Officer said the annual shore clean up will be held on September 15, 2001 in south Levy county and is requesting  a dump truck, front end loader and two (2) county employees to assist with a pick up point.  Ms. Moore explained over two (2) tons of trash have been picked up in the prior years by volunteers participating in the shore clean up. Comm. Rooks moved to approve the request for county assistance with a dump truck, front end loader and two (2) employees.  Comm. Parker seconded and the MOTION CARRIED.

ROAD AND BRIDGE DEPARTMENT

Mr. Justin Watson said the Levy County School Board has requested assistance in trimming limbs above the bleachers at the Bronson High School Athletic Field.  Comm. Parker moved to provide the assistance to the school board in the trimming and  the School Board will reimburse for labor and expenses.  Comm. Stevens seconded and the MOTION CARRIED.

Mr.  Watson said action on LCR 173 (N.E. 172nd Court) was tabled and inquired if action would be taken on the request by Holy Family Catholic Church.  Comm. Rooks requested the action be tabled until September 4, 2001 to review the request.

ROAD MAINTENANCE

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

NE 130th Avenue, NE 20th Street, NE 19th Street and NE 120th Avenue located in Williston Highlands, Unit 14 for an estimated cost of $2,534.00 for rock, grading and trimming.

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

SE 188th Terrace located in Gilmore Acres for an estimated cost of $67.00 for grading only, beginning at C-326 to the dead end of the road way.

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

NE 92nd Court located in University Estates at an estimated cost of $300.00 for rock and grading, beginning at NE 80th Street and continuing to NE 82nd Place.

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

SE 107th Terrace and SE 195th Street in Old Cannon Farmsites at an estimated cost of $67.00 for grading only, beginning at Hwy. 40 East and to the ending of SE 195th Street.

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

Mr. Watson advised there were two (2) additional requests for maintenance on a one (1) time basis that were not agenda items.  Comm. Stevens moved to discuss the non-agenda items.  Comm. Rooks seconded and the MOTION CARRIED.

NE 110th Court for four (4) loads and rock and grading and NE 62nd Place for grading only  located in Oak Ridge Estates for an estimated cost of $1,267.00 NE 110th Court beginning at C-335 (NE 106th Terrace) and ending at NE 62nd Place and NE 62nd Place beginning at NE 110th Court and ending at NE 112th Terrace.

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

SE 168th Avenue for four (4) loads of rock and grading an estimated cost of $1,267.00.

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

ORDINANCES

Ms. Nina Mattei explained she is the Tobacco Prevention coordinator working with youth and adults to prevent the use of tobacco products and is requesting consideration of enacting an ordinance requiring tobacco retailers to place tobacco products behind their counters and mandate where advertising materials may be placed.

Deanna Henry, Annette Holt, Travis Henry, Amanda Lockerby and Keyiah Evans members of SWAT (Students Working Against Tobacco) spoke in support of an ordinance controlling the display of tobacco products, the tobacco companies targeting programs, and smoking related diseases and deaths. Comm. Parker moved to schedule a public hearing to discuss a proposed ordinance relating to tobacco products. Comm. Rooks seconded.  Comm. Parker, Comm. Rooks, Comm. Foley and Chairman Yearty voted YES, Comm. Stevens voted NO and the MOTION CARRIED.

Ms. Mattei explained SWAT is funded through the land mark settlement case in Florida and is in every county.

Mrs. Sharon Carter spoke in support of the proposal to control  the display of tobacco  products. 

Chairman Yearty commended the students on their presentation and their sponsors.

BIDS

Mr. Wayne Hardee said the committee reviewed the bids for the groundwater monitoring wells and gas probes for the Class III expansion at the landfill and recommended acceptance of the bid received from Geoengineering & Testing, Inc for $10,752.50. Comm. Parker moved to accept the recommendation to accept the bid from Geoengineering & Testing, Inc. Comm. Stevens seconded and the MOTION CARRIED.

GRANTS

Mr. Hardee presented the following grant agreements for approval:

    Waste Tire Solid Waste Grant                      $38,777.00
    Litter Control & Prevention Grant              $12,839.00
    Small County Solid Waste    Grant                 $50,000.00
    Recycling & Education Grant                      $75,298.00

Mr. Hardee explained the grants are awarded on an annual basis and used to operate various programs at the landfill.  Comm. Stevens moved to approve the grant agreements. Comm. Parker seconded.  Mr. Mike Desparte recommended suggestions to clean up litter and trash in the county and the MOTION CARRIED.

Comm. Foley said mandatory garbage pickup had been suggested and would like to have public input on the issue.  Comm. Stevens recommended placing it on the agenda for the next regular meeting.

INSURANCE

Mr. Albert Valery presented a group medicare supplement for retired employees.  Mr. Valery explained the type of benefits available. Chairman Yearty requested Mr. Valery to meet with Mr. Shipp and Comm. Parker to discuss his proposal and how the program is  administered.

ATTORNEYS, COUNTY AND STATE

Mr. Greg Beauchamp presented the following requests for appointment to the Conflict Attorney List:

    Robert Moeller
    Tracey Darr Carlisle

Mr. Beauchamp explained they have provided all documentation necessary to be placed on the Conflict Attorney List.  Comm. Rooks moved to approve Robert Moeller and Tracey Darr Carlisle to the Conflict Attorney List. Comm. Stevens seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Beauchamp presented the agreement to participate in the PRM Group Health Benefits Program.  Mr. Beauchamp explained the contract needed to be reviewed for compliance.  Comm. Rooks moved to table any action on the PRM Group Health Benefits Program agreement until the next regular meeting.  Comm. Stevens seconded and the MOTION CARRIED.

ROAD, CLOSING

Mr. Beauchamp requested authorization to discuss a proposed road closing.  Comm. Stevens moved to entertain a non-agenda item.  Comm. Rooks seconded and the MOTION CARRIED.

Mr. Beauchamp presented a resolution for  the closing of the following roads:

NW 87th Street, NW 86th Place, NW 136th Avenue, NW 86th Street, NW 84th Place and portion of the South end of NW 135th Avenue from NW 84th Place to the intersection of NW 85th Street, all in Section 10, Township 12 South, Range 13 East.  Said lands situate, lying and being in Levy County, Florida.

Mr. Beauchamp explained the road closing are in the Old Suwannee River Forest Subdivision and will allow for the realignment of roads for better access.  Comm. Rooks moved to adopt the resolution to allow for the road closings and to schedule a public hearing on September 18, 2001 at 10:30 a.m.. Comm. Stevens seconded and the MOTION CARRIED.

MUNICIPALITIES

Mr. Beauchamp reported the City of Cedar Key is considering a concept to annex  the  Cedar Key Plantation Subdivision and have requested a consensus on the county’s position.  Comm. Rooks explained if the subdivision is annexed one of the proposed agreements would be for the developer to construct the sewer treatment plant and then the City of Cedar Key would assume responsibility for the plant.  Comm. Rooks said this would meet the requirements of the Comprehensive Land Use Plan.  Comm. Rooks said an interlocal agreement could be entered into with the city stipulating  the county’s position.

ROAD CLOSING

Mr. Robert Lowens inquired if the road closings in Old Suwannee River Forest Subdivision would become a precedent.  Mr. Beauchamp explained the road closings in the Old Suwannee River Forest Subdivision would not affect other roads.

UNIONS

Mr. Beauchamp reported union negotiations were proceeding and should be completed prior to the commencement of the new fiscal year.

TAX ROLL

Mr. Beauchamp said some concerns have arisen on the policy adopted for the Sale of Escheated Lands and recommended returning the issue to the committee for further review.  Comm. Rooks advised she would schedule the committee meeting to discuss the policy.

ROAD AND BRIDGE DEPARTMENT

Comm. Foley said the rates used by the Road and Bridge Department   for labor and materials needed to be reviewed to reflect actual costs. Comm. Foley said he would perform the review and report on his findings.

PROPERTY APPRAISER

Comm. Rooks said additional work is needed in the Property Appraiser’s office and would recommended commencing with the painting, installation of electrical wiring and replacement of windows in the Map Room.  Comm. Rooks said the cost would be approximately $18,000.00.  Chairman Yearty said he did not object to the project but was concerned the Construction budget would be exceeded prior to the close of this fiscal year and would require a budget amendment.  Comm. Rooks moved to discuss the non-agenda item relating to the Property Appraiser’s Office.  Comm. Parker seconded and the MOTION CARRIED.  Comm. Rooks moved to commence with the renovation project in the Property Appraiser’s Office at the beginning of the 2001-2002 fiscal year. Comm. Parker seconded and the MOTION CARRIED.

Comm. Rooks requested the Construction Department complete the work that has already commenced.

AGENCIES

Comm. Stevens said there will be a exercise class for the Emergency Medical Services and Emergency Management Services on September 27 and 28, 2001 on terrorism.  Mr. Ron Grant said the class would address hazardous materials and terrorism and first responders needed to be trained before some type of incident occurs.

LEGISLATIVE

Comm. Rooks said projects needed to be identified for submission to the legislative delegation with requests for funding.

SHERIFF

Mr. Beauchamp clarified that some 911 funds may be used to purchase portions of the recording system. Mr. Bobby McCallum explained the 911 funds have been expended for the current fiscal year.

BUDGET

Chairman Yearty scheduled a budget workshop for Wednesday, August 29, 2001 at 9:00 a.m..

MISCELLANEOUS

Mr. C. W. Gilbert discussed the issue of  Chairman Yearty as a commissioner and the circulation of a petition for home rule.

Mr. Wayne Janney recommended an independent investigation for the accusations that have been made in past meetings.

Mr. Art Maruna suggested appointing a civil grand jury under a judge’s jurisdiction.

Comm. Stevens requested Mr. Beauchamp to bring a recommendation at the next regular meeting.

COUNTY LAND

Mrs. Renata Cannon inquired if county residents and city residents of Cedar Key were allowed to vote on the issue of annexation.  Mr. Beauchamp said the city would vote on the annexation issue.  Comm. Rooks said the purchasers of the lots in Cedar Key Plantation were in support of annexation.

GRANTS

Comm. Rooks said the last legislative session allowed for match requirements to be lowered or waived and the Florida Department of Transportation (FDOT) has identified the waiver.  Comm. Rooks recommended the Road and Bridge Department research available grants.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

                                                                              

                                                                                           W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court

 1 Conflict of Interest - Comm. Rooks