REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

September 4, 2001

            The Regular Meeting of the Board of Levy County Commissioners was held on September 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 Mr. Danny Shipp  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:                  31671 - 31918

 

GENERAL FUND                                      $918,429.61

ROAD & BRIDGE FUND                              51,305.91

LIBRARY                                                         41,750.10

PERM MOSQUITO CONTROL                    11,500.00

MEDIATION                                                          100.00

FINE & FORFEITURE FUND                       44,822.04

E911 COMMUNICATIONS                           15,000.00

LANDFILL & RECYCLING                            13,507.76

LAW ENFORCEMENT TRUST FUND        19,770.00

COURT FACILITIES                                            225.00

FLORIDA POWER GRANT FUND                    502.79

EMERGENCY MEDICAL SERVICE              9,779.81

SPECIAL CONSTRUCTION                           3,491.85

FIRE CONTROL                                               7,822.59

JUVENILE JUSTICE                                      10,000.00

ADD REV BOND DEBT SERVICE           439,575.00

UTILITIES FUND                                                  431.99

                       

TOTAL                                                     $1,588,014.45

 

MINUTES

Comm.  Stevens moved to approve the minutes of the regular meeting of August 21, 2001 and the special meeting of August 29, 2001.  Comm. Foley  seconded and the MOTION CARRIED.

BIDS

Ms. Heather Alexander advised that no bids were received from  the Invitation to Bid issued for a forklift at the Recycling Department.

Ms. Alexander opened the following bids submitted for the Road and Bridge Department:

 

    Sod     

      DEC Sod

 

    Sign Materials

      Vulcan Signs

      Municipal Supply & Sign

      Newman Traffic signs

      Rocal, Inc.

      3M General Offices

 

    Asphalt

      E. A. Mariani Asphalt Company

      Central Materials Company

      John C. HippConstruction

      Blackledge Emulsions

 

    Guard Rails

      No bids were received.

 

    Galvanized Culvert Pipe

      Southern Culverts

      Gulf Atlantic Culvert Company

      Metal Culverts, Inc.

 

    Safety Items

      Municipal Supply & Sign Company

      Safety Equipment Company

      Fire & Safety Equipment

      Florida Transcor, Inc.

      Smith & Son’s Sod Company

      Safety Zone Specialists

 

Chairman Yearty requested Mr. Kelly Jerrells, Mr. Justin Watson and Comm. Foley to review the bids and  provide a recommendation at the next regular meeting.

COMMUNICATIONS

Mr. Fred Moody presented Partial Release of Sublease No. 2504-01 for the communications tower site located at the old Florida Highway Patrol station in Inglis.  Mr. Moody explained the state will be using the tower for the state wide law enforcement communications system.  Comm. Stevens moved to approve the sublease agreement releasing the communications tower site.  Comm. Rooks seconded and the MOTION CARRIED.

COUNTY EMPLOYEES

Mr. Moody said action was needed on a non-agenda item concerning an employee preparing to have surgery on a work related injury.  Comm. Parker moved to discuss the non-agenda item.  Comm. Rooks seconded and the MOTION CARRIED.

Mr. Moody explained Mr. Joe Markham is scheduled for surgery and will be unable to work for approximately six (6) to eight (8) weeks as a result of an on the job injury and is requesting authorization to apply his annual and sick leave to the difference of his lost wages paid by Worker’s Compensation.  Comm. Rooks said action should be taken on a case by case basis and Mr. Markham would be returning to his same employment.  Comm. Rooks moved to approve the use of annual and sick leave to supplement the Worker’s Compensation payment for Mr. Markham. Comm.   Comm. Parker seconded and the MOTION CARRIED.

DEVELOPMENT DEPARTMENT

Mr. Rob Corbitt requested approval of the recertification of the Community Rating System that allows a ten (10) percent reduction on flood insurance policies.  Mr. Corbitt explained this certifies that building requirements are above the minimum standards and the recertification must be submitted prior to October 1.  Comm. Rooks moved to approve the Community Rating System certification.  Comm. Parker seconded and the MOTION CARRIED.

Mr. Corbitt advised the new Florida Building Code will be enacted January 1, 2002 and will require the adoption of a Wind Load Map by ordinance.  Mr. Corbitt said the administering of the new Florida Building Code will require changes that need to be reviewed.

APPOINTMENTS

Ms. Alexander said the reaffirmation of the representative for the Central Florida Community Action Agency, Inc. (CFCAA) has been requested.  Comm. Rooks moved to reappoint Mr. Fred Moody as the representative.  Comm. Stevens seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES

Ms. Paula Edwards presented the grant for $105,806.00 with the Department of Community Affairs (DCA) for approval.  Comm. Parker moved to approve the grant agreement.  Comm. Stevens seconded and the MOTION CARRIED.

Ms. Edwards said the State Division of Emergency Management will present the Shelter Evaluation Critique on September 11, 2001 at the Emergency Operations Center.

ROAD MAINTENANCE

Mr. Kelly Jerrells presented the following request for placement on the paving list:

    LCR 453 known as SW Shiloh Cemetery Road for paving 1.2 miles with a dedicated right of way, 29 house and a current year maintenance cost of $2,853.11.

Comm. Rooks moved to place the Shiloh Cemetery Road on the paving list.  Comm. Stevens seconded and the MOTION CARRIED.

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

    SE 67th Place, SE 216th Avenue and SE 66th Street located in Ocala Highlands West, requiring eight (8) loads of rock and grading for an estimated cost of $2,534.00, SE 66th Street beginning at SE 210th Avenue to Marion County Line, SE 67th Street beginning at SE 210th Avenue to Marion County Line and SE 216th Avenue beginning at SE 60th Lane to SE 75th Lane.

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

    SW 67th Place located in Cedar Key Highlands requiring grading for an estimated cost of $67.00, beginning at SW CR 347 to SW 132nd Avenue.

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

    SW 72nd Place located in Coastal Oaks requiring grading for an estimated cost of $67.00, beginning at SW CR 347 to SW 132nd Terrace.

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

Mr. Jerrells presented the following request for resurfacing:

    LCR 123 (NE & NW 140th Street) for resurfacing beginning at C-339 continuing to LCR 134 (NW 10th Avenue).

Comm. Parker moved to approve the request for resurfacing.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Jerrells presented a request for assistance as follows:

    Fowlers Bluff Volunteer Fire Department requesting six (6) loads of dirt to be placed at the Fire Department.

Comm. Rooks moved to approve the request for dirt.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Jerrells presented the following request for resurfacing:

    LCR 218 (NW 150th Street) beginning at US 19 continuing to C-341 for resurfacing.

Comm. Foley moved to place on the resurfacing list.  Comm. Rooks seconded and the MOTION CARRIED.

    West Park Avenue and East Park Avenue, beginning at C-341 and continue to Alt. US 27 for resurfacing.

Comm. Foley moved to place on the resurfacing list.  Comm. Rooks seconded and the MOTION CARRIED.

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

    SW 123rd Terrace and SW 80th Street located in Cedar Key Heights for grading at an estimated cost of $67.00.

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

SHERIFF

 Sheriff Smith explained the used building previously approved for purchase  from Affordable Structures did not meet the required specifications to provide an efficient, safe and secure workplace.  Sheriff Johnny Smith presented the following quotes for a modular structure to house the Drug Task Force whose current location is in need of replacement.

  • Affordable Structures                                $36,742.00
  • AAA Modular Buildings                            $34,617.00
  • Creative Modular Buildings                       $33,700.00

Sheriff Smith said the quotes were for a 24' x 56' commercial grade modular building with a concrete type siding and recommended accepting the bid from  Creative Modular Buildings for  $33,700.00.  Sheriff Smith explained Mr. Shipp advised funding can be transferred from the Special Construction Fund.  Comm. Parker moved to approve the purchase of a modular office building from Creative Modular Buildings for $33,700.00 in an emergency action to  supply a safe environment for the employees.  Comm. Rooks seconded and the MOTION CARRIED.

BUDGET

Sheriff Smith requested approval of a budget amendment transfer from the contingency fund to meet operating costs for the remainder of the current fiscal year.  Sheriff Smith explained the increase in health insurance has impacted the current fiscal budget.  Comm. Parker moved to approve the budget amendment of $40,000.00 from the contingency fund to the Sheriff’s operating fund.  Comm. Rooks seconded and the MOTION CARRIED.

COMMUNICATIONS

Sheriff Smith reported the recorder for the dispatch center is inoperable and they will be able to purchase a new recorder with the current funds in the Sheriff’s budget.

SHIP

Mrs. Carol McQueen presented a Satisfaction of Mortgage with Eric and Rebecca Childs.  Mrs. McQueen explained the Childs are refinancing their mortgage and will satisfy the SHIP loan with this transaction.  Comm. Stevens moved to approve the Satisfaction of Mortgageagreement.  Comm. Parker seconded and the MOTION CARRIED.

Mrs. McQueen reported the annual reports are due for submission to the state and are available for public review.

Mrs. McQueen said the TEFRA public hearing will be held on September 18, 2001 and Mr. Ralph Cellon will be present to make the presentation concerning the Bay County Housing Authority.

MISCELLANEOUS

Mr. C. W. Gilbert requested the minutes of the meetings to be published, copies available at the meetings or read prior to approval.  Mr. Shipp said the Clerk’s office is responsible for being the keeper of the minutes but would investigate the request and report on his findings.

Mr. Gilbert commented on Mr. George Lambka’s continued employment and comments made by Mrs. Mary Golding.

AGENCIES

Mr. Lannie Cardona with Nature Coast Development council said the tri-county support of the Tourism Board has allowed for them to submit the staff grant application.

Mr. Cardona presented a map brochure prepared by the Florida Fish and Wildlife Conservation Commission (FWCC) and it is being distributed in partnership with Visit Florida, Florida Park Service and Levy County.

ROADS, COUNTY

Ms. Robyn Somers said the legal access to her property is not identified with any street sign and it is dedicated as a public right of way.  Chairman Yearty requested Mr. Kelly Jerrells to install a street sign and to review the cost to clear the roadway.

ZONING

Mr. Rob Corbitt presented the following petition for a  preliminary plat and a petition for a variance for:

    Petition No. PP-00249 – Pardue Land Surveying representing Luther Drummond Investments, Ltd., petitioning the Board for a Preliminary Plat of “Highlands Phase I and II,” a subdivision, gated community, commencing at the NE corner of the W ½ of Section 34, Township 11S, Range 14E, in Levy county. Said parcel contains 215.69 acres more or less and located within a Rural Residential “RR” zone.  The Planning Commission recommends approval with a condition #5 - Property within this subdivision comprises a Municipal Service Taxing Unit for the purpose of road maintenance pursuant to Levy County Ordinance No. 84-1 be removed.

    Petition No. SV-1-01 – Pardue Land Surveying representing Luther Drummond Investments, Ltd., petitioning the Board for a Variance from the subdivision regulations, Article XI, section 50-577, subsection b “Block Lengths” commencing at the NE corner of the W ½ of Section 34, T Township 11S, Range 14E, in Levy County. Said parcel contains 215.69 acres more or less and located within a Rural Residential “RR” zone.

Mr. Corbitt explained the plat is consistent with the new ordinance for a “gated community.” Comm. Rooks moved to approve the preliminary plat including the recommendation of the planning board. Comm. Stevens seconded and the MOTION CARRIED.

    Petition No. PP-00251 – Danny Croft of Emerald Coast and Associates, Inc., representing Alan Caplin, petitioning the Board for a Preliminary Plat of “Sienna Cove,” a subdivision located in the SW 1/4 of NW 1/4 of Section 26, Township 11S, Range 14E, in Levy County.  Said parcel contains 8.91 acres more or less and has a land use of Low Density Residential “LDR.”  The planning commission recommends approval.

Mr. Corbitt said the plat is consistent to the Land Development Regulations and will allow systematic development of land divided from a parent parcel.  Comm. Foley moved to approve the preliminary plat for “Sienna Cove.”  Comm. Parker seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Greg Beauchamp presented the PRM Group Health Benefits contract for approval.  Mr. Beauchamp said the contract is for the management of the health insurance benefits for three (3) years and is a management type contract.  Comm. Rooks moved to approve the contract with PRM Group Health Benefits.  Comm. Parker seconded and the MOTION CARRIED.

TAX COLLECTOR

Mr. Beauchamp submitted the agreement, letter of acceptance and the certificate for Non-ad Valorem Special Assessment roll with Linda Fugate, Tax Collector for approval.  Comm. Parker moved to approve the agreements for the Tax Collector to collect the Non-ad Valorem Special Assessments. Comm. Rooks seconded and the MOTION CARRIED.

MUNICIPALITIES

Mr. Beauchamp said a request has been made by the Town of Inglis for the voluntary annexation of a portion of Diana Street in Cason Inglis Acres, Unit 10.  Mr. Beauchamp explained the road would become the responsibility of the Town of Inglis with the acceptance of the voluntary annexation. Comm. Parker moved to approve the request for the voluntary annexation of a portion of Diana Street as described in the Petition for Voluntary Annexation.  Comm. Stevens seconded and the MOTION CARRIED.

ORDINANCES

Mr. Beauchamp said the proposed ordinance concerning the placement of tobacco products for retail sales is available for review  and the public hearing will be scheduled for the first regular meeting in October.

SUITS

Mr. Beauchamp reported a notice of appeal has been filed in regards to the law suit filed by Mr. Rees as a class action on the refund procedure of the 1986 to 1989 special assessments.  Mr. Beauchamp said he had contacted an attorney for the handling of the appeal.

ATTORNEY, COUNTY AND STATE

Mr. Beauchamp said a request had been made to establish a public records request policy as some requests require an undue amount of time and copies.  Mr. Beauchamp  explained he would try to resolve the problem without having to establish a formal policy.

Mr. Beauchamp said he has responded to the request of hiring an investigator for the allegations raised over the past year by Mr. C. W. Gilbert in a memorandum[1] advising there are agencies already funded by tax dollars that investigate complaints on properly lodged complaints.

[1] Memorandum 8/29/01 Investigations of Allegations

MISCELLANEOUS

Mr. John Richardson of Grubbs Emergency Services, Inc. explained they would provide a “piggy-back” contract with Marion County for disaster services in the event of a natural or man made disaster to assist in clean up debris and hazardous materials.

Ms. Angie Tanner said they would provide training, assistance in applying for FEMA reimbursement and had an immediate response to a disaster area and also utilize local subcontractors.

Chairman Yearty said they would review the materials presented and discuss  the proposal at the next regular meeting.

ZONING

Comm. Rooks requested to discuss the extension of the moratorium for Cedar Key Plantation. Comm. Stevens moved to discuss a non agenda item concerning the moratorium on septic tanks in Cedar Key Plantation subdivision.  Comm. Parker seconded and the MOTION CARRIED.
Comm. Rooks explained the City of Cedar Key was still discussing the possibility of annexation and requested extending the moratorium for an additional sixty (60) days.
Comm. Rooks moved to extend the moratorium on septic tanks in Cedar Key Plantation for an additional sixty (60) days.
Comm. Parker seconded and the MOTION CARRIED.

COMMISSIONERS

Comm. Rooks advised information was still being obtained for the legislative funding packet.

Comm. Rooks said she had lost confidence in the ability of Mr. George Lambka to continue as County Administrator and is unable to continue to support him in this position.  Comm. Rooks said concerns were raised on the issue of the road and contacts with other public officials and personnel.  Comm. Rooks moved to terminate Mr. Lambka as County Administrator immediately and to pay two (2) weeks salary.  Comm. Stevens seconded.

Mr. Lambka said no official notification was given for any of the actions taken previously but he was able to accept the decision of the Board.  Comm. Stevens, Comm. Rooks and Comm. Parker vote YES, Chairman Yearty and Comm. Foley voted NO.  Comm. Foley said he was concerned that Mr. Lambka was not given ample opportunity to discuss and investigate the accusations and the MOTION CARRIED.

Mrs. Renate Cannon inquired into why official notice was not directed to Mr.  Lambka concerning the seven (7) days being continuous or work days and the non- payment of his salary.  Mr. Beauchamp said the assumption was the disciplinarian action was taken on a Tuesday and would be for seven (7) days through the following Tuesday and the suspension would be without pay.

Comm. Stevens said an employee on probation is unable to utilize vacation and a suspension would be without pay.

Comm. Stevens moved not to pay Mr. Lambka for the seven (7) days of suspension for disciplinary action. Comm. Rooks seconded and the MOTION CARRIED.

FIRE DISTRICTS

Comm. Parker explained there has been concern expressed on improving the fire departments and providing for their needs.  Comm. Parker said he had asked Mr. Mark Moore to research the needs and to provide a report on his findings.  Comm. Parker moved to ask Mr. Mark Moore to review and study the volunteer fire departments needs and allocations.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moore said it had been recommended to have a County Fire Chief  to have a spokesperson from the fire departments through all the levels of government.  Mr. Moore requested six (6) months to review the needs of the fire department and prepare a report on the findings.  Comm. Parker moved to appoint Mr. Mark Moore as the County Fire Chief with the authority to review and report his findings in six (6) months.  Comm. Stevens seconded.  Mr. Moore said an independent secretary would be needed for the meetings.  Chairman Yearty said someone would be provided through the Commissioner’s Office on an as needed basis.

Mr.  Moore said he would accept $1.00 per year as salary with expense money for training and travel.  Mr. Moore explained representation on behalf of the firefighters is extremely important at the state level and there are federal funds that will be available and should be pursued.  Mr. Moore requested to remain a volunteer on the South Levy Volunteer Fire Department  and the MOTION CARRIED.

MISCELLANEOUS

Mrs. Mary Golding said Mr. C. W. Gilbert had made misstatements in his presentation and requested it be corrected.

BIDS

Mr. Wayne Hardee requested authority to seek  quotes for a forklift at the Recycling Department since no bids were submitted. Mr. Beauchamp said bids were not received and the funds must be expended prior to the end of the fiscal year. Comm. Stevens moved to allow Mr. Hardee to obtain three (3) quotes to purchase a forklift at the lowest cost. Comm. Foley recommended Mr. Hardee obtain the three (3) quotes and then obtain a bid from the state bid contract. Comm. Parker seconded and the MOTION CARRIED.

MISCELLANEOUS

 Mr. C. W. Gilbert said he did not intend to imply Mrs. Golding had made the statements as he previously indicated.  Mr. Gilbert submitted a letter to Chairman Yearty he had prepared for submission to the Executive Office of the Governor.

Mr. Dave Bibby commended Mr. Lambka on his handling  the position of County Administrator.  Mr. Bibby said a petition has been initiated to place the issue of charter government on the ballot.

Mr. John King commented on the action against Mr. Lambka as a personal vendetta.  Mr. King recommended extending an Invitation to Bid for the position of County Attorney.

EMERGENCY MEDICAL SERVICES

Mr. Beddow presented the projects and issues to be addressed for the ensuing fiscal year.  Mr. Beddow said the issues to address are:

    1.         Station/Inglis/Yankeetown - additional staff person.

    2.         Station/Chiefland - relocation and possible additional location.

    3.         Liberty Ambulance Service - continue  their Certificate of Need.

    4.         Additional Personnel.

    5.         Collections.

    6.         Adjusting EMS costs - trips and medications.

    7.         Station/Williston

Mr. Beddow explained rural grants are being utilized to purchase equipment and there is a grant that could possibly assist in construction of a station in Inglis/Yankeetown.  Mr. Beddow said the City of Chiefland is purchasing land and will allow for the relocation of the paramedics and EMT’s to a larger facility and consideration needs to be given to adding an additional station in the Chiefland area as there is a high usage for service.  Mr. Beddow added that Liberty Ambulance does not provide service on interfacility transports that do not have insurance coverage and this burden is being transferred to the Williston station. Mr. Beddow recommended considering discontinuing the Certificate of Need for Liberty Ambulance which must be renewed on September 18, 2001 and allowing  the Williston station to pick up  interfacility transport using a spare ambulance.  Mr. Beddow said additional personnel would need to be hired, but the interfacility transporting should basically pay for itself with the insurance billings.  Mr. Beddow explained the officers in the union would volunteer their off time and pursue the collecting of unpaid charges.

Mr. Beddow said with the increase fuel costs, prescriptions the fees charged need to be reviewed. Mr. Beddow said the fees were last adjusted in 1990 and recommended  increasing the fees as follows:

BLS -        $150.00

                                    4.50 per mile

                                    30.00 oxygen

 

ALS -        $350.00

                                    4.50 per mile

                                    30.00 oxygen

 

LANDFILL

Mr. Hardee said the public workshop was scheduled to discuss concerns on instituting dumping stations through out the county and more efficient access to the landfill.

Comm. Parker said the Code Enforcement Officer could investigate complaints on illegal dumping and possibly cooperating with Crimestoppers to offer rewards for illegal dumping.

Mr. Moody said rural collection sites were being reviewed on how surrounding counties handle the collection sites and the problems they have incurred and prevention measures they have implemented.

Mr. Hardee said the disposal of household hazardous material is accepted at the landfill every Monday

Mr. Moody said an increase in the special assessment for the landfill may need to be considered if drop off sites are considered.

Comm. Rooks recommended further investigation to options available for the disposal of solid waste.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

      

                                                                                           W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court