REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

October 16, 2001

The Regular Meeting of the Board of Levy County Commissioners was held on October 16, 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

Also present were:

County Attorney - Gregory V. Beauchamp
Clerk of Court - Danny J. Shipp

 

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

FUND                                                         AMOUNT
CHECK NUMBERS: 32369 - 32554

 

GENERAL FUND                               $334,439.37

ROAD & BRIDGE FUND                       16,489.93

LOCAL HOUSING ASSISTANCE         13,285.00

LIBRARY FUND                                       10,135.62

MOSQUITO FUND                                    7,800.00

MEDIATION FUND                                       200.00

FINE & FORFEITURE FUND                 15,468.47

LANDFILL & RECYCLING                     64,351.55

SPECIAL LAW ENFORCEMENT                20.00

COURT FACILITIES                                     228.00

FLORIDA POWER GRANT FUND         1,388.05

EMERGENCY MEDICAL SERVICE     14,102.92

LOCAL LAW ENF BLOCK GRANT            599.00

FIRE CONTROL                                       21,410.75

UTILITIES FUND                                           642.21

 

TOTAL                                                  $500,560.87

 

MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of October 2, 2001.  Comm. Foley seconded and the MOTION CARRIED.

RESOLUTIONS

Chairman Yearty requested  discussion on  a non-agenda item  recognizing Mr. C. R. “Rowdy” Lowman.  Comm. Foley moved to discuss the non-agenda item. Comm. Parker seconded and the MOTION CARRIED.

Chairman Yearty read the resolution for the record recognizing Mr. C. R. “Rowdy” Lowman as an original appointee to  the Levy County Planning Board and his many years of consecutive service until his death.  Comm. Parker moved to adopt the resolution.  Comm. Foley seconded and the MOTION CARRIED.  Chairman Yearty presented Mrs. Sadie Lowman a copy of the resolution.

STATE AGENCIES

Ms. Beryl Bayer said residents surrounding Goethe State Forest were concerned with the widening,  placing of limerock on roads and  timber cutting.  Ms. Bayer said the current operations were detrimental to ecotoursim and equestrian use in the forest and concerned residents were requesting the County Commission express their concerns to the Department of Environmental Protection (DEP) and the Division of Forestry.

Mr. Don West, Division of Forestry, said there are more equestrian or Multi-use trails located in Goethe State Forest than any of the other State Forests and the Division of Forestry is responsible for the management.  Mr. West explained timbering and controlled burns are necessary for management of the forest.  Mr. West said service roads are primarily used for trails, hiking and access during controlled burnings and are mowed roadways.

Chairman Yearty said the Division of Forestry was given the management responsibility of Goethe State Forest and Ms. Bayer’s concerns would be submitted  to the proper state agencies.

MISCELLANEOUS

Mr. C. W. Gilbert inquired if any information was available on his request concerning the refunding of special assessments.  Comm. Parker said his inquiries were being investigated.

Mr. Gilbert said the advertisement for the Planning Commission workshop held on Thursday, October 11, 2001 indicated there was a moratorium for mining and it appeared a small group was trying to direct the Land Development Regulations for the permitting of mines.

Mr. Gilbert expressed concern about allegations against an employee he considers  as a hard working county employee.

Chairman Yearty directed Mr. Gilbert to contact the appropriate agencies for any complaints against any county official or employee.

RESOLUTIONS

Mr. Lannie Cardona presented a resolution in support of the Dixie, Levy, Gilchrist Counties Tourist Development Board outlining the creating, intent and compilation of the Tourist Development Board.  Mr. Cardona read the resolution for the record. Comm. Stevens moved to adopt the resolution.  Comm. Parker seconded and the MOTION CARRIED.

COUNTY LAND

Mr. Fred Moody said the committee has prepared a proposed policy for escheated lands:

    1. First come, first served (have had several parties interested in the same pieces of
       property).

    2. Minimum bid of $200.00.

    3. Policy effective November 15, 2001.

 

Mr. Moody explained escheated properties are  “buyer beware” and normally are not valuable pieces of property.  Comm. Stevens moved to adopt the policy for escheated lands.  Comm. Foley seconded and the MOTION CARRIED.

PERMITS

Mrs. Jacqueline Martin presented a request from Mrs. Margaret Knight for a permit to hold the Fall Withlacoochee Bluegrass Jamboree on November 2nd, 3rd, and 4th, 2001 advising they will meet the guidelines established for this function.  Comm. Stevens moved to approve the permit for the Fall Withlacoochee Bluegrass Jamboree.  Comm. Parker seconded and the MOTION CARRIED.

LEGISLATIVE

Mrs. Martin advised the Senate Reapportionment Committee will be holding a hearing on Wednesday, October 17, 2001 at the Harn Museum Auditorium.

ZONING

Chairman Yearty announced the Hardship Variance petition scheduled for 10:00 a.m. on the agenda has been withdrawn.

ANIMAL CONTROL

Mr. Wayne Hardee explained a policy is needed to establish the procedure for the classification of dogs that are dangerous.  Mr. Hardee said the policy, in accordance with Florida Statute, would allow the owner of the animal, two (2) hearings before a committee and for additional recourse through county court if the owner disagreed with the committee’s  findings.

Mr. Greg Beauchamp said the committee could consist of the Department Head of Animal Control, a county commissioner and a designated administrator, following procedures established for the hearing process.

Chairman Yearty appointed Comm. Rooks, Mr. Hardee, Mr. Fred Moody, and Mr. Greg Beauchamp to a committee for hearing cases concerning dangerous dogs and requested Mr. Beauchamp to prepare a policy.

Mr. Hardee said if a dog has been deemed dangerous the owner can be subject to a criminal offense if the dog causes injury and requires  the owner to comply with strict laws to retain a dog classified as dangerous.

Mr. Hardee requested approval to purchase a new vehicle for the Animal Control Officer on an emergency basis.  Mr. Hardee explained the budget for the fiscal year included the purchase of a new vehicle and one (1) of the two (2) vehicles was involved in an accident and is inoperable.  Mr. Hardee said the bid process  will take approximately five (5) to six (6) months to obtain a replacement vehicle. Mr. Hardee said a pickup has been loaned to Animal Control by another department for temporary use.  Mr. Hardee said he had contacted Scoggins Chevrolet and White Ford and was advised a pickup could be delivered in one (1) week if it was approved for him to seek quotes.

Mr. Barney Cannon inquired if a surplus vehicle could be obtained pending submitting Invitations to Bid for a new vehicle.

Mr. Bobby McCallum said the Sheriff’s Office has bids for all 2002  models  through the State Association of Counties and the Sheriff’s Service and local dealers will match those bids.

Comm. Stevens moved to approve the purchase of a vehicle on an emergency basis, providing a minimum of two (2) quotes,  for the Animal Control Department on an emergency basis due to the department only having one (1) operable vehicle and using a replacement vehicle from another department on a temporary basis.  Comm. Foley seconded and the MOTION CARRIED.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow reported the new Chiefland station may be ready for occupancy on December 17, 2001 and Mr. Jimmy Jones has indicated it will cost $7,000.00 to $10,000.00 for the remodeling.  Mr. Earl Cannon, manager City of Chiefland said they would discuss the remodeling to determine if there could be some savings.

Mr. Beddow said a decision is needed on the adjustment of the billing rates.  Mr. Beddow explained an increase in rates to Medicare and Medicaid must be filed by January 1st for implementation.  Mr. Beddow said the rates have not been adjusted since 1982 and recommended accepting the rates proposed as follows:

BLS

ALS

$150.00

$350.00

$4.50 per mile

$4.50 per mile

$30.00 oxygen

$30.00 oxygen

Comm. Stevens moved to adopt the rate increases for rescue services.  Comm. Parker seconded and the MOTION CARRIED.

COUNTY FIRE CHIEF

Mr. Mark Moore presented the Fire Protection Agreements with South Levy Fire and Rescue and Fowlers Bluff Volunteer Fire Departments for approval.  Mr. Moore said a thirty (30) day clause to allow either party the ability to request a change has been included.  Mr. Moore said clarification of fire  services needs to be defined to include rescue and extrication and recommended appointing a committee to review the contracts  and prepare a unified contract for the volunteer fire departments. Comm. Stevens moved to appoint a committee to review and discuss the issues concerning the departments. Comm. Parker seconded.  Mr. Earl Cannon said clarification on the use of funds is needed to allow  the funds to be used for maintenance of equipment which is a related fire expense. Mr. Moore said each fire department has issues and the contracts need to be consistent for rural fire departments and municipal fire departments and the MOTION CARRIED.

Mr. Moore presented the Fire Incidents for the Month of September as follows:

    Structures 20

    Brush 22

    Vehicle Accidents 5

    HAZMAT 0

    Vehicle Fires 7

    EMS Support 7

    Mutual Aid 4

    Miscellaneous 15

 

Mr. Moore requested discussion of a non-agenda item concerning the Fire Advisory Board’s administrative costs.  Comm. Foley moved to discuss the non-agenda item.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moore said the Advisory Board has had each individual Volunteer Fire Department pay the administrative costs on a rotation basis and recommends discontinuing this method and to pay the administrative costs by adjusting his budget to pay the administrative costs of approximately $50.00 monthly from the reserve fund.  Comm. Stevens moved to approve paying a central administrative fee from the budget of the County Fire Chief.  Comm. Parker seconded and the MOTION CARRIED.

Mr. Moore said there is a non-agenda item concerning Worker’s Compensation coverage for firefighters that needs to be discussed.  Comm. Stevens moved to discuss the non-agenda item. Comm. Parker seconded and the MOTION CARRIED.

Mr. Moore explained the Town of Otter Creek is not providing Worker’s Compensation coverage for their eight (8) volunteer firefighters and recommends adjusting their funds to allow for these firefighters to be provided Worker’s Compensation coverage through the county policy.

Mr. Beauchamp said the unincorporated departments are provided Worker’s Compensation coverage through the county’s coverage and incorporated municipalities provide their firefighters with Worker’s Compensation coverage.  Mr. Beauchamp said the Town of Otter Creek is incorporated.  Comm. Parker moved to provide Worker’s Compensation coverage for the eight (8) volunteer firefighters in the Town of Otter Creek and adjust their allocation of funds to cover the premiums.  Comm. Stevens seconded and the MOTION CARRIED.

SHIP

Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:

    Oma Rosado and Judith Carrasquillo, in the amount of $9,500.00 to purchase a home, Lots 13 and 14, Block 5, Williston.

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

ROAD MAINTENANCE

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

    NW 105th Street, LCR 416 (NW 70th Avenue) continuing to NW 75th Avenue, two (2) loads of rock, .05 miles of grading, for an estimated cost of $600.00.

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

    NE 80th Street, located in University Estates, grading only for 1.05 miles at an estimated cost of $150.00, commencing at LCR 1059 to NE 90th Avenue.

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

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

    LCR 425 (NW 80th Street), Cedar Pines Subdivision and Rustling Pines Subdivision, resurfacing for a distance of one (1) mile at an estimated cost of $92,796.70, traffic from C-341, 86 trips daily average and from SR 345, 83 trips daily average.

Comm. Foley moved to place the described portion of LCR 425 on the paving list.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson said the road project to secure the right-of-way deeds for NE 111th Street, NE 99th Terrace and a portion of NE 110th Street in Aztec Acres has been unsuccessful and requests permission to close the project.  Comm. Parker moved to instruct the Road Department to close the project for the described roads.  Comm. Stevens seconded and the MOTION CARRIED.

ROAD AND BRIDGE DEPARTMENT

Mr. Watson requested Mr. Jessie Durrance and Mr. Sammy Pruitt be authorized to sign purchase orders for the Road and Bridge Department. Comm. Foley moved to approve Mr. Durrance and Mr. Pruitt to sign purchase orders along with Mr. Watson and Mr. Kelly Jerrells.  Comm. Stevens seconded and the MOTION CARRIED.

CLERK OF COURT/TO BOARD

Mr. Danny Shipp said they are proceeding with a policy for purchase orders and need the cooperation of all departments.

SHERIFF

Mr. Bobby McCallum advised the Sheriff’s Office was withdrawing their request to be on the agenda concerning the 2000-2001 fiscal year budget.

CONTRACTS AND AGREEMENTS

Mr. Beauchamp reported Mrs. Judy Buchanan with the Levy County School Board has advised the school board agreed to divide the cost of having Mr. Kirk Spitzer prepare the data for the redistricting in accordance with statutory requirements.  Mr. Beauchamp said the cost was estimated from $5,000.00 to $10,000.00, to be determined from the number of hearings required and development of the preliminary data.  Comm. Stevens moved to approve the contract with Mr. Kirk Spitzer in conjunction with the school board for redistricting.  Comm. Parker seconded and the MOTION CARRIED.

LEASES AND RENTALS

Mr. Beauchamp presented the lease agreement with the University of Florida, Board of Trustees for the leasing space on the Cedar Key fishing pier at the old #4 Bridge for aquaculture studies.  Comm. Stevens moved to approve the lease agreement. Comm. Parker seconded and the MOTION CARRIED.

UNION

Mr. Beauchamp presented the three (3) year agreement with Local #630 for review and ratification.  Mr. Beauchamp explained the principal changes were a five (5) percent raise for the first year and economic factors will be considered for the next two years to determine the percentage of salary increase, providing a step-plan and pay grade classifications.  Mr. Beauchamp said an agreement had been reached to also allow overtime to accrue on a daily work day schedule.  Comm. Stevens moved to ratify the agreement with Local #630.  Comm. Parker seconded and the MOTION CARRIED

CONTRACTS AND AGREEMENTS

Mr. Beauchamp explained the contract with Geoengineering and Testing, Inc. was previously approved and an addendum was needed with the contract.  Mr. Beauchamp advised the contract and addendum was prepared for Chairman Yearty to execute (bc91801/DD560).

PROPERTY APPRAISER

Mr. Francis Akins advised the Reapportionment Committee will meet at the Harn Museum on October 17, 2001 and encouraged constitutional officers and the public to attend.

SALARY AND WAGES

Comm. Foley presented the following personnel actions:

    Malcolm R. Falls, Jr., promotion from Plan Examiner/Building Inspector II Grade 25 Step 7 at $13.5000 hourly to Plans Examiner/Building Inspector III Grade 58 Step 7 at $15.5000 hourly.

Comm. Foley moved to approve the promotion and salary increase. Comm. Parker seconded and the MOTION CARRIED.

    Ron Shilts, from Animal Control Officer II to Assistant Animal Control Director with a salary increase from $11.4143 to $11.9143.

Comm Foley moved to approve the salary increase and reclassification.  Comm. Parker seconded and the MOTION CARRIED.

    Grace Benton, Development Department, title change from Administrative Assistant III Grade 24 Step 3 to Office Manager.

Comm. Foley moved to table discussion on the title change for Mrs. Benton due to the broad scope of duties reflected in the job classification. Comm. Parker said the job description was compiled from information provided by Mr. Corbitt and Mr. Moody and was discussed with Mrs. Benton.

Mr. Beauchamp explained supervisory levels are not normally a part of the bargaining unit and would need coordination with the union.

Mr. Corbitt said he was concerned if Mrs. Benton was aware of this issue when accepting the supervisory position.  Comm Stevens seconded.  Comm. Stevens, Comm. Foley and Chairman Yearty voted YES, Comm. Parker voted NO and the MOTION CARRIED.  Chairman Yearty requested Mr. Corbitt review the job description with Comm. Foley and report on the findings.

ROAD AND BRIDGE DEPARTMENT

Comm. Foley submitted a proposed County Road Maintenance System Guidelines for review and approval.  Ms. Krista Kelly explained the guidelines allowed for MSTU’s , MSBU’s, and exceptions for roads that do not meet the 60 feet right-of-way from already platted subdivisions.  Comm. Stevens moved to approve the County Road Maintenance System Guidelines. Comm. Parker requested action be delayed to allow for the  full Board to be in attendance.  Comm. Stevens withdrew his action to approve the Guidelines.

VALUE ADJUSTMENT BOARD

Mr Shipp advised the Value Adjustment Board previously scheduled for October 15, 2001 has been rescheduled to Monday, October 22, 2001 at 9:00 a.m..

PLANNING, COUNTY

Ms. Kelly requested the cancellation of the workshop schedule for 1:00 p.m. for proposed revisions to the Land Development Regulations relating to mining.  Ms. Kelly said there were additional issues to clarify and incorporate into a draft revision prior to  review.

Mr. Mark Long requested a moratorium be enacted for all applications submitted for a mining permit until the workshops are completed.  Ms. Kelly explained the public requested a recommendation for a moratorium before the Planning Board at their public workshop and the Planning Board did not recommend issuing a moratorium, as any application that is submitted will be held until the workshops have been completed and action taken by the Board of County Commissioners.

Mr. Gilbert said a moratorium should not be declared as there is no showing of an emergency and commented on a convicted felon as a county employee and possible witness from the Planning Commission workshop.

Comm. Foley cited a scripture and advised  the representation of the county was by the county commissioners as a result of them being duly elected.

Mr. Beauchamp advised the purpose of the review of the Land Development Regulations regarding mining is for clarification and a moratorium would not be legally appropriate at this time.

Mrs. Sandy Fink said the residents were concerned that mining activities could be located in an area with natural resources such as springs and rivers.

Mrs. Karen Fishbaugh said concerned residents wanted assurance that a mine would not be located in the vicinity of Manatee Springs.

Chairman Yearty explained the intent is to protect and not adversely affect any areas with mining and it is not the intent to prevent mining in appropriate areas.

ZONING

Mr. Corbitt said the moratorium placed on Cedar Key Plantation will be expiring and  the developer Mr. Thompson should be appraised on the action the county will take for the purpose of issuing building permits.

Ms. Kelly said the moratorium would expire November 16, 2001.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                    W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court