REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

November 20, 2001

            The Regular Meeting of the Board of Levy County Commissioners was held on November 20, 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

 

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

 

FUND                                                               AMOUNT
CHECK NUMBERS:                        32796 - 32934

 

GENERAL FUND                                     $240,697.10

ROAD & BRIDGE FUND                             80,451.52

LIBRARY                                                            5,492.65

E911 COMMUNICATIONS                                160.88

LANDFILL & RECYCLING                           15,125.35

COURT FACILITIES                                             13.16

FLORIDA POWER GRANT FUND                     61.71

EMERGENCY MEDICAL SERVICE           10,659.37

FIRE CONTROL                                                     50.00

ST GRANT - JUVENILE JUSTICE                 1,889.00

UTILITIES FUND                                                 492.34

                       

TOTAL                                                        $355,093.08

 

MINUTES

Comm. Parker  moved to approve the minutes of the regular meeting of November 6, 2001.  Comm. Stevens seconded and the MOTION CARRIED.

COMMISSIONERS

Chairman Yearty said an agenda policy was established February 20, 2001 and  recommended the following addendums to the policy:

 

    9.       Sign up sheet to be completed by all speakers.  Forms will be available at
               reception desk and the podium.

    10.     Allow five (5) minutes for any person speaking on a non-agenda topic. Board
               can take action to discuss non-agenda item or request it to be placed on
               agenda of regular meeting.

    11.     Speakers are to present relevant facts, issues, with no repetitious comments. 
               Chairman or Board member may ask for speaker to cease presentation.

    12.     Speakers requesting to be placed on the agenda will complete sign up sheet
               including documentation of topic to allow for staff response.  Time constraints
               may not allow time for staff to prepare a report until another regular meeting.

    13.     Public comments on topics under discussion are requested to be brief and
               concise.  Chairman or Board may request a speaker to reserve their comments
               until Public Presentations on non-agenda topics.

Mr. Dave Bibby suggested using a consent agenda for paying bills.  Mr. Bibby said this would allow inquiries on expenditures.  Mr. Fred Moody explained the use of purchase orders as proposed by the Clerk, Mr. Danny Shipp will be discussed and would address the issue of expenditures.

Mr. John King objected to item #11 and recommended its deletion.

Mr. Mike Bowdoin inquired who would be the arbiter on the relevancy.

Mr. Beauchamp explained the Chairman or Board would apply common sense and fairness on a case by case basis and there was no intent to stop public presentation.

Mr. Barney Cannon recommended an addendum that the speaker shall cease presentation when there are allegations without substantiation on person(s) not present or having the ability to defend the allegations.  Mr. Cannon said a caveat could be used to allow the Chairman or Board member to suspend a presentation with legitimate reason.

Mrs. Renate Cannon inquired on the behavior of the speaker, the authority to remove a speaker from the proceedings and the immunity from slander.

Mr. Beauchamp explained the intent of the Addendum to the Agenda Policy is to provide for an organized meeting and is a compilation from other municipalities and commissions policies tailored to meet the requirements of this commission.

Mr. Moody advised Public Comments have been added to the agenda.

Comm. Stevens explained the policy can be modified as needed.  Comm. Parker  said the policy would not restrict public response, but establishes a procedure.  Comm. Stevens moved to approve the addendums to the Agenda Policy[1].  Comm. Foley seconded and the MOTION CARRIED.

[1] Agenda Policy

MISCELLANEOUS

Mr. C. W. Gilbert commented on the salary increases approved for  the department heads, their entitlement to the increases, submission of performance evaluations and requested rescinding the approved salary increases. Mr. Gilbert inquired into the status on refunding special assessments.  Mr. Beauchamp explained in previous litigation the county’s position was upheld  and is currently in litigation at the appellant level.

Chairman Yearty advised improprieties should be directed to the appropriate agencies with supporting documentation.

CONTRACTS AND AGREEMENTS

Mr. Lannie Cardona presented the contract and resolution  with the State for  upgrading LCR 341 and LCR 214 for the Biomass Technology, Inc. project.  Mr. Cardona explained clarification of the contract  was obtained to determine there would not be any liability until Biomass Technology had obtained proper permitting.  Comm. Stevens moved to approve the contract and adopt the resolution. Comm. Rooks seconded and the MOTION CARRIED.

TAX COLLECTOR

Mrs. Linda Fugate requested written permission to retain past excess fees collected by the Tax Collector’s office through February, 2002.  Mrs. Fugate explained the auditor has recommended this action to allow her office to operate.  Mrs. Fugate said there will be distributions through December of approximately $68,000.00. Comm. Stevens moved to approve the retention of the excess fees as requested by Mrs. Fugate.  Comm. Parker seconded.

Mrs. Fugate explained the Tax Collector’s office is a “fee office” and operates it budget on fees collected and any unused fees are returned to the county and the MOTION CARRIED.

ROAD MAINTENANCE

Mrs. Mary Jackson requested the paving of SE 196th Avenue in Morriston.  Mrs. Jackson said other roads are being paved in the Small Farms and Happy Acres subdivisions and SE 196th Avenue and SE 195th Avenue are entrances to Happy Acres.

Mrs. Jackson explained there has been a problem with junk and debris in their neighborhood and Mr. Matt Johnson, Code Enforcement, has responded.  Mr. Moody reported the court docket is now ready to accept filed complaints and the property owner has been contacted and commenced  clean up of the property.

Mr. Charles Jackson said the property was being used as a junk yard and the zoning does not allow junk yards.

COUNTY EMPLOYEES

Mr. Dan Ward explained recent tax changes for Deferred Compensation Plans are being implemented. Mr. Ward said there is a 401-A Sick Pay Deferral Plan, a new limit on employee contributions and the ability to save on payment of federal income tax, medicare and FICA  upon separation of service.  Mr. Ward advised additional information will be presented for employees. Mr. Shipp said a committee needed to be established to review the proposals.  Chairman Yearty appointed Comm. Rooks, Mr. Shipp, Mr. Moody and Sheriff Smith to review the proposals.

COMMISSIONERS

Mr. Kurt Spitzer presented a revised map of the redistricting for the County Commission and School Board districts.  Mr. Spitzer explained there were some boundary adjustments and all districts are within the acceptable range.  Mr. Spitzer said there are advantages in  the districts to being coterminous but  would not recommend using the same district numbering.  Mr. Spitzer explained the Supervisor of Elections had indicated the elections of the Commissioners and School Board members are not the same for each district and would create a disruption in election cycles.

Comm. Rooks recommended allowing the public to review the proposed map and then arrange for tentative adoption.  Comm. Rooks moved to consider adoption of the proposed redistricting map on December 18, 2001. Comm. Stevens seconded and the MOTION CARRIED.

UTILITIES

Mr. Chris Kearby explained Florida Gas Transmission Company will be installing a 36" natural gas line, paralleling the existing line.  Mr. Kearby said they will be boring under a number of roads at a minimum depth of 3'.  Mr. Kearby explained they should not be going through any environmentally sensitive areas but would mitigate damages  with the state and county if necessary.  Mr. Kearby said Florida Gas Transmission Company has been operating in the state since 1959 and will be providing service to commercial entities.

COMMISSIONERS

Mr. John King inquired on the response to Mrs. Renate Cannon’s by Mr. Beauchamp  and not the Chairman.  Chairman Yearty directed Mrs. Susan Haines to read the record indicating Mrs. Cannon’s inquiry was directed to Mr. Beauchamp.

Mr. Dave Bibby said Mr. Beauchamp responds to public and private inquiries and respects that. Mr. Bibby recommended adopting Robert’s Rule of Order for conducting meetings.

Mrs. Mary Jackson commended Mrs. Joydel Hartley’s assistance at the reception area.  

TAX ROLLS

Mr. Fred Moody presented the following requests to purchase escheated lands:

    W & J Development - bid amount $200.00 per parcel -

      09376-011-00 Oak Ridge Estates, Block 4, Lot 2

      09380-017-00 Oak Ridge Estates, Block 28, Lot 12

      09400-000-00 Oak Ridge Estates, Block 52, Lot 1

      09402-026-00 Oak Ridge Estates, Block 54, Lot 27

      09409-001-00 Oak Ridge Estates, Block 61, Lot 2

      09393-020-00 Oak Ridge Estates,   

    James and April Hathcox - bid amount $200.00 per parcel -

      4005513.000 1986 08768-000-00, Leg Cedar Key Dock 10 Track - tabled

      for action at a later date.

    Mary R. Golding - bid amount $200.00 per parcel -

      Parcel #1682-3 Tract 105 x 105 ft. in SW 1/4 of SW 1/4, OR Book 38, Page 598 & 599.

      Parcel #9372-10

      Parcel #9411-4

      Parcel #9411-20

Comm. Stevens moved to accept the bid offers of W & J Development and Mary R. Golding and approve the Deeds of Conveyance.  Comm. Rooks seconded and the MOTION CARRIED.

EQUIPMENT

Mr. Moody explained the quote for the D5W bulldozer to be used in Devil’s Hammock accepted on November 6, 2001 from Ring Power Corp. was not on the state contract and recommended rescinding the action to purchase the bulldozer.  Mr. Moody recommended extending an Invitation to Bid for a bulldozer.  Comm. Foley moved to rescind the action to purchase a bulldozer from Ring Power Corp. and to extend an Invitation to Bid.  Comm. Stevens seconded and the MOTION CARRIED.

BUDGET

Mr. Moody said the committee and department heads had discussed the purchase order policy and recommended instituting the purchase order policy presented by Mr. Shipp at the November 6, 2001 meeting.  Mr. Moody explained the policy as follows:

 

  1. Purchases up to $2,500.00, approval by Department Head.
  2. Purchases $2,500.00 to $5,000.00, approval by Board of County Commissioners.
  3. Purchases $5,000.00 to $10,000.00, approval by Board of County Commissioners and three (3) quotes.
  4. Purchases over $10,000.00, approval by Board of County Commissioners and Invitation to Bid.
  5. Emergency purchases $2,500.00 to $5,000.00, approval by the Clerk, Mr. Shipp; County Administrator or Assistant County Administrator, Mr. Moody; a County Commissioner and the appropriate Department Head.

 

Comm. Stevens explained an emergency purchase would be based on the health and welfare of citizens or detrimental conditions necessitating the emergency purchase.  Comm. Parker moved to adopt the Purchase Order policy. Comm. Foley seconded.  Mr. Moody explained in some cases it may not be possible to secure three (3) quotes for unique purchases and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Mark Moore presented the fire contract with Rosewood Volunteer Fire Department.  Comm. Rooks moved to approve the contract.  Comm. Parker seconded and the MOTION CARRIED.

Mr. Moore presented the fire contract with the Town of Inglis Volunteer Fire Department.  Comm. Rooks moved to approve the contract.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moore explained the fire contract with the City of Fanning Springs had been received with changes.  Mr. Beauchamp said the City of Fanning Springs amended the paragraph pertaining to the accounting function and the intent was to uniformity  with all  Volunteer Fire Departments and recommended allowing Mr. Moore to discuss the changes with the City of Fanning Springs.  Comm. Stevens moved to table any action on the fire contract with the City of Fanning Springs until the next regular meeting.  Comm. Rooks seconded and the MOTION CARRIED.

COUNTY FIRE CHIEF

Mr. Moore presented the monthly  responses by the Volunteer Fire Departments.

Mr. Moore said the assessments for fire protection need to be increased to provide additional funding for the fire departments.  Mr. Moore explained there has been one (1) increase in the last ten (10) years.

Mr. Beauchamp said the fire assessment is a part of the special assessment process currently being revised and prepared for public hearings.  Comm. Stevens said a decision is needed concerning the increase in assessment fees and this would  allow the updating of equipment and operating expenses.  Mr. Beauchamp recommended Mr. Moore compile  a proposal providing a recommendation for an increase in the fire assessment.

LIBRARY

Mr. Tom Reitz advised the E-Rate payment from BellSouth and Sprint for telephone service will be $13,217.79 for the second half of the fiscal year.  Mr. Reitz said the application for the Billed Entity Applicant Reimbursement Form needs to be submitted for  the new fiscal year.  Comm. Rooks moved to approve the application for the E-Rate reimbursement.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Reitz presented a procedure for the Re-evaluation of Library Materials[2] prepared by the Library Advisory Board for objections by patrons to library selections.  Comm. Stevens moved to approve the policy for the Re-evaluation of Library Materials.  Comm. Rooks seconded and the MOTION CARRIED.

[2] Procedure for Re-evaluation of Library Materials

Mr. Reitz presented the 2001-2002 Annual Plan of Service for the Public Library system.  Mr. Reitz explained this was a rewrite of the previous Plan of Service and will focus on improving the collections, utilize technology, public relations and services.  Comm. Stevens moved to approve the 2001-2002 Annual Plan of Service. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Reitz said Walmart has donated $400.00 for the Chiefland Library and $300.00 for the Bronson Library and requests authorization to accept the donations.  Comm. Rooks moved to accept the donation of $700.00 from Walmart.  Comm. Stevens seconded and the MOTION CARRIED.

ROAD MAINTENANCE

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

    LCR 379 (SE 194th Avenue) located in Small Farms Unit 2 for ½ mile and 16 residences.

Comm. Parker moved to approve placement on the paving list.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson explained a paving project is currently underway on an adjacent street and requested permission to pave SE 194th Avenue while the equipment is in area. Comm. Parker moved to pave SE 194th Avenue with the current paving project.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson reported the heavy truck traffic will continue on LCR 464 for an additional sixty (60) days and recommended delaying resurfacing and widening of the road until the heavy truck traffic has ceased.

    LCR 444 (NW 40th Street, NW 100th Avenue, NW 45th Street), with a traffic count of 174 from December 1, 2000 to December 4, 2000.

Comm. Rooks moved to place LCR 444 on the paving list.  Comm. Parker seconded and the MOTION CARRIED.

Mr. Watson presented the following request for placement in the maintenance system:

    NW 57th Court for a distance of 0.36 miles, six (6) residences, beginning at LCR 442 (NW 30th Street) continuing north to the dead end of the roadway.

Comm. Rooks moved to accept NW 57th Court into the maintenance system subject to obtaining all of the right of way deeds.  Comm. Stevens seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Comm. Rooks moved to discuss a non-agenda item pertaining to the agreement with the City of Newberry. Comm. Parker seconded and the MOTION CARRIED.

Mr. Beauchamp presented the interlocal agreement with the City of Newberry to maintain the roadway known as SW 296th Street by the City of Newberry and NE 70th Place by the county and the City of Newberry will compensate for maintenance costs.  Mr. Beauchamp recommended an effective date of January 1, 2002 for the agreement approved on November 6, 2001.

ROAD MAINTENANCE

Comm. Parker moved to discuss a non-agenda item concerning the paving of SE 196th Avenue. Comm. Stevens seconded and the MOTION CARRIED.

Comm. Parker requested Mr. Watson prepare a traffic and house count on SE 196th Avenue and report on his findings at the December 4, 2001 meeting.

ATTORNEY, COUNTY AND STATE

Mr. Beauchamp presented the following request for placement on the dependency attorney list:

    R. Mitchell Prugh

Mr. Beauchamp explained the request has been approved by Administrative Judge, Frederick D. Smith and Chief Judge Stan R. Morris.  Comm. Rooks moved to approve Mr. Prugh’s appointment to the dependency attorney list. Comm. Stevens seconded and the MOTION CARRIED.

ROAD CLOSING

Mr. Beauchamp presented the following request for a public hearing to close the following roadway:

    That certain part of South Shady Lane (NE 132nd Lane) lying East of the intersection with Cypress Lane (NE 18th Terrace) and lying West of NE County Road 339, all lying and being in the South Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 18, Township 11 South, Range 16 East, Levy County, Florida, and shown on the Plat of Gleason’s Trailer Village, a subdivision as per plat thereof as recorded on Plat Book 3, Page 2 of the Public Records of Levy County, Florida.

Comm. Rooks moved to adopt the resolution for the proposed road closing with the public hearing to be held on January 8, 2002.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Beauchamp requested discussion and action on a non-agenda road closing advertised for public hearing.  Comm. Rooks moved to discuss the non-agenda item.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Beauchamp explained the road closing was an easement as advertised for the following:

    An easement for Ingress, Egress and Public Utilities 30 feet in the width and lying 15 feet on each side of the common line between Lot 4 and Lot 5 of Old Clay Landing as per plat thereof recorded in Plat Book 8, Page 26 of the Public Records of Levy County, Florida.

Comm. Rooks moved to adopt the resolution approving the closing of the easement.  Comm. Stevens seconded and the MOTION CARRIED.

PARKS AND RECREATION

Mr. Beauchamp reported the request for the sale of beer in the South Levy Recreational Park if approved would violate current ordinances of alcoholic beverages in county parks. Comm. Stevens moved to deny the request for the sale of beer at the South Levy Recreation Park during the Moving Wall exposition.  Comm. Rooks seconded and the MOTION CARRIED.

APPOINTMENTS

Comm. Parker moved to appoint Vaughn Lee to the Planning Board.  Comm.  Stevens seconded and the MOTION CARRIED.

LEGISLATIVE

Comm. Rooks reported on the proposed controversy among the state and local levels of the placement of additional financial burdens at the local level.  Comm. Rooks encouraged citizens to contact their Legislative Delegation concerning the shifting of additional financial burden at the local level.

ROAD AND BRIDGE DEPARTMENT

Comm. Rooks explained the proposed Road Policy needs additional clarification on Type II Subdivision roadways, current county roads at less than the minimum right of way of 60' and the handling of MSTU’s and MSBU’s.  Comm. Stevens recommended a separation of the issues for paving and the criteria for placement on the  paving list.

PLANNING, COUNTY

Mr. Moody advised a public hearing concerning the Devil’s Hammock management plan with the Suwanee River Water Management District will be held before the Planning Board on December 3, 2001 and the Board of County Commissioner’s on December 18, 2001.

COMMISSIONERS

Comm. Rooks advised the Association of Counties is requesting the Legislature to continue payment in lieu of taxes on state tracts of land.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

                                                                              

                                                                                           W. S. Yearty, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court