REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

February 19, 2002

 The Regular Meeting of the Board of Levy County Commissioners was held on February 19, 2002 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Tony Parker
Vice Chairman  Danny Stevens
Comm.  Don Foley
Comm. Sammy Yearty
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. Foley moved to approve the following expenditures presented for payment. Comm. Yearty seconded and the MOTION CARRIED.

FUND                                                               AMOUNT
CHECK NUMBERS:   33910 - 34138

 

GENERAL FUND                                     $341,522.74

ROAD & BRIDGE FUND                             42,020.42

LOCAL HOUSING ASSISTANCE               27,765.00

LIBRARY FUND                                               3,700.24

MEDIATION                                                            11.18

FINE & FORFEITURE FUND                       23,281.38

LANDFILL & RECYCLING                         149,147.43

COURT FACILITIES                                         2,253.00

FLORIDA GRANT                                            7,057.57

EMERGENCY MEDICAL SERVICE          33,475.61

LOCAL LAW ENF BLOCK GRANT            24,458.00

SPECIAL CONSTRUCTION                       24,176.91

LOCAL CRIMINAL JUSTICE TR                  31,852.63

FIRE CONTROL                                             15,086.14

COUNTY COMMISSION                                    371.40

ST GRANT - JUVENILE JUSTICE                3,296.62

ADD REVENUE BOND                             393,695.71

UTILITIES FUND                                                 469.18

MSTU-HEATHERWOOD                               1,011.82

 

TOTAL                                                    $1,124,652.98

 

MINUTES

Comm. Yearty moved to approve the minutes of the regular meeting of February 5, 2002 and the special workshop meeting of February 8, 2002.  Comm. Foley seconded and the MOTION CARRIED.

LICENSES AND PERMITS

Mr. David Suro with Team Florida Cycling said they had a proposed cycling event scheduled for February 24, 2002 and were requesting a permit to hold the event in Levy County. Mr. Suro explained the course would begin at Henry Beck Park on LCR 342, traveling to LCR 337, to LCR 326 and finish at Henry Beck Park. Mr. Suro said they would begin setting up for the race at 7:00 a.m. and would be completed by 6:00 p.m. with the race beginning at 8:00 a.m. and ending at 4:00 p.m..  Mr. Suro explained insurance coverage is provided by USACycling their national governing body and the race is held in accordance with their rules.  Mr. Suro said there would be a lead vehicle, a rolling enclosure and a trail vehicle to provide safety for the racers and to alert traffic. Comm. Yearty moved to approve the permit for the race on February 24, 2002 on the condition that the Certificate of Insurance is on file prior to the race and notice provided to the Sheriff’s Office. Comm. Rooks seconded and the MOTION CARRIED.

ROAD AND BRIDGE DEPARTMENT

Mrs. Sue Beach Suggs, Gilchrist County Commissioners, said Shady Grove Road is adjoined by the two (2) counties and requested consideration of a partnership to pave the road.  Mrs. Suggs said Gilchrist County would provide the materials and prepare the surface,  if Levy County would provide the equipment and expertise to pave the road.  Mrs. Suggs explained there is development on both sides of the road and  there has been discussion of a proposed subdivision that would increase the vehicle traffic. Chairman Parker requested Mr. Kelly Jerrels to inspect the road and to report at the meeting of March 5, 2002.

MUNICIPALITIES

Mr. Jamie Griffin presented an interlocal agreement amending the previous agreement for animal control. Mr. Griffin explained the agreement was  changed to allow the County Animal Control Officers authority to operate within the Town of Bronson when called on an emergency basis.  Mr. Griffin said the Town of Bronson has enacted the ordinance to allow  the Animal Control Officers authority to be equally applicable and enforceable within the Town of Bronson.   Comm. Rooks moved to approve the interlocal agreement with the Town of Bronson for animal control as amended to provide County Animal Control Officers authority to act within the Town of Bronson. Comm. Stevens seconded and the MOTION CARRIED.

GRANTS

Mr. Griffin said he is applying for an economic development grant to extend water and sewer lines to his former restaurant on US Highway 19 located North of Chiefland and is requesting a Letter of Support to submit with the application.  Mr. Griffin explained the City of Chiefland has approved their  support including the possible future annexation of the area located within the Municipal Services District for Chiefland.

Mr. Earl Cannon said the city has provided support for the agreement of the possible annexation and is requesting the county’s support of the possible annexation. Comm. Rooks said there are reservations in agreeing to support the possibility of annexation without identifying the land owners in the proposed area and knowing their position on this request.  Comm. Rooks moved to approve a Letter of Support to provide water and sewer lines on the right of way of Old Fanning Road to Strickland Park for the  Economic Development Grant For Small Cities Community Development Block Grant. Comm. Stevens seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Griffin presented an interlocal agreement for the provision of sewer and water services in connection with the Florida Small Cities Community Development Block Grant in cooperation with the City of Chiefland. Comm. Stevens recommended withholding approval of the agreement until it has been approved by the City of Chiefland.  Comm. Rooks suggested the agreement be scheduled on the agenda for March 5, 2002 and allow the county attorney to review the agreement.

TAX ROLL

Mr. Fred Moody presented the following Certificate of Correction of Non-Ad Valorem Assessment Roll:

    Kevin Beckham, 5971 S. W. 103rd Terrace, Cedar Key, a mobile home located on Lots 11 and 12 has been removed from property and this is a separate parcel the his homestead. The request is to correct the assessment from one (1) unit to none.

 

Comm. Rooks moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Stevens seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES

Ms. Paula Edwards said federal funds have been awarded in the amount $24,642.00 and are part of the Emergency Management Prepared Assistance grant and requires action to accept the funds. Comm. Stevens  moved to accept the federal funds.  Comm. Rooks seconded and the MOTION CARRIED.

Ms. Edwards said the Governor’s Hurricane Conference will be held in Tampa and the budget allows for fifteen (15) functional personnel to attend. Comm. Rooks moved to approve the attendance to the Governor’s Hurricane Conference by necessary staff as budgeted.  Comm. Stevens seconded and the MOTION CARRIED.

Ms. Edwards explained Grubbs Disaster Service will hold a training session at the Emergency Operations Center on March 13, 2002 from 9:00 a.m. to 12:00 p.m. covering debris management, disaster operations, public assistance and reimbursement.  Ms. Edwards said they are recommending the attendance to the training session by Department Head personnel in Communications, Code Enforcement, Finance, Solid Waste and Roads.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow said the service contract for the heart monitors has increased to $6,822.70 for maintenance of the units.  Mr. Beddow explained the contract maintains the equipment, provides new software and maintenance to the batteries. Comm. Rooks moved to approve the service contract.  Comm. Stevens seconded and the MOTION CARRIED.

Mr. Beddow presented the January 2002, Run Report. Mr. Beddow explained a comparison will be submitted reflecting the runs for 2001 versus 2002 each month.

FIRE DISTRICTS

Mr. Mark Moore presented the fire contracts for the City of Fanning Springs and the City of Williston. Comm. Stevens moved to approve the fire contracts for Fanning Springs and Williston. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Moore requested approval to discuss a non-agenda item. Comm. Stevens moved to discuss a non-agenda item as requested by Mr. Moore. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Moore recommended using a prepared form  completed by the appropriate  Fire Chief when a request for a fire works demonstrations is made. Mr. Moore said the form would be completed by the Fire Chief and submitted to the Fire Advisory Board for review prior to being submitted for approval of the permit by the Board. Mr. Moore explained this would allow additional safety measures providing a detailed description of the pyrotechnics being used,  hours the fireworks would be shot and would  be used for all requests. Comm. Stevens recommended using a simplified form.

Mr. Vic Scott, Chairman of the Fire Advisory Board presented the proposed Fire District map. Mr. Scott explained the three (3) southern most departments have agreed to respond as a unit rather than delineating the lines in the southern  area. Comm. Stevens moved to approve the Fire District Map presented by the Fire Advisory Board.  Comm. Rooks seconded and the MOTION CARRIED.

LIBRARY

Mr. Tom Reitz said a policy needs to be established for Internet use to comply with the Children Internet Protection Act (CIPA) which requires the filtering of equipment at public library terminals.  Mr. Reitz said a public hearing needs to be held prior to the adoption of the policy.  Mr. Reitz explained a policy is necessary to continue eligibility the E-Rate discounts and additional federal grants.  Chairman Parker requested the public hearing be scheduled for March 5, 2002.

ROAD AND BRIDGE DEPARTMENT

Mr. Sammy Pruitt said Mr. Curtis Bill provided an inventory of Lawson Cabinet & Hardware Products  available for purchase of a variety of heater hoses, plastic air lines, socket extensions, wrenches, bolts and numerous items that are purchased annually for use at the Road Department. Mr. Pruitt explained the inventory is available for $12,000.00 and has a value of approximately $22,000.00. Mr. Pruitt said a complete inventory would be compiled and an  accounting maintained of the item being used.  Mr. Pruitt explained the purchase would be within the current budget for supply and equipment purchases and would provide supplies for several years and eliminate the necessity of the purchase of an item on an “as needed” basis. Comm. Yearty moved to authorize the purchase of the inventory from Lawson Cabinet & Hardware without solicitation of bids for the economic savings that will be realized with the purchase. Comm. Stevens seconded.  Comm. Foley declared a possible Conflict of Interest and the MOTION CARRIED.

BUILDING AND GROUNDS

Mr. Danny Shipp presented the plans for the construction of a sally port, holding cells and a single secured entrance into the court house. Mr. Shipp said Project 1 would be the installation of a chain link fence at the rear of the court house, with a covered area and slats to prevent inmates from seeing out and will allow increase security for the court house and the adjacent high school.  Mr. Shipp explained Project 2 will be remodeling the sally port that was constructed in 1994, and never used due to a design flaw. Mr. Shipp said three (3) holding cells will be constructed and will allow the holding of male, female and juvenile inmates awaiting court appearances. Mr. Shipp said the holding cells will hold 17 inmates, however, the Sheriff’s Office may have to transport more often if there are any women or juveniles appearing for court to allow for separation of the inmates. Mr. Shipp said Project 3 would consist on having only one (1) entrance into the court house to provide security for the entire building.  Mr. Shipp explained the entrance would be through the main lobby and all other exterior doors would have  alarms and cameras installed and would be emergency exits. Mr. Shipp said the security card system  installed in 1994 was being considered for the use by employees.

Judge Joseph E. Smith said he supported the recommendations and the additional security would protect the judiciary and public.

Mr. Shipp explained that Mrs. Jan Chesser of Court Administration is reviewing the possibility of “piggy-backing” with Alachua County for the architectural services.  Mr. Shipp said  if this is feasible under the terms of the grants being used from small county and court facility funds it would provide an economic savings.  Chairman Parker advised Mr. Shipp to proceed with the proposals as action was previously taken supporting the projects during the budget process.

SHIP

Mrs. Carol McQueen presented the following Satisfaction of Mortgage on Deferred Payment Loan agreements:

    Maggie Pearl Vinson

     

    Robert J. Klaeger and Lori Blythe, Lot 1, Quail

     

    Robert Calvin Smith and Elizabeth Elrod Smith, Lot 3 & 4, Block 67, Chiefland Development Company’s Addition to Chiefland.

     

    Flora B. Morrison, Parcel No. 1, of the unrecorded plat known as the Blunt property.

 

Comm. Rooks moved to approve the Satisfaction of Mortgages as described. Comm. Stevens seconded and the MOTION CARRIED.

Mrs. McQueen presented the following Deferred Payment Loan Agreements:

    Donna C. Anderson, 816 West Park Avenue, Chiefland, 0001.00 acres, tract 210' x 210' in NE 1/4 of SW 1/4 . OR Book 722, page 946 for $9,500.00.

 

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

    Alexandria W. Z. Paulsen, 306 NE 1st Avenue, Williston, Deed Book 743, Page 915, W 2 of tract 132' x 132' in SW of SE of Section 31, Township 12 South, Range 19 East, for $9,500.00.

 

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

GRANTS

Mrs. McQueen advised the Citizens Advisory Task Force (CATF) will be meeting and requested scheduling the first public hearing on March 5, 2002. Comm. Stevens moved to approve the scheduling of two (2) public hearings with the first hearing to be held on March 5, 2002 to proceed with the Community Development Block Grant (CDBG) application. Comm. Rooks seconded and the MOTION CARRIED.

Mrs. McQueen said the Federal Fair Housing Guidelines Presentation shown on the agenda will be held at the first public hearing for the Community Development Block Grant (CDBG).

ROADS, COUNTY

Mr. Warren Down requested a response on the paving of NW 71st Avenue in the Fanning Springs Annex. Mr. Douglas Ruth said the traffic has increased since NW 170th was paved and NW 71st Avenue is now used as a thoroughfare.

Mr. Beauchamp explained NW 71st Avenue is part of a Municipal Service Taxing Unit (MSTU) established when the developer platted the subdivision.  Mr. Beauchamp said a change in traffic patterns and the reasons causing the change should be reviewed.  Mr. Beauchamp explained the proposed ordinance amendment pertaining to the special assessments, including the MSTU’s, is being reviewed and workshops will begin in June to have approval by October 1, 2002.

Chairman Parker requested Mr. Justin Watson to have a report prepared for the next regular meeting concerning NW 71st Avenue.

ANIMAL CONTROL

 Mr. Fred Moody said the complaint by Mr. Down concerning barking dogs is being reviewed and will be reported on March 5, 2002.

CODE ENFORCEMENT

Mrs. Roberta Picard commended Mr. Mat Johnson on his enforcement of the Junk and Debris Ordinance and encouraged fiscal support for code enforcement.

SHERIFF

Sheriff Smith requested authorization to discuss a non-agenda item.  Comm. Stevens moved to discuss a non-agenda item at the request of Sheriff Smith. Comm. Rooks seconded and the MOTION CARRIED.

Mrs. Nicole Tummond requested authorization to apply for a 911 Wireless Communications grant.  Mrs. Tummond explained the grant is to assist bringing counties into compliance with the mandated Wireless Communications Act. Mrs. Tummond said if the grant was approved it would allow the purchase of hardware and software to provide mapping through 911 for the Phase II compliance.  Mrs. Tummond explained there are six (6) counties that are not compliant for Phase I and it appears any grants will probably be awarded to those counties and if the grant application was approved and the matching funds were not available the grant could be refused.

Comm. Yearty moved to approve the application for the grant funds for Wireless 911 Communications.  Comm. Foley seconded and the MOTION CARRIED.

COUNTY LAND

Mr. Beauchamp recommended the current policy for escheated lands be revised by drafting an ordinance to meet statutory guidelines for the disposition of escheated properties.  Comm. Foley moved to authorize the county attorney, Mr. Beauchamp to prepare a proposed ordinance to address the disposition of escheated lands and to discontinue the acceptance of any further applications/offers for escheated lands until the proposed ordinance is reviewed.  Comm. Stevens seconded and the MOTION CARRIED.

ATTORNEYS, COUNTY AND STATE

Mr. Beauchamp presented the following request for consideration on the Conflict Attorney List:

    Marcella Ann Beeching

Mr. Beauchamp said the request had been approved by the Administrative Judge and Chief Judge.  Comm. Rooks moved to approve Marcella Ann Beeching to the Conflict Attorney List.  Comm. Stevens seconded and the MOTION CARRIED.

TAX ROLL

Mr. Beauchamp presented the List of Lands Available for Taxes from the Tax Deed Sales of January 28, 2002 and February 11, 2002 that are now available for purchase by the county within ninety (90) days as submitted by Susan Haines, Deputy Clerk.

RESOLUTIONS

Mr. Beauchamp presented the resolution supporting House Joint Resolution 81 introduced in the 107th Congress, 1st Session on December 20, 2001 in the effort to reinstate prayer in public schools. Comm. Foley moved to adopt the resolution and send it to state and federal representatives. Comm. Yearty seconded and the MOTION CARRIED.

SALARY AND WAGES

Comm. Foley submitted the following recommendation for a salary increase:

    Roger Crews, Construction/Maintenance Department, currently Custodial Helper I at $9.408 per hour to Custodial Supervisor at $10.008 per hour effective the next pay period.

 

Comm. Foley moved to approve the salary increase and classification change.  Comm. Rooks seconded and the MOTION CARRIED.

Comm. Foley requested the salary increase for Donald Goode as shown on the agenda be postponed.

COMMISSIONERS

Comm. Foley requested discussion on a non-agenda item. Comm. Stevens moved to discuss the non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.

Comm. Foley said a review of the debt service schedule on the bond issue is currently at a six (6) percent interest rate and the interest being earned is two (2) percent.  Comm. Foley said incurring the penalty for an early payoff would still provide a savings from his computations. Comm. Foley said the penalty for early payoff will not be applicable after one (1) more year, but the additional revenue is currently being used to balance the budget and the bond is still owing and an early payoff could be in the best economic interest.  Comm. Foley recommended reviewing the debt service schedule.

Mr. Moody said the Road Policy is scheduled for a workshop on March 19, 2002 in response to Comm. Yearty’s request to place the issue on the agenda.

ORDINANCES

Mrs. Sandy Fink inquired when the next workshop will be scheduled for the mining ordinance.  Mr. Corbitt said the revisions from the first workshop have been incorporated into the draft and additional recommendations have been made since the meeting. Comm. Foley moved to discuss a non-agenda item concerning the proposed mining ordinance.  Comm. Yearty seconded and the MOTION CARRIED.

Comm. Foley moved to authorize Mr. Corbitt to proceed with the specific areas of concern for the proposed revision of the mining ordinance and provide options on specific concerns.  Comm. Yearty seconded and the MOTION CARRIED.

TAX COLLECTOR

Chairman Parker reconvened the meeting for a workshop concerning the procedures for levying a Local Option Tourist Development Tax and establishing a Tourist Development Council at 1:00 p.m..

Ms. Sarah M. Bleakley of Nabors, Giblin & Nickerson, P.A., explained a Tourist Tax commonly known as a “bed tax” generates a dedicated source of revenue to advertise and promote the growth of tourism within an area. Ms. Bleakley reviewed what is taxable and what is exempt from a Tourist Tax and the options in collecting the tax. Mrs. Bleakley said to proceed a Tourist Development Council would need to be established, an ordinance adopted by the Board of County Commissioners and placed on the ballot of a general election for approval by the voters. Ms. Bleakley said a Tourist Development Plan outlines the expenditure plan, expenditures for 24 months and a prioritized list of uses of the revenues with proper notification provided to the Department of Revenue and the Supervisor of Elections.

Mr. Jim Brantley said revenues from  gas and sales tax can be increased indirectly by a tourist tax when promoting and increasing tourism.

Mrs. Connie Asbell said with the issue would be on the ballot during a general election and would not incur additional costs.

Chairman Parker said the promotion of the natural resources would encourage tourism and generate additional revenue.

Mr. Doug King, Mr. Walt McJordan, Ms. Sherry Martin of VisitFlorida, Mr. Peter Zettler, Mrs. Carol McQueen spoke supporting the use of a tourist tax to encourage additional revenue in the promotion of the natural resources for tourism.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                    Tony Parker, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court

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