REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 2, 2002
The Regular Meeting of the Board of Levy County Commissioners was held on April 2, 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 Comm. Foley followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 34556 - 34746
GENERAL FUND $753,271.94
ROAD & BRIDGE FUND 42,536.49
LOCAL HOUSING ASSISTANCE 19,806.00
LIBRARY FUND 3,787.11
MEDIATION 109.43
FINE & FORFEITURE FUND 8,260.15
LANDFILL & RECYCLING 10,646.45
COURT FACILITIES 1,343.90
FLORIDA POWER GRANT FUND 1,836.72
EMERGENCY MEDICAL SERVICE 17,604.19
SPECIAL CONSTRUCTION 21,802.82
CRIMINAL JUSTICE 75.38
FIRE CONTROL 14,651.09
COUNTY COMMUNICATIONS 578.74
ST GRANT - JUVENILE JUSTICE 172.92
ADD REV BOND DEBT SERVICE 145,914.43
UTILITIES FUND 1,354.51
MSTU-HEATHERWOOD 1,579.86
TOTAL $1,045,332.13
MINUTES
Comm. Rooks moved to approve the minutes of the regular meeting of March 19, 2002, the special workshop of March 21, 2002 and the special meeting of March 26, 2002. Comm. Stevens seconded and the MOTION CARRIED.
BUILDING AND GROUNDS
Mr. Danny Shipp presented an agreement for architectural services for basic services to remodel the sally port. Mr. Shipp explained the services are "piggy-backed" with Alachua County for a savings in obtaining the services which include the design drawings, soliciting the Invitation to Bids and to oversee the construction of the project. Comm. Yearty moved to accept and approve the agreement for architectural services with Skinner Vignola McLean, Inc. of Gainesville, Florida. Comm. Stevens seconded and the MOTION CARRIED.
AGENCIES
Mr. Barney Bennett, Suwannee River Water Management District, presented an interlocal agreement to allow the Water Management District to place a marine sanitary pump station on the Cedar Key pier. Mr. Bennett explained they would install the pump and be responsible for all maintenance and repair costs for five (5) years and at the end of that time would continue to operate the pump, relinquish ownership to the county, if desired or remove the pump. Mr. Bennett said the request includes the county allowing the electrical hook up and being responsible for the cost of the electricity consumed.
Mr. Beauchamp recommended a mutual indemnity and hold harmless clause be included in the agreement. Comm. Rooks moved to approve the interlocal agreement with Suwannee River Water Management subject to the recommended changes and final review by the county attorney. Comm. Stevens seconded and the MOTION CARRIED.
ROADS, COUNTY
Mrs. Laura Fisher inquired into the status of the paving of LCR 117 and the reliability of the paving work being completed as voted on in August, 2001.
Mr. Kelly Jerrels said road paving work was commenced in Small Farms in the southern portion of the county and should be completed within four (4) to (5) days and then the rebuilding of LCR 464 was next on the schedule.
Comm. Stevens explained the paving of LCR 117 had been approved and the work crews commenced on the roads in Small Farms while the utilities were being moved on LCR 117. Comm. Stevens said the damage to LCR 464 requires it to be addressed immediately to minimize the legal liability existing for a paved road.
Chairman Parker said action was taken to rebuild LCR 464 and then proceed to LCR 117. Chairman Parker explained the delay has not been intentional but is a result of economically organizing the work projects.
Mr. Edward Johnson said the residents were concerned if the road was going to be paved as voted on.
Comm. Rooks moved to proceed with the paving of LCR 117 upon the completion of the road work on LCR 464 if funding is available for the project and there is not an undue emergency. Comm. Stevens seconded. Comm. Rooks recommended Mrs. Laura Fisher be the contact for the Road Department to inform the residents on LCR 117 of any changes and the MOTION CARRIED.
Comm. Stevens said the Road Department had pictures reflecting the poor condition of LCR 464.
Mr. Jay Herrington said the dust conditions on LCR 117 are a concern of the impact to residents with health problems.
COMMISSIONERS
Mr. C. W. Gilbert commented on Comm. Rooks actions assisting Mr. Herman Hirschberg and then being named as a Personal Representative of his estate and a beneficiary of his estate with Mr. Jack and Darlene Meeks. Mr. Gilbert said Mrs. Mary Golding unfairly used her position and Mrs. Susan Haines was concerned about his discussions when he was in the court house.
Mr. Beauchamp explained Mr. Gilbert was aware of the correct procedures and the proper avenues to follow for his complaints.
Mrs. Mary Golding responded to Mr. Gilbert's comments.
Pastor Williams of New Hope Baptist Church said Comm. Rooks has performed her duties as commissioner and complaints should be directed to the proper agencies.
Reverend Robert Scott said the NAACP commended the support Comm. Rooks has given as a Commissioner and legitimate complaints should be directed to the correct authorities.
Mr. Charles Green commented on Mr. Gilbert's presentations to the commission at the regular meetings.
Mr. Walt McJordan said allegations can affect a variety of people and complaints should be placed before the proper agencies.
Comm. Rooks read a written statement in response to the comments of the meeting.
ZONING
Mr. Rob Corbitt presented the following petition for a Hardship Variance:
Petition No. HA VA - 02-02 --Julian Rain petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother, Mary L. Ingram, on a parcel of land located in the NE 1/4 of the SE 1/4 of the NE 1/4 of Section 14, Township 11 South, Range 14 East, in Levy County. Said parcel contains ten (10) acres more or less and is located within a Agriculture/Rural Residential "A/RR" zone. The parent parcel number is 00619-000-00 and the current 911 address is 13690 NW 60th Avenue.
Mr. Corbitt said the request had been investigated and there was no opposition received.
Chairman Parker called for opposition and none was presented.
Mr. Christopher Rains said allowing the request would reduce the stress his father and mother have in taking care of his grandmother. Comm Foley moved to approve the Hardship Variance. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for Preliminary Plat:
Petition No. PP-0256 - Danny Croft, Emerald Coast and Associates, representing Kenneth Toombs, petitioning the Board for a Preliminary Plat, a Replat of Lot 1, Block A, Cedars Mobile Home Paradise, in Section 36, Township 14 South, Range 13 East, in Levy County, said parcel contains two (2) acres more or less and is located within a Commercial "C-2" zone. The parcel number is 17461-000-00 and the Planning Commission recommends approval.
Comm. Rooks moved to approve the Preliminary Plat, replatting Lot 1 Block A, Cedars Mobile Home Paradise to two (2) one (1) acres lots. Comm. Stevens seconded and the MOTION CARRIED.
Mr Corbitt presented the following petition for a Change of Zoning:
Petition No. CZ 1-02 - Walton McJordan, petitioning the Board for a Change of Zoning from C-2 to C-3 to allow an Auto Sales, no repair, on a parcel of land located in that portion of the East ½ of the NW 1/4 of the SW 1/4 of Section 36, Township 14 South, Range 13 East, in Levy County. The parcel contains 2.30 acres more less. The parcel number is 00297-002-00 and the Planning Commission recommends approval.
Mr. Corbitt explained the parcel includes Cypress Station and no opposition has been presented. Comm. Rooks moved to approve the petition for a Change of Zoning to C-3. Comm. Yearty seconded and the MOTION CARRIED.
PERMITS
Mr. Ivan Chubb said the VFW Post would like to obtain a permit for a temporary power pole on the property of their future Post home. Mr. Chubb said they have had a Conestoga wagon donated and would like to be able to have fund raisers, and a place for people to meet.
Mr. Corbitt explained a 90 day permit could be provided and during the interim the application for a Conditional Use permit could be submitted to allow notification of all residents in the vicinity.
Mr. Chubb said the City of Williston has provided a letter of no objection to the site. Comm. Stevens moved to allow Mr. Corbitt to issue the 90 day permit within his authority to assist the VFW at Mr. Chubb's request. Comm. Rooks seconded and the MOTION CARRIED.
MISCELLANEOUS
Chairman Parker called for Mr. Paul Sache. Mr. Moody said Mr. Sache had requested to be removed from the agenda and would reschedule at a later date to discuss the policy of employees driving county vehicles to and from work and code enforcement.
PERMITS
Reverend L. B. Nelson said their church located at 330 North Pine Street in Bronson needs to be reroofed and is requesting the permit fee be waived.
Mr. Corbitt said there is not a policy established to allow the permit to be waived and for the size of the church it would be a $37.00 permit fee. Mr. Corbitt explained he would contribute a portion of the permit fee. Comm. Rooks said personal contributions would be made for the permit to re-roof the church.
FESTIVALS
Mr. Eddie Enright requested authorization to place two (2) banners on LCR 40 to welcome visitors to the 5th Annual Vietnam Veterans "Gathering" featuring "The Moving Wall" being held June 7th, 8th, and 9th. Mr. Enright said the banners would be placed over the highway approximately seven (7) to ten (10) days prior to the gathering and would be removed on June 10th. Comm. Yearty moved to allow the banners to be placed over LCR 40 in accordance with the Road Department regulations. Comm. Rooks seconded and the MOTION CARRIED.
MUNICIPALITIES
Comm. Rooks moved to discuss a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Drummond said the City of Chiefland was asking for assistance in the construction of two (2) fields at Charles Strickland Recreational Park. Mr. Drummond explained an earth moving pan and operator would be needed for approximately ten (10) days and a motor grader and operator would be needed for approximately six (6) days. Comm. Rooks moved to provide the assistance requested by the City of Chiefland for the construction of two (2) additional fields at Charles Strickland Recreational Park. Comm. Stevens seconded.
Mr. Danny Shipp said a determination was needed if the funds were going to be used from the gas tax or the General Fund or if the time and equipment is to be donated. Comm. Rooks amended her action to provide the assistance requested to the City of Chiefland to be deducted from the General Fund and reimburse the Road Department of the cost. Comm. Stevens amended the second and the MOTION CARRIED.
ADDRESSING 911
Mr. Tim Horne said Mr. C. W. Gilbert had presented information obtained from 911 Addressing that a construction permit had been applied on the behalf of Tim and Tina Horne and had alluded that an exception had been made on the construction permit. Mr. Horne explained the construction was applied for by his sister to replace a mobile home unit that had been removed from the property by his brother in 2000. Mr. Horne explained he had not resided on the property since 1997 and the 911 Addressing records provided by Ms. Tonee Fallender were incorrect.
COMMISSIONERS
Mr. Horne said Mr. Gilbert has questioned the employment of his wife with the county continuously and as the county was an Equal Opportunity Employer, employees should be protected from harassment.
PERMITS
Mr. Moody said the Florida Pyrotechnic Arts Guild, Inc. has provided proof of insurance and have requested reconsideration of the time for the shooting of their fireworks to 11:00 p.m.. Mr. Moody said they have made the request since Daylight Savings Time (DST) will be in effect and the hour to darkness will be later. Comm. Yearty moved to leave the hours for the shooting of fireworks from 6:00 p.m. to 10:00 p.m. as previously approved since proper notification can not be given to surrounding residents. Comm. Stevens seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Moody presented the following Certificate of Corrections of Non-Ad Valorem Assessment Roll:
Alfred W. Sakowski, III, 5551 NW 135th Street, Chiefland, requesting correction from two (2) units to one (1) unit, mobile home is used for storage only and not hooked to water.
Mr. Moody said the site had been inspected and the recommendation is to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Yearty moved to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Foley seconded and the MOTION CARRIED.
Walter and Donna Zenczak, located in Ocala Highlands West, Block 17, Lot 11, amended from one (1) unit to none with the applicant advising the unit is not certified for occupancy and no utilities present.
Mr. Moody said the property was inspected and the mobile home is set up for occupancy and appears that generators are used at the site and the recommendation is to deny the request for the Certificate of Correction on Non-Ad Valorem Assessment. Comm. Yearty moved to deny the request for the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Stevens seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Rob Corbitt presented the Levy County Road Maintenance Systems Guidelines as revised from the workshop. Mr. Corbitt said a glossary was added and the substantive changes were defining collector road ways. Chairman Parker requested Mr. Corbitt to provide revisions of the guidelines reflecting the revisions and place it on the agenda for action at the next regular meeting.
LIBRARY
Mr. Tom Reitz said the Library Services and Technology (LSTA) grant application has been completed and the requested amount will be $36,645.00. Mr. Reitz said the grant assists in promoting reading among small children and partnerships have been obtained with child care centers and other entities.
SHIP
Mrs. Carol McQueen presented the amended changes to the Housing Assistance Plan (HAP). Mrs. McQueen said the amendments clarified and defined the plan and did not change the substance of the plan. Comm. Yearty moved to approve the amendments to the Housing Assistance Plan (HAP). Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen presented the following Deferred Payment Loan Agreements:
Gerald R. and Lataya Coleman, Lots 13 and 14, Block 7, Green Highland Park, according to the plat thereof recorded in Plat Book 1, Page 53, Public Records Levy County for $9,500.00.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Todd and Jacqueline Smith, the west 80 feet of Lots 15 and 16, Block 4, Oak Villa, according to the plat thereof recorded in Plat Book 1, Page 39, Public Records Levy County for $8,100.00.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
FESTIVALS
Mrs. McQueen said the NatureFest was held April 5, 2002 and was hosted by Dixie, Gilchrist and Levy Counties at Fanning Springs State Park and had the dedication of the Nature Coast Trail. Mrs. McQueen said the collaboration of the three (3) county commissions have allowed this recreational enhancement to the tri-county area.
Mrs. McQueen said the Williston Air Show will be held April 13 and 14.
GRANTS
Mrs. McQueen said the next public hearing for the Citizens Advisory Task Force (CATF) will be held at the next regular commission meeting. Mrs. McQueen said the Citizens Advisory Task Force (CATF) has one (1) vacancy. Comm Rooks moved to hear a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED.
Chairman Parker said Mr. Fred McKeon has indicated he would serve on the Citizens Advisory Task Force (CATF). Comm. Yearty moved to appoint Mr. Fred McKeon to the Citizens Advisory Task Force. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen said some Community Development Block Grant funds may be deobligated.
ROAD AND BRIDGE DEPARTMENT
Mr. Justin Watson said the Levy County Archives had requested the posting of signs identifying the locations of the rural cemeteries. Mr. Watson said the signs would only be posted on county roads if the request was approved. Comm. Yearty moved to approve the construction of signs and posting them designating the rural cemeteries on county roads. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Watson requested authorization to issue an Invitation to Bid for two (2) mowing tractors and one (1) mower. Mr. Watson said the Invitation to Bid would be for a 15" mower and for the tractors to have cabs, four-wheel drive and air conditioning. Mr. Watson said the purchases had been allowed for in the budget. Comm. Yearty moved to advertise the Invitation to Bid for the two (2) tractors and one (1) mower. Comm. Stevens seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Watson said a review of the roads in the Municipal Service Taxing Units (MSTUs) reflect that there is not another road currently in the system that compares to NW 71st Avenue in Fanning Springs. Mr. Watson said NW 71st Avenue serves four (4) subdivisions and is also used as a Collector II roadway with a traffic count that exceeds the threshold amount and is becoming a major collector. Comm. Foley moved to remove NW 71st Avenue as a MSTU road way due to the unique circumstance of it becoming a major collector roadway serving more than four (4) subdivisions and place it on the paving list. Comm. Yearty seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Comm. Yearty moved to discuss non-agenda items presented by Mr. Watson. Comm. Foley seconded and the MOTION CARRIED.
Mr. Watson said the City of Bronson has requested survey work at the Recreation Park for the installation of a water system where they are constructing a new ball field. Comm. Yearty moved to approve the request to provide the survey work for water lines at the Recreation Park. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Watson said Mr. Rex Stevens has requested permission to make road cuts on LCR 502 and LCR 553 for irrigation pipe and will then pave the road cuts. Mr. Watson said the normal procedure is an underground bore under the roadway. Mr. Watson said the underground is flint rock and there is a high pressure gas line and sewer line parallel that could be punctured if the underground boring was allowed. Mr. Watson explained for reasons of safety he recommended allowing the road to be cut and the work be done by a licensed contractor.
Comm. Stevens declared a Conflict of Interest stating Mr. Rex Stevens is a relative and his employment with the City of Williston. Comm. Yearty moved to allow Mr. Rex Stevens to have a licensed road construction contractor cut the road for the irrigation pipe rather than boring due to the underground high pressure gas line, sewer line and fiber optic cable that could be damaged by boring. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Mr. Watson explained the road projects for the Small County Road Assistance Program grant needed to be submitted listed on a priority basis. Comm. Rooks recommended submitting CR 345 to SR 24 (12-19 miles) and CR 341 from US 19 to Gilchrist County (6 miles) for the 100 % funded grant. Comm. Yearty moved to submit CR 345 as the first priority and CR 341 as second for the Small County Road Assistance Program grant. Comm. Rooks seconded and the MOTION CARRIED.
TAX ROLL
Mr. Greg Beauchamp presented the List of Lands Available For Taxes from the Tax Deed Sale of March 25, 2002 as submitted by Mrs. Susan Haines, Deputy Clerk.
COUNTY EMPLOYEES
Mr. Beauchamp recommended establishing an Employee Complaint Review Committee comprised of the Department Head, Administrative Staff, Commissioner over Personnel, Complainant, Citizen Representative and Union Representative, if applicable, to review citizens complaints against an employee. Mr. Beauchamp presented a recommendation that would require the Complainant to complete a written complaint with supporting documentation that would be submitted to the Review Committee and if the Complainant was not satisfied with the results the Review Committee findings would be presented to the Board of County Commissioners. Comm. Rooks moved to establish a Personnel Review Committee for complaints directed toward employees effective April 2, 2002. Mrs. Sandy Fink said she would serve as the Citizen Representative. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Beauchamp said Comm. Stevens had requested a review of the Florida Statute relating to the abatement of nuisances if there is a site subject to repeat criminal activities. Mr. Beauchamp said additional information on the procedure to enact an ordinance to establish a mechanism to address the problem would be forthcoming.
COUNTY EMPLOYEES
Chairman Parker said a Department Head should direct a personnel issue to the designated Administrative staff member. Chairman Parker said a meeting would be scheduled with the Department Head, employee and Commissioner of the Department for a review of the issue. Chairman Parker explained failure to follow this procedure would be grounds for termination.
Chairman Parker recommended discussing the process to hire a County Administrator at the next regular meeting.
SALARY AND WAGES
Comm. Foley made the following recommendations for salary increases:
Matthew Weldon, an increase from $11.9495 to $12.1995 per for successfully completing his certification as a Hazardous Materials Technician/OSHA Level III.
Comm. Foley moved to approve the salary increase. Comm. Stevens seconded and the MOTION CARRIED.
David Meeks, an increase from $9.5989 to $9.8489 per hour for successfully completing state requirements for Public Health Pest Control and Core Exam.
Comm. Foley moved to approve the salary increase. Comm. Rooks seconded and the MOTION CARRIED.
Lee Williams, an increase from $9.5989 to $9.8489 per hour for successfully completing state requirements for Public Health Pest Control and Core Exam.
Comm. Foley moved to approve the salary increase. Comm. Stevens seconded and the MOTION CARRIED.
Comm. Foley said there was a concern on the merit raise requests being submitted and a policy needs to be established addressing employees who receive cost of living increases and then a request for a merit raise is submitted.
Mr. Moody said a review of all job descriptions is being prepared and will not be completed for another 45 to 60 days. Mr. Moody said it would include annual evaluations and be a part of union negotiations.
AGENCIES
Mr. Fred McKeon, co-chairman of the Levy County Red Cross extended an invitation to the dedication of the emergency response vehicle to be held at the Williston Air Show on April 13, 2002 at 1:00 p.m.. Mr. McKeon said the Levy County Red Cross appreciated the support it has received.
COUNTY EMPLOYEES
Mr. Jimmy Jerrels responded to comments that Mr. C. W. Gilbert has made at commission meetings concerning his employment with the county, his private business and his use of county equipment.
JAIL
Chairman Parker called the workshop to assess the needs of the jail to order at 1:30 p.m..
Major Bobby McCallum explained the committee had inspected the Bradford County jail facility and its design provides labor saving costs, allows for 160 beds and would allow for the housing of male, female and juvenile prisoners.
Mr. Shipp said there would be some changes to recommend to better suit our needs and an assessment would be needed for sewer, lighting, fencing, and required square footage by a professional architect. Mr. Shipp said an estimated cost would be $7,000.00 per bed for minimum security and $17,000.00 per bed for maximum security.
Captain Johnson said the minimum security is a barracks for minimum custody trustees and would not meet the needs for housing inmates at the jail.
Captain Johnson explained the housing of federal inmates would assist in offsetting the costs for the construction of the jail. Captain Johnson explained the U. S. Marshall's office offers funding assistance if a commitment is made to house a specific number of federal inmates for a specific period of time. Captain Johnson said this would also allow the housing of additional federal inmates if space is available at the normal rates.
Mr. Moody said a consulting firm is now needed to determine the cost factors and the logistics of constructing an additional pod at the jail.
Captain Johnson said the construction of the additional pod and committing to housing a specific number if federal inmates should still allow the facility to meet the needs of the county to 2020 with current growth trends.
Mr. Shipp said an Invitation to Bid would need to be advertised as the cost would be expected to exceed $10,000.00 for a consultant.
Chairman Parker closed the public workshop to discuss expansion of the jail.
Comm. Yearty moved to authorize Mr. Shipp, Major McCallum and Captain Johnson to solicit architects to assess the needs for the jail and to present it to the Board for consideration. Comm. Stevens seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Parker advised there will be a workshop to assess the needs of all departments on Thursday, April 4, 2002.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Tony Parker, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court