REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 16, 2002
The Regular Meeting of the Board of Levy County Commissioners was held on April16, 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
Assistant County Administrator - Fred Moody
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: 34747 - 34950
GENERAL FUND $392,009.25
ROAD & BRIDGE FUND 45,614.75
LOCAL HOUSING ASSISTANCE 6,151.18
LIBRARY FUND 6,054.93
MEDIATION 100.00
FINE & FORFEITURE FUND 14,743.05
LANDFILL & RECYCLING 63,165.26
FLORIDA POWER GRANT FUND 1,171.41
EMERGENCY MEDICAL SERVICE 16,886.14
FIRE CONTROL 19,588.50
UTILITIES FUND 1,160.75
TOTAL $566,645.22
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of April 2, 2002 and the special workshop held on April 4, 2002. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin opened the following bids submitted for a double-wide mobile home for Emergency Medical Services:
Prestige Home Centers, Inc. $57,512.00
with furniture $61,401.29
C&G Mobile Homes, Inc. $49,514.00
includes furniture
Mrs. Martin said the bid submitted by Prestige Home Centers, Inc. was for a Nobility mobile home and from C & G Homes, Inc. was a Homes of Merit.
Mrs. Martin opened the following bids for an emergency rescue unit for Emergency Medical Services:
Wheel Coach No bid letter
Horton (Phoenix Group) $95,875.00
Mr. Charles "Rusty" Bullock, District Sales Manager, Wheel Coach, said the specifications for the rescue unit appeared to be proprietary towards Horton and would like to have more relaxed specifications and additional time to prepare a bid. Mr. Bullock said diagrams and documents pertaining to the specifications were not submitted with the Invitation to Bid.
Mr. Greg Beauchamp said action could be taken not to accept the bid received from Horton and then could extend or rebid for the rescue vehicle. Mr. Beauchamp explained if the bid is rejected it places Horton at a disadvantage with their bid having been opened, however, if the bid specifications need clarification there could have been a disadvantage for Wheel Coach.
Comm. Foley moved to reject the bid received from Horton (Phoenix Group) and rebid for the rescue unit as a result of a poor response and to allow for the revision of the bid specifications, if necessary. Comm. Rooks seconded.
Mr. Gary Gates, representative of Phoenix Group, said Horton is one of the oldest companies in the industry and Wheel Coach has the resources to build a rescue unit to any requested specifications
Mr. Bullock recommended using a "boiler plate" specification with listed options for manufacturer's to respond to and the MOTION CARRIED.
Chairman Parker appointed a committee of Comm. Rooks, Mr. Bill Beddow, Mr. Fred Moody and Mr. Rob Corbitt to review the bids submitted for the double-wide mobile home and report on their recommendations.
JUDICIAL
Comm. Stevens moved to discuss a non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Jan Chesser presented a grant agreement for reimbursement of fees to court appointed attorneys in Dependency cases. Mrs. Chesser explained these funds had been appropriated for the 2001 - 2002 fiscal year and were withheld to cover the State budget shortfall. Mrs. Chesser said the Grant-In-Aid funds amount to $17,792.22.
Mrs. Chesser said the average billing per case for Dependency and criminal court appointed attorneys is $714.00 and it is possible to realize a savings by establishing a contract with the attorneys to handle these cases.
BIDS
Comm. Rooks said the committee reviewed the bids submitted for the double-wide mobile home for Emergency Medical Services. Comm. Rooks moved to accept the low bid from C & G Manufactured Homes, Inc. for the Homes of Merit at $49,514.00. Comm. Stevens seconded and the MOTION CARRIED.
SOIL AND WATER CONSERVATION
Ms. Donna Hopwood explained the services and programs provided by the Natural Resource Conservation Service (NRCS) and the Levy Soil and Water Conservation District. Ms. Hopwood said their office serves Levy, Gilchrist and Dixie county promoting soil conservation and conservation in the Suwannee River Basin.
Mr. Joe Mixson, Chairman, Levy Soil & Water Conservation Board extended an invitation to the Award's Banquet to be held at Bell's Restaurant on Thursday to present awards to students for a speech contest, poster contest and land judging contest.
Mr. Doug Ulmer, Director of the Suwannee River Resource, Conservation and Development Council (SRRC&D) advised on the services currently provided by Suwannee River RC&D that include an equipment rental program, sustainable agricultural, water quality, promoting economic and human resource development and recreation programs. Mr. Ulmer extended an invitation to become a member of the council with representation consisting of one (1) county commissioner or designee, and a member from the Levy County Soil & Conservation District to attend quarterly meetings. Mr. Ulmer said the sponsorship is $500.00 to $1,200.00 annually and is not mandatory.
Mr. Mixson said the Levy Soil & Water Conservation Board recommended participation with the Council for the benefits it can provide to the agricultural community. Comm. Yearty moved to join the Suwannee River Resource, Conservation and Development Council with a contribution of $500.00 for the first year an additional annual contributions to be determined during the budget process. Comm. Stevens seconded and the MOTION CARRIED.
AGENCIES
Mr. Lannie Cardona said the Dixie, Gilchrist, Levy Tourist Development Board has designated "Florida's Pure Water Wilderness" as their logo for the promotion of regional tourism. Mr. Cardona introduced Ms. Julie Corbin who has been hired as marketing director.
SALARY AND WAGES
Mr. Robert Lowyns inquired if the merit raises and incentive pay raises were included when budgets were prepared.
Mr. Arthur Maruna inquired if the merit raises were processed on anniversary dates or just submitted.
Comm. Foley said it is at the discretion of the Department Heads for submitting requests for merit raises and previous established policy for the $.25 per hour increase for obtaining certification that enhance the job performance. Comm. Stevens said the increase for obtaining certification is part of the negotiated union agreement.
GRANTS
Chairman Parker called the public hearing for the Community Development Block Grant to order at 10:30 a.m..
Mrs. Carol McQueen explained the Citizens Advisory Task Force (CATF) was recommending applying for the grant funds for Neighborhood Revitalization meeting the "National Objective" of "benefitting low to moderate income persons" with road projects. Mrs. McQueen said the recommendation was for the following projects:
Project #1 - NE 41st Street, NE 213 Terrace and NE 40th Place, located in Pinehurst Subdivision,
Project #2 - SE 32nd Place, SE 35th Street and SE 37th Lane, located in Woodland Acres Subdivision,
and as an alternate if there are sufficient funds:
SE 117th Terrace, located in Woodland Acres Subdivision.
Mrs. McQueen said the Citizens Advisory Task Force (CATF) was recommending increasing the local contribution from $150,000.00 to $175,000.00 with the additional $25,000.00 allowing an additional five (5) leverage points. Mrs. McQueen explained the rules have been revised and leverage points have been lost. Mrs. McQueen recommended the hiring of a WAGES employee to allow additional leverage points for the next application submission for this competitive grant.
Mr. Arthur Maruna said competition for the grant against municipalities with a population of 50,000 or less, the financial contribution by the county would be more difficult, than for a municipality with a stronger financial base.
Chairman Stevens moved to retain the local contribution at $150,000.00 and to proceed with the submission of the grant application and accept the recommendation of the Citizens Advisory Task Force (CATF) to proceed with the Neighborhood Revitalization road paving projects. Comm. Foley seconded and the MOTION CARRIED.
Comm. Rooks moved to approve Chairman Parker to execute the Community Development Block Grant (CDBG) application and Certification page in compliance with the grant application process. Comm. Stevens seconded and the MOTION CARRIED.
SHIP
Comm. Stevens moved to discuss a non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen presented the following Deferred Payment Loan Agreement:
Robert Vernon Hammock, for a one (1) acre tract, 208.71 x 208.71 x 208.71 in NW 1/4, Parcel Identification No. 01856-001-00 located in Chiefland for $8,460.00.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Stevens seconded and the MOTION CARRIED.
GRANTS
Ms. Gwendolyn Pra, Florida Department of Transportation (FDOT) said a grant for $40,000.00 was approved for fiscal year 2001-2002 for federal funds to assist in funding the Transportation Disadvantage program. Ms. Pra said the Withlacoochee Regional Planning Council has assisted in completing the grant applications and the county has been awarded federal grant funds for fiscal year 2002-2003 in the amount of $42,000.00. Ms. Pra explained these funds can be used for operating expenses of providing transportation to the disadvantaged by the county and not through a private entity as currently contracted and requires an equal match of funds. Ms. Pra said there are funds awarded for fiscal year 2002-2003 to purchase a vehicle. Ms. Pra said the federal funds would be $30,400.00, state funds $3,800.00 and county match funds of $3,800.00 that would allow the purchase of a vehicle for transportation. Ms. Pra said there is $32,000.00 in federal funds immediately available that may be used to purchase a vehicle.
Ms. Pra explained the county could administer and provide the transportation service to the disadvantage with the funding that is available from federal, state and local funds.
Ms. Pra said the grants to purchase a vehicle would allow for the purchase of a 20 passenger bus with room for two (2) wheel chair riders and the grant that is immediately available would allow for the purchase of a smaller vehicle for local transportation.
COUNTY PROPERTY
Mr. Moody said a recent survey in Backwater Farmsite on SE 107th Avenue revealed a property owners well is approximately one (1) foot on the county right-of-way and the owner has requested a legal easement to use the well.
Mr. Beauchamp said a simple easement could be prepared including a hold harmless agreement and absolving the county of liability to allow them to continue to use the well or they can legally be required to move the well. Mr. Beauchamp said the county would retain the right-of-way if a simple easement agreement was approved. Comm. Stevens moved to prepare a simple easement agreement to allow the legal use of the well on the property located in Backwater Farmsites. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Moody said the workshop for the review of capital improvements provided the need for long range and short range planning and recommended securing a consultant to address all the needs. Mr. Moody said action to secure a consultant for the Sheriff's Office complex had been approved and recommended including the court house, and administration needs in the consultants report. Comm. Yearty moved to hire a consultant to review the capital improvement assessment needs of administration, judicial and the Sheriff's complex. Comm. Stevens seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Ms. Paula Edwards requested authorization to purchase a generator. Ms. Edwards said the purchase should be less than $2,500.00 and would purchased with funding from a state grant. Comm. Stevens moved to approve the purchase of the generator with grant funds. Comm. Yearty seconded and the MOTION CARRIED.
CORRESPONDENCE
Mrs. Jacqueline Martin said White Construction Company has submitted a written request to load and ship approximately 3,000 tons of limerock base that is stockpiled on their Manatee land tract.
Comm. Foley said the stockpile has been located on the property and this is a courtesy advising they are not operating the mine but only removing materials.
Comm. Yearty moved to advise White Construction Company in writing that there was not an objection in removing the stockpile from the property. Comm. Foley seconded. Chairman Parker requested White Construction Company be contacted and an inquiry of the time frame for the removal of the limerock and the MOTION CARRIED.
COUNTY FIRE CHIEF
Mr. Victor Scott, Chairman, Fire Advisory Board, said the Fire Advisory Board was requesting clarification of the status of Mr. Mark Moore and the return of any county property that he may have in his possession. Comm. Stevens said Mr. Moore was appointed County Fire Chief for six (6) months and had completed that time period and had stepped down as County Fire Chief.
Mr. Scott said the Fire Advisory Board recommended appointing Mr. Rick Lombardo as County Fire Chief. Comm. Rooks moved to recognize Mr. Rick Lombardo as County Fire Chief, a position that does not provide monetary compensation at the recommendation of the Fire Advisory Board effective April 13, 2002. Comm. Stevens seconded and the MOTION CARRIED.
Comm. Stevens moved to discuss a non-agenda item. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Lombardo said the Fire Advisory Board has discussed the $100,000.00 included in the 2001-2002 budget and they are unable to accept that amount if it must be repaid from future assessments. Mr. Lombardo said they are requesting a 10% increase for a total of $39,106.00 that will not be repaid with the understanding it is a one (1) time funding.
Comm. Rooks explained the additional funding was provided with the expectation of the special assessments for fire protection being increased to allow the repayment of the funds.
Mr. Danny Shipp said the additional funding was from the General Fund and not the revenue from special assessments which are not sufficient to fund the additional $100,000.00. Comm. Yearty moved to repeal the action of the additional $100,000.00 budgeted to the Fire Districts from the General Fund and approve the request for $39,106.00 on a one time annual basis with no current expectation of repayment until the special assessments are addressed and the 2002-2003 fiscal budget. Comm. Rooks seconded and the MOTION CARRIED.
LIBRARY
Mr. Tom Reitz presented a proclamation recognizing April 14, 2002 to April 20, 2002 as National Library Week. Mr. Reitz said the request for library cards has increased significantly. Comm. Yearty moved to approve the proclamation. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for road maintenance:
NE 16th Avenue, located in Oak Grove Village, request to trim a tree with limbs hitting vehicles for an estimated cost of $76.84.
Comm. Stevens moved to approve the request for maintenance. Comm. Yearty seconded and the MOTION CARRIED.
NE 81st Street located in Forest Park II, requiring five (5) loads of rock and grading for a total of 500 feet for an estimated cost of $1,500.00.
Mr. Watson explained that NE 81st Street was a high maintenance road. Comm. Stevens moved to approve maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
VETERAN'S OFFICE
Mr. Major Stroupe requested authorization to construct a Veteran's Park on the green space located between the court house and annex where the Veteran's Service Office is located. Mr. Stroupe explained the placement of benches and trees would be a result of donations and coordination of the project would be with the Board. Comm. Yearty moved to approve the request to construct a Veteran's Park as proposed. Comm. Rooks seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Beauchamp said Mrs. Linda Fugate, Tax Collector has sent notification that there are numerous County Held Tax Certificates that were not redeemed for the certificate year 2000 and needs to be advised if the Tax Deed Warning Letters should be sent. Chairman Parker requested Mr. Beauchamp to notify Mrs. Fugate in writing to send the Tax Deed Warning Letters.
COUNTY EMPLOYEES
Mr. Beauchamp presented a proposed Citizen's Complainant Form for the handling of complaint's against employees by citizens. Mr. Beauchamp said it would be notarized to swear or affirm the allegation(s) made by the citizen are true and based on fact. Comm. Stevens moved to adopt the Citizen's Complainant Form. Comm. Rooks seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Beauchamp presented a proposed Departmental Administrative Procedures for review and distribution to Department Heads. Chairman Parker requested the proposed procedure be placed on the agenda of the May 7, 2002 regular meeting.
COUNTY EMPLOYEES
Comm. Yearty moved to discuss a non-agenda item. Comm. Foley seconded and the MOTION CARRIED.
Comm. Yearty said there was concern in placing the Planning Department personnel under the responsibility of the secretary in the Development Department. Comm. Yearty recommended Mrs. Tina Horne report directly to Mr. Moody, as Assistant County Administrator until the County Planner assumes her position. Comm. Yearty moved to have the Planning Department personnel report directly to Mr. Moody. Comm. Foley seconded.
Chairman Parker said there was concern of an employee working without supervision while a Department Head was being replaced and it appeared to be appropriate for Mr. Rob Corbitt to supervise Mrs. Horne until the County Planner was employed.
Comm. Stevens said there are some problems with a secretary reporting to a secretary in another department and being required to keep a daily log of activities an action that is not required of any other employee and Comm. Rooks, Comm. Stevens, Comm. Foley, and Comm. Yearty voted YES and Chairman Parker voted NO and the MOTION CARRIED.
RESOLUTIONS
Mr. Beauchamp presented a proposed resolution establishing a board to provide a written plan for a proposed tourist tax. Mr. Beauchamp said the resolution calls for a commissioner to serve on the Tourist Development Board. Chairman Parker appointed Comm. Rooks to the Tourist Development Board. Comm. Rooks moved to approve the resolution establishing the Tourist Development Board. Comm. Stevens seconded and the MOTION CARRIED.
BONDS
Mr. Beauchamp presented a resolution authorizing the cash defeasance of its Outstanding Addition Revenue and Refunding Bonds, Series 1992 and authorizing the execution and delivery of an escrow deposit agreement. Mr. Beauchamp explained the resolution is part of the procedure to redeem the bonds. Comm. Foley moved to approve the resolution and escrow deposit agreement. Comm. Yearty seconded.
Mr. Shipp explained it is difficult to ascertain if a payout of the bond is the best solution without having the needs of the county assessed. Mr. Shipp said proceeding with an assessment and prioritization of capital improvements will allow for long range planning.
Comm. Yearty said redeeming the bond appeared to be in the best interest at this time and appreciated Mr. Shipp's concern in reviewing the options available and the MOTION CARRIED.
GRANTS
Mr. Beauchamp presented a State-Fund Subgrant Agreement from the Department of Community Affairs (DCA) to improve access management on the US 19 corridor between Chiefland and Fanning Springs. Comm. Rooks moved to approve the agreement with the Department of Community Affairs (DCA) to allow for the identification of existing corridor conditions and compiling the information in a GIS format. Comm. Stevens seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Beauchamp said Flagler County has submitted a proposed resolution to join them in a lawsuit against the Department of Community Affairs (DCA) relating to their Comprehensive Land Use Plan. Mr. Beauchamp explained we have developed a relationship with the Department of Community Affairs (DCA) and have been able to resolve differences relating to our Comprehensive Land Use Plan.
Comm. Rooks said Flagler County can seek assistance through their legislative delegation, Florida Association of Counties or Small County Coalition if they are unable to resolve differences with the Department of Community Affairs (DCA). Comm. Yearty moved to deny the request to adopt a resolution to support Flagler County in their lawsuit against the Department of Community Affairs (DCA). Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Chairman Parker provided a list of contracts and agreements that reviewed and prepared for acceptance on an annual basis and recommended reviewing them at the next regular meeting.
RECYCLING
Mr. Wayne Hardee requested authorization to advertise for a new truck for the Recycling Department to be purchased with available grant funds. Comm. Stevens moved to authorize Mr. Hardee to issue an Invitation to Bid for a truck for the Recycling Department. Comm. Rooks seconded and the MOTION CARRIED.
SALARY AND WAGES
Comm. Foley presented the following requests for salary increases:
Joseph Donny Crews, Jr., successfully completed and received certification from Florida DOT Training Division for "Work Zone Traffic Control BT-0500078," with a recommendation of a $.25 hourly increase.
Comm. Foley moved to approve the increase of salary for Joseph Donny Crews, Jr.. Comm. Rooks seconded and the MOTION CARRIED.
William Casey Duquette, successfully completed and received certification from Florida DOT Training Division for "Work Zone Traffic Control BT-0500078," with a recommendation of a $.25 hourly increase.
Comm. Foley moved to approve the increase of salary for William Casey Duquette. Comm. Rooks seconded and the MOTION CARRIED.
Jeanine M. Crocco, Public Library System, classified as an Administrative Assistant II at $9.45 per hour recommend an increase to $9.95 per hour with the completion of her probation period and outstanding employment performance.
Comm. Foley moved to approve the salary increase for Jeanine M. Crocco. Comm. Yearty seconded and the MOTION CARRIED.
Nikki Wilson, County Agents Office, current classification Administrative Assistant II at $10.716 per hour to $11.716 per hour.
Comm. Foley moved to approve the salary increase for Nikki Wilson. Comm. Yearty seconded and the MOTION CARRIED.
Randy Smith, Road Department, current classification as Tradesman II at $11.7844 per hour to $12.3876 per hour for a merit raise.
Comm. Foley moved to approve the increase of salary for Randy Smith. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Foley said the salary increases were to be effective the next pay period. Mr. Albert Fuller advised the salary increase for Nikki Wilson was not included in the budget for the County Extension Office.
ROAD AND BRIDGE DEPARTMENT
Comm. Foley moved to adopted the Levy County Road Maintenance System Guidelines as revised on March 25, 2002 draft effective April 16, 2002. Comm. Stevens seconded. Comm. Yearty, Comm. Foley, Chairman Parker and Comm. Stevens voted YES. Comm. Rooks voted NO and the MOTION CARRIED.
DEVELOPMENT DEPARTMENT
Comm. Yearty said a review of 20 acre tracts and larger need to be reviewed as currently written in the Land Development Regulations.
BUILDING AND GROUNDS
Comm. Yearty moved to discuss a non-agenda item. Comm. Foley seconded and the MOTION CARRIED.
Comm. Yearty advised there is a concern of space for the Building and Zoning Department, Planning Department, Library and Nature Coast Development Authority and recommends entering a three (3) year lease with Mr. H. C. Henderson for the office building directly across the street from the court house. Comm. Yearty said the lease would be for $1,000.00 per month and Mr. Henderson would repair the roof and the county would be responsible for any interior remodeling. Comm. Yearty said the County Planner and Nature Coast Development could be located at this location and this would allow the additional space needed by the Building and Zoning Department with the Planning Department being moved and allow the Library Director the additional space with the removal of Nature Coast Development Authority. Comm. Yearty moved to enter into a lease agreement for $1,000.00 per month for three (3) years with Mr. H. C. Henderson for office space. Comm. Rooks seconded and the MOTION CARRIED.
ROADS, COUNTY
Comm. Stevens moved to discuss a non-agenda item. Comm. Foley seconded and the MOTION CARRIED.
Comm. Rooks said CR 345 and CR 341 were approved for submission on the Small County Assistance Program grant with CR 345 being the first priority. Comm. Rooks said CR 341 is in greater need of repair and recommends it being named as first priority. Comm. Rooks moved to amend CR 341 as the first priority on the Small County Assistance Program grant and CR 345 as second. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Parker requested attention to items being brought before the Board on a non-agenda basis that are not an emergency. Chairman Parker recommended placing non-emergency items on the agenda for the next regular meeting.
Mr. Arthur Maruna requested the Department Heads be identified on the agenda.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Tony Parker, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court