REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 7, 2002
The Regular Meeting of the Board of Levy County Commissioners was held on May 7, 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 Administration - Fred Moody
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. Stevens moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 34951 - 35236
GENERAL FUND $866,447.98
ROAD & BRIDGE FUND 53,580.38
LOCAL HOUSING ASSISTANCE 13,215.00
LIBRARY FUND 6,840.83
MEDIATION 100.00
FINE & FORFEITURE FUND 16,530.94
E911 COMMUNICATIONS 7,158.49
LANDFILL & RECYCLING 16,553.79
LAW ENFORCEMENT TRUST FUND 20.00
COURT FACILITIES 577.14
FLORIDA POWER GRANT FUND 2,811.79
EMERGENCY MEDICAL SERVICE 10,973.19
LOCAL LAW ENF BLOCK GRANT 14,589.00
FIRE CONTROL 60,847.00
JUDICIAL GRANT 1,000.00
ADD REV BOND DEBT SERVICES 3,000.00
UTILITIES FUND 1,104.94
TOTAL $1,075,350.47
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of April 16, 2002 with a correction revising Flagler County to Nassau County concerning the proposed resolution supporting their litigation against the Department of Community Affairs (DCA). Comm. Rooks seconded and the MOTION CARRIED.
AGENCIES
Commander Ivan Chubb, Williston Veteran's of Foreign Wars presented a Certificate of Appreciation for support received.
Commander Chubb invited everyone to the Memorial Day celebration to be held at Orange Hill Cemetery on May 26, 2002 at 2:00 p.m..
BIDS
Ms. Heather Alexander opened the following bids submitted for the LCR C-347:
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Ms. Alexander explained one (1) bid had been received for the two (2) tractors and one (1) mower as follows:
Trenton Farm Equipment - AgriPlus 85hp $36,228.50 each
or, 4-wheel tractor cab at $32,644.51.
Comm. Yearty inquired if the state bid contract had the equipment available.
Chairman Parker appointed Mr. Fred Moody, Mr. Jesse Durrance, Mr. Justin Watson and Mr. Lee Mills to review the bid specifications for the road resurfacing, tractors and mower with him.
Mr. Moody said there was a separate bid price from Trenton Farm Equipment for the mower of $9,050.00.
Ms. Alexander said the bid opening on a truck for the Recycling Department has been withdrawn from the agenda and will be rescheduled for the appropriate meeting.
MUNICIPALITIES
Mr. Andrew Drummond said the City of Chiefland was requesting the donation of 130 loads of limerock for the parking area at the Charles Strickland Recreational Ball Park. Mr. Drummond explained 65 loads of limerock would put the parking area in sufficient condition for use. Mr. Drummond said the city will be hosting a tournament and need assistance to prepare the parking area.
Mr. Moody said the estimated cost is $120.00 per load to haul and dump the limerock at the site. Comm. Yearty moved to approve 65 loads of lime rock to the City of Chiefland. Comm. Rooks seconded. Mr. Earl Cannon said it would be of assistance to have a county employee assist in spreading the limerock and the MOTION CARRIED.
MISCELLANEOUS
Mr. C. W. Gilbert presented a Complaint Form to the Chairman and said it related to an employee who has issued drive way permits and requested the removal of Mr. Justin Watson.
Comm. Rooks advised Mr. Gilbert the proper procedure was to submit any complaints concerning an employee to the Assistant County Administrator, Mr. Moody and then it would be submitted to the Review Committee.
Mr. Gilbert questioned the procedure and process in the purchase of a tractor for use in the Devil's Hammock. Mr. Gilbert said the minutes of November 6, 2001 did not reflect the purchase was on an emergency basis.
RESOLUTIONS
Mr. Lannie Cardona presented a resolution and proposed letter to be sent to Representative Will Kendrick requesting legislative action to extend the Big Bend Historic Paddling Trail from its southern terminus to the Withlacoochee River at Yankeetown. Mr. Cardona said the City of Cedar Key and the Town of Yankeetown have adopted resolution supporting the request.
Mr. Mark Gluckman said his brother, Mr. David Gluckman has offered his professional legal services to assist in presenting this to the legislature at no cost.
Mr. Cardona explained it coincides with the recreational based tourism plan being promoted.
Comm. Rooks moved to approve the resolution and to send a written request to Representative Will Kendrick to support the request of extending the Big Bend Historic Paddling Trail to the Withlacoochee River at Yankeetown. Comm. Yearty seconded and the MOTION CARRIED.
BIDS
Chairman Parker appointed Comm. Foley to review the bids for the road resurfacing, tractors and mower stating a possible conflict of interest.
MAPS AND PLATS
Mr. Rob Corbitt said Mr. Michael Pardue was requesting a one (1) year extension for the submission of the plat of "Highlands" a gated community to compile the engineering and obtain the permits for construction development from all appropriate agencies. Comm. Yearty moved to allow a one (1) year extension for the plat of "Highlands" a gated community, as this development is unique to the county. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Comm. Yearty said the committee reviewed the bid specifications for the resurfacing of LCR C347 and recommended the acceptance of the bid from Anderson Columbia. Comm. Yearty moved to accept the bid from Anderson Columbia. Comm. Stevens seconded. Comm. Foley declared a possible conflict of interest as his son is employed by Anderson Columbia. Chairman Parker declared a conflict of interest as he leases trucks to different companies and does not want a possible conflict of interest if his company is contracted to lease vehicles for the project and the MOTION CARRIED with Comm. Rooks, Comm. Stevens and Comm. Yearty voting AYE.
Comm. Yearty said the only bid was submitted for the tractors and mower was from Trenton Farm Equipment for 75hp and 90hp tractors and this exceeded the bid specifications for a 65hp tractor and recommended the Invitation to Bid be resubmitted for advertisement. Comm. Yearty moved to readvertise the Invitation to Bid for the tractors and mower. Comm. Stevens seconded and the MOTION CARRIED.
ZONING
Mr. Corbitt presented the following petition:
Petition No. PP-00257 - Joseph Polkowski, Polkowski surveying, representing Yvonne Scott, petitioning the Board for a Preliminary Plat of "Prosperity Farms" a parcel of land located in Foxwood Farms, Parcel 7, in Section 15, Township 13 South, Range 18 East in Levy County. Said parcel contains 30 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone (Parcel #04447-007-00) with a recommendation of approval from the Planning Commission.
Mr. Corbitt said the surveyor has complied with all the requests from the Plat Review Committee and the county engineer. Comm. Stevens moved to approve the preliminary plat submitted for "Prosperity Farms" with the minor correction of setback lines. Comm. Yearty seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mr. Greg Beauchamp explained a conceptual proposal has been reached for the Cedar Key Plantation development with the cooperation of the developer, Mr. Rick Thompson, and Suwannee River Water Management District.
Mr. Jerry Scarborough, Executive Director, Suwannee River Water Management said the proposal involves the developer constructing the waste water plant, the central water system and paving the roads and the Water Management District will assume the responsibility and liability for the waste water and water systems the a governmental agency through an interlocal agreement with the county. Mr. Scarborough said the Board of Directors for the Suwannee River Water Management District will be presented the proposal on Thursday, May 9, 2002 in Chiefland. Mr. Scarborough explained security would be required to address any unexpected financial provided by the developer. Mr. Scarborough said the intent of the conceptual plan is to protect the water quality for aquaculture in Cedar Key and to allow the developer to utilize his property.
Mr. Beauchamp explained this would be a cooperative effort between governmental agencies and should meet the intent of the Land Development Regulations (LDR's), avert any costly litigation, protect the water quality and provide a nice residential development. Comm. Rooks said the plan would protect the water quality and the cooperation of the developer allows for the development. Comm. Rooks moved to approve the conceptual plan for Cedar Key Plantation with Suwannee River Water Management District assuming the responsibility of the waste water system and central water system. Comm. Yearty seconded.
Mr. Scarborough said this is a unique concept for the Water Management District and the support from the county will allow the environment to continue to be protected and the property owner will be allowed to develop the land. Mr. Scarborough said the agreement meets the requirements of the water plan to protect the water quality.
Comm. Yearty said the support from the Water Management District for this concept allows for the continued protection of the coast line.
Mr. Lannie Cardona explained the hard shell clam production and aquaculture relies on the water quality and provides extensive economic support in the community. Mr. Cardona said the concept is creative in allowing the development and protecting the water quality and the MOTION CARRIED.
Mr. Rick Thompson said the concept is a solution and a positive resolution with the governmental agencies and the citizens.
GRANTS
Mrs. Nichole Tummond presented the grant application for the 2002 COPS IN SCHOOLS program through the Department of Justice. Comm. Rooks moved to approve the grant application for the 2002 COPS grant and authorizing the Chairman to sign the application. Comm. Stevens seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Dan Ward presented a 401A Deferred Compensation Sick Plan that allows employees accrued sick leave and annual leave be placed in a Deferred Compensation plan at the time the employee separates from service. Mr. Ward said the employee has the option of continuing in the plan or requesting payment of their benefits without penalty. Mr. Ward explained the plan would be mandatory for all employees if it was approved and provides an additional investment plan.
Mr. Danny Shipp said the employees accrued sick leave and annual leave would be paid into the plan and then if the employee elected to "cash in" their accrued leave the plan would actually issue the check to the employee.
Mr. Ward said the employee can withdraw at any time with no penalty from the plan but it is subject to the Internal Revenue Service Codes.
Mr. Noel Desmond inquired on the guarantees and checks and balances that protect the employees investment in the plan.
Mr. Ward said the plan is covered by the State of Florida Reciprocal Fund and is fully insured and the participant can direct the level of risk invested in the mutual funds. Comm. Stevens moved to approve the Special Pay Retirement Plan with ING Northern Annuity. Comm. Yearty seconded and the MOTION CARRIED.
MISCELLANEOUS
Ms. Annette Long addressed the complaints and allegations made by Mr. C. W. Gilbert at past meetings concerning employees, purchases of equipment and recommended he follow the proper procedures and direct the complaints to the proper agencies.
Mr. David Bibby commented on the editorials being published in local newspapers and would like to see responses to the allegations. Mr. Bibby recommended hiring another county administrator that could respond to the allegations being presented in the editorials.
Mrs. Renate Cannon said the newspapers determine what letters are printed. Mrs. Cannon said there is a Department Head for the departments and she considers the members of the Board of County Commissioners the administrators of county business.
ROADS, COUNTY
Mr. Otis Green said the dust on NE 204th Avenue, LCR 508, is extremely heavy and the road needs to be paved. Mr. Green expressed concern with parent pickup at the school and recommended construction of a area for parents to pull off the road way to pick up their children and reduce the impediment of traffic. Mr. Green said it appeared the flasher for the school zone was to close to the entrance of the school and should be extended further from the school. Mr. Green explained he was concerned about his requests for paving of roads in Lincoln Estates and why they have not been paved. Mr. Green added a side walk is needed along CR 331 for the children to use traveling to and from school.
Comm. Stevens said LCR 508 should have been on the paving list and was omitted by an oversight. Comm. Stevens explained the financial cost is being compiled and it will be placed on the Five (5) Year Work Plan. Comm. Stevens said the other roads are in the Pinehurst Subdivision and were submitted as a priority project on the neighborhood revitalization application for a Community Development Block Grant (CDBG).
ANIMAL CONTROL
Mrs. Roberta Picard said the ordinance for the control of animals needs to be broaden to address complaints of barking dogs, animals straying onto property to allow action to be taken by the Sheriff's Office.
Mrs. Sharon Carter said dogs will bark in a rural area and there is no way to control barking dogs.
MISCELLANEOUS
Mr. Charles Greene commended the performance of the Board of County Commissioners, Clerk of Court and County Attorney in responding the requests of the citizens and commends the action of intergovernmental cooperation for a development in the community that will consist of a sewer treatment plant, water system and paved road and allowing the growth of tourism using our natural resources. Mr. Greene said the Road Department is hard working in a large county with many unpaved roads.
COUNTY EMPLOYEES
Mr. Fred Moody introduced Mrs. Kathy Winburn, County Planner.
CONTRACTS AND AGREEMENTS
Ms. Heather Alexander presented the interlocal agreement with Withlacoochee Regional Planning Council for the adoption of the annual membership dues rate. Comm. Stevens moved to approve the interlocal agreement with Withlacoochee Regional Planning Council. Comm. Yearty seconded and the MOTION CARRIED. Comm. Stevens explained the dues are set at $.40 per capita.
EMERGENCY MEDICAL SERVICES
Mr. Bill Beddow reported quotes from contractors for the construction of the station in Williston have been requested. Mr. Beddow said Mr. Jimmy Jones has completed his figures and these will be presented with the other quotes.
Mr. Beddow said the bid specifications questioned by Wheel Coach have been reviewed and there is an option to "piggy-back" with Escambia County for the purchase of a rescue unit from Horton.
Comm. Rooks said the union representation appeared to support the purchase of a Horton rescue unit and utilizing the "piggy-back" with Escambia County would allow for the unit to be delivered in less time.
Comm. Stevens said if a rescue unit is purchased at a lower cost than the Horton then possibly it would allow for the purchase of two (2) rescue units.
Mr. Beddow explained the grant agreement only allows for the purchase of one (1) unit and is very specific on how the funds can be expended.
Chairman Parker directed Mr. Beddow to meet with the mechanics and the employees and report his findings comparing the units produced by Horton and Wheel Coach.
APPOINTMENTS
Mr. Tom Reitz advised Mr. Lamar York and Mrs. Elaine Yontz have resigned from the Library Board and recommended Ms. Patricia Smith to replace Mr. York and Ms. Wilma Robbins to replace Ms. Yontz. Comm. Yearty moved to appoint Ms. Patricia Smith and Ms. Wilma Robbins to the Library Board. Comm. Stevens seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mrs. Kathy Winburn presented the contract with the Center for Urban Transportation Research (CUTR), University of South Florida for the US 19 Physical Access Management Plan, Phase I: Identification of Existing Corridor Conditions. Mrs. Winburn explained the study is funded by a state grant. Comm. Yearty moved to approve the contract for Phase I. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
University Estates, NE 80th Street and NE 82nd Place, grading only for an estimated cost of $201.00.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Watson presented the Transportation Enhancement Program Applications with a request for approval of the priority listing. Comm. Rooks moved to accept the Transportation Enhancement Program as prepared. Comm. Yearty seconded and the MOTION CARRIED.
LANDFILL
Mr. Wayne Hardee requested permission to advertise for a "Waste Tire Round-Up" on June 8, 2002. Mr. Hardee said it would be open to households only with a limitation of 15 tires per person that would be accepted at no charge.
Chairman Parker said this should be an annual event with sufficient public notice.
Comm. Stevens recommended holding the "Waste Tire Round-Up" on two (2) consecutive weekends.
Mr. Hardee said the event could be held twice a year and on two (2) consecutive weekends. Mr. Hardee said household hazardous waste is accepted every Monday at the landfill.
Mrs. Roberta Picard requested sufficient notice for public participation and encourage the proper disposal of waste.
Mr. Hardee said if there is illegal dumping and the land owner contacts the landfill to arrange disposal of the waste will be accepted at no cost to the land owner. Comm. Stevens moved to approve June 8, 2002 for "Waste Tire Round-Up" and limited to 15 tires per person and from households only. Comm. Rooks seconded and the MOTION CARRIED.
SHIP
Mrs. Carol McQueen presented a subordination agreement for Yvonne Czarniak. Mrs. McQueen explained there is a foreclosure action pending and Mrs. Czarniak is securing other financing. Mrs. McQueen said the subordination does not comply with the established policy, but by approving the subordination agreement it allows for the refinancing and resumption of the second mortgage with the new lender. Comm. Stevens moved to approve the subordination agreement under the emergency situation to prevent a default on the second mortgage and allow the refinancing of the home. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. McQueen presented a Satisfaction of Mortgage for Marie B. Thomas advising the SHIP mortgage has been satisfied. Comm. Stevens moved to approve the Satisfaction of Mortgage. Comm. Yearty seconded and the MOTION CARRIED.
GRANTS
Mrs. McQueen said notice has been received from the Department of Community Affairs (DCA) advising the Community Development Block Grant (CDBG) application requesting neighborhood revitalization in the form of paving projects has been funded. Mrs. McQueen said the paving project in Pinehurst Subdivision was the priority project, then the paving of roads in Woodland Acres.
Mrs. McQueen explained the current grant application will not be completed with the awarding of last year's grant that included the same projects.
AGENCIES
Mrs. McQueen commended the Board of County Commissioners from Levy, Dixie and Gilchrist Counties for their support establishing the Tourist Development Board and acknowledged the letter commending them from Ms. Mary Kay Cariseo, Executive Director, Florida Association of Counties.
TAX ROLL
Mr. Beauchamp presented the List of Lands Available for Taxes from the Tax Deed Sale of April 29, 2002 as submitted by Mrs. Susan Haines, Deputy Clerk.
COMMISSIONERS
Mr. Beauchamp presented the proposed Departmental Administrative Procedures for review. Comm. Stevens moved to approve the Departmental Administrative Procedures with the minor typographical corrections in Paragraph 3. Comm. Foley seconded and the MOTION CARRIED.
LEASES AND AGREEMENTS
Mr. Beauchamp said the lease agreement with Mr. H. C. Henderson for the building across from the court house has been prepared for a three (3) year term at $1,000.00 per monthly rental. Mr. Beauchamp recommended commencing the lease on June 1, 2002 with Mr. Henderson responsible for the roof and the county responsible for the balance of the maintenance and the air conditioning. Comm. Yearty moved to approve the lease agreement. Comm. Stevens seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp recommended extending the contract with County Probation Services for another year. Mr. Beauchamp said the contract was extended last year and the judiciary is currently satisfied with their operation of the county probation program. Comm. Yearty moved to extend the contract with County Probation Services for one (1) year. Comm. Stevens seconded and the MOTION CARRIED.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp said Mr. Shipp, Judge Joseph Smith and court administration have been reviewing the possibility of contracting court appointed special public defenders for dependency and criminal cases.
MISCELLANEOUS
Comm. Stevens said Mr. Ed Piper has requested assistance in his operation of Wildlife Rescue of Levy County, Inc. for the rescue, rehabilitation and release of native Florida wildlife.
COUNTY FIRE CHIEF
Comm. Stevens said Mr. Rick Lombardo has made a request to locate the office of the County Fire Chief in Chiefland. Comm. Stevens said Mr. Lombardo advised space is available for $300.00 monthly, including use of a fax machine and receptionist in the old Western Auto location for incubator businesses.
ROAD AND BRIDGE DEPARTMENT
Mr. Cardona explained the bike path from the Yankeetown school to South Levy Park has been funded and would not be included on the current Transportation Enhancement Program.
CLERK OF COURT/TO BOARD
Mrs. Susan Haines advised the following action was omitted from the minutes of the regular meeting on September 18, 2001 by a scrivener's error:
Comm. Foley moved to accept the low bid from Blackledge Emulsions for emulsion prime. Comm. Parker seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Tony Parker, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court