REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

June 4,  2002

 The Regular Meeting of the Board of Levy County Commissioners was held on June 4, 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
County Administrator - Fred Moody

 The Chairman called the meeting to order at 9:00 a.m..  The invocation was given by Mr. Justin Watson 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:   35441 - 35618

GENERAL FUND                                     $668,186.03

ROAD & BRIDGE FUND                           127,595.93

LOCAL HOUSING ASSISTANCE               23,675.00

LIBRARY FUND                                               4,019.31

FINE & FORFEITURE FUND                         8,123.62

LANDFILL & RECYCLING                           13,872.03

SPECIAL LAW ENFORCEMENT                  8,843.00

COURT FACILITIES                                             94.94

FLORIDA POWER GRANT FUND                   964.38

EMERGENCY MEDICAL SERVICE              6,935.64

LOCAL LAW ENF BLOCK GRANT            74,750.00

FIRE CONTROL                                               3,489.62

JUVENILE JUSTICE GRANT                             103.24

ADD REV BOND DEBT SERVICES             2,500.00

UTILITIES FUND                                               1,182.94

 

TOTAL                                                        $944,335.68

 

MINUTES

Comm. Rooks moved to approve the minutes of the regular meeting of May 21, 2002 and the special meeting of May 28, 2002. Comm. Stevens  seconded and the MOTION CARRIED.

BIDS

Ms. Heather Alexander presented the following bid(s) received for two (2)  tractors and a mower for the Road and Bridge Department:

    Southern Ag & Turf

     John Deere 5520 Tractor - one (1) $34,690.73
                                                     - two (2) $69,381.46
     

     Mower                                 - one (1) $9,200.00
                                                   - two (2) $18,400.00

 

Ms. Alexander said no other bids had been received.  Chairman Parker proposed advertising the Invitations to Bid for the equipment one more time to see if additional bids would be received.  Comm. Yearty said this was the second advertisement of the Invitations to Bid. Chairman Parker appointed Comm. Yearty, Mr. Fred Moody, Mr. Kelly Jerrels to review the bids that were received and report on their findings.

ROAD MAINTENANCE

Chairman Parker called for Mr. Scott McNulty and there was no response.

SCHOOLS

Mrs. Harriet "Tillie" Davis said the City of Archer has gone into partnership with Santa Fe Community College to establish a center in Archer and they were requesting endowments for the construction of the $900,000.00 facility.  Mrs. Davis explained the project size and with a donation of $25,000.00 a room would be named after the donor(s).  Mrs. Davis said the approach for support was being made due to the location of Bronson to Archer and from the number of students that attend Santa Fe Community College from Levy and Gilchrist counties.

Comm. Yearty said Levy County is served by Central Florida Community College as designated within the state district and recommended additional research on the project.  Comm. Yearty commended Mrs. Davis on the project.  

BIDS

Mr. Greg Beauchamp advised a bid had been received time stamped 9:05 a.m. and required action if the bid was to be accepted or denied.

Comm. Yearty said the company had previously submitted a bid on the first advertisement and recommended accepting the bid. Comm. Yearty moved to accept the bid received due to the time frame it was delivered.  Comm. Foley seconded. Comm. Foley said bids had been refused in the past when delivered late and in those instances it had been more than 30 minutes when they had been received. Comm Rooks, Comm. Foley, Comm. Yearty and Chairman Parker voted YES, Comm. Stevens voted NO and the MOTION CARRIED.

Ms. Alexander presented the following bid:

    Trenton Farm Supply, Agri Plus 85hp tractor -

                                               - one (1) $36,228.50
                                               - two (2) $72,457.00

      4-wheel drive tractor  - one (1) $32,644.51
                                               - two (2) $65,289.02
     

     Mower $9,050.00

 

CONTRACTS AND AGREEMENTS

Comm. Foley moved to discuss a non-agenda item to be presented by Ms. Alexander. Comm. Yearty seconded and the MOTION CARRIED.

Ms. Alexander presented the interlocal agreements for the 2002-2003 Solid Waste and Recycling Education grants for the municipalities. Comm. Stevens moved to approve the interlocal agreements for the Solid Waste and Recycling grants. Comm. Rooks seconded and the MOTION CARRIED.

ANIMAL CONTROL

Mr. Mike Schenk advised that Wal-Mart has been donating their damaged pet supplies for the animals in foster homes and being kept for adoption. Mr. Schenk said Wal-Mart has made a $500.00 donation to be used for dog kennels and rescue.  Mr. Schenk said Wal-Mart was to be commended their support.

Chairman Parker requested a letter of appreciation be sent to Wal-Mart.

INSURANCE

Comm. Foley moved to review the letter received concerning the Prescription Drug Benefits as a non-agenda item and provide a response by June 11, 2002 to Gallagher Benefit Services, Inc. as requested. Comm. Rooks seconded and the MOTION CARRIED.

ROADS, COUNTY

Mr. Justin Watson said the Review Committee has recommended the removal of LCR 107 (NE 175th Avenue), LCR 108 (NE 25th Street) and LCR 444 (NW 40th Street, NW 100th Avenue and NW 45th Street) from the paving list as these roads do not meet the criteria as established by the Road Paving Policy.  Comm. Stevens moved to approve the recommendation of the Review Committee to remove from the paving list the LCR 107, LCR 108, and LCR 444.  Comm. Yearty seconded.  Comm. Stevens, Comm. Foley, Comm. Yearty and Chairman Parker voted YES, Comm. Rooks voted NO and the MOTION CARRIED.

Mr. Watson made the following recommendations to place on the paving list:

LCR 1087 (NE 49th Street) in Florian Heights.

Comm. Stevens moved to place LCR 1087 on the paving list.  Comm. Rooks seconded. Mr. Watson explained LCR 1087 and LCR 1073 are connected and could be one (1) project. Comm. Stevens amended his action to include LCR 1087 (NE 49th Street, Florian Heights) and LCR 1073 (NE 127th Court, Florian Heights) on the paving list. Comm. Rooks amended her second and the MOTION CARRIED.

LCR 565 (SE 193rd Court and SE 23rd Place) Lake Stafford Estates.

Comm Stevens moved to place LCR 565 on the paving list.  Comm. Rooks seconded and the MOTION CARRIED.

Mr Claude Blackburn said he has previously requested placing NE 120th Terrace in Florian Heights on the paving list.  Mr. Watson explained the road does not meet the criteria for  house count or traffic count. Mr. Watson said the paving of LCR 1087 and LCR 1073 should alleviate unnecessary traffic on NE 120th Terrace and will provide access for connecting subdivisions.

SHIP

Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:

    Michelle M. Schenk, Lot 7, Northwood Heights, 70 East Street, Bronson, Section 7, Township 12 South, Range 17 East, for $9,500.00 to purchase a home.

 

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

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow said the set up of the mobile home units at  Station #1 (Bronson) and Station #3 (Inglis/Yankeetown) are almost complete.

Mr. Beddow said quotes had been obtained for the Williston station and recommended forming a committee to review the plans and provide a recommendation.

Mr. Jim Jones said three (3) quotes have been received with estimated costs of $45.00 per square foot, $50.00 per square foot and $55.00 per square foot. Mr. Jones recommended having a contractor handle the construction rather than the Construction/Maintenance Department.  Chairman Parker appointed Comm. Rooks, Mr. Jim Jones, Mr. Bill Beddow, Mr. Fred Moody, and Mr. Danny Shipp to review the recommendations and costs for the Williston station.

BIDS

Comm. Yearty said the committee reviewed the bids for the tractors and mower and recommended accepting the low bid from Trenton Farm Equipment for two (2) tractors at $62,089.02 and for the low bid from Trenton Farm Equipment for the mower in the amount of $9,200.00.  Comm. Yearty moved to accept the low bids from Trenton Farm Equipment for the tractors and mower. Comm. Foley seconded and the MOTION CARRIED.

ZONING

Mr. Rob Corbitt presented the following petitions:

    Petition No. HA.VA. - 3-02 - Patricia T. Hoogstra, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her daughter, Lisa Jones, to care for her, on a parcel of land located in the S ½ of the S ½ of the SW 1/4 of the SE 1/4 of Section 1, Township 13 South, Range 17 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 parcel number is 03603-007-00.

 

Mr. Corbitt said the Code Enforcement Officer has inspected the property and all documentation has been provided. Mr. Corbitt said no opposition has been presented. Comm. Rooks moved to approve the request for the hardship variance. Comm. Stevens seconded and the MOTION CARRIED.

    Petition No. HA. VA. - 4-02 - Laurel Beauchamp, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her mother, Helen Rutherford, on a parcel of land located in the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 34, Township 11 South, Range 14 East, in Levy County.  Said parcel contains ten (10) acres more or less and is located within a Rural Residential "RR" zone. The parcel number is #00765-001-00.

 

Mr. Corbitt said the Code Enforcement Officer has inspected the property and all documentation has been provided. Mr. Corbitt said no opposition has been presented. Comm. Rooks moved to approve the request for the hardship variance. Comm. Stevens seconded and the MOTION CARRIED.

    Petition No. HA. VA. - 5-02 - Todd Haycock, petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for his mother, Beryl Haycock, on a parcel of land located in the E ½ of the NW 1/4 of the NE 1/4 of Section 29, Township 12 South, Range 14 East, in Levy County. Said parcel contains 20 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.  The parcel number is #01094-001-00.

 

Mr. Corbitt said the Code Enforcement Officer has inspected the property and all documentation has been provided. Mr. Corbitt said no opposition has been presented. Comm. Rooks moved to approve the request for the hardship variance. Comm. Stevens seconded and the MOTION CARRIED.

    Petition No. FP-00189 - Danny Croft representing Kenneth Toombs, petitioning the Board for a Final 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. Parcel number is #17461.

 

Mr. Corbitt explained the replat is dividing a two (2) acre parcel into two (2) one (1) acre parcels and comes with a recommendation for approval from the Planning Commission. Comm. Rooks moved to approve the Final Plat as presented.  Comm. Foley seconded and the MOTION CARRIED.

    Petition No. PP-00252 - Roger Crossman, petitioning the Board for a Preliminary Plat of the "Replat of Peaceful Acres - Tract A," a subdivision located in Section 34, Township 16 South, Range 17 East, in Levy County.  Said parcel contains eight (8) acres more or less and is located within a Rural Residential "RR" zone.  The parcel number is #09164-000-00.

 

Mr. Corbitt explained the replat involved dividing a large parcel that was not divided at the time of the subdividing of Peaceful Acres and the findings of the Planner was the replat would be compatible with the surrounding subdivision which is composed of lots less than one (1) acre. Mr. Corbitt said one (1) lot was a public dedication to be used for a fire and ambulance station as needed with the growth in the area.  Mr Corbitt said the lots would be larger than one (1) acre and it comes with a recommendation of approval from the Planning Commission requesting findings from the county attorney.

Mr. Beauchamp said the analysis prepared by the county planner, Ms. Krista Kelly indicates the replat is consistent with the Comprehensive Land Use Plan. Comm. Yearty moved to approve the preliminary plat for the "Replat of Peaceful Acres - Tract A," as presented. Comm. Rooks seconded and the MOTION CARRIED.

BOARD OF ADJUSTMENT

Mrs. Sandy Fink said she recommended having legal counsel attend the Board of Adjustment meetings as it appears they are uncomfortable in taking some actions.  Mrs. Fink said the Board of Adjustment has the authority to make decisions in place of the Board of County Commissioners and it appears legal counsel should be present.

Mr. Beauchamp explained his is an advisory position not a decision making position and he tries to attend any controversial meetings and would attend all meetings if instructed to do so.

Comm. Yearty said it has been discussed to review the authority provided to the Board of Adjustment for special exceptions and conditional use permits. Comm. Yearty requested Mr. Rob Corbitt and Mrs. Kathy Winburn to compile the information concerning previous discussions for amending the ordinance and returning the decision making process to the County Commission for special exceptions and conditional use permits and designating specific duties to the Board of Adjustment.

Mr. Beauchamp said a time frame will be prepared and the date to review the proposed amendment to the ordinance will be scheduled at the next regular meeting.

Mr. Robert Lowyns said it was his impression a petition for special exception went to the Planning Commission, Board of Adjustment and then to the Board of County Commissioners. Mr. Beauchamp explained some issues are decided by the Board of Adjustment and then they can be appealed to civil court or to the Board of County Commission. 

LIBRARY

Mr. Tom Reitz said the Children's Internet Protection Act (CIPA) has been ruled unconstitutional but it should not affect  the filtering software blocking pornographic sites in the libraries. Mr. Reitz explained the filtering program was installed to remain eligible for federal funding received by the library.

BUILDING AND GROUNDS

Mr. Lannie Cardona said the Construction/Maintenance Department has facilitated the moving of  Nature Coast Development Council and the County Planning Department and thanked the Space Committee for arranging the additional space.

Mrs. Kathy Winburn extended an invitation to come and see the offices.

 

ROAD CLOSING

Comm. Rooks moved to discuss a non-agenda item presented by Mr. Beauchamp. Comm. Yearty seconded and the MOTION CARRIED.

Mr Beauchamp presented a resolution and notice on the intent of vacating a public road described as follows:

    A strip of land in Section 19-12-19, inside the Arredondo Grant, Section 24-12-18, inside the Arredondo Grant, Section 12-12-19, outside the Arredondo Grant, and Section 24-12-18, outside the Arredondo Grant, all in Levy county, Florida, being the maintained right of way of a portion of Levy County Road No. 114 (NE 190th Avenue), said strip of land being more particularly described as follows:

    For a Point of Reference, commence at the NE corner of Section 24, Township 12 South, Range 18 East, inside the Arredondo Grant, Levy County, Florida; thence Southerly, along the East line of said Section 24, a distance of 3430.52 feet, to a point in the maintained right of way of Levy County Road No. 114 (NE 190th Avenue) and the POINT OF BEGINNING; thence run Southerly, Southeasterly and Southerly, along said maintained right of way, through said Section 24, Township 12 South, Range 18 East, inside the Arredondo Grant, Section 19, Township 12 South, Range 19 East, Inside the Arredondo Grant Government Lots 1 and 8 of Section 24, Township 12 South, Range 18 East, outside the Arredondo Grant, and Government Lots 4 and 5 of Section 19, Township 12 South, Range 19 East, outside the Arredondo Grant, a distance of 3200 feet, more or less, to the intersection with the Northeasterly right of way line of U. S. Highway 41 (State Road No. 45) and the TERMINUS POINT of said maintained right of way.

 

Mr. Beauchamp recommended holding the proposed hearing for the road closing on July 2, 2002. Comm. Stevens moved to adopt the resolution and advertise the hearing for the vacating of the described road way.  Comm. Rooks seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Beauchamp said the contract with Anderson-Columbia Co. for the widening and resurfacing of LCR 347 has been received and recommends approval of the contract with the attachment of the performance bond and proof of insurance. Mr. Beauchamp said the county engineer, Mr. Lee Mills had discovered an error in the bid package and construction costs have been reduced by $10,000.00.  Comm. Rooks moved to approve the contract with Anderson-Columbia Co. with the attachment of the performance bond and proof of insurance. Comm. Foley seconded and the MOTION CARRIED.

TAX ROLL

Mr. Beauchamp presented the list of lands that have escheated to the county after being on the list of lands for seven (7) years.

    Cert. No. 1688-1991 - Lot 65, Block 30, Rainbow Lakes Estates, Section N, formerly assessed to Don Schricker

     

    Cert. No. 1696-1991 - Lot 57, Block 30, Rainbow Lakes Estates, Section N, formerly assessed to G. Gerritt Eylders Revocable Living Trust.

     

    Cert. No. 1704-1991 - Lot 47, Block 31, Rainbow Lakes Estates, Section N, formerly assessed to Charles L. Ward and Elizabeth H. Ward.

     

    Cert. No. 1706-1991 - Lot 48, Block 31, Rainbow Lakes Estates, Section N, formerly assessed to John W. Ingram and Dorothy Y. Ingram.

     

    Cert. No. 1710-1991 - Lot 20, Block 31, Rainbow Lakes Estates, Section N, formerly assessed to Charles L. Ward and Elizabeth H. Ward.

     

    Cert. No. 1713-1991 - Lot 5, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to William David Hudson.

     

    Cert. No. 1720-1991 - Lot 35, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to Mary Orband Costanzo and Hazel V. Reeves.

     

    Cert. No. 1722-1991 - Lot 12, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to Albert Cary Williams.

     

    Cert. No. 1723-1991 - Lot 32, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to C. H. Richardson and Ethel Richardson.

     

    Cert. No. 1726-1991 - Lot 20, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to Stephen Riley.

     

    Cert. No. 1727-1991 - Lot 40, Block 32, Rainbow Lakes Estates, Section N, formerly assessed to Robert G. Ace.

     

    Cert. No. 1741-1991 - Lot 14, Block 34, Rainbow Lakes Estates, Section N, formerly assessed to William Ollie.

     

    Cert. No. 1742-1991 - Lot 27, Block 34, Rainbow Lakes Estates, Section N, formerly assessed to Joseph Meneses Estate.

     

    Cert. No. 1747-1991 - Lot 58, Block 35, Rainbow Lakes Estates, Section N, formerly assessed to Edgar W. Neeley.

     

    Cert. No. 1750-1991 - Lot 47, Block 36, Rainbow Lakes Estates, Section N, formerly assessed to Robert O. Cook and Ruth Cook.

     

    Cert. No. 1754-1991 - Lot 16, Block 37, Rainbow Lakes Estates, Section N, formerly assessed to Margaret J. Houston.

 

UNION

Mr. Beauchamp reported the first session with the collective bargaining unit was held and they will be submitting their proposal at the second session.

COMMISSIONERS

Chairman Parker said in an effort to better serve the public he encouraged scheduling one regular meeting a month at night.  Comm. Stevens said there had been some comments on its conflicting with School Board meetings.  Comm. Rooks said night meetings could be beneficial and allow attendance by citizens who work. Mr. Moody said night meetings would not affect constitutional officers or department heads who are on salary.  Comm. Rooks moved to hold the second regular monthly meeting of the County Commission at night beginning at 6:30 p.m. starting August 20, 2002. Chairman Parker recommended a trial period for six (6) months to a year. Comm. Stevens seconded and the MOTION CARRIED.

APPOINTMENTS

Comm. Foley moved to release Mrs. Sandy Fink from serving as the citizen representative on the Employee Review Committee and appoint Mr. Ron Grant as the citizen representative. Comm. Rooks seconded and the MOTION CARRIED.

COUNTY EMPLOYEES

Comm. Foley moved to appoint Mr. Fred Moody as County Coordinator. Comm. Stevens seconded.

Comm. Stevens said the position would allow Mr. Moody to handle the day to day operations and provide the authority for daily decisions.

Chairman Parker said his impression was action was going to be taken to advertise for the position of county administrator. Chairman Parker said Mr. Moody has had an outstanding performance as Assistant County Administrator.

Mr. Beauchamp explained an administrator or manager normally is a professional with a degree and a coordinator basically coordinates county functions and is a position counties of similar size utilize.

Mrs. Karen Fishbaugh said Mr. Moody was performing his duties and he would know if an assistant was needed.

Mrs. Roberta Picard said Mr. Moody is performing the job and his salary should be adjusted for the position.

Comm. Foley said if Mr. Moody finds an assistant is needed then he can recommend hiring an assistant and the MOTION CARRIED.

Comm. Foley moved to properly advertise the position of County Coordinator as a senior management position and increase the salary of Mr. Moody from $37,000.00 annually to $42,000.00 annually effective the next pay period.  Comm. Yearty seconded.  Comm. Foley explained certain classifications are already designated senior management and automatically are eligible for the increase benefits in the Florida Retirement System and other positions must be advertised as senior management positions to be eligible for those benefits and the MOTION CARRIED.

INSURANCE

Comm. Foley said notice has been received of a change in the prescription Drug Benefits and a response must be submitted on the option selected by June 7, 2002 for the October 1, 2002 renewal.

Comm. Rooks said it appeared as if the overall cost for the coverage was being increased by 19.5%. Comm. Foley said the 19.5% is a pool increase and our group percentage could be different and will be based on our experience rating.  Comm. Foley said working with a formulary has created problems in the past with prescriptions not being on the formulary.  Comm. Stevens moved to continue the prescription renewal at $7/$14, Scenario 1, with the understanding, the entire pool may amended the selection by majority vote.  Comm. Foley seconded and the MOTION CARRIED.

MUNICIPALITIES

Comm. Rooks said Mayor Carolyn Risher has announced and Independence Day Celebration on June 29, 2002 with speakers and a fireworks display.

ARCHIVES AND HISTORY

Mr. Moody said the lobby has a display on the turpentine industry. Mr. Moody explained the flags displayed have all flown over the State of Florida and are on loan by the State. Mr. Moody said the display has been prepared in conjunction with the Archives and History Center in the Clerk's office and the Board of County Commissioners with Mrs. Toni Collins preparing the display.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                         Tony Parker, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court