REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

September 17,  2002

 The Regular Meeting of the Board of Levy County Commissioners was held on September 17, 2002  at 6:30 p.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 Coordinator - Fred Moody

 

 The Chairman called the meeting to order at 6:30 p.m..  The invocation was given by Mr. Justin Watson followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 Comm. Foley moved to approve the following expenditures presented for payment. Comm. Yearty seconded and the MOTION CARRIED.

FUND                                                               AMOUNT
CHECK NUMBERS:   66866-67104

 

GENERAL FUND                                     $191,272.65

ROAD & BRIDGE FUND                           166,041.18

LIBRARY FUND                                               5,034.93

PERMANENT MOSQUITO CONTROL       18,830.95

FINE & FORFEITURE FUND                       40,808.50

LANDFILL & RECYCLING                           88,972.88

SPECIAL LAW ENFORCEMENT              24,463.25

COURT FACILITIES                                             97.07

FLORIDA POWER GRANT FUND               1,567.37

EMERGENCY MEDICAL SERVICE          19,442.82

FIRE CONTROL                                               6,363.50

UTILITIES FUND                                                 821.48

 

TOTAL                                                        $563,716.58

 

MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of September 3, 2002. Comm. Rooks  seconded and the MOTION CARRIED.

BIDS

Mrs. Jacqueline Martin presented the following bids received for leachate hauling:

    Dean Trucking Company                                                          $137.50
               per 6,000 gallons per load to Gainesville Regional Utilities

    Gainesville Regional Utilities (GRU)                                       $150.00
               per 6,000 gallons     per load to Gainesville Regional Utilities or City of Williston
               wastewater dump site.

    American Water Services Residuals Management, Inc.     $0.04200
               per gallon per 6,000 gallons per load to Gainesville Regional Utilities

 

Chairman Parker requested Comm. Stevens, Mr. Wayne Hardee and Mr. Fred Moody to review the bids for the leachate hauling service and report on their findings.

CONTRACTS AND AGREEMENTS

Mrs. Barbara Locke presented the Health Department contract for the 2002-2003 fiscal year. Mrs. Locke said there has been an increase of some services including a Coastal Beach Monitoring program that monitors the water quality in Cedar Key.

Comm. Yearty moved to adopt the contract for the Health Department.  Comm. Foley seconded and the MOTION CARRIED.

TRANSPORTATION

Mrs. Gwen Pra, Florida Department of Transportation (FDOT) presented Comm. Foley an award for his years of service on the Levy County Disadvantage Transportation Board from the District Department of Transportation and the Withlacoochee Regional Planning Council and the VIP Award and a Letter of Appreciation from the District Secretary of Transportation.

Mrs. Pra said the transportation system is progressing and the 22 passenger bus with a wheel chair lift has been delivered. Mrs. Pra explained the grants that have been received to operate the transportation system and other federal and state  grants that are available to continue and expand the transportation system.

Mrs. Pra said the Levy County Transportation Steering Committee has prepared recommendations for routes, fares, safety procedures and the need of a manager being appointed as of October 1, 2002 to proceed with obtaining the grant funds and signing of purchase orders.

Comm. Yearty explained Mr. Major Stroupe has participated on the steering committee and the Transportation Disadvantaged Board and was familiar with the program and recommended his appointment as manager of the transportation system in conjunction with  his duties as Veteran's Service Officer. Comm. Yearty moved to appoint Mr.  Stroupe as manager of the Transportation System and approve the resolution in compliance with the grant applications. Comm. Foley seconded and the MOTION CARRIED.

Comm. Yearty said the transportation program can operate from the same office space utilized by Mr. Stroupe for the Veteran's Service Office and as manager he can designate the location for storage of the vehicles.

AGENCIES

Mr. Lannie Cardona said the Nature Coast Business Development Council had a telephone survey conducted for the proposed Local Option Tourist Development Tax that is to be placed on the ballot for the General Election in November.  Mr. Cardona explained the majority of the voters surveyed revealed that they supported economic development including industrial, commercial, agriculture, aquaculture and tourism while valuing their rural heritage and lifestyle.

BIDS

Mr. Wayne Hardee said the bids for the leachate hauling had been reviewed and the committee recommended the acceptance of the low bid from Dean Trucking.  Comm. Stevens moved to approve the bid from Dean Trucking.  Comm. Rooks seconded and the MOTION CARRIED.

COMMISSIONERS

Chairman Parker recognized Ms. Nancy Bell, newly elected County Commissioner for District 2 who will assume office in November.

ORDINANCES

Chairman Parker called the public hearing for the adoption of the proposed mining ordinance to order.

Mrs. Kathy Winburn, County Planner reviewed the proposed changes that resulted from the previous workshops reviewing the mining ordinance.  Mrs. Winburn said the changes clarified definitions, requirements for different mining operations and buffering requirements.

Mr. Steve Pomeroy, representing White Construction, said they were opposed to the ordinance as it infringed on the rights of property owners and they would pursue legal action for damages under the 1987 Burt Harris Act.

Mrs. Sandy Fink requested supporters for tighter regulations on mining permits to stand and be recognized.

Mr. Phil Beck said a large group of residents he represented supported the mining ordinance and requested the rights of individuals with smaller land holdings should be protected, and the parks, rivers, springs and streams needed to be protected and recommended adopting the proposed ordinance.

Comm. Yearty requested V. Additional Requirements, (e) Liability (1) be amended to allow alternate surety and (2) no bond if above grade is approved by the Department of Environmental Protection with a majority vote of the Board.

Mr. Greg Beauchamp said the ordinance is defendable.

Mr. Steve Pomeroy referred to a case that has been referred to the Third District Court of Appeal who affirmed the lower court and an article published in the Farmer and Rancher .

Mr. Beauchamp explained the case referred to a case in Key Largo and concerned a moratorium issue and was not based on the same facts.

Mrs. Vera Ritch requested clarification if the site owned by White Construction near Manatee Springs was "grandfathered in" or would have to meet the new permitting requirements.

Mr. Beauchamp explained Mr. White would have to comply with the ordinance.

Comm. Foley said it appeared the ordinance is infringing on property rights, and it would be difficult for any mining operations to be started and comply with the ordinance.

Comm. Yearty moved to adopt the ordinance relating to mining as read and with the discussed changes concerning the surety bond.  Comm. Rooks seconded. Comm. Rooks, Comm. Stevens, Chairman Parker and Comm. Yearty voted YES, Comm. Foley voted NO and the MOTION CARRIED.

ANIMAL CONTROL

Ms. Dale Lambert said a neighbor has been complaining about her bull dogs and would like to be certain she is within her rights under the Animal Control Ordinance.

Mr. Beauchamp recommended Ms. Lambert arrange an appointment with Mr. Wayne Hardee to review the Animal Control Ordinance.

MUNICIPALITIES

Mayor Carolyn Risher, Town of Inglis, explained eight (8) roads are in unsafe condition and the Town of Inglis was requesting county assistance to provide  three (3) dump trucks, a grader and a Road Department employee to provide maintenance to the roads. Mayor Risher said the Town of Inglis does not have the funds in their budget to reimburse the work,  but can provide three (3) employees and a grader.  Mayor Risher said Semex is providing the limerock to repair the roads.

Comm. Yearty said the needed repairs are for approximately two (2) miles of roadway. Comm. Yearty moved to approve the requested maintenance on a one (1) time basis within the Road Department's work schedule.  Comm. Stevens seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Fred Moody presented two (2) annual contracts for the County Attorney, Mr. Greg Beauchamp and County Engineer, Mills Engineering.  Mr. Moody said the current contract for Mr. Beauchamp is $6,185.01 per month and the union negotiations are not resolved but a three (3) percent salary increase is being discussed. Comm. Yearty moved to approve the contract with Mr. Greg Beauchamp for attorney services with an increase in salary at the rate received by other employees.  Comm. Foley seconded.  Comm. Stevens recommended a two (2) year contract term. Chairman Parker said an extended term of the contract was discussed if the position was advertised for bids.  Comm. Yearty moved to amend the renewal of the contract for attorney services with Mr. Beauchamp for two (2) years with salary increases to be negotiated after the union contract is accepted. Comm. Foley seconded. 

Mr. Abraham Glitch recommended bidding the contract on a renewable contract with a raise included.

Chairman Parker recommended a one (1) year contract and a review of the fees for services.

Comm. Rooks said Mr. Beauchamp is available to provide legal advice to commissioners and Department Heads and does not charge additional for the many contacts that are made and the MOTION CARRIED.

Mr. Moody presented the contract from Mills Engineering for engineering services.  Mr. Moody said the contract allows for compensation on an hourly basis as follows

       Principal Engineer                                            $75.00

       Project Engineer                                                $65.00

       Design Engineer                                               $60.00

       Other                                             Salary time rate 3.0

Mr. Moody explained engineering costs were approximately $152,000.00 for the 2001-2002 fiscal year to meet the needs for the engineering reports required on all paving projects including road improvements from grant funds. Comm. Yearty moved to approve the contract with Mills Engineering for the 2002-2003 fiscal year. Comm. Stevens seconded and the MOTION CARRIED.

APPOINTMENTS

Mrs. Martin advised several vacancies have occurred on the Levy County Transportation Disadvantaged Coordinating Board and it has been recommended appointing Mr. Jim Timmer as a voting member representing Private for Profit Transportation Industry Representative and appointing Mr. Jerry Saye to replace Ms. Andrea Kirby from Mid -Florida Area Agency on Aging and Ms. Barbara Cook as an alternate replacing Ms. Janet Kreischer.  Comm. Foley moved to approve the appointment of Mr. Jim Timmer, Mr. Jerry Saye and Ms. Barbara Cook to the Levy County Transportation Disadvantage Coordinating Board.  Comm. Yearty seconded and the MOTION CARRIED.

BUDGET

Comm. Foley moved to discuss a non-agenda item relating to Devil's Hammock.  Comm. Yearty seconded and the MOTION CARRIED.

Mrs. Martin explained a budget amendment of $60,000.00 was needed from General Reserve and transferred to line items in the Devil's Hammock budget for repair and maintenance of equipment and buildings and improvements for check stations. Comm. Yearty moved to approve the budget amendment of $60,000.00. Comm. Foley seconded and the MOTION CARRIED.

COMMISSIONERS

Comm. Foley moved to discuss a non-agenda item.  Comm. Yearty seconded and the MOTION CARRIED.

Mrs. Martin explained a Board meeting needed to be scheduled for Monday, September 30, 2002 at 10:00 a.m. for the closing of the fiscal year and the payment of any bills.  Chairman Parker confirmed the scheduling of the meeting for Monday, September 30, 2002 at 10:00 a.m..

APPOINTMENTS

Comm. Foley explained a chairman needed to be appointed to the Transportation Disadvantaged Board since he will be resigning with his completion of public office. Comm. Foley moved to appoint Comm. Yearty as chairman of the Transportation Disadvantage Board. Comm. Stevens seconded and the MOTION CARRIED.

DEVELOPMENT DEPARTMENT

Mr. Rob Corbitt presented the Community Rating System Annual Recertification for the Federal Emergency Management Association (FEMA) administered by Insurance Services Office (ISO) that allows for a reduction in flood insurance premiums for standards required above the minimum requirements.  Comm. Yearty moved to authorize the chairman to sign the recertification. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Corbitt presented the resolution and proposed increases for Permit Fees and Charges Schedule for approval.  Mr. Corbitt explained the fees have not been increased since 1983 and the proposed fees should be sufficient for the next five (5) years to allow the Development Department to be fee supported. Mr. Corbitt said the Construction Licensing Board reviewed by proposed increases and supported the changes.

Mr. Beauchamp read the proposed resolution that supports the enactment of the increased Permit Fee and Charge schedule effective October 1, 2002. Comm. Yearty moved to approve the resolution and Permit Fee and Charge scheduled. Comm. Stevens seconded and the MOTION CARRIED.

EMERGENCY MEDICAL SERVICES

Mr. Brett Sandlin said a grant is available to offset the costs of tuition, books, and supplies for training Emergency Medical Technicians and Paramedics at no cost to the county for matching funds.  Mr. Sandlin explained Putnam County has secured grant funds to send seven (7) EMT's to school and they have offered to advise  Levy County in applying for the grant application.  Comm. Rooks recommended Mr. Sandlin request to be on the agenda for the October 8, 2002 meeting to further discuss the proposal and have the presentation from the Human Resource Director of Putnam County.

COUNTY FIRE CHIEF

Mr. Rick Lombardo said the allocated budget will not meet the needs of the Volunteer Fire Departments and requested the allocation of $66,266.00 the balance from the $100,000.00 approved for the 2001-2002 fiscal year.

Mr. Danny Shipp explained the $66,266.00 was used to balance the budget and was not placed in the budget for the Fire Departments.

Mr. Lombardo said many of the fire departments have insurance premiums for equipment due and will not be able to meet all their fiscal needs with the proposed budget.  Comm. Yearty moved to approve a budget transfer of $66,266.00 from the Contingency Fund to the Fire Departments budget for the 2002-2003 fiscal year. Comm. Rooks seconded and the MOTION CARRIED.

Mr. Shipp explained a transfer of that amount from the Capital Improvements Fund may be made by Board action at a later date to the Contingency Fund if needed.

Mr. Lombardo recommended installing a pump at the boat ramp in Fowler's Bluff. Mr. Lombardo said they have an engine and pump that could be installed and it could allow for a lower fire insurance rating from Insurance Services Office (ISO). Comm. Rooks recommended Mr. Lombardo meet with Mr. Corbitt, Mr. Justin Watson and Mr. Kelly Jerrels to review the recommendation and determine if there is sufficient right-of-way.

CONTRACTS AND AGREEMENTS

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

Mr. Lombardo said the South Levy Volunteer Fire Department was approved for a $5,000.00 increase for the 2000-2001 contract year on a one time basis and it was included in the 2001-2002 contract.  Mr. Lombard said  clarification is needed if it is the intent to continue that increase as part of South Levy Volunteer Fire Department's allocation in the budget.  Mr. Lombardo explained the request was never brought before the Fire Advisory Board.

Chairman Parker advised Mr. Lombardo to take the matter before the Fire Advisory Board and obtain their recommendation if they are going to continue the funding of the additional $5,000.00 to South Levy Volunteer Fire Department from the allocated budget.

Mr. Victor Scott said an extension for the ratification of the fire contracts is needed to allow the Fire Advisory Board to review the contracts and secure approval.  Comm. Stevens moved to approve an extension of fire contracts with the county fire departments and city fire departments for thirty (30) days until October 31, 2002. Comm. Rooks seconded and the MOTION CARRIED.

EQUIPMENT

Mrs. Kathy Winburn requested authorization to purchase a Minolta copier under state contract for the Planning Department at $8,360.00.  Mrs. Winburn explained the cost for the copier will be divided with the Planning Department and Nature Coast Development Council and was included in the 2002-2003 budget.  Comm. Yearty moved to approve the purchase request for a Minolta copier.  Comm. Rooks seconded and the MOTION CARRIED.

PLANNING, COUNTY

Mrs. Winburn requested authorization to advertise a public hearing for a small scale land use amendment on October 8, 2002 at 10:30 a.m..  Comm. Rooks moved to approve the public hearing for the small scale land use amendment for October 8, 2002.  Comm. Foley seconded and the MOTION CARRIED.

BIDS

Mr. Justin Watson said the bids received for supplies to the Road Department had been reviewed and the following recommendation was being submitted:

    Trinity Industries - guard rails - accept as low bidder.

    Blackledge - emulsion tar - advertise for new bids, received only one (1) bid and product was unsatisfactory.

    Safety Zone, Fisher Scientific and Municipal Supply - safety supplies - allow use of all three (3) vendors for items that provide lowest price. All three (3) vendors have the supplies with varying costs.

    Jones Plumbing and Suwannee Valley Precast - port-a-potties - same bid price - recommend equally dividing between vendors.

    DEC Sod - sod - accept as low bidder.

    Gulf Atlantic - metal culvert pipe - accept as low bidder.

    Central Materials - asphalt/cole mix - accept as low bidder.

    Rocal, Municipal Supply, Vulcan, Inc. and 3M - sign materials - allow use of all four (4) vendors for items that provide lowest price. All four (4) vendors have the supplies with varying costs.

Chairman Parker advised Mr. Watson to contact Jones Plumbing and Suwannee Valley Precast to see if they would agree to both vendors being used.

Comm. Stevens moved to accept the recommendation for the bids received for supplies to the Road Department as presented. Comm. Yearty seconded and the MOTION CARRIED.

Mr. Watson requested authorization for Mr. Charlie Bedford be allowed to sign purchase orders to replace Mr. Sammy Pruitt who is no longer employed at the Road Department. Comm. Yearty moved to authorize Mr. Bedford to sign purchase orders.  Comm. Foley seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Mr. Watson presented the following requests for maintenance on a one (1) time basis:

    NE 110th Avenue and NE 98th Lane, located in University Estates, requiring three (3) loads of rock for NE 98th Lane and two (2) loads of rock for NE 110th Avenue for an estimated cost of $1,500.00.

 

Comm. Stevens moved to approve the request for maintenance on a one (1) time basis.  Comm. Rooks seconded and the MOTION CARRIED.

    SE 168th Avenue, grading for one (1) hour at an estimated cost of $67.00.

 

Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.

    NW 60th Lane and NW 61st Lane, located in Crestfield Trading Company Subdivision, grading for three (3) hours at an estimated cost of $201.00.

 

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis.  Comm. Stevens seconded and the MOTION CARRIED.

EQUIPMENT

Mr. Watson presented a request to purchase a hydraulic pumping kit for the water tanker and provided the following quotes:

    Ring Power                                                                 $5,500.00
    United Truck and Equipment                                   $5,550.00

 

Comm. Yearty moved to approve the purchase of a hydraulic pumping kit from Ring Power for $5,500.00. Comm. Foley seconded and the MOTION CARRIED.

SHERIFF

Sheriff Smith said the auction of the two (2) helicopters from the Sheriff's Office realized $275,000.00 and after reimbursing the Federal Forfeiture Fund $1,000.00 and paying the commission of $13,750.00 to the auctioneer, the remaining balance of $260,250.00 is being presented to the Board.

SHIP

Mr. Danny Shipp presented the following Deferred Payment Loan Agreement:

    Donna Jackson, to purchase a home located at 6250 NE 101st Terrace, The Pines, Unit 2, Block 4, Lot 1, Bronson, in the amount of $8,100.00.

 

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

Mr. Shipp presented a Satisfaction of Mortgage on the following:

    Delores Inez Coulter, Lot 15, Countryside Estates.

 

Comm. Rooks moved to approve the Satisfaction of Mortgage. Comm. Stevens seconded and the MOTION CARRIED.

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

Mr. Greg Beauchamp presented the following Satisfaction of Mortgage:

    Judy E. Thomas, Lot 10, Block B, D. D. Allen's First Subdivision.

Comm. Rooks moved to approve the Satisfaction of Mortgage. Comm. Stevens seconded and the MOTION CARRIED.

SUITS

Mr. Greg Beauchamp presented a letter from C. David Coffey, Esquire concerning the suit filed by Freebee Landholdings, Ltd..  Mr. Beauchamp explained the Circuit Court found the Board of Adjustment failed to provide findings of fact in support of the denial of the application and counsel for Freebee Landholdings, Ltd., is requesting attorneys fees and costs in the amount of $961.46.

Mr. Beauchamp explained Mr. Coffey will represent the county to defend the payment of the attorney fees and costs, however, his attorney fees would exceed the $961.46. Comm. Yearty moved to authorize payment of $961.46 to the applicant, Freebee Landholdings, Ltd.. Comm. Stevens seconded and the MOTION CARRIED.

UNION

Mr. Beauchamp said collective bargaining is continuing and recommends an executive meeting to review the proposed union contract.  Mr. Beauchamp explained an executive meeting can legally convene to discuss the union contract.

MUNICIPALITIES

Comm. Stevens said a copy of the ordinance for the Radio Communications Fund was submitted to the City of Williston to defend the action taken at a previous meeting denying the request by the Chief of Police of Williston for funds from that account.  Comm. Stevens recommended the ordinance be reviewed to clarify the intent and purpose of the fund.  Comm. Stevens explained the municipalities have previously funded their law enforcement agencies for radio communication equipment.

PLANNING COMMISSION

Comm. Foley moved to appoint Mr. Eugene Pollock to the Planning Commission for another term. Comm. Yearty seconded and the MOTION CARRIED.

BUDGET

Mrs. Susan Haines said the budget amendment approved on August 20, 2002 should be clarified as follows:

    The budget amendment approved on August 20, 2002, will create a Capital Projects Fund from the equity of the Debt Service Fund and estimated revenues.

 

COMMISSIONERS

Mr. Ron Grant recommended ceasing the night meetings as  attendance has not increase.

Mr. Abraham Glitch said it would be difficult for him to attend any of the meetings if they were all held during the day.

Chairman Parker said the night meeting is an attempt to better serve the public and wanted to allow sufficient time for additional public participation.

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

                    Tony Parker, Board Chairman

ATTEST:

 

Danny J. Shipp, Clerk of Court