REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
February 18, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on February 18, 2003 at 6:30 p.m. in the Levy County Board of County Commissioners' meeting room, with the following Commissioners present:
Chairman Danny Stevens
Vice Chairman Lilly Rooks
Comm. Tony Parker
Comm. Sammy Yearty
Comm. Nancy Bell
Also present were:
County Attorney - Gregory V. Beauchamp
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. Yearty moved to approve the following expenditures presented for payment. Comm. Bell seconded and the MOTION CARRIED.
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MINUTES
Comm. Yearty moved to approve the minutes of the regular meeting of February 4, 2003 and the special workshop on February 10, 2003. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Keagon Weatherford explained he was organizing a Levy County emergency Preparation Fair for June 7, 2003, 10:00 a.m. to 2:00 p.m. in the Walmart parking lot for his Eagle Badge project. Mr. Weatherford said he would like to have the support of the County Commissioners and the participation of county departments. Mr. Weatherford said this would be beneficial to the citizens to inform them of how to be prepared for potential dangers and emergencies.
Comm. Rooks commended Mr. Weatherford for taking the initiative to help the citizens with emergency preparedness.
Mr. Dan Noah, Warning Coordination Meteorologist for the National Weather Service recognized Mrs. Paula Kennedy, Emergency Management Director and the Commissioners for their support and cooperation with the National Weather Service in preparing for potentially hazardous weather conditions.
PLANNING, COUNTY
Mr. Kelby Andrews said they were requesting consideration for a new future land use designation for property they own near Cedar Key.
Mr. Bill Weddell, Kinley-Horn and Associates, Inc., said they were recommending a land use designation that would allow for development with cluster residential developments and preserve open space to allow a level of growth and maintain the rural character.
Mr. John Sewell said their review of the Comprehensive Land Use Plan found their plan conceptually consistent with no conflicting over lay zones. Mr. Sewell said issues of conflict were the waste water treatment and utilities that would be subject for discussion. Mr. Sewell explained a package waste water treatment plant would be an option.
Mr. Andrews explained the current use was forestry and they could "clear cut", push and burn debris, plant pines and would be able to use herbicides for unwanted vegetation and fertilize. Mr. Andrews said they wanted to cease some of their industrial type industries.
Comm. Parker said it was a good concept and would generate positive revenue if the clamming industry would be protected.
Mr. Walt McJordan inquired if this land use designation was allowed, was a community development district being proposed and would this decrease revenues to the county.
Comm. Yearty said the concept should be reviewed to encompass other parcels that may be receptive for the same designation with the main concern being to protect the water quality and environment. Comm. Yearty moved to direct staff to work with Kinley-Horn & Associates, Inc. representing the Andrew's family on the concept and to provide their findings with a proposal. Comm. Rooks seconded and the MOTION CARRIED.
PROCLAMATIONS
Mrs. Sylvia Schenk presented a proclamation recognizing March as "American Red Cross Month." Mrs. Schenk explained the American Red Cross mission statement is to respond to requests during any emergency and participate in the solution. Comm. Bell moved to adopt the proclamation declaring March as "American Red Cross Month." Comm. Rooks seconded and the MOTION CARRIED.
Comm. Rooks acknowledged the assistance the Red Cross provided at the Cedar Key school fire.
AGENCIES
Mrs. Schenk requested permission to have a display table in the court house lobby for the month of March with handouts from the American Red Cross. Chairman Stevens advised Mrs. Schenk that would be allowed.
ZONING
Mr. Rob Corbitt presented the following petition for a final plat:
Petition No. - FP 1-02 - Steven McMillen, McMillen Surveying representing Jody Knight, petitioning the Board for a Final Plat of "Good Knight Farms," a subdivision located in Foxwood Farms, Lot 9, in Section 15, Township 12 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 with a recommendation of approval from the Planning Commission.
Chairman Stevens called for any opposition to the final plat and none was presented. Comm. Yearty moved to approve the final plat of "Good Knight Farms." Comm. Rooks seconded and the MOTION CARRIED.
ORDINANCES
Mr. Greg Beauchamp presented the proposed ordinance for adoption to collect an additional $3.00 for each civil traffic penalty and be used to fund traffic education programs in public and non-public schools as allowed by the "Dori Slosberg Driver Education Safety Act." Comm. Bell moved to adopt the ordinance to collect an additional $3.00 for each civil traffic penalty. Comm. Yearty seconded and the MOTION CARRIED.
JAIL
Mr. Fred Moody presented quotes for inmate medical coverage. Mr. Moody explained the quote for Option #1 would have an annual premium of $24,823.00 and is based on the number of inmates and has a claim retention commencing at $10,000.00.
Comm. Rooks recommended contacting other detention facilities and review their procedures for inmate medical treatment to see if they have any other type of cost saving procedures.
Mr. Moody explained all medical bills are being carefully reviewed with costs being passed to the municipality if applicable and requesting proof that all other avenues have been researched and eliminated by the medical facility providing the service prior to remittance of payment.
TAX ROLL
Mr. Moody presented the following Certificate of Correction of Non-Ad Valorem Assessment Roll:
J. T. and Lillian Crawford of 11071 NE 27th Court, Chiefland, correction from three (3) units to two (2) units.
Mr. Moody explained the property has been inspected by Code Enforcement and the was a recommendation for approval. Comm. Parker moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Moody said there were thirteen applicants for the position of Emergency Medical Services Director with ten (10) applicants meeting the minimum qualifications. Chairman Stevens requested Mr. Moody to arrange interviews for the ten (10) applicants to appear before the Board and Dr. McCoy.
APPOINTMENTS
Mrs. Jacqueline Martin explained there had been no inquiries for the appointment to the Meridian Behavioral Healthcare, Inc., Board of Directors and an appointment is needed to replace Mrs. Marjorie Davis. Mrs. Marie Wells advised of her willingness to serve. Comm. Parker moved to appoint Mrs. Wells to the Board of Directors, Meridian Behavioral Healthcare, Inc. to replace Mrs. Davis. Comm. Bell seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mrs. Martin presented the fire agreement with Morriston/Montbrook Volunteer Fire Department for the 2002-2003 fiscal year. Comm. Yearty moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mrs. Marie Wells explained the rescue unit approved for purchase on May 21, 2002 for $94,000.00 has been received and the total cost is $97,900.00. Mrs. Wells said a confirmation letter was sent June 7, 2002 for the cost of $97,900.00 with options totaling $5,533.00. Mrs. Wells requested approval for the expenditure of the additional $3,900.00 for the rescue unit. Comm. Rooks moved to approve the payment of the additional $3,900.00. Comm. Parker seconded.
Mrs. Wells explained the additional items were approved October 2, 2002 with a letter of confirmation prior to the commencement of production of the unit. Mrs. Wells said Mr. Gary Goetsch of The Phoenix Group had explained at delivery that some items were added for safety and only the stainless wheel covers were a standard option.
Mrs. Wells said the grant was awarded for approximately $85,000.00 with the county being responsible for the additional 10% to bring the purchase price to $94,000.00 with the radios being excluded and purchased from the budget.
Comm. Parker said the bid was approved at $94,000.00 and there was a concern on how the cost exceeded the approved bid.
Mrs. Wells explained the bid was "piggy-backed" with a purchase by Escambia County and the grant must be closed by midnight on March 7, 2003.
Comm. Rooks moved to amend her action to approve payment of the $3,900.00 contingent on the billing being reviewed for any over charge or deviation from the specifications approved and the options that are specifically on the unit with the additional amount being paid from the Emergency Medical Services budget and final review by Mr. Moody, County Coordinator. Comm. Parker seconded the amended action and the MOTION CARRIED UNANIMOUSLY.
Mrs. Wells said an Employee of the Month Award has been instituted and the employee of the month for December was Eli Ingram, January was John Partain and the employee of the month for February is Brett Sandlin.
UNION
Mr. Brett Sandlin said the International Association of Fire Fighters, #4069 has recommended a fire and rescue merger to meet the growing needs of the county and proceed with instituting paid firefighters. Mr. Sandlin explained it would be a long process and their union will prepare a survey assessment for long term planning that will address population needs for efficient response times by emergency personnel.
Mr. Sandlin said this proposal would allow fire rescue personnel to be the first response unit and rescue attending to complete medical treatment and transport. Comm. Rooks moved to approve the drafting a letter to be submitted to the union to allow a survey assessment for fire and rescue needs at no cost for this service. Comm. Bell seconded.
Mr. Victor Scott said the fire fighters are committed to first response and there a firefighters who are available for first response. Mr. Scott requested inclusion on any committee that may be established.
Mrs. Wells said the fire fighters are not currently used as first response due to liability concerns with the municipalities and county and the MOTION CARRIED UNANIMOUSLY.
CONTRACTS AND AGREEMENTS
Mrs. Paula Kennedy presented a contract for professional services with Withlacoochee Regional Planning Council for the development of a County Terrorism Annex Plan and a County Continuity of Operations Plan. Mrs. Kennedy said the cost will be covered with a grant recently awarded and approved. Comm. Bell moved to approve the contract. Comm. Yearty seconded and the MOTION CARRIED.
ROADS, STATE
Mr. Walt McJordan said there is concern with traffic problems developing on SR 24 in the Rosewood area near Cypress Station with the increase of traffic on Shiloh Cemetery Road. Mr. McJordan said a no passing zone and speed reduction is needed at the site to control traffic.
Mr. Ron Grant inquired if any response had been received concerning the median cuts on US 27 Alternate.
Comm. Parker explained there had been a meeting with the Department of Transportation (DOT) and the concerns have been discussed.
COUNTY FIRE CHIEF
Mr. Victor Scott said the fee schedule for fire response and enforcement is being reviewed and additional information is being obtained from the Sheriff's Office and Fire Advisory Board.
Mr. Scott said the recommendation to change the title of County Fire Chief to County Fire Services Coordinator or Director. Mr. Scott said concerns have been expressed that the County Fire Chief would assume control of an incident and the County Fire Chief should be the liaison with the County Commissioners and be responsible for coordinating training, equipment, fire prevention, fiscal management and capital resource management.
Mr. Scott explained the job description will be prepared and submitted for review. Comm. Bell moved to approve the title of County Fire Services Coordinator or Director as per the recommendation of the Fire Advisory Board. Comm. Parker seconded and the MOTION CARRIED.
BUDGET
Mr. Scott said the Fire Advisory Board is requesting a portion of the allocated funds for equipment be approved for use in training.
Chairman Stevens said there are departments that need equipment and the funds should not be diverted from that designation.
Mr. Bill Carrecia said a training program is scheduled in Otter Creek for volunteer fire fighters and if he is hired as a part-time instructor by the Fire School the state may pay for the training.
Chairman Stevens explained the consensus of the Board was to maintain the budget allocation for equipment.
COUNTY FIRE CHIEF
Mr. Scott said he attended a grant workshop and there are funds on a competitive grant basis available which he will be applying for.
Mr. Scott reported two (2) volunteer fire departments, Rainbow Lakes Estates and Rosewood have not returned the fire contracts and funds are not being released.
Chairman Stevens requested Mr. Moody to investigate and report on the status of the contracts. Comm. Rooks said she would discuss the contract with the Rosewood Volunteer Fire Department.
Mr. Scott said a Center for Disease Control advisory concerning water utilities has been provided for information only.
LIBRARY
Mr. Tom Reitz submitted a proposed policy for responding to law enforcement inquiries in accordance with Florida Statute 257.261. Mr. Reitz explained the policy designates a chain of command for releasing records concerning patrons and does not create an unlawful act or obstruction of law. Mr. Reitz said the policy has been reviewed by the County Attorney, Sheriff and the Library Advisory Board. Comm. Yearty moved to adopt the policy for responding to law enforcement inquiries. Comm. Bell seconded and the MOTION CARRIED.
GRANTS
Mr. Reitz requested authorization to apply for the renewal of the grant to fund the Library Youth Services Project. Mr. Reitz said the program has been successful and the goal is to include the 7 to 12 year old age group. Mr. Reitz presented the kit that is part of the project for parents of new born babies. Mr. Reitz said this grant does not require matching funds and will be submitting an application for up to $50,000.00. Comm. Yearty moved to approve the request to apply for the grant to fund the Youth Services Project. Comm. Bell seconded.
Mrs. Renate Cannon inquired if the closing of the state library will impact the local libraries. Mr. Reitz said the proposed closing will not be detrimental to the local system and the federal and state grants will still be available. Mr. Reitz said it does not appear the proposal will be good for the library community and the MOTION CARRIED.
LIBRARY
Mr. Reitz presented the proposed brochure that is being prepared for distribution to encourage library patronage.
PLANNING, COUNTY
Mrs. Kathy Winburn requested authorization to schedule the first public hearing on March 18, 2003 for the proposed Access Management Overlay District. Chairman Stevens advised the public hearing would be held during the regular board meeting on March 18, 2003.
APPOINTMENTS
Comm. Yearty moved to appoint Mr. Jeff Davis as the non-voting member representing the School Board of Levy County on the Planning Commission. Comm. Bell seconded and the MOTION CARRIED.
Mr. Beauchamp said any compensation for Mr. Davis would be from the School Board.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 110th Court, Oak Ridge Estates, for eight (8) loads of rock and two (2) hours of grading for and estimated cost of $2,534.00, commencing at 64th Street from NE 110th Court and ending at NE 112th Terrace.
Comm. Parker moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 100th Street, University Estates, for two (2) loads of rock and one (1) hour of grading for and estimated cost of $667.00, commencing at NE 107th Court and ending at NE 110th Avenue.
Comm. Parker moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
JAIL
Sheriff Johnny Smith said the needs assessment for the jail has been completed and recommended proceeding with extending Invitations to Bid for architectural design of the facility. Comm. Yearty moved to proceed with the Invitation to Bid for architects for the jail. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
TAX ROLL
Mrs. Susan Haines presented the List of Lands Available For Taxes from the Tax Deed Sale of January 27, 2003.
ATTORNEY, COUNTY AND STATE
Mr. Beauchamp presented the following attorneys for appointment to the Conflict Attorney List:
Benedict J. Celso
Aberdeen R. Speights
John D. Whitaker
Adriane M. Isenberg
Angela Jacobs
Matthew J. Wells
Dale E. Workman
Comm. Parker moved to approve the appointments to the Conflict Attorney List. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Beauchamp explained Mr. Moody and he met with the Nabors, Gilibin & Nickerson Law Firm to discuss special assessments and revenue sources. Mr. Beauchamp explained they are reviewing the information that has been prepared and a proposal will be submitted. Mr. Beauchamp recommended considering retaining the firm of Nabors, Gliblin & Nickerson to assist with special assessments.
ARCHIVES AND HISTORY
Comm. Parker inquired if storage space the old tax records presented by Mr. Francis Akins had presented at the last meeting had been found. Mr. Watson said they are stored at the Road Department.
BIDS
Comm. Bell presented a proposed recommendation for a bid policy. Comm. Bell said she was not certain that the current policy was adequate and recommended staff review the Florida Statutes and prepare a proposal for purchasing categories, invitation for bids, requests for proposal and requests to negotiate.
Chairman Stevens requested Comm. Bell, Mr. Moody, Mr. Danny Shipp and Mrs. Sheila Rees to review the current bid policy and to report on their findings and recommendations.
COUNTY EMPLOYEES
Comm. Bell said a review of the holiday schedule for Board holidays and the Eighth Judicial Circuit Holidays were not concurrent and recommended reviewing the calendar to allow the entire facility to be open. Comm. Bell said the "floating holiday" is difficult to manage and recommended including Good Friday on the holiday schedule.
Chairman Stevens said the "floating holiday" was a management tool and was requested by the employees.
Mr. Beauchamp explained the holiday system is negotiated with the unions and the Eighth Judicial Circuit holidays only affect the Judges and judicial assistants. Mr. Beauchamp said the "floating holiday" was contracted for in the bargaining agreements and the union negotiations will commence in 2004.
Mr. Moody explained the holiday schedule for 2003 was adjusted with union agreement by exchanging Wednesday, December 24, 2003 for Friday, December 26, 2003.
AGENCIES
Comm. Bell said she was interested in the North Central Florida Community Alliance and understood Comm. Rooks was the appointment to that board and was only interested in learning more about the board but did not want to replace Comm. Rooks.
Comm. Rooks moved to appoint Comm. Bell to the board for the North Central Florida Community Alliance. Comm. Rooks motion died for a lack of a second.
Comm. Rooks recommended alternating the attendance to the meetings.
RESOLUTIONS
Comm. Rooks said the governor's proposed budget plans to eliminate 51 of the 54 aquaculture inspectors and that action will have a significant impact on the clamming and aquaculture industry and recommended submitting a resolution to the governor with the concerns. Comm. Rooks moved to submit a resolution to the governor supporting the clamming industry. Comm. Parker seconded and the MOTION CARRIED.
Mrs. Sandy Fink said this an important issue and requested all concerns be addressed to the governor.
Mr. Abraham Blitch inquired if this was singling out one industry over all others. Comm. Rooks explained this is a specific cut affecting the clamming industry and Levy county has the distinction of being first in clam production in the country.
Chairman Stevens with the consensus of the board agreed to Comm. Rooks arranging a forum with representatives from state and clamming industry.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court