REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 22, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on April 22, 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
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. Jimmy Willis followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Yearty moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
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MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of April 8, 2003. Comm. Parker seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Jamie Griffin, Mayor of the Town of Bronson, said the two (2) Department of Community Affairs (DCA) grants awarded for the installation of the sewer system have been received and Phase 1 and Phase 2 will be completed and operational by October 15, 2003. Mr. Griffin explained original plans included the expansion of the waste water treatment plant at the jail and the cost would be 1.5 million dollars. Mr. Griffin said to construct a new waste water treatment plant the cost would be 1.7 million dollars. Mr. Griffin said the town had decided to construct a new facility and Suwannee River Water Management District had purchased land for a spray field and would deed this to Bronson. Mr. Griffin explained the county would benefit by no longer having to operate a waste water treatment plant and requested a contribution of $100,000.00 to allow the construction of the larger facility. Mr. Griffin said an agreement could be reached to offset connection costs and reduction in monthly water bills until there is reimbursement of the $100,000.00.
Chairman Stevens explained long term savings would be realized through this proposal and allow the cessation of the operation of the waste water treatment plant at the jail.
Mr. Griffin said the proposed jail expansion would require expansion of the current system and those costs would exceed $100,000.00.
Comm. Yearty explained the proposal would benefit the county but was concerned on committing funds when there were severe budget limitations.
Comm. Bell moved to approve the commitment of $100,000.00 to the Town of Bronson for the waste water treatment plant contingent of an agreement allowing reimbursement to the county in lieu of monthly usage fees. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
AGENCIES
Mr. Lannie Cardona said Mr. Bill Stewart has resigned from the Tourist Development Council and Ms. Janet Blackwell was being recommended for appointment as an accommodation representative. Comm. Bell moved to approve the appointment of Ms. Janet Blackwell to the Tourist Development Council. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
RESOLUTIONS
Ms. Sally Lieb said the month of May is being designated Florida State Parks Month and read a resolution for consideration. Ms. Lieb explained the economic impact from attendance to the local state parks. Ms. Lieb said there are volunteer support groups for the state parks. Ms. Lieb said free admissions will be allowed to Manatee Springs and Fanning Springs on Saturday, May 17, 2003 in recognition of Florida State Parks Month and Armed Forces Day and on April 27, 2003 as part of the area-wide Earth Day celebrations. Comm. Rooks moved to adopt the resolution. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Comm. Bell commended the Park Service for waiving fees on Earth Day.
Mrs. Roberta Picard said Ms. Lieb and the Park Service has supported the preparations for the celebration of Earth Day.
MUNICIPALITIES
Mr. Ron McQueen said the City of Fanning Springs was requesting assistance to pave a drive way at the fire station connecting to Suwannee River Drive. Comm. Bell moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Justin Watson said an estimate for materials had been prepared and the lime rock will cost $2,726.50 and the asphalt will cost $4,256.35.
ZONING
Mrs. Amie Zamora explained she was concerned on the usage of hay bales being stacked along her property line to serve as a noise barrier from the shooting taking place at Rhino Outdoors. Mrs. Zamora said there are other barriers available that she believes would be more suitable.
Mrs. Zamora said the noise study at Rhino Outdoors has been scheduled for Saturday, April 24, 2003 at 9:00 a.m. and she is arranging to have shooters present. Mrs. Zamora said Mr. Morales had no objections. Mrs. Zamora said they wanted to provide the various selection of guns and ammunition for the test and would have their representative from Siebein Associates, Inc. present during the noise test.
Mr. Fred Moody said Mat Johnson, Code Enforcement and the Sheriff's Office would be present during the test and the county equipment would be used.
Comm. Parker said a determination is needed to insure that the equipment is presenting accurate readings with correct interpretation of the reading for the enforcement of the noise ordinance.
Mr. Greg Beauchamp explained the reading from the noise test that the zoning decision was based is being challenged and the county is not obligated to pay for the cost of the consultant but the funds could legally be expended but this could be establishing a precedence for reimbursement of studies from challenges to ordinances without a court order.
ZONING
Comm. Parker said he had discussed the issue of including a deed restriction for "homes only" for the Gator Acres plat with Mr. Paul Droney and Mr. Droney had indicated he would be putting this restriction on the deeds even though it was not a requirement.
Mr. Beauchamp explained this is a voluntary action by the developer and the county does not have the authority to make it a condition of the plat approval. Mr. Beauchamp said the final plat for Gator Acres meets the requirements for a subdivision and deed restrictions not included in the plat may not be legally used in a zoning decision for a subdivision plat.
Mr. Bob Tomashevsky expressed concern on the deed restrictions not being included with the plat.
Comm. Yearty moved to approve the final plat for Gator Acres based on the recommendation of the plat review committee of its compliance with the subdivision regulations and noted there is not a legal basis to impose deed restrictions as a condition to approval. Comm. Bell seconded.
Ms. Anita Mercer said they were assured the area would be homes only and the area adjacent to their property would remain pasture and they would maintain their privacy.
Mr. Ron Grant said the matter of deed restrictions would be a civil matter and not related to this plat and the MOTION CARRIED UNANIMOUSLY.
MUNICIPALITIES
Mrs. Sunshine Baynard, Mayor of Chiefland said the city has adopted a resolution establishing a Sidewalk Priority List and are requesting the Board to approve their schedule of priority.
Mr. Justin Watson said the side walk projects have been included in the priority list and this was rearranging the priority of the projects. Comm. Rooks moved to approve the recommended changes for the City of Chiefland enhancement program for sidewalks. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Mrs. Baynard said the City of Chiefland would like to have a joint workshop to discuss various issues of concern.
Chairman Stevens advised Mr. Moody to coordinate the workshop and allow sufficient advertising of the meeting.
EMERGENCY MEDICAL SERVICES
Mr. Billy Careccia said he was requesting authorization to continue to assist the City of Chiefland Fire Department. Mr. Careccia explained it would not interfere with his duties as Emergency Medical Services Director and there would be some form of compensation as a volunteer fire fighter. Mr. Careccia said it would not have any impact on the working relationship with the employees under his supervision.
Mr. Beauchamp said there is not a policy to prohibit an employee from having other employment or volunteering their services.
LEGISLATIVE
Mrs. Sandy Fink inquired into a response from Senator Rod Smith concerning a "payment in lieu of taxes" program for small counties.
Comm. Yearty explained a payment is received in lieu of taxes for a period of ten (10) years for property purchased by the State and removed from the tax rolls.
Comm. Rooks said the Goethe tract is included in this payment and the ten (10) year period will be expiring unless legislative action does not allow it to sunset and removes the time limit.
Comm. Yearty said a percentage of funds received from timber, hunting and admission fees are divided with the school board.
EMERGENCY MEDICAL SERVICE
Chairman Stevens advised the construction of the Medic 4 Station in Williston is pending upon the permits being received from South West Water Management District.
JAIL
Mr. Moody said the selection committee reviewed the bids for an architect to design the jail expansion and the top two(2) ranked are:
- Clemmons Rutherford & Assoc. (CRA)
- DLR Group
Comm. Yearty recommended interviewing the firm ranked first, Clemmons, Rutherford & Assoc. and if their proposal is not acceptable, then interview the second ranked firm. Comm. Yearty said the firm ranked first has experience in construction of jails through out the state. Comm. Yearty moved to accept the committee recommendation to interview Clemmons Rutherford & Associates (CRA) and negotiate a contract if acceptable. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
CONTRACTS AND AGREEMENTS
Chairman Stevens passed the gavel to Vice-Chairman Rooks.
Ms. Heather Alexander presented the agreement with Rosewood Volunteer Fire Department for approval for the 2002-2003 fiscal year. Comm. Bell moved to approve the agreement. Comm. Parker seconded and the MOTION CARRIED.
APPOINTMENTS
Ms. Alexander advised appointments to the Levy County Transportation Disadvantaged Coordinating Board would be postponed until the next regular meeting.
SALARY AND WAGES
Mr. Wayne Hardee presented for approval of a personnel recommendation for the following:
Ron Shilts - successful completion of 120 hour Cruelty Investigation School - one time certification pay bonus of $500.00.
Comm. Parker moved to approve the personnel recommendation for the pay bonus of $500.00 to Ron Shilts. Comm. Bell seconded and the MOTION CARRIED.
GRANTS
Mrs. Paula Kennedy said additional funds had been awarded from the Emergency Preparedness and Assistance Trust Fund Grant and a modification needs to be approved for an additional $25,207.00. Comm Parker moved to approve the application to modify the grant. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
EMERGENCY MANAGEMENT SERVICES
Mrs. Kennedy said the 17th Annual Governor's Hurricane Conference is scheduled for June 9 - 13, 2003 and is requesting approval to send 13 county employees to the conference. Comm. Parker moved to approve sending 13 employees to the conference. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
Mrs. Kennedy requested approval for three (3) months maternity leave and for the appointment of Mark Johnson as interim director during her absence. Comm. Bell moved to approve the three (3) months maternity leave and the appointment of Mark Johnson as interim director. Comm. Parker seconded.
Vice-Chairman Rooks said this will establish an audit trail for vouchers, payroll and emergency situations and the MOTION CARRIED UNANIMOUSLY.
Mrs. Kennedy said an un-graded exercise will be held May 5, 2003 at the Crystal River Nuclear Plant.
LIBRARY
Mr. Tom Reitz presented the $1,000.00 donation for literacy from Wal-Mart.
Mr. Reitz demonstrated the Gale Company databases that are available for all library card holders and can be accessed from a home or office computer.
Vice-Chairman Rooks passed the gavel to Chairman Stevens at 8:30 p.m..
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
NE 132nd Terrace located in North South Estates requiring five (5) loads of rock and 1 ½ hours of grading for an estimated cost of $1,600.50 the intersection of NE 132nd Terrace and NE 77th Lane.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
CONTRACTS AND AGREEMENTS
Mr. Watson presented an agreement with Sprint United Telephone of Florida for a blanket utility for new buried service drops permit. Mr. Watson explained this will allow for service drops to residences and allows for extending the time frame of the current agreement from April 22, 2003 to October 1, 2003. Comm. Bell moved to approve the agreement with Sprint. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
ROADS, COUNTY
Mr. Watson presented the following recommendations from the Road Policy Committee for resurfacing or paving:
LCR 489 (NW 72nd Court) beginning at NW 110th Street and ending at NW 105th Street for a distance of 2,640 feet with 20 homes, for paving;
and
LCR 121 (Ebenezer Baptist Church Road) beginning C339/C320 for a distance of 4,460 feet (0.84 miles), is of great community benefit and meets traffic and house count in accordance with road policy, for resurfacing.
Comm. Parker moved to approve the placement of LCR 121 on the resurfacing list. Comm. Bell seconded and the MOTION CARRIED.
Comm. Rooks moved to approve the placement of LCR 489 on the paving list. Comm. Parker seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Watson presented the Transportation Enhancement Project Listing for 2003-2004 for review and approval. Comm. Bell moved to approve the listing with the additions and priority listing as presented. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
SALARIES AND WAGES
Mr. Benny Jerrels recommended approval of the following one (1) time certification pay bonus of $500.00 for:
Van Rod Hastings for successful completion of 40 hour Solid Waste Management Facility Operator;
and
Travis Newsome for successful completion of 40 hour Solid Waste Management Facility Operator
Comm. Yearty moved to approve the personnel recommendations as presented. Comm. Parker seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Major Stroupe presented correspondence to be submitted to the commission for the Transportation Disadvantaged designating the Levy County Board of County Commissioner's as the Designated Official Planning Agency (DOPA). Comm. Yearty moved to notify the Commission for the Transportation Disadvantaged designating the Board of County Commissioner's as the Community Transportation Coordinator (CTC). Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Stroupe presented a resolution recommending the Board of County Commissioner's be designated as the Community Transportation Coordinator. Comm. Yearty moved to adopt the resolution. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Stroupe said public hearings relating to community transportation are scheduled as follows:
May 5 - Bronson at 7:00 p.m.
May 6 - Fanning Springs at 5:00 p.m.
May 6 - Williston at 7:00 p.m.
May 12 - Chiefland at 5:00 p.m.
May 12 - Otter Creek at 7:00 p.m.
May 13 - Cedar Key at 7:00 p.m.
Inglis and Yankeetown - June, to be announced
VETERAN'S SERVICE OFFICE
Mr. George Hermansen said a memorial service is scheduled for April 25, 2003 at 12:00 p.m. in accordance with the proclamation designating April 25, 2003 at Lance Corporal Brian Buesing Day and with the participation of the Veteran's of Foreign Wars, Marine Corp League, American Legion and the Sheriff's Office with a three (3) gun salute, lowering of the flag, a patriotic song and taps.
BUILDING AND GROUNDS
Mr. Danny Shipp said the funds are designated for the commencement of Phase 1 for the construction of the holding cells and sally port and was requesting authorization to proceed with the project. Comm. Bell moved to approve proceeding with the Phase 1 construction project for the court house. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
PROCLAMATIONS
Mr. Beauchamp presented a proclamation recognizing Thursday, May 1, 2003 as Law Day. Comm. Yearty moved to adopt the proclamation. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Beauchamp presented a proclamation recognizing the month of May as Civility Month. Comm. Rooks moved to adopt the proclamation. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
Mr. Beauchamp presented a proclamation recognizing the month of May as Elder Law Month. Comm. Parker moved to adopt the proclamation. Comm. Rooks seconded and the MOTION CARRIED UNANIMOUSLY.
ZONING
Mr. Beauchamp explained deed restrictions are a contract with the developer and the purchaser of a developed property and is a civil contract matter. Mr. Beauchamp said county and municipal governments do not enforce deed restrictions or covenants. Mr. Beauchamp explained a violation of a deed restriction may also be a violation of a county or municipal code or ordinance.
Chairman Stevens requested Mr. Beauchamp to notify Mrs. Lynn Slaughter in response to her inquiry at a prior meeting.
ORDINANCES
Mr. Beauchamp said a draft to amend the lineal heir ordinance has been prepared. Chairman Stevens requested Mr. Beauchamp to advertise for a public hearing.
Mr. Beauchamp said a draft ordinance has been prepared for consideration of a nuisance abatement board. Chairman Stevens requested Mr. Beauchamp to proceed with advertising of a public hearing.
COMMISSIONERS
Comm. Bell commended Mrs. Roberta Picard on her efforts for celebrating Earth Day.
Comm. Rooks commented on the excessive expenditures for health care of inmates and the unpredictable impact to the budget.
Major Bobby McCallum said all charges are reviewed and other sources of responsibility are sought for payment of the charges prior to them being submitted for payment by the county. Major McCallum said the judiciary is aware of the impact of these costs to a county.
Mr. Art Maruna said a review of the bills and a fee schedule should be considered, similar to Medicare.
Mr. Shipp explained all medical bills are reviewed to determine if there is insurance coverage available to pay the bills or other responsible parties prior to the county assuming responsibility.
COUNTY FIRE DIRECTOR
Chairman Stevens advised that Mr. Victor Scott is unavailable for three (3) weeks and directed Mr. Billy Careccia to review and authorize the purchase orders for the fire departments to avoid any delays.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court