REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 6, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on May 6, 2003 at 9:00 a.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 9:00 a.m.. The invocation was given by Mr. Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
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MINUTES
Comm. Parker moved to approve the minutes of the regular meeting of April 22, 2003. Comm. Bell seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin presented the following bids:
Resurfacing of CR 326
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John C. Hipp Construction Co., Inc. |
$897,362.30 |
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V. E. Whitehurst & Sons, Inc. |
$925,228.45 |
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Anderson Columbia Co., Inc. |
$933,333.33 |
Resurfacing of CR 322
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John C. Hipp Construction Co., Inc. |
$226,121.50 |
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V. E. Whitehurst & Sons, Inc. |
$241,406.75 |
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Anderson Columbia Co., Inc. |
$234,444.44 |
Chairman Stevens requested Comm. Parker, Mr. Kelly Jerrels, Mr. Fred Moody, Mr. Lee Mills and Mr. Justin Watson to review the bids and report on their findings.
CONTRACTS AND AGREEMENTS
Mr. Lee Mills presented the proposed contract with V. E. Whitehurst & Sons, Inc. for the resurfacing of CR 335 including the Certificate of Insurance and bond information. Mr. Mills explained the bid from V. E. Whitehurst & Sons, Inc. was previously approved. Comm. Yearty moved to approve the contract for the resurfacing of CR 335. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Mills presented three (3) addendums to the Consulting Engineer Contract for engineering services related to the resurfacing of C-335, C-322, and C-326. Mr. Mills said the Department of Transportation (DOT) is requiring the contracts to be amended to include a "hold harmless" agreement for each project. Comm. Bell moved to approve the addendum to each contract. Comm. Yearty seconded and the MOTION CARRIED.
ORDINANCES
Mrs. Amie Zamora said the noise study at Rhino Outdoors was held on April 26, 2003 and was inquiring what action would be taken from the results of the study.
Mr. Greg Beauchamp explained the results of the study are being reviewed and staff will be preparing their recommendation. Mr. Beauchamp said there has not been a conclusion of a legal violation of the noise ordinance.
Mrs. Zamora explained they had hired Sebein Associates, Inc. for an independent noise study that was performed by Mr. Rob Lilkendey and their report would be made available.
Chairman Stevens said a staff recommendation would be provided at the next regular meeting if the report from Sebein Associates, Inc. has been timely provided to allow sufficient review by staff.
MUNICIPALITIES
Mr. Ed Smith, City Manager, City of Chiefland explained the city is preparing to demolish three (3) buildings in south Chiefland and are requesting a waiver of the tipping fees at the landfill. Mr. Smith said the clean up of south Chiefland is of importance to the city council. Comm. Bell moved to waive the tipping fees at the landfill. Comm. Rooks seconded.
Comm. Parker said the waiving of tipping fees at the landfill would cost the county approximately $8,000.00 and the debris could be hauled to another site by a private hauler at a cost to the city of approximately $900.00. Comm. Parker explained there would be a financial and physical impact to the landfill with this amount of debris. Comm. Parker volunteered to provide the information on the private haulers to the City of Chiefland for their review. Comm. Bell withdrew the action to waive the tipping fees.
MAPS AND PLATS
Mr. Troy Burrell explained the Southwest Water Management District had issued their permit for Wilson Estates, Unit 2 and they have been unable to get construction permits from the county due to the design of the designated storm water runoff area . Mr. Burrell said the area is designated to be owned and maintained by the homeowners association with a functional depth of approximately 9 inches.
Mr. Lee Mills explained previous history has shown that the areas are not maintained for perpetuity through homeowner associations and the county has to assume responsibility when a maintenance problem develops. Mr. Mills said there is no authority to enforce deed restrictions or homeowners associations.
Mr. Ted Glass explained the intent was to reduce the impact to county resources and this storm water runoff area would be at the rear of the sites and would be the land owner's responsibility.
Comm. Yearty recommended the face of the plat denote the easements were the responsibility of the homeowner and the county would not assume any maintenance at any time. Comm. Yearty moved to place the responsibility of the storm water runoff areas as a dedication to the homeowners on the face of the plat for Wilson Estates Subdivision Unit 2 with no county maintenance. Comm. Rooks seconded.
Mr. Mills said the dedication to a governing board and not dedicated to the public would only allow a voluntary assumption of the areas.
Comm. Yearty moved to amend his action to include the area will be dedicated to the homeowners association and be placed on the face of the plat and there will be no county maintenance. Comm. Rooks seconded and the MOTION CARRIED.
MISCELLANEOUS
Ms. Gwen Cooper said the Tri-County Community Campaign has been organized and Community Health Charities is requesting authority to solicit contributions from employees and to allow their contributions to be payroll deducted. Comm. Rooks suggested Ms. Cooper schedule her presentation on the agenda at a regular meeting.
Mrs. Renate Cannon recommended posting a map of the county in the meeting room so the public can be shown where various roads are located when they are proposed for resurfacing or maintenance.
Mr. Brett Sandlin said a break down should be provided on how the funds are disbursed to the non-profit organizations participating in the Tri-County Community Campaign.
Mr. Ivan Chubb said the Memorial Day Service will be held at the Orange Hill Cemetery on Sunday, May 25, 2003 at 2:00 p.m. and the Sheriff's Office and Boy Scouts will be participating.
BIDS
Comm. Parker said the bids for resurfacing CR 326 and CR 322 had been reviewed and the committee recommended accepting the low bids for each project received from John C. Hipp Construction Co., Inc.. Comm. Parker moved to accept the low bids from John C. Hipp Construction Co., Inc. for CR 322 and CR 326. Comm. Yearty seconded and the MOTION CARRIED.
JAIL
Mr. Bill Rutherford, Clemons, Rutherford & Associates, Inc. explained they have developed and designed jail plans through out Florida and other states. Mr. Rutherford presented a rendition of the proposed jail expansion with two (2) levels, and allowing it to be controlled at a minimum staffing level of one (1) employee from a control booth. Mr. Rutherford said it is designed to keep the male, female and juvenile populations segregated in the same housing. Mr. Rutherford explained the design allows three (3) options for methods of construction: 1) conventional block, 2) concrete modular cells or 3) steel cells. Mr. Rutherford said the selection of the construction method can be decided at the time materials are scheduled to be order to obtain the most efficient cost for construction. Mr. Rutherford explained the design is to allow minimum staffing, maximum standards of security for long term cost efficiency. Mr. Rutherford said his firm offers to function as project manager and provide a civil engineer. Comm. Yearty moved to approve the contract for architectural services to be provided by Clemons, Rutherford & Associates, Inc.. Comm. Rooks seconded.
Mr. Fred Moody explained Mr. Rutherford was making a presentation and the request for action on the contract would be scheduled for the next regular meeting of May 20, 2003 at 6:30 p.m.. Comm. Yearty withdrew his action.
Comm. Yearty explained the contract must be accepted and then negotiations will commence for the construction costs.
EMERGENCY MANAGEMENT SERVICES
Mrs. Paula Kennedy presented the Community Emergency Response Team federally funded grant to purchase equipment and training for an Emergency Response Team in the amount of $8,000.00. Mrs. Kennedy explained a federal grant for $17,802.00 has also been awarded and the agreement for acceptance was received after the agenda cut off dead line. Comm. Rooks moved to approve the grant agreement for $8,000.00 subject to the review of the agreement by the attorney. Comm. Bell seconded and the MOTION CARRIED. Comm. Bell said the grant for $17,802.00 awarded by the federal government for the Community Emergency Response Team should be placed on the agenda for the next regular meeting.
Mrs. Kennedy presented a Local Mitigation Strategy Enhancement Grant for up to $20,000.00 requiring a 25 percent local match. Mrs. Kennedy said the local match can be provided with in-kind services. Comm. Rooks moved to approve the Local Mitigation Strategy Enhancement Grant subject to the review of the agreement by the attorney. Comm. Bell seconded and the MOTION CARRIED.
Mrs. Kennedy explained the Community Emergency Response Team Grant requires 45 people to be trained prior to November 30, 2003.
LIBRARY
Mr. Tom Reitz presented the interlocal agreement for reciprocal borrowing with Marion County Public Library System. Comm. Yearty moved to adopt the interlocal agreement. Comm. Bell seconded.
Mrs. Toni Collins inquired if a termination clause for the agreement was included. Mr. Reitz explained the agreement does not have an expiration date but may be terminated for any reason by either party with thirty (30) days notice and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn said Mr. Bill Hammond had expressed an interest in applying for an "Alternate Member" status on the Planning Commission. Mrs. Winburn explained the Land Development Code states there will be five (5) members and two (2) alternate members for the Planning Commission. Mrs. Winburn said Mr. Hammond could be appointed or the two (2) alternate positions could be advertised. Comm. Rooks recommended the positions be advertised.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
NE 70th Street located in University Estates requiring five (5) loads of rock and 1 ½ hours of grading, beginning at C335 and ending at NE 105th Avenue for an estimated cost of $400.50.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Watson explained the costs for road work are set on a schedule to include the the number of loads of rock required, the driver and truck to transport, and grading hours and are averaged for the total road projects in response to an inquiry by Comm. Bell.
RECYCLING
Mr. Benny Jerrels requested authorization to purchase a 3/4 ton pick up truck and "piggy-back" the purchase with the Construction and Maintenance Department. Mr. Jerrels said the purchase would be with grant funds and is included in budget.
Mr. Jerrels requested authorization to advertise for bids to purchase a Skid Steer Loader with grant funds that have been received for this type of purchase. Comm. Rooks moved to approve the purchase of a 3/4 ton pick up truck through a "piggy-back" with the Construction and Maintenance Department and to approve the advertising of bids for a Skid Steer Loader. Comm. Parker seconded. Mr. Jerrels explained the grant funds are provided for the purchase of equipment and would be forfeited if not used by September, 2003 and the MOTION CARRIED.
APPOINTMENTS
Mr. Major Stroupe presented the following recommendations for appointment to the Levy County Transportation Disadvantaged Coordinating Board:
Ms. Sharon Youman, voting member, Economically Disadvantaged.
Comm. Rooks moved to approve the appointment of Ms. Sharon Youman. Comm. Parker seconded and the MOTION CARRIED.
Mr. Arthur D. Maruna, voting member, 60+ Representative.
Comm. Bell moved to approve the appointment of Mr. Arthur D. Maruna. Comm. Rooks seconded and the MOTION CARRIED.
Mr. George Hermansen, voting member, Veteran's Representative.
Comm. Yearty moved to approve the appointment of Mr. George Hermansen. Comm. Parker seconded and the MOTION CARRIED.
SHIP
Mr. Dick Tummond introduced Ms. Sandy Ashley as the new SHIP program director.
Mr. Tummond presented the following Deferred Payment Loan Agreement:
Mitchel N. Schroder to purchase a home located in Fruitland Heights, Block C, Lots 18 and 19 in the Chiefland area for $9,500.00.
Comm. Rooks moved to approve the Deferred Payment Loan Agreement. Comm. Bell seconded and the MOTION CARRIED.
Mr. Tummond explained a Subordination Agreement had been received after the agenda cut off time. Comm. Bell advised that it should be placed on the agenda for the next regular meeting.
TRANSPORTATION
Mr. Greg Beauchamp explained the Public Transportation Joint Participation Agreement and Resolution had just been received from Mrs. Gwen Pra that will provide the $125,000.00 share from the Department of Transportation (DOT) for the purchase of the Partin Building. Mr. Beauchamp said there are time constraints that will jeopardize the funding if action is not taken on the contract and resolution. Comm. Rooks moved to discuss the non-agenda item. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
Comm. Rooks moved to approve the resolution and joint participation agreement. Comm. Parker seconded and the MOTION CARRIED.
BUILDING AND GROUNDS
Mr. Beauchamp said the proposed contract for sale and purchase of the "Partin" property has been received from Perkins State Bank and they are providing all customary costs of the seller and we will be responsible for recording the deed. Comm. Rooks moved to accept the contract with Perkins State Bank and authorize the Chairman to execute the documents for the purchase of the property. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Beauchamp explained there is a conflict of schedule for two (2) commissioners for the June 17, 2003 meeting and it has been recommended to reschedule the meeting for Monday, June 16, 2003 at 6:30 p.m. with sufficient advertisement. Comm. Bell moved to reschedule the regular Board of County Commissioner's meeting to Monday, June 16, 2003 at 6:30 p.m.. Comm. Rooks seconded and the MOTION CARRIED.
BUDGET
Comm. Yearty explained extensive research has been done on possible revenue sources to prepare for the next fiscal year and offset the expected deficit in balancing the budget. Comm. Yearty said a reduction in revenue and the increase from higher inmate medical costs, inmate housing at other facilities including unexpected transportation costs, additional attorney fees and court costs for juvenile and indigent criminal cases have impacted the General Revenue and if other sources of revenue are not adopted county services will be severely impacted.
Comm. Yearty recommended a hiring freeze be implemented by Mr. Moody immediately for all county departments except the Transportation Department which will be hiring its initial staff. Comm. Yearty said the Department Heads need to be instructed to decrease spending and return unused budget funds at the end of the fiscal year.
Comm. Yearty explained a communications service tax for telephone and cable service will provide an estimated revenue of $166,000.00 annually based on current statistics. Comm. Yearty said Levy and Calhoun counties are the only counties in the state that do not implement the communications service tax.
Comm. Yearty explained the one cent sales tax revenue has decreased during this fiscal year and consideration needs to be made for a five cent ELMS tax that can be designated to infrastructure and used to retire bonds.
Comm. Yearty moved to authorize Nabors, Giblin and Nickerson to draft a proposed ordinance for enacting a communications service tax. Comm. Rooks seconded. Mr. Beauchamp explained the ordinance would have to be adopted in a timely manner and would be effective January, 2004 if adopted.
Comm. Yearty said there are few options available that can be used to generate funds for the General Revenue and the budget may not be balanced with anticipated funds or by borrowing funds.
Comm. Bell requested the item be tabled until the next regular meeting or to have a planning workshop.
Mr. Beauchamp said this would be assessed on local, long distance land lines, mobile communications and cable television.
Comm. Parker said this would evenly spread the assessments and would not be a small percentage of citizens paying for the services as in the ad valorem assessments. Comm. Parker said a portion of the ad valorem tax is being returned to Cedar Key as required by Florida Statute since they had their area designated a blighted area. Comm. Yearty and Chairman Stevens voted YES, Comm. Rooks, Comm. Parker, and Comm. Bell voted NO and the MOTION FAILED.
Comm. Yearty moved to request Nabors, Giblin & Nickerson to prepare the information for the reallocation of the gas tax and replace with an ELMS gas tax. Comm. Bell seconded.
Comm. Bell inquired if each project was going to be handled separately and the fees for the studies.
Mr. Beauchamp explained the attorney fee schedule would vary depending on the project and we would need to direct them on what information was being requested.
Comm. Parker said we need to have the number of hours that will be involved in the projects and the fees.
Comm. Yearty, Comm. Rooks and Chairman Stevens voted YES, Comm. Parker and Comm. Bell voted NO and the MOTION CARRIED.
BOND
Comm. Yearty moved to authorize the Clerk, County Attorney, Mr. Ralph Cellon of Morgan, Keegan, Nabors, Giblin & Nickerson as designated bond counsel, to proceed with preparing the bond issue to finance the jail expansion, including other capital improvements (i.e. Partin Building, Road Department, Williston Rescue Station) and upgrading the court system, not to exceed the 10 million dollars as stated in the previous adopted resolution. Comm. Rooks seconded.
Mr. Danny Shipp explained various other bonding sources had been investigated including the Small County Association, Raymond James and Associates, the Florida Association of Counties and local banks and for the time needed to repay the bond issue this was the most viable option.
Mr. Shipp said if the various capital improvements that have been planned and budgeted are included in the bond issue, these funds can be brought forward for the new fiscal year and the MOTION CARRIED.
BUDGET
Comm. Yearty explained there have been discussions on implementing impact fees and recommended contracting with a consulting firm to proceed with a study. Comm. Yearty said if an impact fee had been in place for the last six (6) years at a comparable rate of Gilchrist county there would have been approximately 6 million dollars in revenue. Comm. Yearty moved to contract with Nabors, Giblin & Nickerson to prepare a study for impact fees to meet the needs of Levy county. Comm. Bell seconded.
Comm. Bell recommended obtaining an estimate of the cost prior to proceeding.
Comm. Yearty moved to have an estimate of fees provided for the study. Comm. Rooks seconded.
Comm. Bell recommended including a study of homes only zoning, as this would have a financial impact on the ad valorem tax base over the years.
Mr. Beauchamp explained a homes only designation would be a zoning and land development issue and would be separate from the study of impact fees and the MOTION CARRIED.
COMMISSIONERS
Comm. Bell advised she was making the information from the certification workshop on government structures available for review and it could be found in the county office.
COUNTY FIRE DIRECTOR
Chairman Stevens said Mr. Victor Scott, Interim County Fire Director, had indicated he would be resigning the position effective May 20, 2003 and recommended Mr. Rick Lombardo be appointed as the full time volunteer for the County Fire Director.
Mr. Moody said a written resignation had not been received and this matter would be on the agenda of the next regular meeting.
Comm. Rooks moved to appoint Mr. Rick Lombardo as County Fire Director to replace Interim Director, Mr. Scott. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Parker presented a recommendation for an Expense Appropriation Committee to be established for the review of new projects and identify funding sources for the projects. Comm. Parker explained this would require a written proposal being prepared by the Departments Heads and increase their accountability for unplanned expenses.
Comm. Rooks explained a purchase order policy is in place and staff can be directed to provide written reports and this policy could cause delays.
Comm. Parker explained the intent is to provide detailed information on expected expenses for any project and prevent additional expenses for items that could have been identified at the onset of the project.
Comm. Bell recommended subjecting to review the items that exceed $50,000.00.
Mr. Brett Sandlin said there is a bid process policy in place and this appears to be a duplication. Mr. Sandlin said the department head should be notified to put a proposal in writing and the department head is responsible to provide all information to show the need of the purchase or project.
Comm. Parker moved to establish an Expense Appropriation Committee. Comm. Bell seconded. Comm. Rooks, Comm. Yearty voted NO, Comm. Parker, Comm. Bell and Chairman Stevens voted YES and the MOTION CARRIED.
CLERK OF COURT/TO BOARD
Mr. Shipp explained the need to begin a preliminary budget review process with Mr. Moody, the finance officers, Commissioner for the Department and Department Head to begin a determination of where budgets can be reduced.
Comm. Yearty said the constitutional officers need to review their budgets for cost savings.
Mr. Moody said consideration can be given to a hiring freeze, a wage freeze, decrease contributions for employee benefits and have the employee contribute a greater amount for benefits. Mr. Moody explained these issues need to be discussed with the union representatives.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court