REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
May 20, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on May 20, 2003 at 6:30 p.m. in the Levy County Board of County Commissioners' meeting room, with the following Commissioners present:
Chairman Danny Stevens
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. Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Parker moved to approve the following expenditures presented for payment. Comm. Bell seconded and the MOTION CARRIED.
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MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of May 6, 2003. Comm. Parker seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Arnett Doctor, Sr., explained he is a direct descendant from Rosewood and has dedicated the past 13 years in presenting an accurate history of the Rosewood massacre and was responsible for the creation of a multi-cultural faith based development in Rosewood.
Mr. Doctor said there was not any connection with the Rosewood Heritage Foundation, Inc., and he had voluntarily dissolved the Rosewood Justice Center to form a for-profit organization and the Rosewood Family Reunion, Inc. was not connected. Mr. Doctor explained the Rosewood Family Reunion, Inc. accepted unanimously to appoint him spokesperson for any discussion pertaining to the Rosewood Redevelopment.
Mrs. Liz Jenkins said she was a descendant of Rosewood and was not associated with any organizations but was a historian and would support "blood" relatives with Mr. Doctor's project.
ORDINANCES
Mrs. Amie Zamora requested a response on any action that would be taken as a result of the noise measurement study at Rhino Outdoors.
Mr. Greg Beauchamp said a review of the noise studies provided by staff and from Siebein Associates, Inc. We similar and certain sites exceeded the decibel limits and the numbers were not significantly different from the noise test performed two (2) years ago.
Mr. Beauchamp explained the noise ordinance provides and allows exemptions and Mr. Morales is operating Rhino Outdoors in compliance with the conditions that were part of the conditional use permit that was granted. Mr. Beauchamp said this was the legal opinion recommendation to the Board and was asking no further comments be made in the event of litigation.
Ms. Debra O'Neill said the Board did not have to accept Mr. Beauchamp's opinion and there was no mention at previous meetings that Rhino Outdoors was exempted fro the noise ordinance when a noise measurement study was performed.
Mr. Beauchamp explained Mrs. Zamora and Ms. O'Neill had requested a noise measurement study.
Chairman Stevens explained the legal opinion of the county attorney is that Mr. Morales is operating his business legally and in compliance of the conditional use permit.
CONTRACTS AND AGREEMENTS
Mr. Bill Rutherford of Clemons, Rutherford & Associates, provided the agreement for architectural services for the expansion of the jail.
Mr. Beauchamp said the contract had been reviewed and it was acceptable with the acceptance of the principal place of law being located in Levy county instead of Leon county.
Mr. Rutherford said reimbursable fees would include their firm being responsible for the soil boring, kitchen consultant, and the civil engineer for storm water runoff requirements.
Mr. Rutherford responded to Mr. Ron Grant that local surveyors would be used. Mr. Rutherford explained the various options available for selecting the construction manager, method of construction and a decision on installing a basement for storage.
Comm. Yearty said he had taken the opportunity and met with Mr. Rutherford and his staff and visited jails that they had constructed with Sheriff Smith, Mr. Danny Shipp and Mr. Moody and in speaking with public officials and staff working in the facilities and recommended entering into a contract with Clemons, Rutherford & Associates. Comm. Yearty moved to approve the contract with Clemons, Rutherford & Associates with the revision of the principal place of law be located in Levy county. Comm. Bell seconded.
Sheriff Smith said numerous jails had been inspected and this firm and the construction design was highly recommended and met the needs of Levy county.
Comm. Yearty explained in response to an inquiry by Mrs. Sandy Fink that this expansion was being attached to the original jail and additional expansions could be done as needed and the MOTION CARRIED.
MUNICIPALITIES
Ms. Stacy Gulledge, City of Chiefland requested the use of county dump trucks and the waiver of tipping fees to dispose of demolition debris from buildings that are being removed from South Chiefland. Ms. Gulledge explained if the city dump trucks are used to transport to the private disposal the fees are higher since they would have to make more trips with their smaller trucks.
Comm. Parker said the private landfill charges by capacity and not the ton and using a county dump truck, a 20 ton load would cost $50.00. Ms. Gulledge said city employees and front end loader would be used to clear the site.
Comm. Yearty moved to approve the use of county dump trucks to remove the debris to a private landfill with the City of Chiefland providing a hold harmless agreement and paying the tipping fees. Comm. Parker seconded and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petition for a Hardship Variance:
Petition No. Ha. Va. 4-03 - Valerie Anderson petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her sister, Gail McDaniel, on a parcel of land located in Hartford Farms, Lot 3, in Section 8, Township 12 South , Range 18 East, in Levy County. Said parcel contains 20 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone. Parent Parcel No. 04009-003-00. Current 911 Address is 8450 N. E. 150th Avenue, Bronson, FL.
Mr Corbitt explained correspondence had been received from adjacent land owners with concerns of the second dwelling not meeting restrictions and protective covenants. Mr. Corbitt said the petitioner intends to place a nice unit on the property and it will not be visible from the property lines.
Chairman Stevens called for opposition and none was presented. Comm. Parker moved to grant the hardship variance. Comm. Bell seconded and the MOTION CARRIED.
ORDINANCES
Mr. Beauchamp presented a proposed amendment to the Levy County Development Code, Chapter 50, Article XI, Section 50-496 pertaining to lineal heir subdivisions.
Mr. Corbitt said the amendments would allow tracts to be subdivided in lesser size to prevent destruction of agriculture acreage and the division would not be allowed in certain subdivisions, and roads would have to meet current standards and other requirements in effect of the original ordinance and Land Development Regulations. Comm. Yearty moved to adopt the amendments to the ordinance. Comm. Parker seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Ms. Gwen Cooper said there are participants for the Tri County Community Campaign and was requesting approval to meet with county employees to explain the campaign and to allow them to contribute through payroll deduction.
Mr. Danny Shipp said he had contacted Mr. Jimmie Willis of Local #630, Mr. Brett Sandlin of IAFF Local #4069 and the employees of the Clerk's Office and did not receive any positive input for any financial contributions.
Comm. Bell explained the majority of the employees are already personally participating with local charities.
Mr. Shipp said if the request was approved for payroll deduction guidelines would need to be established for enrollment periods, the number of times the donation could be changed or dropped and a named percentage of participating employees.
Chairman Stevens recommended Ms. Cooper arrange with Mr. Fred Moody to discuss the campaign with Department Heads and allow them to provide the number of employees in their departments that are interested in participating.
MISCELLANEOUS
Mrs. Sherry Sherrod Dupree explained Ms. Janie Bradley Black, Director of the Rosewood Heritage Foundation, Inc. has provided written notice allowing her authority to act on behalf of the Rosewood Heritage Foundation, Inc.. Mrs. Dupree said she was associated with the Rosewood Forum a citizens organization supporting the Rosewood Heritage Foundation, Inc.
Mrs. Dupree said they are requesting the county to prepare and apply for a minority grant to purchase land and to deed the land to the Rosewood Heritage Foundation, Inc. for the construction of the Rosewood Heritage Center & Resort.
Mrs. Dupree explained the Levy County Rosewood Executive Board had been established consisting of private citizens in Levy county with Mrs. Alice Monyei as Director.
Comm. Yearty explained Mr. Doctor had produced evidence as the creator of the project and has indicated he is not associated with the Rosewood Heritage Foundation and recommended the Rosewood Forum, Rosewood Heritage Foundation board members meet with Mr. Doctor and coordinate any requests.
Mrs. Alice Monyei said the Levy County Rosewood Executive Board was supporting the project and would proceed with the organization that could accomplish the project.
BUDGET
Mr. Howard Walker explained he was opposed to any additional taxes being enacted and would support a cut in services prior to any additional taxes being imposed.
Mr. C. W. Gilbert suggested investigating misuse of county equipment, property and vehicles and eliminating the misuses prior to implementing additional taxes. Mr. Gilbert provided a photograph of a county employees home with a county vehicle and commented on fence posts that are similar to posts used on the Devil's Hammock boundary.
BUILDING AND GROUNDS
Mr. Fred Moody said the space committee has reviewed various needs and recommends the locating of the Transportation Department and Construction/Maintenance Department at the Partin building. Mr. Moody said this will alleviate crowding at the court house and allow the building currently being utilized by Construction/Maintenance to be made available for another department and would ease the over crowded parking conditions.
Comm. Yearty said there is space that could be utilized for storage over the bay on the left side of the Partin building. Comm. Yearty moved to approve the recommendation for the allocation of space. Comm Bell seconded and the MOTION CARRIED.
Mr. Moody said the construction cost estimates for the following buildings are:
Williston EMS Building $202,000.00
Road Department Administrative Offices $176,000.00
Landfill Administrative Offices $72,000.00
Mr. Moody said the estimates were computed at $55.00 per square foot and had been budgeted for the current fiscal year. Mr. Moody said is was recommended to include these costs in the bond issue with the jail expansion and include the $100,000.00 committed to the sewer project in the Town of Bronson and this would allow the budgeted amounts to be carried forward to the 2003-2004 fiscal year in the General Fund. Comm. Yearty moved to accept the recommendation to finance the construction costs as described with the bond issue and to transfer the funds currently budget forward to the next fiscal year. Comm. Parker seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Moody said there has been discussion of the Road Department changing to a 10 hour work day and this matter will be tabled until negotiations with the union are reopened for an article of discussion.
SALARY AND WAGES
Mr. Moody presented a recommendation for a one (1) time $500.00 bonus for the following employees:
Thomas M. Johnson, Code Enforcement for successfully completing Level III Code Enforcement Examination.
Mr. Moody said Mr. Johnson is now a fully certified code enforcement officer. Comm. Yearty moved to approve the one time bonus. Comm. Parker seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson, interim Director said the grant application approved on May 6, 2003 was a federally funded Community Emergency Citizens CORE Cert grant.
Mr. Johnson said the grant for $8,200.00 would be rejected due to a shortage of staffing and time constraints.
Mr. Johnson said the radiological planning exercise held on May 5, 2003 at Progress Energy was a success and was attended by Comm. Rooks and Comm. Bell.
ROAD MAINTENANCE
Mr. Justin Watson presented the following request for maintenance on a one (1) time basis:
NE 67th Place and NE 117th Terrace, requiring three (3) loads of rock on NE 67th Place and four (4) loads on NE 117th Terrace for an estimated cost of $2,100.00, NE 67th Place beginning at LCR 1074 (NE 119th Terrace) and ending at NE 117th Terrace and NE 117th Terrace beginning at Alt. 27 and ending at NE 69th Lane and including grading.
Comm. Parker moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Watson said the Cedar Key Gulf Trails project was omitted from the submission to the Department of Transportation enhancement program and with approval it may be placed on the list. Comm. Bell moved to add the Cedar Key Gulf Trails project to the enhancement program. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Watson said a request has been made to install a centered widening lane on C40, East of SR 19 in front of the 1st Baptist church to eliminate a severe traffic condition. Comm. Yearty moved to approve the widening of a small portion of C40 in front of the newly established 1st Baptist Church. Comm. Bell seconded and the MOTION CARRIED.
Mr. Watson said there is a severe dust problem where county trucks are entering US 19 from the Buck Island grade and recommended paving 600 to 700 feet to eliminate the problem. Mr. Watson said the dust is creating a traffic hazard for vehicles traveling on US 19 and for the vehicles entering US 19 from Buck Island grade.
Comm. Bell said Alachua county is using a no dust product and is not harmful to the environment.
Mr. Watson said a long term solution is needed in the area.
Comm. Parker said he would provide additional information on no dust products.
SHIP
Mr. Danny Shipp presented the following Deferred Payment Loan Agreement:
Glenn G. Gates and Bertha Gates to purchase a home in Fox Run, 1st Addition, Lot 3 for $9,500.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Shipp presented a Subordination Agreement from H. Stan Smith and Russell Rivenburg. Mr. Shipp said this will allow for the refinancing of the home at a lower interest rate and it meets the policy requirements. Comm. Yearty moved to approve the Subordination Agreement. Comm. Bell seconded and the MOTION CARRIED.
BUDGET
Mr. Beauchamp explained the Nabors, Giblin & Nickerson law firm will prepare the proposed ordinances and necessary documentation for considering the implementation of a communications service tax and reallocation of the gas tax and a ELMS 5 cent gas tax for a fee not to exceed $6,000.00. Mr. Beauchamp said this would be $3,000.00 per ordinance. Mr. Beauchamp said the auditor had advised there is a strong possibility that citizens are already paying the communications service tax to the Department of Revenue (DOR) and we are unable to collect our portion since there is not an ordinance enacted. Mr. Beauchamp said to meet the requirements of the Florida Statutes, the ordinances must be enacted by July 1st.
Comm. Bell said action at this time appeared premature until the Department of Revenue (DOR) released their revenue estimates for 2003-2004 in June, 2003.
Comm. Yearty said if the communications tax is already being collected and our inability to collect the tax from the Department of Revenue (DOR) is a result of not having an ordinance enacted the process needs to be initiated to institute or collect these funds.
Mr. Shipp said the action returning the funds to the Capital Improvement fund and reducing expenditures should assist the 2003-2004 budget but there will be a shortfall for 2004-2005.
Comm. Yearty moved to request Nabors, Giblin and Nickerson to draft a proposed ordinance and schedule the public hearings for the communications service tax. Comm. Parker seconded.
Mr. Beauchamp said the Department of Revenue (DOR) will calculate the amount to be disbursed to the county and this communications service tax relates to land lines.
Mrs. Renate Cannon, Mr. Arthur Maruna, Mrs. Jacqueline Gilreath and Mr. Ron Grant provided public opinion concerning the engaging of Nabors, Giblin & Nickerson to prepare and proposed ordinance for implementation of a communications service tax. Comm. Yearty, Comm. Parker and Chairman Stevens voted YES, Comm. Bell voted NO and the MOTION CARRIED.
Comm. Yearty voted to engage the firm of Nabors, Giblin & Nickerson to draft a proposed ordinance for an ELMS gas tax. MOTION DIED FOR LACK OF A SECOND.
Mr. Beauchamp said Ms. Espinoza of Nabors, Giblin & Nickerson has indicated that she would make a presentation on impact fees, the impact of new growth and the process.
Comm. Bell recommended delaying any action until the legislature has concluded their session and the bond issue and jail expansion are resolved.
Comm. Yearty moved to request Ms. Espinoza to make a presentation concerning the enactment of impact fees if there is no charge. Comm. Parker seconded. Comm. Parker, Comm. Yearty and Chairman Stevens voted YES, Comm. Bell voted NO and the MOTION CARRIED.
BUILDING AND GROUNDS
Mr. Beauchamp said the Department of Transportation (DOT) has not completed their execution of the joint participation agreement for the purchase of the Partin building and upon receipt the closing documents will be ready to execute and he recommended authorizing Chairman Stevens the authority to act. Comm. Parker moved to authorize Chairman Stevens the authority to sign the closing documents. Comm. Yearty seconded and the MOTION CARRIED.
VALUE ADJUSTMENT BOARD
Mr. Beauchamp said the appointees to the Value Adjustment Board (VAB) consist of three (3) County Commissioners and two (2) School Board members and is responsible for hearing petitions from tax payers who consider their assessments to high. Mr. Beauchamp said Comm. Rooks has requested not to be appointed.
Comm. Bell requested not to be appointed due to time constraints.
Chairman Stevens appointed Comm. Yearty, Comm. Parker and Chairman Stevens to the Value Adjustment Board (VAB) and Comm. Rooks as alternate.
Mrs. Susan Haines explained with recent changes in the Florida Statutes an organization meeting will need to be held prior to the Value Adjustment Board (VAB) hearings to establish a policy procedure relating to notice, providing evidence and time frame to reschedule a hearing.
BUDGET
Mr. Shipp requested the commencement of preliminary review of the budgets for the Departments with the respective commissioner of the department.
Comm. Yearty recommended requesting the constitutional officers to voluntarily reduce their budgets.
Comm. Bell recommended Mr. Moody, the County Coordinator and Mr. Shipp as Clerk prepare an agenda for a workshop to discuss the budget.
Mr. Howard Cook said a review of the use of county vehicles should be done.
Comm. Parker said the use of county vehicles by employees is being reviewed including the necessity and use of cell phones with the intent of instituting a policy and procedure.
Mrs. Sandy Fink inquired if the county had received federal funds for Homeland Security to purchase a vehicle.
Major Bobby McCallum said the Sheriff's Office had not received any funds for homeland security since it was instituted two (2) years ago. Major McCallum said those federal funds are being designated to the larger communities.
Mrs. Jacqueline Gilreath recommended controlling the use of county vehicles and cell phones and having controls for accountability.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court