REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
July 22, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on July 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. Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell 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 July 8, 2003. Comm. Rooks seconded and the MOTION CARRIED.
Comm. Rooks moved to emend the action approving the minutes for the regular meeting of June 17, 2003 correctly to June 16, 2003. Comm. Yearty seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson, interim Director, said a drill with Florida Progress is scheduled for July 23, 2003.
Mr. Johnson said the Community Emergency Response Team (CERT) grant had been accepted and it is providing training for citizen emergency response training to augment the uniformed and emergency personnel during a disaster. Mr. Johnson said the response resulted in 65 volunteer participants and the first training program should end August 28, 2003 with a graded exercise and graduation ceremony. Mr. Johnson explained a volunteer instructor pool will be trained to assume the duties for training that Marion County CERT Instructor team is handling to begin in the Spring of 2004.
Mr. Johnson said the annual review of adult living facilities emergency plans has been completed.
Mr. Johnson explained the lap top computers purchased for all Emergency Support Function areas have been installed and connected to ADSL High-Speed Internet Connection and have access to current NOAA Weather Radar programs and Hurricane Tracking programs. Mr. Johnson said training is pending due to time and manpower constraints.
Mr. Johnson said the EMPA grant funded communications equipment for DirecTV receivers, televisions and news/weather viewing packages which have been purchased and are being installed at the Sheriff’s Office and the Emergency Operations Center.
Mr. Johnson explained the Continuity of Government Plan (COG) and the Continuity of Operations Plan (COOP) and the Terrorism Annex to the Comprehensive Emergency Management Plan has been completed by the Local Emergency Planning Council (LEPC) and delivered tot he State with an extension being granted to deliver materials.
Mr. Johnson said a Local State of Emergency was signed and declared on June 23, 2003 with three (3) seven (7) day extensions for the heavy rains which caused severe flooding damage private property and public infrastructure in Inglis and Yankeetown. Mr. Johnson explained initial damage estimates were low and another evaluation by the Federal Emergency Management Association (FEMA) from the cost assessments provided by Mosquito Control, Road Department, Health Department and Emergency Management allowing for federal reimbursement of a percentage of the losses.
Mr. Johnson said the radio communication equipment has been installed in the 2002 Chevrolet Tahoe and the 1986 Chevrolet Blazer has been transferred to the Road Department.
Mr. Johnson explained information providing emergency preparedness material to the general public was provided at the Emergency Preparedness Fair, the Watermelon Festival in Chiefland and the Williston 4th of July event.
Mr. Johnson said 13 Emergency Support Function personnel attended the Governor’s 2003 Hurricane Conference.
Comm. Rooks commended Mr. Johnson and Leatha Keene on their leadership and participation on an interim basis.
COMMISSIONERS
Mr. Fred Moody said a representative from Nabors, Gilbin and Nickerson, P.A. will be in attendance for the next regular meeting and recommended obtaining information pertaining to the master ordinance with a brief summary on impact fees and the process for consideration of implementation in 2005. Comm. Yearty requested the item be scheduled on the agenda for the next regular meeting.
COMMODITY PROGRAM
Mr. Moody said the commodities program is impacting the Emergency Management and Road Departments and recommended reviewing transferring the program to another department or considering placement with an independent agency.
Comm. Yearty requested Mr. Moody explore available options and provide his findings.
UNION
Mr. Moody explained during the budget workshop discussion ensued on considering hiring a professional collective bargaining representative and Mr. Greg Beauchamp has provided information that Allen, Norton & Bloom law firm are currently on a small retainer to provide information on the collective bargaining unit.
Comm. Yearty request Mr. Moody obtain the information for securing the services of a collective bargaining representative for the next regular meeting.
Major Bobby McCallum said the Sheriff’s Association has used the services of Allen, Norton & Bloom and recommended their services.
ANIMAL CONTROL
Mr. Moody explained a presentation concerning private donations to Animal Control without them being deposited to the General Fund and being used for a specific designated use was discussed during the budget workshop. Mr. Moody recommended preparing a proposal with information provided by Mr. Ron Shilts, Mr. Wayne Hardee and Mr. Danny, Shipp.
Mr. Beauchamp said it should be clarified with the auditor for the procedure on accepting donations.
ORDINANCES
Mr. Moody said there was discussion in the budget workshop to review the current fees for animal control and parks and recreation and increased costs in operating those departments. Comm. Bell recommended the Department Heads prepare a recommendation for review.
COUNTY EMPLOYEES
Mr. Moody said there have been several vendors requesting the opportunity to provide the drug testing and it has been recommended to request proposals for this service.
Comm. Parker said request for proposals should be requested to determine if there is an economic benefit.
Mr. Moody said a ten (10) hour, four (4) day work week has been discussed and recommended negotiating the issue during collective bargaining for certain employment positions. Mr. Moody explained there could be economic savings in certain positions to use the ten (10) hour day.
Mr. Justin Watson said there would be a savings in overtime compensation with the construction crews.
INSURANCE
Comm. Parker recommended the appointment of a committee to review the “Cafeteria Plan” and if the current representative administering the plan needs to be changed.
Chairman Stevens requested Ms. Heather Alexander, Mr. Fred Moody, Comm. Bell and Mr. Shipp’s designee to review and provide their findings at the next regular meeting.
AGENCIES
Mr. Lannie Cardona explained the Dixie, Gilchrist, Levy Tourism Development Board was budgeted $5,000.00 to allow matching funds for the Rural Regional Development Grant and requested this amount again be budgeted for the 2003-2004 fiscal year. Mr. Cardona said funding is received from the other two counties and is used for matching funds for the grant. Mr. Cardon explained there has been a 5 percent increase in tourism and “name recognition” for the area is being obtained at a low cost with the information being provided for the Pure Water Wilderness. Comm. Bell moved to budget $5,000.00 to the Dixie, Gilchrist, Levy Tourism Development Board for the 2003-2004 fiscal year. Comm. Rooks seconded and the MOTION CARRIED.
ROADS, COUNTY
Comm. Yearty recommended the Road Committee review all roads currently scheduled for new construction or resurfacing and the priority basis for the roads. Comm. Yearty moved to suspend all new construction projects with the exception of those that work has commenced and only proceed with resurfacing projects for the remainder of the fiscal year. Comm. Bell seconded.
Comm. Yearty explained with the current economic shortfall paved roads need to be maintained and new paving projects suspended until the entire fiscal position for road projects is clarified and the MOTION CARRIED.
Comm. Bell said CR 341 is in serious need of resurfacing. Mr. Watson explained the expected grant that would have financed the project will not be available.
ROAD MAINTENANCE
Chairman Stevens said during the budget workshop their was discussion concerning the cessation of road maintenance on a one (1) time basis for the remainder of the fiscal year.
Comm. Rooks recommended reviewing all requests and consider only grading to continue intervention work.
Comm. Parker discussed the safety and welfare of the residents in the affected areas and the access for law enforcement, emergency vehicles and school buses.
Chairman Stevens explained the roads dedicated to the public but not county maintained formerly only provided maintenance if on a fair weather day a two-wheeled vehicle was unable to traverse the road way.
Comm. Yearty said a solution to repetitive one (1) time maintenance would be to establish a taxing unit and this can be done through a master ordinance. Comm. Yearty explained the one (1) time maintenance requests need to be reviewed thoroughly and those in fair shape should not be maintained currently.
Mr. Rob Corbitt said there is a benefit to one (1) time maintenance to the community and currently without being able to establish a municipal service taxing unit for the subdivision roads in need of maintenance there are not any alternatives for the residents.
Mr. Ron Grant inquired what options are currently available to provide revenue for the ensuing fiscal year with the proposal to proceed with a master ordinance to address these issues several months ago being denied.
Comm. Bell explained the issue had been discussed during the budget workshop.
Mr. Greg Beauchamp said a proposed ordinance for a communication fee would be presented at the August 5, 2003 regular meeting. Mr. Beauchamp explained the use of a master ordinance to allow the various taxing units and service fees would not resolve the total economic short falls.
Mrs. Sandy Fink recommended citizens volunteering to repair their own roads.
ORDINANCES
Mr. Beauchamp presented the proposed ordinance titled as follows:
Ordinance providing for creation of Levy County Nuisance Abatement Board; providing for powers and authority; providing for additional penalties; providing for effective date.
Mr. Beauchamp explained the intent of the ordinance is to provide law enforcement with a tool to be implemented to shut down a private property that is a public nuisance from drug sales, criminal street gangs, dealing in stolen property as some examples.
Major McCallum said this is a valuable tool for law enforcement.
Mr. Wilbur Dean inquired on how a nuisance is determined.
Mr. Beauchamp said a public hearing would determine if a property was a public nuisance.
Comm. Parker moved to adopt the ordinance for the Nuisance Abatement Board. Comm. Yearty seconded and the MOTION CARRIED UNANIMOUSLY.
HEALTH
Ms. Heather Alexander explained the Trenton Medical Center, Inc. has submitted a request for a letter of support to allow them to receive federal grant funds for their pediatric expansion project. Comm. Bell moved to send a letter of recommendation for the project. Comm. Parker seconded.
Comm. Yearty recommended reviewing the request and determine if this support would create a loss of funds to the Levy County Health Department. Comm. Yearty said the Health Department and the Chiefland Medical Center should be contacted and a response received from them on this request.
Comm. Bell withdrew her action and Comm. Parker concurred.
EMERGENCY MEDICAL SERVICES
Mr. Billy Carrecia presented the Certificate of Public Convenience and Necessity for approval. Comm. Rooks moved to approve the Certificate of Public Convenience and Necessity to allow for the continued operation of the emergency rescue vehicles. Comm. Bell seconded and the MOTION CARRIED.
Mr. Carrecia said there is an opportunity to obtain training for Emergency Response Team for a Hazmat Technical class. Mr. Carrecia explained the class would be for 160 hours and would be 40 hours a week for every other week and requested authorization to participate.
Mr. Carrecia said Mr. Johnson with Emergency Management was aware of the action and the fire department Emergency Response Teams provide interagency cooperation.
Comm. Rooks recommended Mr. Rick Lombardo attend the class as County Fire Director as Mr. Carrecia is Director of Emergency Medical Services.
Mr. Carrecia presented a request to write-off the following uncollected ambulance fees:
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Mr. Carrecia explained the uncollected fees should be written off annually to meet auditing requirements and attempts at collections will continue. Mr. Carrecia said consideration is being given to working through a collection agency, promptly billing on automobile accidents, and other suggestions.
Mr. Claude Blackburn said there was a difficulty with his personal insurance paying an ambulance bill due to incorrect coding on the bill.
Mrs. Mary Golding recommended publishing the uncollected debts.
Mr. Carrecia explained this was unacceptable with the HIPPA guidelines. Comm. Rooks moved to write off the total uncollected ambulance fees of $570,884.48. Comm. Bell seconded and the MOTION CARRIED.
Mr. Moody said further investigation on to pursuing the uncollected amounts will be reviewed and consideration to acceptance of debit and credit cards.
PLANNING, COUNTY
Ms. Kathy Winburn presented two (2) recommendations as alternates to the Planning Commission. Ms. Winburn explained there had been three (3) applications and one was withdrawn. Ms. Winburn presented a recommendation of alternate members to the Planning Commission for Mr. Kenneth W. Crosby and Mr. Bill Hammond. Comm. Bell moved to approve the appointment to the Planning Commission as alternates of Mr. Kenneth W. Crosby and Mr. Bill Hammond. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Chairman Stevens requested Mr. Watson to review necessity of the proposed one (1) time maintenance requests shown on the agenda and present them at the next regular meeting if the one (1) time maintenance is necessary.
TRANSPORTATION
Mr. Major Stroupe presented grant application and authorizing resolution for the Trip/Equipment Grant for a projected amount of $226,015.00 and the matching funds will be $22,602.00. Comm. Yearty moved to approve the application. Comm. Bell seconded and the MOTION CARRIED.
Mr. Beauchamp advised the resolution needed to be emended to correct Mr. Danny Shipp as the Clerk of Court and not as resident agent. Comm. Bell moved to approve the resolution with it emended for the Clerk of Court. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Stroupe said the Construction and Maintenance Department needs to be commended for their efforts in preparing the building for the Transportation Department.
Mr. Stroupe said a proposed rate schedule will be provided for review as submitted to the Local Coordinating Board.
Mr. Stroupe explained the Capital Assistance Grant applied for by ATC has been awarded and the local match is $4,600.00 and will be payable upon receipt of the vehicle.
Mr. Stroupe said Mr. Bill Beddow and self will be attending the annual training conference in Orlando from August 4 to August 7, 2003.
VETERAN’S OFFICE
Mr. George Hermansen explained the services that have been provided to veteran’s and their families resulting in an increase of income or capital assets of approximately two million dollars for this assistance.
SALARY AND WAGES
Mr. Hermansen presented a request for a one (1) time bonus as follows:
Christine Hartter for successful completion of the Veteran Service Officer Certification Training Course conducted by the Florida Department of Veterans’ Affairs and allowing for a one (1) time $500.00 bonus.
Comm. Yearty moved to approve the one (1) time bonus for the course completion. Comm. Bell seconded and the MOTION CARRIED.
Mr. Moody explained Mr. Hermansen has completed the required six (6) month probation and the evaluation and recommendation will be presented at the next regular meeting.
Mr. Cardona explained Ms. Hartter was hired with the assistance of One Stop Services for the transition to the work force and it is a success story for the program and benefits the county with point being applied on grant applications.
MISCELLANEOUS
Mr. C. W. Gilbert discussed the denial of the special exception petition presented by Mr. Eberle and requested further consideration of the action.
SHIP
Mr. Shipp presented the following Deferred Payment Loan Agreements:
David and Jennette Walker, Williston Highlands, Unit No. 4, Block B, Lot 19, Williston for $6,500.00 to purchase a home.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Jesus and Patricia Manalastas, Lot 6 and 7, Block B, Fruitland Heights, 319 N. E. 10th Terrace, Chiefland for $6,450.00 to purchase a home.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Shipp presented a Satisfaction of Mortgage agreement for Cecilio and Vicky Olavarria. Comm. Yearty moved to approve the Satisfaction of Mortgage agreement. Comm. Bell seconded and the MOTION CARRIED.
BUDGET
Mr. Shipp advised the tentative budget for the 2003-2004 fiscal is $46,955,270.00 and a tentative millage rate needs to be adopted. Mr. Shipp explained the tentative budget has been based on 9 mils. Comm. Rooks recommended all Department Heads be notified to reduce expenditures until the closed of the fiscal year on September 30, 2003. Comm. Yearty moved to adopt a tentative millage rate of 9 mils. Comm. Bell seconded.
Mr. Shipp explained the reserves have been used and there is still approximately $100,000.00 to balance and services may have to be cut.
Mrs. Sheila Rees explained without additional revenue there is an estimated six to eight million dollar short fall expected for the 2004-2005 fiscal year and the MOTION CARRIED.
RESOLUTIONS
Mr. Beauchamp presented a resolution recognizing Karen Thurman years of service as Levy County’s Congressional Representative. Comm. Rooks moved to approve the resolution. Comm. Bell seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp presented the family mediation contracts for the court ordered mediation program. Comm. Bell requested action to be delayed to allow her to review the contracts.
UTILITIES
Mr. Beauchamp explained notice had been received of a Tax Deed Sale Warning for the University Oaks Water System that was assumed by the county in accordance with Florida Statutes. Mr. Beauchamp said the system is beginning to support itself and the funds invested by the county may eventually realize a return.
Mr. Shipp said a private individual had expressed interest in purchasing the water system.
Comm. Parker said if an individual assumed the responsibility of the water system with the improvements and then did not continue to be responsible the county would assume the system. Comm. Parker said consideration could be given to providing alternative water supplies.
Mr. Wilbur Dean said fewer users would increase costs to run a system and municipalities usually have mandatory water hook up requirements to offset these costs.
COMMISSIONERS.
Mr. Beauchamp said a request had been made to consider adopting Robert’s Rules of Order for conducting meetings.
Comm. Bell said it was a written and accepted procedure allowing more formality on the conducting of meetings.
Chairman Stevens said meetings have been conducted to allow the public to have input during discussions and that would be eliminated.
Mrs. Sandy Fink said the ability to contribute to discussions was appreciated.
MUNICIPALITIES
Comm. Rooks said the City of Cedar Key have requested a joint workshop and have requested the dates of August 12, 18 or 26, 2003 be considered with the meeting time at 7:00 p.m..
Chairman Stevens requested Mr. Moody to coordinate the date and time with the City of Cedar Key and for the city to advertise the time of the meeting.
SHERIFF
Major McCallum submitted a replacement contract for the COPS grant for the Chairmans’ signature and explained the original was misplaced at the Department of Justice, Washington, D.C..
COMMISSIONERS
Chairman Stevens called for any discussion resulting from the joint workshop with the City of Chiefland.
Comm. Rooks said the workshop allowed additional insight of the concerns from the government entities and had positive results.
Mr. Moody said residents from the city were appreciative that the work shop was scheduled and the current procedure in exchanging equipment should be continued.
Mrs. Sandy Fink expressed her impression of the work shop and concern on the wants presented by the city commissioners.
Comm. Parker said the work shop provides an opportunity for citizens to provide their concerns to both commissions.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court