REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
August 19, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on August 19, 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 Sheriff Johnny Smith 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 August 5, 2003. Comm. Parker seconded and the MOTION CARRIED.
GRANTS
Ms. Betty Jordan, Jordan and Associates, Inc., said the Department of Community Affairs (DCA) has approved the plans and specifications for the road paving project under the Community Development Block Grant (CDBG) and invitations to bid need to be advertised. Comm. Bell moved to approve advertising for Invitations to Bid. Comm. Yearty seconded and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Comm. Tommy Langford, Gilchrist County Commissioner, said they are preparing to pave 2/10 of a mile of the road serving North Florida Peanut and is requesting the use of three (3) employees to operate the equipment. Comm. Langford said they do not have the equipment or a qualified employee to operate this type of equipment. Comm. Langford said it would be for one (1) day and it is scheduled for December, 2003. Comm. Bell moved to approve the loan of the employees with Gilchrist County reimbursing the expense. Comm. Yearty seconded and the MOTION CARRIED.
APPOINTMENTS
Mr. Lannie Cardona said there is a vacancy on the Levy County Tourist Authority and they are recommending the appointment of Ms. Rayanne Giddis. Mr. Cardona said the Nature Coast Business Development Council also recommends the appointment. Comm. Bell moved to approve the appointment of s. Rayanne Giddis. Comm. Rooks seconded and the MOTION CARRIED.
RESOLUTIONS
Mr. Hugh Thomas presented a resolution enabling the Levy County Board of County Commission to become a partner in the Suwannee River Basin Nutrient Management Working Group. Comm. Yearty moved to approve the resolution to become a partner with the Suwannee River Partnership. Comm. Bell seconded and the MOTION CARRIED.
SHERIFF
Mr. C. W. Gilbert explained he was physically assaulted by a security person at the court house when he passed through the security area and proceeded to the office of the Honorable Judge Joseph E. Smith. Mr. Gilbert said the security officer had requested his name and he has never been asked that before. Mr. Gilbert said he was placed in handcuffs and hoped this was a personal act of harassment and not how others were treated.
Chairman Stevens advised Sheriff Smith is in charge of security for the court house.
UNION
Mr. Fred Moody requested scheduling the Collective Bargaining Executive Session for Tuesday, August 26, 2003 at 4:00 p.m. as requested by the law firm who will be handling the negotiations. Comm. Bell moved to schedule the Collective Bargaining Executive Session for Tuesday, August 26, 2003 at 4:00 p.m.. Comm. Yearty seconded.
Mr. Greg Beauchamp explained there are exceptions to the “Sunshine Law” that allows for transaction of certain business and this is in accordance with the Florida Statute and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Moody said the hiring freeze had been instituted on May 6, 2003 and there have been some vacancies from people leaving the work force and there will be employees using annual leave during hunting season. Mr. Moody said the hiring freeze was a directive and was not subject to an action by vote. Comm. Rooks moved to repeal the hiring freeze. Comm. Yearty seconded.
Comm. Parker said with the current fiscal crisis the hiring freeze should remain intact and review on a case by case basis.
Comm. Rooks said the staff has decreased and employees are being burdened with an excess work load.
Mr. Arthur Maruna recommended continuing the hiring freeze with the current budget situation.
Mr. Ron Grant said the Clerk had hired an accountant that was being paid more than supervisors and department heads.
Mr. Danny Shipp explained the individual was hired on their business experience.
Mrs. Mary Golding said the payment of over time would be more costly than having an employee working a 40 hour week.
Comm. Rooks and Comm. Yearty voted YES, Comm. Parker, Comm. Bell and Chairman Stevens voted NO and the MOTION FAILED.
LEGISLATIVE
Ms. Heather Alexander advised the Honorable Bill Nelson, U.S. Senator would be holding a town hall meeting on Friday, August 29, 2003 at 11:00 a.m. at the County Commission Room in Trenton, Florida.
INSURANCE
Ms. Alexander said an open enrollment meeting needs to scheduled and a decision was needed if the $58.66 was going to continue to be contributed to the dependent’s coverage on the employee’s health insurance.
Comm. Yearty moved to continue paying the additional $58.66 for the employee’s dependent’s coverage. Comm. Parker seconded.
Comm. Bell said there would be a savings if the cost was only paid for the employee and these costs will continue to increase.
Comm. Yearty explained the budget can be balanced without cutting this benefit from the employee.
Comm. Rooks, Comm. Parker, Comm. Yearty and Chairman Stevens voted YES, Comm. Bell voted NO and the MOTION CARRIED.
MUNICIPALITIES
Ms. Alexander said there will be a workshop with the City of Williston on August 25, 2003 at 7:00 p.m. in Williston.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson, interim director, presented the contract for the Shelter Retrofit. Mr. Johnson said the grant is for $210,545.00 and it will allow the retrofitting of schools that have been designated as shelters to be upgraded. Comm. Rooks moved to approve the grant agreement for the Shelter Retrofit. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Johnson presented the Emergency Management Preparedness and Assistance Base Grant with the Department of Community Affairs for $102,959.00. Mr. Johnson explained this grant provides funding for equipment, staff salaries and training programs. Comm. Rooks moved to approve the grant agreement. Comm. Bell seconded and the MOTION CARRIED.
COMMODITIES
Mr. Johnson presented the contract in the amount of $1,225.68 for the commodity program to provide food to residents with low and fixed incomes. Comm. Rooks moved to approve the contract. Comm. Bell seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Johnson presented the contract with the Withlacoochee Regional Planning Council to conduct the hazard analysis assessment with state funding of $2,786.00. Comm. Rooks moved to approve the contract. Comm. Bell seconded.
Mr. Johnson explained the analysis is for the storage of anhydrous ammonia and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Johnson explained the declaration of a disaster area in the Inglis and Yankeetown area is continuing and FEMA and the state division of Emergency Management Services.
Mr. Johnson said the resolution for a Local State of Emergency Declaration enacted August 9, 2003 needs to be ratified. Comm. Rooks moved to ratify the resolution for the Local State of Emergency Declaration. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Ms. Marie Wells requested approval for the purchase of a Life Pak 12 charging system and 12 nicad Fuel batteries for the 12 lead monitors. Ms. Wells explained the cost is $4,154.80 and it will be an economic savings by eliminating the need to purchase batteries every six (6) months. Comm. Bell moved to authorize the purchase. Comm. Parker seconded and the MOTION CARRIED.
UNION
Mr. Jim Foran explained there has been a delay in Washington, D. C. for the completion of the geographical survey for the Emergency Medical Services.
ORDINANCES
Mr. Beauchamp explained the public hearing for on site sewage disposal in coastal zones was continued from August 5, 2003 for the wording of the ordinance to be clarified.
Comm. Bell requested the tabling of further discussion on the proposed ordinance and scheduling a work shop to review all options.
Mrs. Sue Colson said the Cedar Key Aquaculture Association supports the proposed ordinance requiring Advanced Secondary Treatment Standards. Mrs. Colson explained the Health Department can issue permits for a septic tank to any property owner and the standard septic systems would affect the water quality for the clamming industry.
Comm. Rooks explained there had been numerous meetings with interested parties and various agencies to find a solution to allow Mr. Rick Thompson to develop his subdivision and protect the water quality for the aquaculture industry Comm. Rooks said a moratorium can not be enacted and the Advanced Secondary Treatment Standards are being endorsed to protect the water quality.
Mr. Stuart Cullen, Cullen and Brown, said the ordinance would set a standard and not be mandating a particular system and the standard would provide a quality level of protection to the coastal waters and allow for the development of Cedar Key Plantation.
Mr. Joe Machrin, Earth Tech Systems of Florida, explained their company provides a system compliant with the Advanced Secondary Treatment Standards and there is a maintenance plan available for the property owner with external alarm systems.
Mr. Mike Hodges said the clamming industry is not trying to restrict the system people may use only requesting a standard be adopted by ordinance for the coastal areas.
Comm. Bell moved to table any action on the proposed ordinance. Comm. Parker seconded.
Mr. Beauchamp explained without the ordinance the developer can install standard septic system and the ordinance is to provide a standard for the protection of the water.
Comm. Rooks said the intent is to establish a standard to protect the water quality in coastal areas.
Comm. Yearty said private treatment plants are not allowed and the ordinance would set a standard for a disposal system and the Health Department will enforce the standards if the ordinance was adopted and Comm. Bell and Comm. Parker voted YES, Comm. Rooks, Comm. Yearty and Chairman Stevens voted NO and the MOTION FAILED.
Comm. Yearty moved to adopt the ordinance designating a set standards in compliance with an Advanced Secondary Treatment Standards. Comm. Rooks seconded. Comm. Rooks, Comm. Parker, Comm. Yearty and Chairman Stevens voted YES, Comm. Bell voted NO and the MOTION CARRIED.
SHERIFF
Ms. Lynn Slaughter requested consideration of establishing a citizen review board for complaints concerning the Sheriff’s Office and the county assuming the responsibility of enforcing deed restrictions.
Mr. Beauchamp explained the county has never been responsible for enforcing deed restrictions and it was private civil matter between landowners.
Ms. Slaughter said she had a concern on a matter handled by the Sheriff’s Office and the results of the investigation by Internal Affairs at the Sheriff’s Office.
Chairman Stevens requested Mr. Beauchamp to discuss the issue of a citizen review board with the counsel for the Sheriff’s Office and for Mr. Moody to review the issue of enforcement of deed restrictions.
JUDICIAL
Mr. Ted Wilkins said the bailiffs and security officers responsible for court house security need to be firm as their duty is to prevent violence occurring within the court house.
Sheriff Smith explained in response to an inquiry by Mrs. Renate Cannon that he is responsible for the security of the judges, court chambers and court house personnel.
MISCELLANEOUS
Mrs. Renate Cannon discussed the use of Robert’s Rules of Order for the conduction of business and the implementation of a non-transport fee for Emergency Medical Services.
Mr. Fred Shaw commented on the budget, the decision not to utilize the services offered by Mr. Tom Harper and the possible implementation of impact fees.
Mr. Danny Shipp explained it has been requested for him to review the financial impact to the General Fund if impact fees were considered for adoption.
COUNTY FIRE DIRECTOR
Mr. Rick Lombardo requested the transfer of $4,748.00 to the Fire Director’s budget to be utilized for training of personnel of the HazMat Team. Mr. Lombardo explained these funds had been previously designated in 1996 to the Otter Creek Volunteer Fire Department and they were not eligible for the funds at that time and it has been carried forward. Comm. Parker moved to transfer $4,748.00 for training of the HazMat Team. MOTION FAILED FOR LACK OF A SECOND.
Mr. Lombardo requested a transfer of $1,500.00 from the contingency budget to the Fire Director to purchase a computer. Comm. Parker moved to approve a transfer of $1,500.00 from the contingency budget to the operating budget. Comm. Bell seconded and the MOTION CARRIED.
Mr. Lombardo explained the Fire Advisory Board had discussed training a HazMat Team and requested direction on continuing the program.
Comm. Rooks said long range planning should be utilized and the concept should be presented before the committee to review the financial impact for training and equipment.
ROAD AND BRIDGE DEPARTMENT
Mr. Justin Watson presented the proposed 5 Year Work Plan for the 2003-2004 year. Mr. Watson explained there are five (5) projects proposed as follows:
- Resurface SR 500 within corporate limits of the Town of Bronson.
- Resurface C339 for approximately 53,187 feet (10.7 miles) with a width of 22 feet from SR 27 to the Gilchrist County line.
- Resurface C347 to NW 30th Avenue between SR 19 and SR 27 for approximately 20,935 feet (3.96 miles) with a width of 18 feet.
- Replacement/Rehabilitation of Bridge #340010 - Cedar Key Airport Road.
- Replacement/Rehabilitation of Bridge #340016 - Waccasassa River.
Comm. Rooks moved to accept the 5 Year Work Plan with the two (2) bridge projects being moved from priority 4 and 5 to priority 2 and 3. Comm. Yearty seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Watson presented the following requests for maintenance on a one (1) time basis:
NE 69th Place, requiring two (2) loads of rock and grading for 1 ½ hours beginning at NE 99th Court and ending at NE 101st Court for an estimated cost of $700.50.
Comm. Parker moved to approve maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 112th Lane located in University Oaks requiring four (4) loads of rock and 1 ½ hours of grading beginning at NE 106th Court and ending east to NE 107th Terrace for an estimated cost of $1,300.50.
Comm. Parker moved to approve maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 115th Avenue located in Oak Ridge Estates requiring three (3) loads of rock and grading, installing three (3) 35 mph signs with attached children at play signs and two (2) reflectors on county right of way off of Alt. 27, beginning at Alt. 27 and ending at NE 69th Lane for an estimated cost of $900.00.
Comm. Parker moved to approve maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
SE 188th Terrace located in Gilmore Acres requiring two (2) loads of rock and grading for 1 ½ hours beginning at C326 and ending at the end of SE 188th Terrace for an estimated cost of $700.50.
Comm. Yearty moved to approve maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED.
SE 110th Court located in Tuckaho requiring 1 ½ hours of grading for an estimated cost of $100.50 (County has right of way).
Comm. Yearty moved to approve maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED.
NE 14th Lane located in Williston Highlands Golf & Country Club requiring five (5) loads and three (3) hours of grading beginning at NE 10th Street and ending at NE 14th Lane for an estimated cost $1,701.00.
Comm. Bell moved to approve maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED.
SW 57th Lane and SW 105th Avenue located in Rosewood requiring seven (7) loads of rock, 15 loads of fill dirt and four (4) hours of grading for an estimated cost of $6,650.00 (road is holding water and residents are unable to access their homes).
Comm. Rooks said the damage is a result of the weather conditions and disaster assistance is being requested from FEMA. Comm. Rooks said there is a possibility of reimbursement by FEMA. Comm. Rooks moved to approve the maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Lombardo said the road conditions would impede fire and rescue vehicles if they were summoned to the area.
COUNTY ROADS
Mr. Watson presented the following for acceptance into the maintenance system:
SW 123rd Terrace located in Cedar Key Heights from SW 76th Street to SW 73rd Place.
Mr. Watson said the road was part of a platted subdivision and in 1992 it was vacated through an error in the legal description and has created a land locked situation for property owners.
Comm. Rooks explained the road previously was maintained and requested securing the deeds for right of way from property owners and placing the affected portion of road into the maintenance system. Comm. Rooks moved to obtain the right of way deeds from the property owners and replacing it into the maintenance system. Comm. Yearty seconded.
Comm. Rooks explained the representative from FEMA has indicated they will reimburse the county for a portion of the road work to allow access if a hold harmless waiver is obtained and right of way deeds are obtained and the MOTION CARRIED.
Comm. Rooks explained approximately 90 percent of the right of way deeds have been received for SW 55th Street, SW 100th Avenue and SW 52nd Place.
Comm. Rooks explained NW 57th Court (LCR 442) was approved to be accepted into the maintenance system upon obtaining all right of way deeds. Comm. Rooks said there is one property owner that refuses to grant right of way and recommended accepting the road into the maintenance system without the one right of way deed. Comm. Rooks moved to accept NW 57th Court into the maintenance system less the one deed for right of way. Comm. Yearty seconded.
Mr. Watson explained all attempts to obtain the right of way deed from this one landowner have been futile. Mr. Watson said the approval for acceptance into the maintenance system was given prior to the Road Policy being established.
Comm. Parker said a precedence would be set and a recommendation from the Road Committee should be obtained.
Chairman Stevens said the acceptance into the maintenance system was taken prior to the establishment of the Road Policy and committee and the MOTION CARRIED.
GRANTS
Mrs. Nicole Tummond presented the award of the Local Law Enforcement Block Grant for the fiscal year of 2003 for $47,351.00. Mrs. Tummond said the local match will be $5,261.00 and that is included in the budget for the Sheriff’s Office. Comm. Rooks moved to accept the grant award for the Local Law Enforcement Block Grant. Comm. Bell seconded and the MOTION CARRIED.
SHIP
Mr. Danny Shipp presented the following Deferred Payment Loan Agreement:
Jason Schilling, Lot 41, Block 7, Fannin Springs Annex, for $15,000.00 to purchase a home.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
BUDGET
Mrs. Sheila Rees requested approval to establish a Sales Tax Revenue Bond Debt Service Fund and a Sales Tax Revenue Bond Construction Fund to account for bond proceeds. Comm. Yearty moved to approve the creation of the two funds. Comm. Bell seconded and the MOTION CARRIED.
Mrs. Rees requested approval to transfer $3,332,612.00 from the Capital Projects Fund to the General Revenue Fund. Comm. Yearty moved to approve the transfer of funds. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Shipp advised the budget workshop scheduled for August 20, 2003 could be canceled.
Mr. Shipp said he would be securing the information on impact funds and if they will assist increasing the revenue in the General Fund.
ROAD CLOSING
Mr. Beauchamp said the Pine Grove Baptist Church is planning a construction project and have applied for a portion of road be vacated. Mr. Beauchamp said a resolution would need to be adopted to proceed with the process for closing the road. Comm. Bell moved to adopt the resolution. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp presented the agreement with New River Solid Waste Association. Mr. Beauchamp explained the contract continues until September 30, 2019 and allows for the solid waste to be hauled to this site. Comm. Yearty moved to approve the contract. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Beauchamp presented the contract with Mr. Lombardo for an expense allowance of $300.00 per month as County Fire Director effective on May 20, 2003. Comm. Parker moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
LEASES AND RENTALS
Mr. Beauchamp presented the long term lease agreement with the City of Williston for the property that will be used for the Emergency Medical Services station. Mr. Beauchamp said it is a 99 year lease with a rental of $1.00 per year that will be forgiven. Mr. Beauchamp said the lease includes a provision for the property and building to revert to the City of Williston if it ceases to be used as an Emergency Medical Services station. Comm. Rooks moved to approve the lease agreement. Comm. Bell seconded and the MOTION CARRIED.
ANIMAL CONTROL
Comm. Bell recommended adopting a resolution for the acceptance of donations from private individuals. Comm. Bell explained there have been requests to make donations to Animal Control for spaying and neutering programs. Comm. Bell moved to adopt the resolution for a donation fund and establish a committee to review the acceptance of donations. Comm. Rooks seconded and the MOTION CARRIED.
ORDINANCES
Comm. Bell explained her action to adopt the ordinance for the communications tax was in error and thought there would be additional time to study the information. Comm. Bell said after contacting the Department of Revenue this would be and additional tax. Comm. Bell moved to repeal the ordinance previously adopted and to re-advertise. Comm. Parker seconded.
Mrs. Renate Cannon said she supported repealing the ordinance.
Mrs. Annette Long said the communications tax is a source of revenue that would be paid by the people who use the services. Comm. Bell and Comm. Parker voted YES, Comm. Rooks, Comm. Yearty and Chairman Stevens voted NO and the MOTION FAILED.
RESOLUTIONS
Comm. Rooks explained contact has been received from several counties to support no reductions in the current United States tariff on imported citrus products. Comm. Rooks moved to adopt a resolution supporting Florida citrus growers, affiliated businesses and local government entities. Comm. Bell seconded and the MOTION CARRIED.
COMMISSIONERS
Chairman Stevens recommended discussing the continuation of night meetings.
Comm. Parker said night meetings should continue if it benefits one individual that may not be able to attend day meetings.
Chairman Stevens said the costs for night meetings should be considered.
Mr. Ron Grant said there is additional cost with the consideration of comp time for the county employees.
Mrs. Renate Cannon said senior citizens have difficulty driving at nights and information is not readily available from offices that are closed. Comm. Yearty moved to change the night meeting on the third Tuesday of the month back to a day meeting. Comm. Bell seconded. NO ACTION TAKEN, DID NOT HAVE FULL BOARD VOTE.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court