REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 21, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on October 21, 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. Bell moved to approve the following expenditures presented for payment. Comm. Yearty seconded and the MOTION CARRIED.
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MINUTES
Comm. Rooks moved to approve the minutes of the regular meeting of October 7, 2003 and the special meeting of October 8, 2003. Comm. Bell seconded and the MOTION CARRIED.
ZONING
Mr. Jeff Braswell explained he had not realized the time of the regular meeting on October 7, 2003 at 9:00 a.m. and had scheduled to attend an evening meeting. Mr. Braswell said his client’s, Mr. and Mrs. Eberly were unable to attend due to a medical emergency with their son. Mr. Braswell explained they had filed a motion for continuance and had been advised by Mr. Corbitt that someone should be in attendance to the regular meeting and that had been his intent. Mr. Braswell said a request was being made to reconsider the action of October 7, 2003 denying the special exception and request to continue and allow the continuance to reconsider the Eberly’s petition for a special exception and for it to be heard in December or January.
Mr. Dean Eberly explained he had retained legal counsel and the request for an extension was to obtain additional information to respond to the concerns expressed by opponents to the special exception and he had expected a written notice on the public hearing.
Mr. Beauchamp explained the applicable procedures were followed and it is a decision for the Board if they wish to decline the request or grant the extension. Comm. Yearty moved to deny the request to allow a continuance of the petition for a special exception. Comm. Bell seconded.
Comm. Rooks said the letter received from Mr. Braswell by the Building and Zoning Department did not appear to indicate that he would be attending the meeting and there is a responsibility to all who attended the meeting for the public hearing on the special exception and the MOTION CARRIED.
MISCELLANEOUS
Mr. C. W. Gilbert commented on the hiring freeze that had been instituted and the employees hired during that time period and Mr. Ron Grant’s inquiries at past meetings into the hiring of employees by Mr. Danny Shipp, a constitutional officer.
Mr. Ron Grant said his inquiries of hirings by Mr. Shipp were made during regular meetings and he has been a volunteer for the Sheriff’s Office, Local Emergency Planning Council and for other agencies within the county responding to Mr. Gilbert’s comments.
AGENCIES
Comm. Rooks said it has been recommended to appoint Ms. Helen Ciallella to the Dixie, Gilchrist, Levy Tourist Development Board to replace Ms. Diane Steiden. Comm. Rooks moved to appoint Ms. Ciallella. Comm. Bell seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Ivan Chubb extended an invitation to celebrate Veteran’s Day at the pavilion in Williston on November 11, 2003 at 6:30 p.m..
MUNICIPALITIES
Mr. Greg Beauchamp explained the Town of Inglis had requested assistance from the Road Department to maintain specific lime rock roads within the municipality. Comm.Yearty said action had been approved and the interlocal agreement need revisions. Comm. Yearty moved to table any action on executing the interlocal agreement until it has been amended. Comm. Rooks seconded and the MOTION CARRIED.
RESOLUTIONS
Ms. Heather Alexander presented a resolution declaring November, 2003 as National Epilepsy Awareness Month. Comm. Bell moved to adopt the resolution. Comm. Yearty seconded and the MOTION CARRIED.
LANDFILLS
Mr. Benny Jerrels requested authorization to construct a transfer station at the landfill. Comm. Yearty said tentative approval had been given to the project and it has been budgeted for this fiscal year. Comm. Yearty moved to begin construction of the transfer station. Comm. Rooks seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Jerrels requested authorization to request the appointment of Felippe McElroy as Assistant Director of the Landfill. Comm. Yearty explained Mr. Jerrels had been appointed as Department Head and Mr. McElroy has been performing the duties of Assistant Director and this would be a title change only. Comm. Yearty moved to approve the appointment of Mr. Felippe McElroy as Assistant Director of the Landfill. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Jerrels presented the interlocal agreements with the Town of Inglis and the Town of Yankeetown for the provision of a landfill and a means of collection and disposal of garbage. Comm. Yearty moved to approve the interlocal agreements. Comm. Parker seconded and the MOTION CARRIED.
RECYCLING
Mr. Jerrels said the Town of Otter Creek has submitted a request to return the recycling trailer to the site on county property adjacent to the Levy Association of Retarded Citizens (LARC) center. Mr. Jerrels said Mrs. Betty Walker, Executive Director of LARC has requested the recycling trailer be placed at another site.
Mr. Moody said Mrs. Walker is concerned that clients may be endangered with the recycling trailer adjacent to the thrift shop.
Comm. Rooks said the citizens of Otter Creek have requested the recycling trailer be returned and this is a convenient site.
Comm. Yearty said the citizens take pride in keeping the area clean and there is no other public property that would be convenient. Comm. Yearty moved to allow the recycling trailer be placed on the 100' x 100' lot and to work with Mrs. Walker for a solution to her concerns for the clients at LARC. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Rob Corbitt presented the interlocal agreement with the Town of Inglis to perform building code enforcement services within their jurisdictional limits. Comm. Yearty moved to approve the agreement. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Mrs. Paula Kennedy presented a federally funded subgrant agreement with the State of Florida, Department of Community Affairs (DCA) in the amount of $18,720.00 for the Citizen Corp/Community Emergency Response Team (CERT). Comm. Rooks moved to approve the grant agreement. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mrs. Kennedy presented the following quotes for the Shelter Retrofit for the area schools to be used as shelters during an emergency.
Phoenix Architectural Products, Inc. $115,879.00
Exeter Architectural Products $206,792.19
Mrs. Kennedy explained any unused funds can be used to purchase back up generators and the terms of the grant allow the acceptance of quotes from companies who meet the Miami-Dade standards, as these two (2) companies do, instead of the bid process. Mrs. Kennedy recommended accepting the low quote from Phoenix Architectural Products, Inc. and use the remaining funds to purchase generators. Comm. Yearty moved to accept the low quote from Phoenix Architectural Products, Inc. and to use remaining funds to purchase generators. Comm. Parker seconded and the MOTION CARRIED.
Mrs. Kennedy presented her letter of resignation as Emergency Management Services Director. Mrs. Kennedy said her last day in the office will be October 31, 2003 and her last day of employment would be November 7, 2003. Mrs. Kennedy requested that her unused annual leave and sick leave be paid up to the allowable amount. Comm. Rooks moved to accept Mrs. Kennedy’s resignation and to reimburse for allowable annual and sick leave. Comm. Bell seconded. Comm. Parker commended Mrs. Kennedy on her performance as Director of Emergency Management Services and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Billy Carrecia presented the interlocal agreement with the Town of Inglis to provide ambulance and emergency medical services. Comm. Yearty moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
FIRE DISTRICTS
Mr. Rick Lombardo presented the agreements for fire protection with the City of Williston and Rosewood Volunteer Fire Department. Comm. Parker moved to approve the agreements. Comm. Rooks seconded and the MOTION CARRIED.
LIBRARY
Mr. Tom Reitz presented interlocal agreements with the City of Williston and the City of Cedar Key. Mr. Reitz said the agreements were prepared to include an automatic renewal with an annual escape clause requiring sixty (60) days notice for termination on September 30th.
Comm. Yearty expressed concern on an annual renewal clause and not reviewing the contracts annually to address any changes that may be needed.
Mr. Beauchamp said the contracts can be revised if a change is needed with the sixty (60) day notice.
Comm. Yearty moved to approve the agreements with Williston and Cedar Key. Comm. Bell seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 92nd Place located in University Estates, requiring two (2) loads of rock and one (1) hour of grading for an estimated cost of $667.00, beginning at NE 100th Avenue and ending at NE 105th Avenue.
NE 80th Street located in University Estates, requiring one (1) load of rock and two (2) hours of grading for an estimated cost of $434.00, beginning at NE 20th Avenue and ending at NE 125th Avenue.
Comm. Parker moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 45th Street located in Florian Heights, requiring one (1) hour of grading for an estimated cost of $67.00, beginning at NE 40th Avenue and ending at NE 45th Street.
Comm. Parker moved to approve the maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
SE 68th Lane located in Ocala Highlands West, requiring two (2) loads of rock and three (3) hours of grading for an estimated cost of $801.00, beginning at SE 220th Avenue and ending at SE 212th Avenue.
Comm. Yearty moved to approve the maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
TAX COLLECTOR
Chairman Stevens explained, Mrs. Linda Fugate, Tax Collector has requested authorization to retain end of the year funds until the first tax distribution. Comm. Yearty said the Tax Collector’s office operates on fees and this allows the office to operate until the first distribution. Comm. Yearty moved to authorize the Tax Collector’s office to retain end of year funds until the first tax distribution. Comm. Bell seconded and the MOTION CARRIED.
SHIP
Mr. Danny Shipp presented a Deferred Payment Loan Agreement as follows:
Teresa I. Stephenson to purchase a home located at Lot 9, Sunshine Estates, according to the plat thereof recorded in Plat Book 7, page 6, Public Records of Levy County, for $10,000.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Shipp presented two (2) Satisfaction of Mortgages for Andrew J. Trent and Zarada R. Trent and Woodrow F. Farnham and Gladys M. Farnham. Mr. Shipp said they have paid off their mortgages. Comm. Bell moved to approve the Satisfaction of Mortgages. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Shipp presented a Subordination Agreement with Donna Jackson. Mr. Shipp said the request has been reviewed and meets the guidelines for requesting a Subordination Agreement. Mr. Shipp explained Ms. Jackson is refinancing her home. Comm. Yearty moved to approve the Subordination Agreement. Comm. Parker seconded and the MOTION CARRIED.
ATTORNEYS, COUNTY AND STATE
Mr. Beauchamp presented a request to approve the following for the Conflict Attorney’s List:
Allan H. Kaye
Michelle A. Smith
Comm. Rooks moved to approve Allan H. Kaye and Michelle A. Smith to the Conflict Attorney’s List. Comm. Parker seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Beauchamp presented an interlocal agreement with the Town of Yankeetown for providing Animal Control when their Animal Control Officer is not available. Comm. Parker moved to approve the agreement. Comm. Yearty seconded.
Comm. Rooks said there was a concern of determining when Mr. Ron Shilts would be an employee of the county or of Yankeetown.
Mr. Shilts said he is an employee for the county 7:30 a.m. to 4:00 p.m., Monday to Friday and is only responding to calls in Yankeetown after those hours. Mr. Shilts he is not required on week ends by Yankeetown and any on-call Animal Control Officer would respond to an emergency request.
Mr. Beauchamp said this would be a mutual aid agreement.
Comm. Rooks said clarification is needed on the responsibility of any citations issued for court costs and would the county be assuming the liability from the municipalities.
Comm. Parker withdrew the action to approve the agreement. Comm. Yearty with drew the second and requested additional review of the agreements for providing mutual aid on Animal Control AND NO ACTION WAS TAKEN.
MISCELLANEOUS
Mrs. Renate Cannon commented on the action concerning the request by Mr. Eberly for a continuance.
Mrs. Mary Golding extended an invitation to attend the 13th Annual NAACP banquet on October 25th at the Williston Middle School gymnasium with the Honorable Nancy Argenziano as guest speaker.
AGENCIES
Comm. Rooks said the Tourist Development Council is requesting authorization to contract with Nature Coast Development Council to provide administrative services. Comm. Rooks said the contract amount would be $10,000.00 and the funds would be obtained from the Tourist Development tax funds. Comm. Rooks moved to approve the request. Comm. Yearty seconded and the MOTION CARRIED.
FIRE DISTRICTS
Comm. Rooks said she had met with the Rosewood Volunteer Fire Department and they have been responding to call-outs from dispatch. Comm. Rooks said they were not aware that reports for distribution of funds were not being properly submitted and this has been corrected and the reports filed. Comm. Rooks said they would have a representative attending the Fire Advisory Board meetings.
ZONING
Mr. Beauchamp said there is a zoning petition that will require a night hearing and recommended the night of November 18, 2003.
Chairman Stevens said the meeting would be scheduled on Tuesday, December 2, 2003 at 6:30 p.m. after discussion of conflicting schedules.
COMMISSIONERS
Chairman Stevens said he is arranging to attend the city council meetings for all the municipalities to obtain their support to join with the Withlacoochee Regional Planning Council to oppose the transfer of water and the Council of 100.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court