REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
November 18, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on November 18, 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. Rooks 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 November 4, 2003 and the special meeting held November 1, 2003. Comm. Parker seconded and the MOTION CARRIED.
APPOINTMENTS
Comm. Rooks explained the appointment made at the last meeting to the Dixie, Gilchrist, Levy Tourist Development Board needed to be amended. Comm. Rooks moved to appoint Diane Steiden to replace Helen Ciallella on the Dixie, Gilchrist, Levy Tourist Development Board. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Fred Moody said clarification is needed on the instructions to Nabors, Giblin & Nickerson, P.A. for the rewriting of our ordinances to a master ordinance pertaining to Non-Ad Valorem Assessments that will allow the assessments to be amended by resolution and if they are to provide the methodology for determining the assessments.
Comm. Yearty said it was the intent to have Ms. Heather Encinosa of Nabors, Giblin & Nickerson, P.A. to prepare the master ordinance and to provide the methodology for establishing the need for the assessment and be legally defensible.
COUNTY EMPLOYEES
Mr. Moody explained the current policy for military leave allows for an employee who is a reserve member of the Armed Forces or National Guard a paid leave of absence for a maximum of thirty (30) days. Mr. Moody said an employee, Mr. Jim Jones, has exhausted the thirty (30) days and has been recalled for additional training. Mr. Moody said when the policy was established there was not an armed conflict and any extensions to the time for paid leave in those circumstances were not considered.
Comm. Rooks said the military leave policy was established for the two (2) weeks training in the reserves and additional training and this appears to be a different category of leave.
Mr. Greg Beauchamp said the thirty (30) day leave policy is common in union contracts and if a decision to change or extend the time period for all employees would be acceptable to the union as those contracts were written for routine reserve training and not for a time of war. Mr. Beauchamp explained the policy could remain the same or be extended.
Mr. Moody said the Veteran’s Service Officer, Mr. George Hermansen advised the employee’s position must be held for five (5) years in accordance with federal statutes.
Comm. Yearty moved to instruct Mr. Beauchamp and Mr. Hermansen to review the policy for considering an extension and currently continue Mr. Jones payroll status. Comm. Parker seconded and the MOTION CARRIED.
Mr. Al Maruna recommended instituting a policy continuing the full pay to an employee and have their military pay turned over to the county which would reduce the economic impact if there were several people in that category.
Mr. Moody said this would be a policy similar to employees summoned to jury duty.
PERMITS
Mr. Rob Corbitt said an application for a Special Events Permit has been requested for the Black Prong Holiday CDE beginning December 5th through December 7th, 2003. Mr. Corbitt said all first responder departments were notified of the application through inter-department correspondence relating to the carriage driving event. Comm. Bell moved to approve the Special Events Permit. Comm. Yearty seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Mr. Billy Carrecia presented the inter-local agreement with the Town of Otter Creek for providing ambulance and emergency medical services for approval. Comm. Rooks moved to approve the inter-local agreement. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Carrecia said the EMS State Inspection was completed and the inspector only noted two (2) minor deficiencies in personnel files. Mr. Carrecia said the deficiencies have been corrected and the State Inspector approved the progress and improvements to service that are in place.
CONTRACTS AND AGREEMENTS
Mr. Rick Lombardo presented the agreement with South Levy Volunteer Fire Department for approval. Comm. Bell moved to approve the agreement with South Levy Volunteer Fire Department. Comm. Yearty seconded and the MOTION CARRIED.
FIRE DISTRICTS
Mr. Lombardo explained Rainbow Lakes Volunteer Fire Department has been receiving the fire assessment allocations and the Finance Department is requesting a more detailed quarterly report as is required on other county reports
Comm. Rooks advised the contract requires the detailed quarterly report and requested Mr. Lombardo inform them to comply with the contract.
COUNTY FIRE DIRECTOR
Mr. Lombardo explained the Fire Advisory Board has discussed the new laws and have requested clarification on the definition of who the employer will be for the volunteer fire departments and the date for compliance is approaching.
Chairman Stevens requested an update on the findings at the next regular meeting.
ROADS, COUNTY
Mr. Justin Watson said the Review Committee for Road Policy is recommending the following roads to be placed on the road paving list:
LCR 113 (NE 160th Avenue) beginning a C335 and ending at SR 343 at Wakonda Estates.
Comm. Rooks moved to approve the addition of that portion of LCR 113 to the paving list as per the committee’s recommendation. Comm. Parker seconded.
Chairman Stevens explained these roads will be placed at the end of the list. Comm. Parker said this is a Five (5) Year plan.
Mr. Steven Milsano said the road may need speed bumps if it is paved as there is already a problem with vehicles traveling at high speeds.
Mr. Russell Lowell said the trees on the easement are creating a safety hazard.
Comm. Yearty said the safety issue should be addressed and the trees need to be cleared and the MOTION CARRIED.
LCR 566 (SE 111th Place within the city limits of Williston)
Mr. Watson explained the City of Williston has advised if the county will pave the road the City of Williston will purchase the asphalt and is willing to take the road into their maintenance system.
Chairman Stevens said there has been discussion that the City of Williston would take responsibility for the roads within their city limits if the county would assist in paving the roads.
Mr. Brooks Holloway explained currently a legal vote can not be obtained from the City Council but the consensus is to have an agreement to proceed with paving the roads and the city accepting them into their maintenance system.
Comm. Rooks moved to approve the request for the paving of LCR 566 (SE 111th Place) contingent on formal action by the Williston City Council. Comm. Parker seconded and the MOTION CARRIED.
LCR 201 known as NW 110th Street beginning at C321 and ending at C345 for a distance of two (2) miles.
Comm. Bell moved to put NW 110th Street on the paving list upon receipt of all right of ways. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Watson presented the following requests for maintenance on a one (1) time basis:
NE 108th Court located in University Oaks, requiring 1 ½ hours of grading for an estimated cost of $100.50, beginning at NE 109th Place to the end of the road.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 115th Avenue located in Oak Ridge Estates for mowing, at an estimated cost of $201.00, beginning at SR 27 and ending at NE 69th Lane.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Rooks seconded and the MOTION CARRIED.
NE 45th Street, NE 46th Street, NE 158th Avenue and a portion of NE 155th Terrace located in Williston Highlands, Unit 11, requiring three (3) hours of grading for an estimated cost of $201.00.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
TAX ROLL
Ms. Heather Alexander said the following Certificate of Corrections of Non-Ad Valorem Assessment Roll were presented and approved last year. Ms. Alexander explained the assessment was not permanently removed and they are again being presented.
Nancy M. Fairweather, Parcel #09512-001-00
Barbara Crawford, Parcel #09555-005-00
Steven Bloom, Parcel #09592-006-00
Ms. Alexander said these roads are accessed from SR 121 and should not be assessed in the Municipal Service Taxing Unit (MSTU). Comm. Yearty moved to approved the Certificate of Correction of Non-Ad Valorem Assessment Roll as presented. Comm. Rooks seconded and the MOTION CARRIED.
LIBRARY
Mr. Tom Reitz reported on the Annual Report of 2002-2003 Youth Services Project and the contact with children and their families. Mr. Reitz explained the results of the 2002-2003 Annual Plan of Service and the goals that were reached and goals that need to continue to be pursued. Mr. Reitz said the Mission Statement had been revised to be brief and concise, reciprocal borrowing agreements had been obtained from all contiguous counties and there have been 2200 borrowers added into the system.
Mr. Reitz said the Library Advisory Board has discussed a county wide “Friends of the Library” and the proposed 2003-2004 Annual Plan of Service has goals to expand programs for children and adults, improve library facilities and bring the libraries more to the public notice. Comm. Bell moved to approve the 2003-2004 Annual Plan of Service. Comm. Bell seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn said the Andrews Family has requested the special meeting not be scheduled on their request for the County to initiate Comprehensive Plan Amendments. Comm. Yearty moved to remove the scheduled hearing from the agenda and allow the Andrews family to provide their change of plans. Comm. Bell seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Ms. Alexander presented the inter-local agreement with the Town of Otter Creek for providing a landfill and a means of collection and disposal of garbage. Comm. Rooks moved to approve the agreement. Comm. Yearty seconded and the MOTION CARRIED.
APPOINTMENTS
Ms. Alexander said the Withlacoochee Regional Planning Council has requested the appointment of the following to the Levy County Transportation Disadvantaged Coordinating Board.
Mr. Lindon, Lindsey, voting member, Handicapped Citizen
Comm. Rooks moved to approve the appointment of Mr. Lindon Lindsey. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Barbara Cook, voting member, Florida Department of Elder Affairs.
Comm. Bell moved to approve the appointment of Ms. Barbara Cook. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Kay Stephens, alternate member, Florida Department of Elder Affairs.
Comm. Bell moved to approve the appointment of Ms. Barbara Cook. Comm. Yearty seconded and the MOTION CARRIED.
ATTORNEY, COUNTY OR STATE
Mr. Greg Beauchamp said he has discussed the proposed inter-local agreement for the improvements at Cedar Key on Dock Street with Mr. David Coffey and they will be preparing a draft for review.
Mr. Beauchamp said the proposed moratorium on water special use permits presented at the last meeting was for review and with the approval of a moratorium for thirty (30) days on special use permits for water withdrawal within the county the basis for the action is being prepared.
Chairman Stevens said the issue is to be placed on the agenda for December 2, 2003.
SCHOOLS
Mr. Danny Shipp presented an agreement with the Levy County School Board for the collection and disbursement of the $3.00 assessment from each traffic ticket for the “Dori Slosberg Driver Education Safety Act” for approval. Comm. Yearty moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
MUNICIPALITIES
Mr. Shipp presented the inter-local agreement with the Town of Bronson for the contribution of $100,000.00 for the construction of a larger and improved sewer project that was approved in April, 2003. Mr. Shipp said the agreement allows for the contribution to be credited to the county on a monthly basis for one-half of the sewer service fees until such time as full reimbursement is received. Comm. Yearty moved to approve the agreement. Comm. Bell seconded and the MOTION CARRIED.
GRANTS
Mr. Shipp presented the Grant-In-Aid agreement for Child Dependency in the amount of $16,743.91. Mr. Shipp said this grant is awarded annually through the Eighth Judicial Circuit. Comm. Bell moved to approve the grant agreement. Comm. Yearty seconded and the MOTION CARRIED.
SHIP
Mrs. Sandra Ashley presented a Satisfaction of Mortgage for Dana L. Stemple that satisfies a SHIP loan. Comm. Bell moved to approve the Satisfaction of Mortgage. Comm. Yearty seconded and the MOTION CARRIED.
Mrs. Ashley presented a Subordination Agreement for Nilo and Dinia Francisco. Mrs. Ashley said the agreement meets the established policy. Comm. Bell moved to approve the Subordination Agreement. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Bell said workshops were needed to review the Policy and Procedures draft.
Mr. Moody explained with the agenda for the next regular meeting and posting deadlines the workshops will need to be scheduled in December.
LEGISLATIVE
Comm. Rooks read into the record correspondence from Johnnie Byrd, Speaker of the Florida House of Representatives and their support to seek ways to support economic development for the rural areas.
COMMISSIONERS
Comm. Rooks advised there will be a public hearing on Thursday, November 20, 2003 concerning the transfer of water and the Council of 100 recommendations.
ATTORNEY, COUNTY AND STATE
Chairman Stevens advised Mr. Greg Beauchamp has submitted his letter of resignation as county attorney requesting an effective date of January 1, 2004. Chairman Stevens requested Comm. Yearty, Mr. Moody and Mr. Beauchamp to review applicants from local attorneys to obtain a smooth transition.
Mr. Moody said a Request for Proposal (RFP’s) would be drafted and presented at the next regular meeting.
Mr. Beauchamp said he was requesting a January 1, 2004 termination date and would cooperate in working with the selected replacement for issues pending in litigation.
Chairman Stevens read Mr. Beauchamp’s letter of resignation for the record.
Comm. Yearty moved to discuss a non-agenda item. Comm. Parker seconded and the MOTION CARRIED UNANIMOUSLY.
Comm. Yearty moved to accept the resignation of Mr. Beauchamp. Comm. Bell seconded and the MOTION CARRIED UNANIMOUSLY.
Mrs. Sandy Fink expressed her appreciation for the service Mr. Beauchamp has provided to the county.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court