REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
December 16, 2003
The Regular Meeting of the Board of Levy County Commissioners was held on December 16, 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. and called for a moment of silence followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
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MINUTES
Comm. Bell moved to approve the minutes of the regular meeting of December 2, 2003 and the public hearing of December 2, 2003 with clarification on the zoning issue to clarify for one Saturday per month only for the Wells petition. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Benny Jerrels presented the Small Quantity Hazardous Waste Generator Agreement with Withlacoochee Regional Planning Council with no change in cost of services or conditions of the agreement. Comm. Yearty moved to approve the agreement with Withlacoochee Regional Planning Council. Comm. Parker seconded and the MOTION CARRIED.
MUNICIPALITIES
Comm. Yearty said the Town of Inglis has requested the waiving of tipping fees and the use of a dump truck, back hoe and two (2) employees for eight (8) days beginning the end of January to have a city-wide clean-up. Comm. Yearty moved to waive the tipping fees for eight (8) days and provide the means to transport the debris and junk. Comm. Rooks seconded.
Mr. Bennie Jerrels explained they will have the pick ups on specified days and designate the type of garbage to picked up on that day.
Comm. Rooks said the cost of providing this service needs to be reviewed.
Comm. Yearty explained the municipality has taken the initiative to organize a clean-up and it is a benefit to the county in having debris and junk disposed of properly with debris only be hauled approximately ½ mile from the city limits. Comm. Yearty said if it is organized for a specific day by any municipality it would benefit the entire county and assistance should be provided.
Comm. Bell said the concept was acceptable but the fees involved should be reviewed to provide this service for the municipalities within the county.
Chairman Stevens explained there has always been cooperation with the municipalities and a scheduled clean-up within a municipality is beneficial to everybody.
Comm. Rooks, Comm. Yearty and Chairman Stevens voted YES, Comm. Bell and Comm. Parker voted NO and the MOTION CARRIED.
COMMISSIONERS
Comm. Rooks recognized Comm. Bell for completing her certification for a County Commissioner.
APPOINTMENTS
Mr. Lannie Cardona said Mr. Jamie Griffin has resigned from the Tourist Development Board (TDC) and recommended Mrs. Beatrice Mongo, Mayor of Bronson as the replacement. Mr. Cardona said the position must be filled by an elected official. Comm. Bell moved to approve the appointment of Mrs. Beatrice Mongo to the Tourist Development Board. Comm. Rooks seconded and the MOTION CARRIED.
AGENCIES
Mr. Cardona said there is action to have a constitutional amendment on the ballot that will require every amendment to the Comprehensive Land Use Plan to be done by special election. Mr. Cardona said this will create an economic hardship for all small counties and reduce the State of Florida’ competitiveness in creating new jobs.
MISCELLANEOUS
Mrs. Liz Jenkins, President and CEO of the Real Rosewood Foundation, Inc. presented the program for the Peace-Healing Dedication scheduled on January 1, 2004 in Rosewood. Mrs. Jenkins reviewed the participants that have already committed to be in attendance for the dedication, including a representative from the Office of Governor Bush.
TAX ROLL
Mr. Fred Moody presented a Certificate of Correction of Non-Ad Valorem Assessment Roll requested by Mr. Todd R. Haycock, 9330 N. W. 60th Street, Chiefland, for the removal of the second dwelling unit as the hardship has ceased. Comm. Bell moved to approve the Certificate of Correction of Non-Ad Valorem Assessment. Comm. Parker seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Moody requested any personnel action for Mark Johnson at Emergency Management Services be tabled to have further discussion with Progress Energy.
ATTORNEY, COUNTY AND STATE
Mr. Moody recommends the job description and salary range for a staff attorney be advertised for five (5) weeks beginning the week of December 22nd, 2003 with a closing dead line of January 23, 2004 with interviews in February. Mr. Moody explained attorneys even full-time salaried have a contract.
Comm. Bell said there did not appear to be a need for a contract with a full time employee or additional benefits and a non-compete clause could be requested to prevent the private practice of law while a county employee.
Mr. Greg Beauchamp explained it is usual for full time attorney’s or county administrator’s to negotiate a contract providing terms of employment, salary, and retirement beyond the state retirement system.
Comm. Rooks noted that there is an established policy for any new function, service being considered will have a study completed to determine the financial impact to the budget. Comm. Rooks said the hiring of a full time county attorney with office staff impact the budget.
Mr. Beauchamp recommended reviewing the budget for his current allocation and doubling that allocation and there will still be a need to contract legal services for specialized issues and those costs will not be reduced.
Comm. Bell explained there was space available in the County Commissioner’s office for an attorney and staff person and there was a law library within the court house.
Mr. Beauchamp said the law library is used by court personnel and more research is done by computers and libraries can be purchased at government rates and would not recommend requiring the attendance at every meeting of the various boards within the county government. Comm. Bell moved to approve the job description with the change to remove the residency requirement and to proceed with advertising. Comm. Parker seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Mr. Dan Ward explained as financial planner for the Deferred Compensation program there have been changes in federal laws that allow for participants portability on their plans when they separate from service. Mr. Ward said GUST is an acronym devised to allow the total portability of the deferred compensation plans and also allows additional contributions if certain criteria are met. Mr. Ward said the plans do not change but allows additional flexibility to the employee. Mr. Ward said the Legends Group allows also for a loan from the deferred compensation in the case of a hardship and recommended adopting the 457b Deferred Compensation Plan from the Legends Group. Comm. Rooks moved to adopt the plan as recommended and explained by Mr. Ward. Comm. Yearty seconded. Comm. Rooks, Comm. Parker, Comm. Yearty and Chairman Stevens voted YES and Comm. Bell voted NO and the MOTION CARRIED.
Mr. Ward said there is a special pay plan that allows for additional savings to the employer and employee when an employee separates from service. Mr. Ward said there is a 6.5 percent savings for both and the funds do not have to be recognized as tazable on separation of service. Mr. Ward said the procedure for the process would remain the same with no additional impact on the Finance Department.
Comm. Bell requested meetings with employees to inform them of the changes prior to any action being taken.
Major Bobby McCallum explained the Sheriff’s Office had accepted the plan and there had been some confusion until the process was clarified to the employees and they were extremely satisfied to realize additional savings.
Mr. Ward said it is recommend to encourage employees 55 years and older to participate and it is a valuable program for the employer in savings and to the employee with no penalties in the program.
Comm. Rooks moved to table any action until January, 2004. Comm. Bell seconded and the MOTION CARRIED.
DEVELOPMENT DEPARTMENT
Mr. Rob Corbitt said Mrs. Eugenia Rowe requested to be removed from the agenda.
Mr. Robert Wells requested the conditions for the special exception granted for his mud bogging operation be amended from Saturday only to one weekend per month with some holidays.
Mr. Beauchamp explained a public hearing would have to be scheduled to allow notice for a special exception and a new petition would have to be filed. Mr. Beauchamp said the issue can not be discussed without a new petition being filed and notice published. Mr. Beauchamp said the entire process must be followed and the Board has the authority to waive the filing fee.
Comm. Yearty moved to waive the filing fee for the application for a special exception amendment based on the Mr. Wells having met all the established criteria previously. Comm. Rooks seconded and the MOTION CARRIED.
PLANNING, COUNTY
Mrs. Kathy Winburn said the Planning Department and Building and Zoning have reviewed the Comprehensive Land Use Plan and the Land Development Regulations and are recommending proceeding with the public hearings before the Planning Commission and allow the updating of the zoning chapter, zoning map atlas and establishing zoning districts for land use. Comm. Rooks moved to initiate the process through the Planning Commission for the amendments. Comm. Bell seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis.
All roads in Green Highlands Park, requiring 20 loads of rock and eight (8) hours of grading for an estimated cost of $6,536.00, beginning at US Alt. 27 and consisting of NE 132nd Ct., NE 54 St., NE 133rd Ave., NE 134 Ave., NE 50th Pl., NE 51st St., NE 51st Pl., NE 52nd St., NE 52nd Pl., NE 134 Terr. and not including NE 133rd Ct.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
NE 138th Terrace and NE 50th Place located in B & R Subdivision, requiring one (1) hour of grading for an estimated cost of $67.00, beginning NE 140th Ct. (LCR 159) and ending at NE 138th Terr. (LCR 1080).
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
BOAT RAMPS
Mr. Watson said the estimate to repair the boat ramp at Peaceful Acres is $910.00 for materials and Mrs. Patterson has notified him that the residents understand the public will be able to use the ramp.
Comm. Yearty said the boat ramp is part of the county road and drainage system and it currently is a hazard to the public safety. Comm. Yearty moved to approve the repair of the boat ramp. Comm. Rooks seconded and the MOTION CARRIED.
TRANSPORTATION
Mr. Major Stroupe presented a grant application with the Department of Transportation (DOT) that will require 20% match of funds and it would allow the purchase of two (2) wheel chair vans. Mr. Stroupe said the grant would be for a total of $107,000.00. Comm. Rooks moved to approve the grant application and resolution with matching funds being identified prior to acceptance of the grant if awarded. Comm. Parker seconded.
Mr. Stroupe explained the fleet of vans are for back up when maintenance is needed on the vans operating the routes and have extremely high mileage and the purchase of two (2) new vans will allow for a more dependable fleet.
Mr. Moody said inquiries are being made for the non-medical transport and working with the hiring of part-time personnel to control costs.
Comm. Bell requested a report on anticipated revenue and when Medicare/Medicaid billings will be resolved and the MOTION CARRIED.
SHIP
Mrs. Sandra Ashley presented the following Deferred Payment Loans Agreements:
Merry Steadman, Northwood Heights, Lot 10, Plat Book 5, page 4 for $9,500.00.
Comm. Bell moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
Connie Harper and her son, James C. Caldwell, 8031 NW 165th Street, Fanning Springs, Fannin Springs Annex, Block 9, Lot 7, for $9,500.00.
Comm. Parker moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Ashley presented for approval a Satisfaction of Mortgage for William Kevin Adkins and Kimberly Michelle Adkins. Comm. Parker moved to approve the Satisfaction of Mortgage. Comm. Rooks seconded and the MOTION CARRIED.
Mrs. Ashley presented for approval a Subordination Agreement for Keleena Kirkland. Comm. Rooks moved to approve the Subordination Agreement. Comm. Parker seconded and the MOTION CARRIED.
ROAD CLOSINGS
Mr. Beauchamp presented a resolution to consider the vacation of a portion of a public road as described:
A parcel of land in the SE 1/4 of the SW 1/4 of Section 4, Township 13 South, Range 19 East, Levy County, Florida being more particularly described as follows:
The South 219.00 feet of that right-of-way described in Official Records Book 223, page 557, Public Records of Levy County, Florida.
Said lands situate, lying and being in Levy County, Florida.
Comm. Rooks moved to approve the resolution to vacate the road. Comm. Bell seconded.
Mr. Art Maruna requested road designations and locations be provided for road closings and the MOTION CARRIED.
ORDINANCES
Mr. Beauchamp requested further action or discussion on the moratorium for the extraction and transportation of water be delayed to the next regular meeting.
COUNTY EMPLOYEES
Mr. Beauchamp said a policy for military leave for members of the Armed Forces during war time has been prepared.
Mr. Moody requested action be delayed as there is additional information to be obtained for unpaid leave of absence, insurance, and allowing the employee the option to retain their military salary in lieu of the county salary.
APPOINTMENTS
Comm. Parker moved to appoint Vaughn Lee to the Planning Commission for an additional term of four (4) years. Comm. Rooks seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Bell said the Water Plan needs to be reviewed and updated and would like to request the Southwest Water Management District and the Suwannee Water Management District to review and update the plan.
Comm. Rooks said workshops should be scheduled to discuss and review needed updates.
Chairman Stevens requested Mrs. Winburn to contact the water management districts and Withlacoochee Regional Planning Council and proceed with updating the Water Plan.
Comm. Bell provided information received from a workshop for the roles and responsibilities of County Commissioners. Comm. Bell said the chief job is making policy and not be involved in the day-to-day operations.
ORDINANCES
Comm. Bell presented a draft ordinance providing for the appointment of a County Coordinator and charges the coordinator for the date to day operations.
Mr. Beauchamp explained the Florida Statutes address the duties of a County Administrator and a County Coordinator is not the same position. Mr. Beauchamp said Section 3 of the proposed ordinance would authorize by a vote of three (3) to file suit against a commissioner who did not comply with the balance of the ordinance and would not recommend adopting an ordinance with this type wording. Mr. Beauchamp added Section 4 allows for the immediate termination of the County Coordinator if they do not respond on four (4) requests and this authority is already present.
Comm. Parker said Mr. Moody as County Coordinator is capable and he refers personnel issues to Mr. Moody.
Chairman Stevens said contact with the departments by any commissioner does not involve the commissioner in the day to day operations of the county and the County Coordinator works for the pleasure of the Board.
Comm. Bell said the proposed draft allows the county coordinator to perform daily operations and will remove the perception the public has that they can call a commissioner to get something done as it will require the inquiry be referred to the county coordinator.
Mr. Moody said the position of county coordinator or administrator does not change the position as he operates from the directives from the Board and works with the Board and Clerk in preparation of the budget.
Comm. Rooks said the draft ordinance would prevent a Commissioner from contacting a department head if they were called by an employee or a member of the public.
Comm. Bell recommended not pursuing the draft ordinance.
COMMISSIONERS
Comm. Bell presented an organizational chart and recommended discontinuing the use of a Commissioner with each department.
Comm. Rooks said the committee listings allow for the Commissioner appointed to be the liaison between the department and the Board and it provides the employees with a contact. Comm. Rooks said this does not prevent any commissioner from making contact with any of the departments.
Comm. Bell said a commissioner should not be over a department and it gives a false impression. Comm. Bell explained she did not want to be appointed over a department on the committee listing.
Mrs. Sandy Fink said it allows for a division of interest, and allows for the knowledge to be shared and educating the public to the use of the committee listing should be considered.
Comm. Parker said the committee listing does require a commissioner to spend more time with a specific department and be aware of their needs.
Mr. Art Maruna said it appears this gives staff guidance to contact a specific commissioner who can then notify all other commissioners and allow the commissioner to be a liaison between the staff and public. Comm. Bell moved to approve the organizational chart and to include A county attorney in the positions and not amend the recommended name changes with departments remaining Building and Zoning and Animal Services. Comm. Parker seconded. Comm. Bell said she was requesting not to be assigned a department and the MOTION CARRIED.
Chairman Stevens explained it was the procedure that if a commissioner is contacted the matter would be referred to Mr. Moody and the commissioner would be the liaison.
APPOINTMENTS
Comm. Yearty moved to appoint Richard Hawthorn to the Construction Board for another two (2) year term. Comm. Bell seconded and the MOTION CARRIED.
Comm. Yearty moved to appoint Thadus Barber, Jr. to the Board of Adjustment for another three (3) year term. Comm. Bell seconded and the MOTION CARRIED.
LANDFILLS
Chairman Stevens said it had been requested to consider on a voter referendum the increase of the non ad valorem assessment on landfill and not have a charge for using the landfill.
Mr. Art Maruna spoke in opposition of this action citing he does not personally go to the landfill and has garbage service and this appears to allow a few people to use the landfill while the majority would pay for the use.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Danny Stevens, Board Chairman
ATTEST:
Danny J. Shipp, Clerk of Court