REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
March 2, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on March 2, 2004 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Lilly Rooks
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
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 Waston followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Bell moved to approve the following expenditures presented for payment. Comm. Stevens seconded and the MOTION CARRIED.
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MINUTES
Comm. Yearty moved to approve the minutes of the special meeting of February 13, 2004 and of the regular meeting of February 17, 2004. Comm. Stevens seconded and the MOTION CARRIED.
LANDFILL
Mr. Lee Mills and Mr. Benny Jerrels presented request to commence construction of a transfer station at the landfill. Mr. Mills stated when the transfer facility was constructed the county was operating a class one landfill and it was for recycling purposes with a capacity of twenty (20) to thirty (30) tons a day. Mr. Mills explained the ways to manage waste have changed significantly and therefore it has been necessary to convert the recycling facility into a transfer facility. Mr. Mills said several years ago it was recognized this is not cost effective. Mr. Mills explained the landfill is currently managing one hundred (100) tons a day, and has far exceeded the capacity of the equipment therefore reaching the need for modification or building to provide the service to the county. Mr. Mills said about two to three years ago the Board advised us to look into some options and the option chosen to be the best and most cost effective is a facility similar to Alachua county’s station. Mr. Mills said Levy county has obtained some plans from Alachua county and has basically made some conceptual plans for Levy county based on a scaled down version with changes to suit our needs. Mr. Mills stated the Alachua county facility construction cost was $5.1 million dollars. Mr. Mills explained after scaling this down the estimated facility to suit Levy county would be approximately $3 million dollars. Mr. Mills said the Alachua county facility is a building 200 feet by 140 feet and proposes a building for Levy county 100 feet by 180 feet. Mr. Mills said the landfill needs to proceed or look for other options at this time.
Mr. Jerrels said as Mr. Mills has explained this is the point we are at and we need to move on with the transfer station.
Comm. Yearty said there is a knuckle boom loader which actually loads the garbage and what they are doing now is operating a transfer station out of a building that was designed for recycling. Comm. Yearty said the equipment that is loading is really not adequate and not designed for that and a lot of it Mr. Jerrels has remodeled to make operational. Comm. Yearty suggested the Board appoint a committee and do some individual studying in order to move forward. Comm. Yearty said we have approximately $4 million dollars in our landfill budget that can be used for operation. Comm. Yearty stated there are some safety issues Mr. Jerrels is concerned about with the equipment we are loading with which could injure the operator.
Comm. Bell said she would like to have a couple months to study it and visit the Alachua county facility.
Comm. Bell said we have a serious budget period this year, we could study it and maybe put it into the next fiscal year.
Comm. Stevens said for the last couple of years we have discussed this in the budget process. Comm. Stevens added we have the money to do this and now is the time to move forward.
Comm. Yearty agreed with Comm. Bell everyone needs to study the issue but disagreed on waiting for the new budget year. Comm. Yearty said it is collected under special assessment and cannot be used to help balance the budget. Comm. Yearty suggested placing the item on the agenda for the last meeting in April.
Comm. Parker stated since he has been on the Board a little over three years Mr. Jerrels has done a lot of research, has kept ahead of where we need to be and there is information available.
Chairwoman Rooks stated the consensus of the Board would table the issue until the last meeting in April.
SOLID WASTE
Mr. Jerrels said a scrap metal site at the landfill is currently loading with a bobcat loader which is unsafe. Mr. Jerrels stated as Comm. Yearty said we are picking up scrap metal and other things which are a safety
hazard. Mr. Jerrels said he has looked into buying a used Prentice knuckle boom loader which other scrap yards use to load their scrap metal. Mr. Jerrels said a good used piece of equipment will suit us just as well as a brand new one. Mr. Jerrels said he has gotten some quotes which are: a 1995 model Prentice at
$35,000, a newer 1998 John Deere model at $89,000 and a 1998 John Deere at $110,000. Mr. Jerrels said the 1995 Prentice at $35,000 will be a good piece of equipment for us.
Comm. Yearty stated this is not a common piece of equipment like a tractor.
Comm. Bell questioned the cost requiring bid policy.
Atty. Beauchamp explained the Board has the option to go away from the bid policy on the basis it is justified such as significant savings for the county or an emergency.
Mr. Jerrels explained the cost of new one is around $300,000.
Chairwoman Rooks said Mr. Jerrels has mentioned safety issues which are a concern.
Comm. Yearty moved to allow the purchase of the Prentice loader at $35,000 due to the savings for the county and the safety factors. Comm. Stevens seconded.
Comm. Bell stated the difference in cost and possible repairs are a concern.
Mr. Jerrels said he had operated the Prentice loader and did not anticipate repairs.
Comm. Yearty, Comm. Parker, Comm. Stevens and Chairwoman Rooks voted YES, Comm. Bell voted NO and the MOTION CARRIED.
VETERAN’S OFFICE
Mr. George Hermansen In support of Toys for Tots presented a certificate of Commander’s Award for the work of Levy County to the Board. Mr. Hermansen presented the Veteran’s Office annual report: Between 1/8/03 - 2/8/04 services were provided to 1,348 veterans, obtained $164,000 in monthly awards, $550,000 in back pay and retroactive awards (two of which were over $125,000 each), applied for 601 sets of records, 47 sets of medals and awards, assisted 263 widows, enrolled 191 in the VA health system, obtained 88 home loan eligibility certificates, assisted 17 for educational benefits, enrolled 3 into the VA nursing home system and interned 44 at the Bushnell Veteran’s cemetery. Mr. Hermansen said Ms. Chris Hartter had been accredited and both of them have completed educational requirements. Mr. Hermansen said Ms. Missy Weeks has been assisting the office through a state program but requested consideration another employee would be needed in the future. Mr. Hermansen said the service officer handled 824 cases in 2002, an increase over 60%. Mr. Hermansen said the office performed two weddings for veterans. Mr. Hermansen said he is very proud Levy County cares about our veterans and is dedicated to all veteran’s causes. Mr. Hermansen continued reporting he spoke at 12 civil organizations, provided over 20 outreach programs and provided Memorial Day, Veteran’s Day and POW-MIA services. Mr. Hermansen explained the figures are very low and do not include 26-28% who live in Levy County but have other mailing addresses. Mr. Hermansen stated $5.9 million dollars is received in Levy County as veteran’s retirement pay. Mr. Hermansen distributed and read Florida Statute 292.15 (Veteran’s Affairs, Taxation and appropriation). Mrs. Toni Collins said a ninety year old man receiving services really described Mr. Hermansen well with “he’s a prince of a man”, thank you George for all you do.
TOURIST DEVELOPMENT BOARD
Mr. Lannie Cardona said in review, at the 12/2/03 meeting the Board approved Levy County’s Strategic Tourism Plan for 2003/2004 of which grants for tourism development were addressed. Mr. Cardona said the 2/19/04 Tourist Development Council (TDC) meeting recommended two grants to come before Board, one for Chiefland and one for Cedar Key. Mr. Cardona said the BOCC had approved a $5,000 grant from the general fund for the stage in Fanning Springs. Mr. Cardona said that was appropriate use of tourism money and the TDC elected to pay that, therefore it will not come out of the general revenue fund. Mr. Cardona said both submitted grants were reviewed by the TDC for $5,000 each, Cedar Key to develop a nature based festival and Chiefland to publicize in a new tourism brochure and work on their website. Mr. Cardona said both of these are already in the plan and requested Board approval to move forward.
Comm. Bell moved to approve the requests for each $5,000 grant for Cedar Key and Chiefland. Mr. Parker seconded and the MOTION CARRIED.
Comm. Bell said we applaud your efforts in saving general revenue funds.
MISCELLANEOUS
Chairwoman Rooks read letter of resignation by Mrs. Susan Haines from the Planning Commission effective 3/1/04. Chairwoman Rooks presented Mrs. Haines with a plaque for her ten years of service on the planning commission.
PUBLIC COMMENTS
Mrs. Toni Collins requested the Board to ask persons coming into the meeting room to turn off their cell phones with the exception of those for emergency purposes, stating it is very annoying.
CORRESPONDENCE
Mrs. Jacqueline Martin said there are two tabled items requesting appointments to the Board of Directors for Meridian Behavioral Healthcare and the North Central Florida Health Planning Council. Mrs. Martin said additional information on the meeting times and dates has been provided. Mrs. Martin responded to Chairwoman Rooks there has not been any response from interested citizens. Mr. Fred Moody said Marie Wells had served on one of the boards previously. Chairwoman Rooks requested contact to be made with Ms. Wells.
Mrs. Martin presented the proposed resolution “Request To The Suwannee River Water Management District To Reduce Permit Fees” and explained it is an annual resolution. Comm. Bell moved to accept the resolution from the Suwannee River Water Management District. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY COORDINATOR
Mr. Fred Moody presented a letter of resignation from Major Stroupe, Transportation Disadvantaged Director, ending March 19, 2004. Comm. Bell moved to accept Major Stroupe’s resignation. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Moody requested approval to advertise for a General Manager position for the Transportation Disadvantaged. Mr. Moody explained there is an interested applicant from Jacksonville and suggested a committee to be formed for review of this position. Chairwoman Rooks appointed Comm. Parker, Mr. Moody and a member from the Clerk’s office for the committee.
Mr. Moody recommended appointment of Mark Johnson as Emergency Management Director. Mr. Moody said Mr. Johnson has served as interim director for nine to ten months. Mr. Moody said salary surveys of other emergency directors in the area average $41,350 and that was his recommendation for Mr. Johnson’s salary.
Comm. Bell stated the money is budgeted for this salary and moved to accept Mr. Moody’s recommendation for appointment of Mark Johnson as Emergency Management Director with annual salary of $41,350. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Moody requested to waive the probation period for Mr. Johnson in this position.
Comm. Bell amended motion to include waiving of probation period. Comm. Yearty seconded motion including amendment and the MOTION CARRIED.
Mr. Moody requested approval to advertise for replacement of Mr. Johnson’s previous Radiological Emergency Planning (REP) Coordinator position completely funded by Progress Energy. Mr. Moody said he met with Progress Energy representatives and was informed the average salary for this position is $44,460 and he is recommending annual salary of $36,000. Comm. Bell moved to accept recommendation for the Radiological Emergency Planning Coordinator position salary of $36,000. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Moody advised of Mr. Jim Jones’ military leave. Mr. Moody said Mr. Jones left Monday, March 1st and his military orders are for the period of twenty-four months.
Mr. Moody advised of update on legal office manager position. Mr. Moody said Mrs. Susan Haines has been employed by the Board for this position and will be preparing for the transition from Attorney Beauchamp to the new county attorney. Mr. Moody further informed the Board had interviewed eight applicants for the county attorney position on February 27, 2004 and has selected Anne Bast from Charlotte County. Mr. Moody said negotiations with Mrs. Bast will continue today.
Mr. Moody discussed procedures for use of County facilities by individuals and organizations. Mr. Moody explained currently there is a request from a political party to use the pavilion at the agriculture center.
Comm. Bell reviewed Florida Statute 106.15(4) reference.
Mr. Moody confirmed the statute interprets if a pavilion is rented it can be used for political purposes.
Comm. Yearty suggested Mr. Moody and Attorney Beauchamp draft a policy for use and rental of the county’s pavilions.
Mrs. Sandy Fink commented the electric cooperative in Chiefland did allow use of their facilities until September 11th, however since that time have ceased doing so.
ZONING
Mr. Rob Corbitt presented the following petitions(s) for consideration:
Petition No. Ha.Va. 3-04 Donna Sharp , petitioning the Board for a Hardship Variance to allow a second dwelling in order to care for her father (John Walters), on a parcel of land located on a parcel of land in the N ½ of the SE 1/4 of Section 27, Township 11 South, Range 15 East, in Levy County. Said parcel contains 31 acres more or less and is located within an Agriculture/Rural residential “A/RR” zone. Parcel Account #01640-000-00. Current 911 Address is 11450 N.W. 10th Avenue.
Chairwoman Rooks called for opposition and none was presented. Comm. Bell moved to accept petition for Donna Sharp. Comm. Yearty seconded and the MOTION CARRIED.
Petition No. SE-A 1-04 Robert and Faye Wells, petitioning the Board for an Amendment to Special Exception “SE 5-03" for an Outdoor Commercial Recreational Facility to include Sundays as part of the days of operation, on a parcel of land located in the SW 1/4 of the NE 1/4 and that part of the E ½ of the NE 1/4 lying west of US Highway 19/98, and all that part of the SE 1/4 lying west of US Highway 19/98 and north of Butler Road, in Section 36, Township 15 South, Range 16 East , In Levy County. Said parcel contains 99.80 acres more or less. This parcel is located within an Forestry/Rural Residential “F/RR” zone. Parcel Account #02843-000-00. The Planning Commission recommends approval with attached conditions as initially approved.
Chairwoman Rooks called for opposition and none was presented. Mr. Grant asked what the facility provided. Mr. Corbitt explained it was a mud bogging operation. Comm. Yearty moved to approve petition from Robert and Faye Wells. Comm. Parker seconded and the MOTION CARRIED.
ROAD DEPARTMENT
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 125th Avenue located in University Estates requiring two (2) loads limerock and grading for estimated cost of $600.00, beginning at NE 88th Lane and ending at NE 57th Place.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NW 61st Lane located in Crestfield Trading requiring three (3) loads limerock and grading for estimated cost of $900.00, beginning at C347 and ending at NW 105th Court.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
Usher Boat Ramp in Manatee Springs State Park requiring fifteen (15) loads limerock and grading for estimated cost of $4,500.00, beginning at Camp Azalea Road going to the river.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Parker seconded and the MOTION CARRIED. Mrs. Cannon asked if the ramp was located inside the park. Mr. Watson responded yes and explained it belongs to the park and the Suwanee River Water Management. Comm. Yearty added it was donated to the park by Mr. Usher for the public and both the park and the water management district have requested help to maintain the road and by doing this on the one (1) time basis they will maintain the ramp thereafter.
Request for approval to contract for blasting total 232 holes at Gulf Hammock mine by North Florida Drilling at cost of $32,670.24.
Comm. Parker moved to approve the bid for blasting. Comm. Yearty seconded. Comm. Parker amended motion to include contract with insurance. Comm. Yearty seconded amended motion and the MOTION CARRIED.
Request approval to change dates to advertise for bids of road department materials beginning 7/6/04 with bid openings 8/17/04 and bid awards 9/7/04.
Consensus of board approved bid dates.
SHERIFF
Sheriff Johnny Smith addressed courthouse security saying several weeks ago he approached the Board requesting funding for the new courthouse security being implemented in the near future. Sheriff Smith said since that time it has become very apparent to him the county is not in position to fund the new courthouse security measures. Sheriff Smith said for the security of the employees and the public, he has found it necessary to step up and provide this service with the Sheriff office’s existing resources. Sheriff Smith said with existing resources and internal restructuring the Sheriff’s office is going to provide this service to the citizens of the county and sincerely hopes this helps to relieve some of the financial burden the county is facing.
Comm. Yearty stated he has discussed this with the Sheriff and one thing that will help the Sheriff’s office is to move some of our night meetings.
Chairwoman Rooks said she commended the Sheriff for stepping up, saying we have had several discussions and you realize the county’s current position. Chairwoman Rooks said she is aware this will be a burden to him and the Sheriff’s department. Chairwoman Rooks said as a constitutional officer she truly commends the Sheriff for taking this upon his office to help keep the cost down for the taxpayers.
SHIP
Mr. Danny J. Shipp presented the following Satisfaction of Mortgage for approval:
Ernest and Leah Ann Ramsey of Inglis paid off amount of $1,522.63.
Comm. Yearty moved to approve the Satisfaction of Mortgage. Comm. Bell seconded and the MOTION CARRIED.
Mr. Shipp presented the following request to accept payoff of SHIP Second Mortgage by Damian Cardinal of Chiefland:
$2,000.00 paid this month and $500.00 each month thereafter until balance due of $5,445.36 paid in full, approximately October 2004.
Comm. Parker moved to accept the payoff in manner as proposed. Comm. Stevens seconded and the MOTION CARRIED.
CLERK
Mr. Shipp reported the following lands escheated to the county:
Certificate #185-1994. Tract in NE 1/4 of NW 1/4 DB 106, Page 189, Lot 19, Block I-6, Jemlands unrecorded Subdivision, in Section 29, Township 12 South, Range 14 East, Levy County, Florida. Parcel Account #01097-448-00. Formerly assessed to Bill Burba.
Certificate #2523-1994. Williston Highlands Golf and Country Club Estates, Block 38, Lot 19, OR Book 430, Page 480, according to the plat thereof recorded in Plat Book 3, Page 67, public records of Levy County, Florida. Section 21, Township 13 South, Range 18 East, Parcel Account #09215-018-00. Formerly assessed to Lewis M. Hughes.
ATTORNEY’S REPORT
Attorney Beauchamp presented proposed resolution authorizing Board Chairman to enter a maintenance agreement with the Florida Department of Transportation to construct a sidewalk on County Road 40. Comm. Yearty moved to allow the Chairman to sign the resolution after drafted and approved by County attorney. Comm. Parker seconded and the MOTION CARRIED.
Attorney Beauchamp informed three proposed requests for road closings had been received and at the next Board meeting he would be presenting proposed resolution setting the public hearing.
COMMISSIONERS
Comm. Bell informed letters are being collected in support of the hospital in the tri-county area from businesses and individuals and she will leave the address with the Commission office for interested persons.
Comm. Stevens said the Withlacoochee Regional Planning Council has a dues rebate for the county in amount of $1,042 which will be presented in the next couple of months. Comm. Stevens informed Comm. Wooten from Citrus County has proposed establishing a National Estuary Program for the Withlacoochee Regional Planning Council area and is also proposing a workshop for the counties which will be held in Ocala. Comm. Stevens suggested looking into changes in order to provide handicap parking for the Veteran’s office. Chairwoman Rooks proposed using the reserved spaces behind the courthouse. Sheriff Smith consented the spaces behind the courthouse reserved for Sheriff’s office employees can be allocated for handicap spaces. Mr. Corbitt said the four spaces could be utilized for one standard parking space and two handicap parking spaces. Mr. Moody explained the danger and difficulties of backing out of the parking spaces located in the back of the courthouse into the one lane traffic area and school zone and said the front area of the courthouse is more feasible. Chairwoman Rooks said for all possible avenues for these changes to be looked into.
Chairwoman Rooks presented proposed committees for 2004 with change of the Finance Committee from Comm. Stevens to herself. Comm. Stevens moved to approve the committees. Comm. Yearty seconded and the MOTION CARRIED.
EMPLOYMENT CONTRACT FOR COUNTY ATTORNEY
Atty. Beauchamp stated the contract was well written covering necessary areas and then he reviewed the contract with the Board in its entirety.
Comm. Stevens said our intention is to hire a county attorney which will essentially be a county employee and he disagrees with hiring a county employee with a contract. Comm. Stevens said he believes the new attorney should be treated as other employees. Comm. Parker responded the new attorney is not a regular employee and in order to fill this employment position other applicants would also want a contract. Atty. Beauchamp said most county attorneys and county administrators negotiate a package for employment with contract. Comm. Yearty moved to enter into a contract with Atty. Bast at the base salary of $83,950.00. Comm. Bell seconded and the MOTION CARRIED. Mr. Moody stated the item of effective date would be March 30, 2004 by Mrs. Bast’s information.
Comm. Stevens stated that Mrs. Bast was willing to apply and accept this position and therefore should be willing to accept our offer. Comm. Parker said this position has a considerable impact for our county and the fact Mrs. Bast will be making significant changes in her life to relocate needs to be taken into consideration for negotiations. Comm. Yearty moved to approve severance pay as listed in the contract. Comm. Bell seconded. Comm. Yearty, Comm. Bell, Comm. Parker and Chairwoman Rooks voted YES. Comm Stevens voted NO and the MOTION CARRIED.
Comm. Yearty stated the base salary was $83,950.00 and the renewal date annually would be October 1st (3)(A)(i) and (ii). Comm. Bell moved to remove Moving Expenses (3)(B). Comm. Stevens seconded and the MOTION CARRIED.
Atty. Beauchamp explained various professional dues, subscriptions and associations. Chairwoman Rooks said dues to be paid by the county should only be for the County Attorney Association. Comm. Stevens moved the County shall pay the County Attorney Association dues; Attorney shall pay all other professional dues and association fees (3)(C)(i) . Comm. Parker seconded and the MOTION CARRIED.
Comm. Stevens moved the County shall pay for Attorney’s insurance benefits for life, health and disability, if any, in the same manner as provided for other county employees (4)(A)(B)(C). Comm. Parker seconded and the MOTION CARRIED.
Mrs. Martin stated county employees accrue twelve (12) days paid vacation per year. Comm. Stevens said the annual leave and insurance benefits should be consistent with union agreements and other employee policies. Comm. Bell moved to approve three (3) weeks paid vacation annually. Comm. Yearty seconded. Comm. Bell, Comm. Yearty, Comm. Parker and Chairwoman Rooks voted YES. Comm. Stevens voted NO and the MOTION CARRIED. After discussion Comm. Stevens amended his vote of NO to YES.
Comm. Stevens moved to eliminate (4)(D)(i)and (ii) to be stricken from the contract. Motion was not seconded. Comm. Bell moved to strike (4) (D)(ii) and change (4)(D)(iii) from four (4) weeks to three (3) weeks. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Stevens moved to strike Deferred Compensation (4)(F). Comm. Parker seconded and the MOTION CARRIED.
Comm. Bell moved Performance Appraisal date would be September 1st, adding to strike ‘performance appraisal criteria agreed to by the Board and Attorney’ and change to ‘the county evaluation policy’, (5). Comm. Yearty seconded and the MOTION CARRIED.
Comm. Stevens moved to change heading ‘Bonding/Malpractice Insurance’ (7) to ‘Indemnification’ and remove (7)(A). Comm. Parker seconded and the MOTION CARRIED.
Chairwoman Rooks stated under Status of Employees of the County Attorney (8) it was realized Mrs. Susan Haines has been hired for the office manager position. Comm. Yearty moved to add ‘Attorney shall govern her employees with the same procedures as other department heads’ (8). Comm. Bell seconded and the MOTION CARRIED.
Atty. Beauchamp stated under General Provisions (10) effective date would be March 30, 2004. Atty. Beauchamp suggested Chairwoman Rooks and Mr. Moody place a conference call today to Atty. Bast with this proposed revised contract. Comm. Stevens moved to allow Board Chairman to sign the employment contract if Atty. Bast agrees with proposed revisions. Comm. Bell seconded and the MOTION CARRIED.
LIBRARY
Mr. Tom Reitz requested permission to apply for the third year of the Library Services Technology Act (LSTA) grant for the Levy Library Youth Services Project. Mr. Reitz stated this will be the third and final year of this grant funding. Mr. Reitz explained the amount this year is $36,289 without matching requirement and the grant period will be October through September. Comm. Yearty moved to allow Mr. Reitz to apply for the LSTA grant. Comm. Bell seconded and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court