REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 6, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on April 6, 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
Also present were:
County Attorney - Anne Brown
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 Justin Watson followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Yearty seconded and the MOTION CARRIED.
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MINUTES
Comm. Yearty moved to approve the minutes of the special meeting of February 27, 2004. Comm. Parker seconded and the MOTION CARRIED.
Comm. Stevens moved to approve the minutes of the regular meeting of March 2, 2004. Comm Yearty seconded and the MOTION CARRIED.
Comm Stevens moved to approve the minutes of the regular meeting of March 16, 2004. Comm. Parker seconded and the MOTION CARRIED.
MUNICIPALITIES
Ms. Beatrice Mongo and Mr. Lee Mills gave an update of the jail sewer treatment facility and the central sewer facility for the town of Bronson.
Mr. Mills said the Community Development Block Grant (CDBG) funding allows building treatment facilities adequate to serve only that particular project based upon a twenty year plan with no reserve capacity. Mr. Mills stated the treatment and collection capacity must be balanced to maintain the most economical program available under the CDBG program therefore Bronson is unable to build a reserve. Mr. Mills stated busy courthouse days and special events exceed the 24,000 gallons per day capacity of the plant at the jail, whereas the capacity of the new facility for Bronson is designed to treat 84,000 gallons per day in waste water. Mr. Mills stated the end result of a total of 101,680 gallons of anticipated wastewater per day requires both facilities to remain on line allowing a total capacity for 107,000 gallons per day. Mr. Mills read the interlocal agreement between the city and the county.
Comm. Yearty suggested the need for the city and county to meet in order to make any necessary revisions to the agreement.
Mayor Mongo responded to Comm. Yearty confirming Bronson will continue to waive connection fees and monthly fees until such time $100,000 is repaid to the County. Mr. Fred Moody responded to Comm. Yearty stating the Clerk, Finance officer, Mayor Mongo, and himself have met regarding discussion of the repayment and other relevant issues.
Mr. Mills stated the project can begin in a few weeks.
Mayor Mongo added the project has been given a ninety day deadline.
Comm. Parker inquired if any additional expenses are anticipated in the future after the installation as well as any necessary upgrades.
Mr. Mills stated additional pumps will be needed to carry the excess capacity per day.
Chairwoman Rooks asked the Clerk, Mayor Mongo, Atty. Brown and Mr. Moody meet and bring their findings back before the Board.
EMERGENCY MANAGEMENT
Mr. Mark Johnson requested approval of the Emergency Management Performance Grant in the amount of $25,205 in federal funds.
Comm. Stevens made a motion to approve the Emergency Management Performance Grant. Comm. Parker seconded and the MOTION CARRIED.
PROCLAMATION
Mr. Bill Brown presented a proposed proclamation declaring the month of April as Child Abuse Prevention Month in Levy County. Mr. Brown stated over six hundred children a year are abused in Levy County and fifteen children an hour are abused in the State of Florida. Chairwoman Rooks read the proposed proclamation.
Comm. Parker made the motion to adopt the proclamation for Levy County recognizing April as Child Abuse Prevention Month. Comm. Stevens seconded and the MOTION CARRIED.
TOURIST DEVELOPMENT COUNCIL
Mr. Lannie Cardona requested Board approval of $5,000 each reimbursable tourist development grant for the Williston Chamber of Commerce and the Withlacoochee Chamber of Commerce. Mr. Cardona said this fiscal year the Tourist Development Council (TDC) disbursed a total of $25,000 collections back into our community . Mr. Cardona stated in the calendar year 2003 the revenues coming into the TDC exceeded the projected $100,000 by twelve percent (12%).
Comm. Yearty made the motion to approve the grants in the amount of $5,000 each for the Williston Chamber of Commerce and the Withlacoochee Chamber of Commerce. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Cardona requested Board approval of the Agreement for Professional Services between the Levy Board of County Commission and the Nature Coast Business Development Council. Atty. Brown said she has reviewed the contract noting only minor amended language is needed.
Comm. Yearty made a motion to approve the Agreement for Professional Services upon final revision by Atty. Brown. Comm. Stevens seconded and the MOTION CARRIED.
ADVERTISEMENT OF DELINQUENT TAXES
Mr. Moody said in the past the advertisement of the delinquent tax list has been rotated between newspapers in Levy county. Mr. Moody stated there are two newspaper owners that qualify for this rotation. Mr. Moody said the Tax Collector requested this item be brought before the Board to address it. Mr. Moody said the Department of Revenue and Florida Statutes require the Board to select the newspaper for the advertisement of delinquent taxes and therefore it is the Board’s discretion for the Tax Collector to continue the rotation or establish new policies.
Dale Bowen, manager of the Chiefland Citizen and the Williston Pioneer, addressed the Board regarding the rotation of the advertisements for delinquent taxes. Mr. Bowen stated the current rotation process is outdated and a better process needs to be established. Mr. Bowen said newspaper ownership should not be the key issue, rather primary consideration should be adequately informing the county residents of the delinquent tax listings. Mr. Bowen added if the ownership of the newspapers is important then all newspapers need to be added to the rotation.
Ms. Renate Cannon stated the Tax Collector’s office has knowledge of the dates the taxes become delinquent and it should be handled in a timely manner by the constitutional officers. Ms. Cannon requested Atty. Brown explain the definition and intent of the statute regarding this process.
Atty. Brown stated the statute defines newspaper eligibility for advertisement of the delinquent taxes. Atty. Brown said the rotation process is fair, however, the Board should consider other processes.
Comm. Yearty made a motion to continue the current rotation of the newspapers advertising the delinquent taxes for this year, however, move forward with a committee to recommend a policy for future selection processes. Mr. Parker seconded and the MOTION CARRIED.
RESOLUTION
Chairwoman Rooks read resolution number 2004-10 honoring Gregory V. Beauchamp who is retiring from the position as Levy County attorney.
Comm. Yearty made a motion to adopt the resolution. Comm. Stevens seconded and the MOTION CARRIED.
Chairwoman Rooks presented a plaque to Mr. Beauchamp recognizing over 28 years of service as the attorney for Levy County.
Mr. Beauchamp accepted the plaque presented to him and said it has been an honor and a pleasure to serve Levy County.
ZONING
Comm. Yearty made a motion to add a second petition to the building and zoning agenda as it has been properly advertised. Mr. Stevens seconded and the MOTION CARRIED.
Mr. Rob Corbitt presented the following petition for consideration:
Petition No. PP 1-04 McMillen Surveying representing Judy Infinger, for a Preliminary Plat of “Kindred Spirits Farm”, a subdivision located in the N ½ of the NW 1/4 of Section 25, Township 13 South, Range 18 East, in Levy County. Said parcel contains 20 acres more or less. This parcel is located within a Agriculture/Rural Residential “A/RR”. Parcel Account# 04482-003-00.
Comm. Yearty made a motion to approve the preliminary plat with the changes recommended by the planning commission noting this is the preliminary plat and the changes are to be clearly stated on the maps at the time for final approval. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Corbitt presented the following petition for consideration:
Petition No. FP 1-04 Pardue Land Surveying representing Roger Curtis for a Final Plat of “Curtis Estates”, a subdivision located in part of Section 27, Township 12 South, Range 14 East, in Levy County. Said parcel contains 31.21 acres more or less and is located within an Agriculture/Rural Residential “A/RR” zone. Parcel number’s 01083-002-0B, 01083-002-0C and 01083-002-0E.
Comm. Yearty made a motion to approve this petition as presented. Comm. Parker seconded and the MOTION CARRIED.
Mr. Corbitt requested Board approval of Special Event Permit No. 4-04 to allow a tent sale April 15 - April 21 across from the Dodge dealership in Chiefland. Mr. Corbitt stated the applicant is Jim Brooks and the owner of the property is William L. Wynne.
Comm. Parker made a motion to approve the Special Event Permit. Comm. Stevens seconded and the MOTION CARRIED.
MISCELLANEOUS
Mr. Al Carnegie addressed the Board regarding the incident of alleged racism and prejudice that occurred at the building and zoning department. Mr. Carnegie asked the Board what measures have been taken regarding the inappropriate conduct and inappropriate remarks in the workplace.
Mr. Moody responded a report from the law office of Allen, Norton and Blue recommended employees of the building and zoning department attend diversity training. Mr. Moody stated this training will be provided to all county departments.
Mr. Carnegie said he believes the diversity training may be helpful but it will not remedy the problem. Mr. Carnegie stated the employment of a minority in the building and zoning office will help alleviate the problem.
Chairwoman Rooks responded to Mr. Carnegie explaining documentation of incidents is necessary and beginning diversity training will be the first step to resolve the issue.
Rev. Donnell Sanders addressed the Board inquiring how many African American’s are employed in the building and zoning department.
Chairwoman Rooks responded by saying currently there are not any African American’s employed in that department.
Rev. Sanders stated he is glad there is recognition of the need for diversity training and furthermore, he would like to see African Americans employed in that department.
Ms. Lisa Davis stated she was the individual who submitted the letter regarding these issues and she has passed a polygraph test to prove such. Ms. Davis suggested the only way to remedy the problem is to remove those employees who are participating in the prejudice and racist activity.
Mrs. Mary Golding stated she is not proud of the county for the way this issue is being handled and she expected the commissioners to remedy the matter.
Ms. Renate Cannon said we should not tolerate discrimination of any kind. Ms. Cannon asked the Board if there is a grievance procedure and if these issues are outlined in the procedure.
Chairwoman Rooks responded to Ms. Cannon stating there is a grievance procedure available for county employees.
Comm. Parker stated due to this issue of prejudice and racism, African Americans feel like they have been mistreated and the Board will do whatever is necessary to improve communication, employment conditions and opinions of county employees.
Ms. Alice Allen recommended an investigation and employees found to have participated in this inappropriate behavior should be suspended or removed from the workplace.
Mrs. Carolyn Risher, Mayor of Inglis, said she learned a song in Sunday school teaching everyone was created and loved by God regardless of color and we all need to learn to live by the message in that song.
Rev. Scott stated the African Americans will no longer support any business or commissioner who does not address the African American community’s concerns of racism and prejudice.
Mrs. Scott said the diversity training will not be effective if there is no diversity within the department and there is a need to employ minorities in every county department.
Mr. Dave Bibby stated a county manager should have the authority to hire, fire and penalize county employees at his discretion according to county policies and procedures. Mrs. Sandy Fink said there should be recognition that we are all Americans regardless of race, sex, or ethnicity and there should not be separation.
MISCELLANEOUS
Mr. Bill Hutchinson stated Governor Bush has made the month of May Motorcycle Safety Awareness for the State of Florida. Mr. Hutchinson presented motorcycle safety programs available to the public.
Comm. Yearty suggested the Atty. Brown draft a proclamation making May Motorcycle Safety Awareness Month for Levy County to be brought back before the Board.
ROAD MAINTENANCE
Mrs. Carolyn Risher requested approval for the use of equipment to repair roads in Inglis. Mrs. Risher stated the Town of Inglis needs assistance with the hauling of limerock to the identified roads for maintenance.
Comm. Yearty made a motion to assist the Town of Inglis with the hauling of limerock to the designated roads and requested the road department superintendent to coordinate the scheduling. Comm. Stevens seconded and the MOTION CARRIED.
PUBLIC COMMENTS
Mrs. Renate Cannon asked the Board to clarify the county’s intention of an additional gas tax to increase the general revenue.
Comm. Yearty stated a workshop was held to review different options available to increase the revenue however decisions were not made to increase any tax at this time.
Mr. Fred McKeon requested designation of handicap parking at the south side of the courthouse. Mr. Moody said the Clerk, Comm. Stevens and himself have discussed options regarding the handicap parking. Mr. Moody said he will coordinate with the road department and the Town of Bronson to further additional options for handicap parking.
Ms. Alice Allen requested assistance in an investigation regarding the death of her mother, Willie Mae Allen Coaxson. Ms. Allen said a medical examiner and the State Fire Marshall need to participate in the investigation because she suspects foul play.
Major Bobby McCallum of the Levy County Sheriff’s office addressed Ms. Allen stating Levy County does not have a medical examiner however, the Chiefland Police Department and the State Fire Marshal have jurisdiction over the investigation due to the fire and the victim’s home being located in the city limits of Chiefland.
Mr. Rick Lombardo stated the Fire Marshal will conduct the investigation and if there is evidence of foul play, the State Attorney’s office will become involved. Mr. Lombardo said he will contact the State Fire Marshall’s office to get an update on the investigation for the victim’s family.
Ms. Allen requested assistance to ensure all agencies are involved in the investigation to collect factual information that may lead to an arrest and conviction. Chairwoman Rooks said she will meet with Ms. Allen and her sister to review the investigation and provide assistance in this matter. Ms. Allen presented a list of contact numbers requesting the BOCC to call the agencies to assist in getting a thorough investigation completed.
NATURE COAST TRANSIT
Mr. Fred Moody proposed the recommendation to employ Ms. Desiree Painter for the Nature Coast Transit General Manager position. Mr. Moody stated salary for this position would be $49,000 with a $1,000 increase in salary following a satisfactory performance review during the six month probationary period. Mr. Moody stated Ms. Painter will be available to begin employment April 21, 2004.
Comm. Parker moved to approve recommendation to employ Ms. Desiree Painter for the position of General Manager for the Nature Coast Transit with a salary of $49,000 and $1,000 increase following satisfactory performance during the six month probationary period. Comm. Stevens seconded and the MOTION CARRIED.
APPOINTMENTS
Ms. Heather Alexander presented appointments to the Public Risk Management Board of Directors and the Public Risk Management Group Health Board removing Comm. Bell as a member and Mr. Moody as an alternate and appointing Mr. Moody as a board member and Ms. Jacqueline Martin as an alternate.
Comm. Parker made a motion to appoint Mr. Moody as a board member and Ms. Martin as an alternate to the Public Risk Management Board of Directors and the Public Risk Management Group Health Board and removing Comm. Bell from those boards. Comm. Yearty seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Ms. Marie Wells made a proposal of changes to the existing Emergency Medical Services County Grant number C2038. Ms. Wells stated the original approval included trading two of the older lead heart monitors. Ms. Wells said it has been deemed necessary to trade only one of the older heart units creating an additional cost of $2,500.
Comm. Stevens made a motion to approve the additional cost of $2,500 to purchase the new heart monitor. Comm. Yearty seconded and the MOTION CARRIED.
FIRE
Mr. Rick Lombardo proposed to have a memorial area in the courthouse designated for firefighters and law enforcement personnel that have died in the line of duty.
Mrs. Toni Collins said she could assist Mr. Lombardo to have the names of the firefighters and law enforcement officers of Levy county who have died in the line of duty to be added to the memorial wall in Washington.
Mr. Lombardo presented an update on the Standing Operating Guidelines for the county stating they are being retyped and a draft will be provided to the Board. Mr. Lombardo presented the updated fire budget with over $40,000 returned to the county from the fire departments. Mr. Lombardo reviewed establishing a county fire department in the Town of Otter Creek. Mr. Lombardo further stated specialty item purchases will be presented for Board approval pursuant to bid policies and procedures.
TRANSPORTATION DISADVANTAGED
Mrs. Kay Holcomb said the county has received $165,680 from the State of Florida to purchase and renovate the building for the Transportation Disadvantaged. Mrs. Holcomb said the Clerk’s office has been processing grant invoicing and will continue indefinitely. Mrs. Holcomb stated the 5311 Operations Grant was signed three (3) weeks ago and with approval of this meeting’s minutes, will be allowed to charge against the grant. Mrs. Holcomb said $114,000 in expenses must be incurred in order for the $57,000 to be matched. The remainder 5311 Operations Grant will be available after July 1, 2004 for the next fiscal year. Mrs. Holcomb said the 5310 Grants will be used to purchase the buses and the funding is being received.
Comm. Parker said the Clerk’s office has been very helpful initiating these program processes.
ROAD DEPARTMENT
Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:
NE 10 Street and NE 120 Avenue located in Williston Highlands Unit 14 subdivision requiring four hours of grading on each road with an estimated cost of $536.00 beginning on NE 130 Avenue and ending at NE 20 Street.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Chairwoman Rooks said the Department of Transportation has included in their budget to repair county road 341 and if passed, the county will be receive $809,883 from the State to resurface the road beginning at Highway 19 and ending at the Gilchrist County line totaling 11.6 road miles. Chairwoman Rooks stated if our county road department begins repair on the road, the county will not be eligible to receive the grant.
Mr. Watson said the road department is ready to begin working on the road and he believes the road is a potential hazard. Chairwoman Rooks stated the county could receive the grant July 1.
Comm. Stevens said he is concerned regarding safety issues that may arise if the road is not repaired until the grant is approved.
Atty. Brown stated engineer assessment of the road repair and relevant safety issues would assist in this determination.
Comm. Yearty made the motion to wait upon grant approval during this legislative session and proceed with repairs thereafter. Comm. Stevens seconded and the MOTION CARRIED.
VETERANS
Mr. George Hermansen presented a budget amendment requesting postage of $400, office supplies of $500 and travel of $1,500 for accreditation purposes. Mr. Hermansen said this total of $2,400 is required for veteran’s office operations. Mr. Moody recommended approval of the budget amendment due to significant service volume increase.
Mrs. Toni Collins asked if the Veteran’s Service office can accept donations.
Mr. Shipp stated there is not a specific donation policy, however, donations can be accepted. Consensus of the Board to address issue in two weeks after proper advertisement.
SHIP
Mr. Danny Shipp presented the following two Deferred Payment Loan Agreements:
Mr. Joe Penney, Lot 6, Block 19, Williston Highlands, Deed Book 761, page 730, Levy County, for $7,000.00 to purchase a home in the Williston area.
Comm. Stevens made a motion to approve the Deferred Payment Loan Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Rafael and Shiomara Matos Rivera, Lot 5, Block 10, G.W. Willis Addition, Deed Book 565, Page 677, for $9,500.00 to purchase a home in the Williston area.
Comm. Stevens made a motion to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
COUNTY ATTORNEY
Atty. Brown stated she does not have an official report however, the next meeting she will be prepared for discussion of policies and procedures to review department requests and budget association thereof. Atty. Brown said she will be tracking time spent with the different departments to ensure the county attorney’s office time will be balanced between all departments. Atty. Brown said she would like to schedule future workshops for county staff and the Board to discuss the Sunshine law, public records, and various other judicial topics.
LIBRARY
Comm. Yearty proposed appointment of an at-large member to the Levy County Library Board. Comm. Yearty made a motion to appoint Mrs. Toni Collins as the at-large member with voting powers to the Levy County Library Board.
Mr. Tom Reitz requested the Board to table this proposal until the existing Library Board members can discuss the appointment of Mrs. Collins.
Comm. Yearty responded to say he stands by his motion. Mr. Stevens seconded and the MOTION CARRIED.
RESOLUTION
Chairwoman Rooks read the resolution honoring Mr. Edward O. Peters, a resident of Cedar Key, Levy County, who was tragically killed in a traffic accident while serving with the Department of Forestry, naming a portion of Highway 24 as the Edwards O. Peters Memorial Highway. Chairwoman Rooks stated Representative Will Kendrick will take the Resolution to Tallahassee to request a portion of Highway 24 be named in Peters’ honor.
Comm. Parker made a motion to approve the Resolution naming a portion of Highway 24 honoring Mr. Peters. Comm. Yearty seconded and the MOTION CARRIED.
PLANNING COMMISSION
Chairwoman Rooks proposed appointment of Mrs. Toni Collins as a member of the Levy County Planning Commission.
Comm. Stevens made a motion to appoint Mrs. Collins as a member of the Levy County Planning Commission. Comm. Yearty seconded and the MOTION CARRIED.
GEOGRAPHIC INFORMATION SYSTEM FIRE SUPPRESSION CAPABILITY ANALYSIS
Mr. Brett Sandlin presented to the Board the need of additional career staffing, including the addition of fully staffed fire stations which provide fire and emergency medical services (EMS) coverage within Levy county to meet response time and staffing performance objectives described in industry standards. Mr. Sandlin read the “Chain of Survival” which outlined four elements critical to the survival of cardiac arrest victims. Mr. Sandlin stated response times can be improved significantly if volunteer fire fighter first responders are utilized to respond to EMS calls. Mr. Sandlin stated the survival rates of a cardiac arrest victim can be increased depending on the quick response time of the EMS call. Mr. Sandlin said in order for the volunteers to assist in EMS calls, they will need to be trained in basic life support as well as approved by the medical doctor contracted with the county.
Mr. Rick Lombardo stated some of the volunteer fire fighters may not be willing to respond to the EMS calls, however, they would still be needed to assist in responding to fire calls.
Mr. Sandlin provided a copy of a five year strategic fire department deployment plan outlining what would be considered an eight minute response time based on the placement of career staffing at the different Levy County stations.
Mr. Lombardo stated Levy County can provide better service to EMS calls with the resources available now provided Dr. McKoy, the medical director for Levy County, agrees to allow the volunteers to be first responders.
Comm. Parker said all scenarios need to be assessed in order to determine how these volunteers can be utilized.
Chairwoman Rooks suggested Mr. Lombardo categorize all volunteers based on their abilities, training and availability to present to the medical director for his approval. Mr. Sandlin stated once the volunteers are approved, they will be required to attend the same mandatory training as the paramedics and emergency medical technicians. Comm. Parker recommended Mr. Fred Moody, Mr. Billy Careccia, and Mr. Rick Lombardo present the plan to Dr. McKoy to utilize the volunteers as first responders to EMS calls. Comm. Stevens requested to have the information presented to the Board within the next month.
Chairwoman Rooks stated the consensus of the Board is to have Mr. Lombardo begin collecting the necessary information to present to Dr. Mckoy and report his decision to the Board.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court