REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 22, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on June 22, 2004 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairwoman Lilly Rooks
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
Comm. Nancy Bell
Also present were:
Clerk of Court - Danny J. Shipp
County Attorney - Anne Brown
County Coordinator - Fred Moody
The Chairwoman called the meeting to order at 9:00 a.m. The invocation was given by Mr. Benny Jerrels followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
FUND AMOUNT CHECK NUMBERS: 75991-76223 GENERAL REVENUE $304,256.06 ROAD & BRIDGE FUND 200,736.50 SHIP 119.00 LIBRARY 7,590.34 PERMANENT MOSQUITO 250.63 LOCAL LAW 2,566.00 FINE & FORFEITURE FUND 44,709.79 TRANSPORTATION 54,987.86 LANDFILL & RECYCLING 55,450.53 COURT FACILITIES 114.51 FLORIDA POWER GRANT FUND 98.46 EMERGENCY MEDICAL SERVICE 18,435.37 FIRE 5,264.26 TOURIST DEVELOPMENT 25.11 INTERGOV COMMUNICATIONS 1,665.03 SALES TAX REV BOND CONST. 251,024.34 UTILITIES FUND 1,275.31 TOTAL $948,569.10
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of May 18, 2004. Comm. Yearty seconded and the MOTION CARRIED.
Comm. Stevens moved to approve the minutes of the Roundtable workshop of June 7, 2004. Comm. Parker seconded and the MOTION CARRIED.
Comm. Stevens moved to approve the minutes of the regular meeting of June 8, 2004. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONERS
Comm. Stevens moved to approve addition to the agenda for discussion of handicap and veteran’s parking at the Courthouse. Comm. Parker seconded and the MOTION CARRIED.
AGENCIES
Mr. Matt Matherne, with Government Services Group, presented an update on the Levy County Fire Rescue, Solid Waste and Road Assessment Programs. Mr. Matherne responded to Chairwoman Rooks stating the Public Hearing (Master Ordinance) will be presented July 6, 2004 for the first reading but will need direction as to the advertisement of the hearing.
Comm. Stevens moved to approve the advertisement of the Public Hearing (Master Ordinance) to be held July 6, 2004 at 6:00 p.m. Comm. Parker seconded and the MOTION CARRIED.
Mr. Matherne stated all resolutions the Board elects to pursue will be presented for approval at the Public Hearing (Master Ordinance) on July 6, 2004. Mr. Matherne responded to Comm. Stevens stating the proposed rate structure of the solid waste assessment for residential properties disposal would include the cost of the tipping fees into the assessment whereas commercial / non-residential properties would pay tipping fees and cost of service rather than the cost of the assessment.
Comm. Yearty made a motion to discontinue with the solid waste assessment. Comm. Bell seconded and the MOTION CARRIED.
Mr. Matherne responded to Comm. Stevens stating license agreements of haulers would be recommended to allow the County more control over monthly tonnage information for future assessments.
Comm. Yearty stated some of the County’s primary haulers are not paying on schedule and suggested Atty. Brown meet with Mr. Benny Jerrels to create a payment schedule for implementation.
Mr. Matherne stated mowing, tree trimming, and road grading are services provided by the road maintenance special assessments program which is over and above the general County maintenance. Mr. Matherne said current road maintenance rates generate $102,000 whereas it could generate $216,000 with the assessment presented. Mr. Matherne responded to Chairwoman Rooks stating the County could advertise rates at the maximum of $216,000 but implement at a lower rate initially. Mr. Mathene stated mailing first class advertising notices for the first year will cost $45,000. Mr. Matherne responded to Chairwoman Rooks stating Municipal Services Taxing Unit’s (MSTU), also known as Municipal Services Benefit Unit (MSBU), are included in the assessment. Mr. Matherne stated the ordinance will include provisions on the process of adding neighborhoods and it would be more enhanced than current processes.
Mr. Matherne responded to Comm. Yearty stating Type 2 subdivisions can be added to the County’s maintenance system however, it would need to be researched by an attorney.
Mr. Matherne responded to Mr. Ron Grant stating new public hearings would be required if fees exceed the maximum rate advertised.
Comm. Yearty moved to approve advertisement at the maximum rate for the road maintenance special assessment in order to comply with the ordinance. Comm. Stevens seconded and the MOTION CARRIED.
Chairwoman Rooks requested Mr. Matherne create proposals utilizing annual budget rates of $150,000 and $175,000 for the MSTU’s (aka MSBU) and to bring back for Board review.
Mr. Matherne responded to Mr. Freddy Shaw stating the cost to advertise is based on $1.25 charge per parcel to include only the parcels affected by the MSTU’s (aka MSBU).
Mrs. Linda Fugate, Tax Collector, stated it costs $20,000 to send notices to all tax payers inclusive of an insert, tax bill, envelope and postage. Mrs. Fugate stated the company she currently uses to mail out tax bills may be able to mail out these notices at a lower rate.
Mr. Matherne explained the proposed fire assessment program rates for Board review. Mr. Matherne responded to Chairwoman Rooks stating advertising at the maximum rate would allow for a five (5) year budget to include service enhancements.
Comm. Parker moved to approve the advertisement at the maximum rate for the fire assessment program. Comm. Stevens seconded and the MOTION CARRIED.
Comm. Bell and Comm. Yearty made comments regarding the need to enhance and restructure the Fire Departments as well as need for development of a comprehensive plan in order to increase service to residents.
Atty. Brown stated she has met with Mr. Lombardo in order to compile new agreements for the Volunteer Fire Departments.
Chairwoman Rooks requested Mr. Matherne create a proposal utilizing preliminary budget rates at 75% and at base budget with no enhancements to bring back for Board review.
Mr. Matherne responded to Comm. Bell stating advertising solid waste without implementing the assessment may possibly save the County money by eliminating the need to hold another ordinance hearing which costs an additional $25,000 and would allow the Board to revisit the rates in the future if needed.
Comm. Yearty moved to amend the motion to allow for advertisement at the maximum rate for the solid waste assessment without implementing an increase in assessments. Comm. Bell seconded and the MOTION CARRIED.
Mr. Matherne responded to Atty. Brown stating advertising at the maximum rate for the solid waste assessment reserves the right to have an option of implementation over the next five years. Mr. Matherne responded to Comm. Parker stating rates will not be implemented until the assessment resolutions presented July 6, 2004 are approved by the Board.
Mrs. Fugate stated she will present a proposal for the cost of mailing the advertisements by her mail out company on July 6, 2004.
Mr. Matherne addressed questions from citizens present.
SUPERVISOR OF ELECTIONS
Mrs. Connie Asbell, Supervisor of Elections, requested Board approval to close Court Street access on August 31, 2004 and November 2, 2004 in order to display election results. Mrs. Asbell stated she went to the Bronson Town Hall meeting this month and they granted permission to close the side streets. Mrs. Asbell stated the Sheriff’s Department can set up the road blocks.
Comm. Bell moved to approve closing of Court Street from 5:30 p.m. to 9:00 p.m. on August 31, 2004 and November 2, 2004 for purpose of displaying election results. Comm. Parker seconded and the MOTION CARRIED.
MISCELLANEOUS
Chairwoman Rooks informed Mr. Charles Gilbert he could address the Board provided he does not talk about individuals in a derogatory manner.
Mr. Gilbert addressed the Board regarding the lack of handicap access to the Courthouse.
Mr. Gilbert stated the Board has conducted meetings without proper notification to the public for an opportunity to attend.
Chairwoman Rooks requested Mr. Gilbert provide her with a list of meetings of which he is referring for improper notification to the public.
Mr. Gilbert stated the Board voted to withdraw from the Florida Association of Counties and has since become the laughing stock of the State.
Mr. Gilbert stated information provided to Atty. Brown has been filtered through by Commissioners and not all of the Commissioners support the rehiring of Atty. Beauchamp.
Chairwoman Rooks informed Mr. Gilbert the Board and County staff have an excellent working relationship with Atty. Brown and will not discuss the issue any farther.
Mrs. Renate Cannon stated the contact numbers provided to the public by Chairwoman Rooks for complaints regarding Commissioners is incorrect for the Attorney General’s office.
Chairwoman Rooks asked Mr. Moody to correct the Attorney General’s office contact number provided on the sheet.
Mr. Benny Jerrels responded to Mrs. Cannon stating Waste Pro, Sanford and Son and a few other companies are the licensed haulers for solid waste.
Chairwoman Rooks responded to Mrs. Cannon stating MSTU fees will apply to all existing and new subdivisions.
Mr. Cannon made comments opposing the new Courthouse security system. Mr. Cannon stated he was not recognized and he has attended more meetings than some of the new Commissioners. Mr. Cannon stated he feels discriminated against and he is angry about the new security system.
Comm. Parker responded to Mr. Art Maruna stating the new Courthouse security system is a result of the new Homeland Security Program.
AIRPORT
Mr. Roland Luster, with the Department of Transportation (DOT) Aviation Office in Lake City, presented a short video of benefit options for the George T. Lewis Airport in Cedar Key, Florida and the community. Mr. Luster said State Inspectors were concerned with the parallel road because it is located in a primary area of the runway for the airport. Mr. Luster stated the Master Plan was conducted in 1996 and it included a new access road to meet the minimum standards for the airport. Mr. Luster stated there is an Aviation program to provide assistance through the Rural Economic Development Initiative (REDI) Program and allows 100% funding. Mr. Luster recommended the Board finalize the Master Plan and form a committee involving the County and citizens from the community to determine what assistance will be needed. Mr. Luster discouraged the Board from closing and selling the airport because it could never become an airport again and the County would loose a good revenue source for the community. Mr. Luster suggested the airport install T-hangers (transit aircraft hangers) or shade hangers to serve a better need. Mr. Luster said installing additional navigational aids called Position Approach Path Indicators (PAPI) would be critical for the airport due to the layout of the runway.
Mr. Luster responded to Comm. Stevens stating the REDI Program would fund any airport project at 100%. Mr. Luster stated the Master Plan would identify all airport needs as well as the airport layout plan. Mr. Luster addressed questions from Commissioners and citizens present concerning the layout and improvement of the airport. Mr. Luster recommended an aviation consultant survey of the airport and present the information to the Board.
Comm. Yearty stated he would like the airport to remain open as it is an asset to the community and therefore, continue to maintain the airport for compliance with regulations.
Chairwoman Rooks requested Mr. Luster provide Atty. Brown and Mr. Moody information on grants available that the County can apply for assistance on the Airport Master Plan.
COMMISSIONERS
Comm. Parker said he met with Atty. Brown and it was determined to make a Request for Qualifications (RFQ) for services regarding the cost reduction services. Comm. Parker stated upon selection of a provider, the Board would negotiate a payment for implementation.
Atty. Brown stated she can meet with Mr. Moody to draft a scope of service for the Request of Qualifications (RFQ).
Chairwoman Rooks stated she has some questions regarding the cost reduction services prior to making her decision.
Comm. Parker stated he presented this proposal to the Board over a year ago and he would like to see the County work more efficiently with the tax revenues. Comm. Parker stated some of the Board’s questions and concerns would be answered by utilizing the cost reduction services.
Atty. Brown recommended the Board negotiate an amount for a method of payment rather than a percentage of cost savings. Atty. Brown said she can draft the Request for Qualifications (RFQ) for Board review.
Comm. Stevens suggested identifying a scope of work prior to making a Request For Qualifications (RFQ).
Mrs. Sandy Fink, Mrs. Renate Cannon and Mr. Fred Shaw made comments regarding the implementation for the cost reduction services.
Atty. Brown responded to Mrs. Cannon stating a Request For Qualifications (RFQ) would be a selection of one provider in order to negotiate a scope of services and a fee which is a speedier process. Atty. Brown explained a Request For Proposal (RFP) would include the scope of services as well as a fee.
Comm. Bell stated she would like to see the cost reduction services implemented in order to save the County revenue.
Comm. Stevens stated the need to involve the Constitutional Officers when requesting the cost reduction services because the County budget includes their departments.
Comm. Parker moved to make a Request For Qualifications (RFQ) for cost reduction services. Comm. Bell seconded. Comm. Parker, Comm. Bell, Comm. Yearty voted YES. Comm. Stevens and Chairwoman Rooks voted NO and the MOTION CARRIED.
ROAD AND BRIDGE DEPARTMENT
Mr. Lee Mills presented the need for the Board to address the repair of Bridge Number 340014 located on C. Street / Cedar Key Canal as recommended by the inspection of the Florida Department of Transportation (DOT).
Comm. Yearty stated the need to involve the City of Cedar Key to request their assistance with the expenses of the bridge repair.
Chairwoman Rooks stated she and Mr. Mills can meet with the City of Cedar Key to request their assistance with the expenses of repairing the bridge.
Consensus of the Board for the Road Department to respond to the Florida Department of Transportation (DOT) informing them of the County’s intent to seek assistance from the City of Cedar Key for the bridge repairs as well as moving forward with the bidding process to make necessary repairs.
COUNTY COORDINATOR
Mr. Fred Moody presented a request from the City of Cedar Key to utilize the County property, commonly known as “Eight Mile Hill”, to place the dredge material removed from the Cedar Key Marina basin.
Comm. Yearty stated he spoke with Mr. Benny Jerrels who indicated it is acceptable to place the dredge material on that site and it can be used as fill dirt.
Comm. Yearty moved to approve the request from the City of Cedar Key to utilize County property, commonly known as “Eight Mile Hill”, to place only the dredge material removed from the Cedar Key Marina basin under the direction of Mr. Benny Jerrels. Comm. Parker seconded and the MOTION CARRIED.
Comm. Yearty responded to Comm. Stevens stating testing will be completed prior to placing the dredge material on County property and the City of Cedar Key will be responsible for moving the dredge material.
Mr. Moody stated he received a letter from the Mayor of Cedar Key stating the City will ensure that only the dredge material, which has been tested and declared free of toxin, will be transported to the County property.
Comm. Yearty responded to Mr. Maruna stating there are not many residents located in the “Eight Mile Hill” area and dumping of the dredge material should not create a problem.
COUNTY EMPLOYEES
Mr. Moody requested Board approval to promote Mr. Bruce Greenlee from Road Department Foreman to Road Department Administrative Superintendent.
Comm. Parker moved to approve promotion of Mr. Bruce Greenlee to Road Department Administrative Superintendent at an annual salary of $36,000.00. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Moody requested Board approval to establish an annual salary for Mr. Benny Jerrels of $37,500.00 for his position as the Director of the Solid Waste Department. Mr. Moody stated Mr. Jerrels was promoted effective January 10, 2003 without an increase in salary.
Comm. Parker moved to approve the annual salary of $37,500.00 for Mr. Jerrels for his position as the Director of the Solid Waste Department. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Moody requested Board adoption of the Sexual Harassment Policy as presented. Mr. Moody stated all County employees and volunteers will be required to attend sexual harassment training and Constitutional Officers and their employees are invited to attend as well.
Comm. Stevens moved to approve the Sexual Harassment Policy as presented. Comm. Parker seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Ms. Marie Wells requested Board approval to attend the Chiefland City Commission meeting in order to request their assistance in locating property for the construction of the Med 2 Station.
Comm. Parker moved to approve Ms. Wells to attend the Chiefland City Commission meeting in order to request their assistance in locating property for the construction of the Med 2 Station. Comm. Stevens seconded and the MOTION CARRIED.
FIRE
Mr. Moody stated Mr. Lombardo requested to table the approval of the proposed Standard Operating Guidelines (SOG) for Fire Departments for further review.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested Board approval of the Department of Transportation (DOT) Five Year Work Plan.
Comm. Yearty moved to approve the Department of Transportation (DOT) Five Year Work Plan as presented. Comm. Parker seconded and the MOTION CARRIED.
Mr. Greenlee requested Board approval to submit grant applications for the resurfacing of County Road 337 from State Road 27 to County Road 326 and County Road 345 from State Road 24 in Rosewood to County Road 332, to be placed in the Small County Road Assistance Program for 2004-2005.
Comm. Stevens moved to approve the grant applications for the resurfacing of County Road 337 from State Road 27 to County Road 326 and County Road 345 from State Road 24 in Rosewood to County Road 332, to be placed in the Small County Road Assistance Program for 2004-2005. Comm. Yearty seconded and the MOTION CARRIED.
Mr. Greenlee presented the following request for maintenance on a one (1) time basis:
NE 18th Street, Williston Highlands Unit 14, three hours of grading for an estimated cost of $201.00, beginning at NE 120 Avenue and ending at NE 130 Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NE 150th Avenue, Williston Highlands Golf and Country Club, two hours of grading for an estimated cost of $134.00, beginning at East Levy Street and ending at NE 10th Street.
Comm. Stevens moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
SOLID WASTE
Mr. Benny Jerrels requested Board approval of the Florida Department of Corrections Interagency Public Works Agreement.
Comm. Yearty moved to approve the Florida Department of Corrections Interagency Public Works Agreement. Comm. Stevens seconded and the MOTION CARRIED.
SHIP
Mr. Dick Tummond presented a Subordination Agreement for Stephanie Rich. Mr. Tummond said the request had been reviewed and meets the SHIP policy guidelines. Mr. Tummond stated Atty. Brown had reviewed and approved the form. Comm. Stevens moved to approve the Subordination Agreement. Comm. Yearty seconded and the MOTION CARRIED.
COMMISSIONER’S REPORTS
Comm. Stevens said he received a letter from U. S. Representative Ginny Brown-Waite stating Levy County will be receiving $6,000 to assist in mandate implementation.
Comm. Stevens stated the Williston City Council Meeting on June 22, 2004 will present proposal of the annexation of Camellia Plantation.
Atty. Brown responded to Comm. Stevens stating the advertisement and letter serve as formal notice by the City of Williston for the annexation. Atty. Brown stated this will be the Board’s opportunity to address the annexation.
Comm. Stevens suggested the Board request the City of Williston maintain the road located at the Camellia Plantation if the annex is approved.
Comm. Stevens stated a committee including himself, Mr. Moody, Mr. Corbitt, Sheriff Smith, Mr. Shipp, and Mr. Cook discussed options for veterans and handicap parking at the Courthouse. Comm. Stevens stated additional parking was identified at the greenway located by the Veteran’s Office.
Mr. Moody stated Mr. Hermansen does not have any objections to using the greenway for veterans and handicap parking.
Comm. Stevens stated the committee also identified handicap parking in front of the Public Defender’s Office by Courtroom B. Comm. Stevens stated the Clerk recommended contracting a design engineer for veterans and handicap parking in order to meet the criteria required for the parking. Comm. Stevens stated the Clerk indicated funds have been allocated for the renovation at the Courthouse to include handicap and veterans parking.
Comm. Stevens made a motion to contract Mr. Lee Mills or another design engineer to submit a plan for handicap and veterans parking at the Courthouse as well as a plan for storm water runoff. Comm. Yearty seconded and the MOTION CARRIED.
Chairwoman Rooks announced the Chiefland Area Athletic Association (CAAA) girls fast pitch softball ages 10, 12 and 14 years and under will travel to Jacksonville, Florida to compete at the State All Star tournament June 30 through July 4, 2004. Chairwoman Rooks stated the girls will be having a spaghetti dinner as well as a cake and pie auction on Saturday June 26 at 6:00 p.m. at the Chiefland Elementary School and asked for everyone to come and support the girls as they prepare to represent the County to compete for the State Championship.
Atty. Brown announced she will be discussing the suit filed by White Construction at the next Board meeting and will be requesting to contract outside counsel for legal assistance.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court