REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
October 19, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on October 19, 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:
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 Comm. Tony Parker 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.
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MINUTES
Chairwoman Rooks asked that the regular Board Meeting Minutes and the Special Meeting for September 21, 2004 be tabled.
AGENCIES
A representative of the Veterans of Foreign Wars requested Chairwoman Rooks sign a Proclamation recognizing “Veteran’s Appreciation Week”. The week of recognition is from November 7, 2004 thru November 13, 2004.
Comm. Bell moved for the Chairwoman to sign the Proclamation recognizing “Veteran’s Appreciation Week”. Comm. Yearty seconded and the MOTION CARRIED.
MISCELLANEOUS
Judge Joseph Smith requested control of temperature on the air conditioner in the Courthouse. Judge Smith stated the Courthouse has forty six (46) units and there are many situations that need to be addressed. Mr. Jimmy Jones stated that he is looking into getting one company to work on all units. Comm. Parker suggested that the County go back to the original vendors that installed these units and make them liable for the work that was done or not done, instead of throwing our hands up and not making them responsible for the problems. Mr. Jones stated that he is working on a proposal from EnvirTemp to service all units. Chairwoman Rooks requested that the matter be tabled.
Mr. George Hermansen requested that Levy County adopt the 1st Annual Veterans Day Parade. Mr. Hermansen requested the closure of Court Street in Bronson on November 11, 2004 from 1:30pm to 3:00pm. Mr. Hermansen also requested the Boards’ participation in the parade.
Comm. Bell moved to close Court Street and allow the parade. Comm. Parker seconded and the MOTION CARRIED.
BUSINESS DEVELOPMENT
Mr. Lannie Cardona, Nature Coast Business Development Council, requested approval of a funding agreement between the Board of County Commissioners and the Nature Coast Business Development Council for fiscal year 2004-2005.
Comm. Bell moved for Chairwoman Rooks to sign the agreement as presented. Comm. Yearty seconded and the MOTION CARRIED.
COUNTY COORDINATOR
Mr. Freddy Moody provided an update on the Union negotiations. Mr. Moody stated that the Union would like to receive a 3% increase this year only effective October 1st and freeze the Step Plan.
Comm. Yearty moved to adopt the recommendation for the 3% increase. Comm. Parker seconded and the MOTION CARRIED.
Mr. Moody requested that a committee be appointed to address the Animal Services issues. Attorney Anne Brown requested that Mr. Moody appoint the members for this committee and not the Board due to a Sunshine law problem.
Comm. Yearty moved to allow Mr. Moody to appoint members. Comm. Parker seconded and the MOTION CARRIED.
CORRESPONDENCE
Ms. Margaret Knight requested a permit for the Fall Withlacoochee Bluegrass Jamboree to be held November 5, 6, and 7, 2004.
Comm. Yearty moved to allow the Fall Withlacoochee Bluegrass Jamboree. Comm. Bell seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Mark Johnson requested approval of an agreement for the Emergency Management Preparedness and Assistance Base Grant. Mr. Johnson stated that the amount of the grant is $102,959.00.
Comm. Yearty moved to approve the agreement. Comm. Parker seconded and the MOTION CARRIED.
Mr. Johnson requested approval to purchase a vehicle under the Progress Energy Grant. Mr. Johnson stated this purchase has been budgeted for the 2004-2005 agreement with Progress Energy.
Comm. Stevens moved to approve the purchase. Comm. Yearty seconded and the MOTION CARRIED.
TRANSPORTATION
Ms. Desiree Painter requested approval by the Board for the Transportation Disadvantaged Medicaid Non-Emergency Transportation Program Agreement. Ms. Painter stated the Service Agreement is in the amount of $467,286.00 over a twelve (12) month period.
Comm. Parker moved to approve the Transportation Disadvantaged Medicaid Non-Emergency Transportation Program Agreement. Comm. Yearty seconded and the MOTION CARRIED.
Ms. Painter requested approval of a Medicaid Waiver Services Agreement.
Comm. Bell moved to approve the Agreement. Comm. Parker seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Bruce Greenlee presented the following requests for road maintenance on a one (1) basis:
NE 110 Ave., University Estates, one (1) load of rock and two (2) hours of grading for an estimated cost of $434.00, beginning at NE 80th Street and ending NE 70th Street.
Comm. Parker moved to approve the maintenance. Comm. Stevens seconded and the MOTION CARRIED.
NE 78 Lane, University Estates, one (1) load of rock and two (2) hours of grading for an estimated cost of $434.00, beginning at NE 110th Street and ending NE 110th Ave.
Comm. Parker moved to approve the maintenance. Comm. Bell seconded and the MOTION CARRIED.
SE 110th Ave., SE 194th Street, Old Cannon Farmsites, three (3) hours of grading for an estimated cost of $201.00, beginning at C40 East and ending at the end of that road.
Comm. Yearty moved to approve the maintenance. Comm. Bell seconded and the MOTION CARRIED.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested approval of the Sprint annual drop permit. Mr. Greenlee stated that this permit is for a blanket utility for new buried service.
Comm. Bell moved to accept the annual drop permit for Sprint. Comm. Stevens seconded and the MOTION CARRIED.
Mr. Greenlee requested to have one (1) of two (2) quotes approved to repair a D5 bulldozer. Mr. Greenlee stated that the first quote is from Ring Power with an estimate of $17,678.79 and the second estimate is from Heavyquip Parts and Services in the amount of $10,603.10.
Comm. Parker moved to approve the quote from Heavyquip Parts and Services. Comm. Bell seconded and the MOTION CARRIED.
MUNICIPALITY
Mr. Norm Fugate requested approval of the 2004-2005 Fire Protection Agreement allocating the assessments received by the County for Fire District Seven (7) to the City of Chiefland and for Fire District Ten (10) to the City of Williston.
Mr. Fugate stated that in order to provide fire protection services within Levy County, the County has historically entered into an agreements with both municipal and independent volunteer fire departments, funded by the County by allocating to the various departments the revenues obtained from special assessments imposed upon parcels located in the County. Mr. Fugate also stated, in previous years, both the City of Williston and the City of Chiefland have requested, but have not received, increases in the allocations to their respective fire departments to cover the significant unfunded costs of providing fire protection services in the unincorporated areas of the County. Additionally, a recent analysis of the special assessments imposed by the County indicate that the assessments collected in Fire Districts Seven (7)-Chiefland and Fire District Ten (10)-Williston are substantially in excess of the amounts allocated to the two cities under the Fire Protection Agreements with the two cities. Mr. Fugate further stated that the County residents in District Seven (7) and District Ten (10) are paying a disproportionate amount for fire protection services.
Comm. Yearty recommended a comprehensive study or plan of the entire County on the equal allocation of funds for both small and large Districts.
Comm. Yearty moved that Mr. Moody form a group or committee to make a recommendation of an agency who can help with a comprehensive study in the situation set forth and make a recommendation to the Board. Comm. Parker seconded and the MOTION CARRIED.
PUBLIC HEARING
Attorney Anne Brown requested a proposed resolution to close portions of Melandy, Darrow, Willow and Trenton streets located in Midway Heights. Mr. Greenlee found that these closings will have no adverse affect on the County.
Chairwoman asked for public comment and none was presented. Comm. Stevens moved to accept the resolution to close the aforementioned roads. Comm. Parker seconded and the MOTION CARRIED.
Attorney Brown requested a proposed resolution to close a portion of SW 133rd Street in Cedar Key. Mr. Greenlee stated that the Road Committee recommended denial of the request to close a portion of SW 133rd Street.
Chairwoman asked for public comment. Ms. Thibodeau stated that everyone on her street is opposed to closing a portion of SW 133rd Street. Comm. Yearty moved to deny the resolution to close a portion of SW 133rd Street. Also, Comm. Yearty moved to have Attorney Brown prepare a new resolution to deny the closing of the aforementioned street and have Chairwoman Rooks sign the resolution. Comm. Bell seconded both and MOTION CARRIED.
PUBLIC COMMENTS
Mr. Fred Oliver requested the Board’s attention on a code enforcement violation. Mr. Oliver stated that in July 2004, he called the Levy County Code Enforcement with a complaint. Mr. Oliver also state that an Officer investigated the site and the Officer was in agreement that the site was in violation. Mr. Oliver stated that C & M Mobile Home Sales is hauling their junk mobile homes to this lot next to them and making it an illegal dump site. Mr. Oliver further stated that the Code Enforcement Office did issue a citation. Comm. Yearty requested that Mr. Moody call the Code Enforcement Officer and follow up with this aforementioned issue.
SHERIFF
Ms. Edith Brown requested that the Board hear a non-agenda item.
Comm. Stevens moved to hear the non-agenda item. Comm. Parker seconded and the MOTION CARRIED.
Ms. Brown requested approval on a Domestic Security Grant which is part of the Homeland Security Law Enforcement Service and Prevention Funding. Ms. Brown stated that the grant is in the amount of $ 30,000.00. Sargent Scott Finnen further informed the Board that this money will be spent on helmets, shields and night vision goggles.
Comm. Yearty moved to accept the Domestic Security Grant. Comm. Parker seconded and the MOTION CARRIED.
SHIP
Ms. Sheila Rees presented the following Deferred Payment Loan.
Mathew and Shannon Large of Williston in the amount of $9,180.00.
Comm. Stevens moved to approve the Deferred Payment Loan. Comm. Parker seconded and the MOTION CARRIED.
Ms. Rees presented the following Satisfaction of Mortgage.
Damian Cardinal of Chiefland in the amount of $5,445.36. Mr. Cardinal paid in full his obligation with the Board on September 2004.
Comm. Stevens moved to approve the Satisfaction of Mortgage. Comm. Bell seconded and the MOTION CARRIED.
Ms. Rees presented the following Subordination Agreement.
Dianne Cook of Morriston is wanting to refinance her mortgage and is asking the Board for the Subordination Agreement. Attorney Brown has looked at the Agreement and finds that there are situations with the Agreement and asked that the Board approve the Subordination Agreement subject to her approval.
Comm. Yearty moved to approve the Subordination Agreement subject to Attorney Brown’s approval. Comm. Stevens seconded and the MOTION CARRIED.
ATTORNEY
Attorney Anne Brown requested acceptance of a Proclamation Recognizing National Epilepsy Awareness Month in November. Attorney Brown read the Proclamation into the record.
Comm. Stevens moved to accept the Proclamation to Recognize National Epilepsy Awareness Month in November. Comm. Parker seconded and the MOTION CARRIED.
Attorney Brown requested the ratification of Emergency Declarations 2004-63, 2004-64, 2004-65, 2004-66, 2004-67 and 2004-68 pertaining to recent tropical storms and hurricanes.
Comm. Stevens moved to approve the ratification of the aforementioned Emergency Declarations. Comm. Yearty seconded and the MOTION CARRIED.
Attorney Brown requested the adoption of Emergency Declaration 2004-69 pertaining to the Hurricane Charley and Tropical Storm Bonnie.
Comm. Stevens moved to adopt the Emergency Declaration 2004-69. Comm. Parker seconded and the MOTION CARRIED.
Attorney Brown requested the adoption of Emergency Declaration 2004-70 pertaining to Hurricane Frances.
Comm. Stevens moved to adopt the Emergency Declaration 2004-70. Comm. Parker seconded and the MOTION CARRIED.
COMMISSIONER’S REPORTS
Chairwoman Rooks provided an update regarding the Florida Association of Counties. Chairwoman Rooks stated that several Commissioners from different counties were invited to a meeting with the new President of the Association. Chairwoman Rooks further stated that there will be several meetings scheduled in the next month that will help in addressing Levy County’s concern.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court