Levy Minutes 08/19/1997

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

August 19, 1997

The Regular Meeting of the Board of Levy County Commissioners was held on August 19, 1997 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Sammy Yearty

Vice Chairman Don Foley

Comm. Wilbur Dean

Comm. Don Lindsey

Comm. Frank Davis

Also present were:

County Attorney Gregory V. Beauchamp

Clerk of Court Douglas M. McKoy

Administrative Assistant William C. Cobb

The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Douglas M. McKoy followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

The following expenditures were presented for payment.

FUND AMOUNT
CHECK NUMBERS: 9198- 9399 (VOIDS 9198; 9381; 9394 )

GENERAL FUND $110,687.15

ROAD & BRIDGE FUND 79,336.04

LOCAL HOUSING ASSISTANCE 47,190.88

LOCAL LAW ENFORCEMENT FND 1,428.00

FINE & FORFEITURE FUND 12,732.01

EMERGENCY 911 5,707.39

LANDFILL & RECYCLING 13,207.15

LAW ENFORCEMENT TRUST FUND 308.00

FLORIDA POWER GRANT FUND 329.57

EMERGENCY MEDICAL SERVICE 10,789.90

LOCAL LAW ENF BLOCK GRANT 2,110.68

FIRE CONTROL FUND 35,888.25

ADD REV BOND DEBT SERVICE 419,916.25

TOTAL $739,631.27

Comm. Dean moved to approve the bills for payment. Comm. Davis seconded and the MOTION CARRIED.

MINUTES

Comm. Lindsey moved to approve the minutes of the regular meeting on August 5, 1997. Comm. Foley seconded and the MOTION CARRIED. Comm. Dean moved to approve the minutes for the special meeting on August 14, 1997 and special meeting on August 16, 1996. Comm. Davis seconded and the MOTION CARRIED.

INSURANCE/BIDS

Ms. Heather Alexander, Board Secretary opened the insurance bids at 9:15 a.m. for Workers Compensation, Electronic Data Processing, General Liability, Public Officials Liability, Automotive Liability, Airport Liability and Commercial Crime. Bids were received from the following:

Risk Management Associates, Bliss-McKnight, Poe & Brown, Howard Hall Agency, Inc., Arthur J. Gallagher & Company

Chairman Yearty appointed a committee of Comm. Foley, Mr. Billy Cobb, Mr. Greg Beauchamp and Mrs. Jacqueline Martin to review the bids and to provide recommendations at the next regular meeting.

RAILROADS

Mr. Lee Schlusemeyer of James B. Pirtle Construction Company spoke concerning the railroad crossing at Winding Oaks Subdivision and the proposed agreement with the county. Mr. Schlusemeyer said that the CSX Railroad will not work with a private corporation for the repair of the crossing. Mr. Schlusemeyer said that James B. Pirtle Construction Company will assume the total cost for the construction, however, CSX requires the agreement to be with the county.

County Attorney, Mr. Greg Beauchamp said he was concerned about the liability exposure and the responsibility for upkeep and repair of the crossing. Mr. Beauchamp said that assurance was needed that liability insurance would be provided by the contractor. Mr. Schlusemeyer said that work was almost completed and they would provide the liability coverage. Mr. Schlusemeyer said the plat is stamped that the subdivision is a MSTU taxing district and this assessment will provide the funding for maintenance and repair of the crossing. Comm. Dean moved to enter into the agreement with CSX Railroad after it has been reviewed by the county attorney. Comm Davis seconded and the MOTION CARRIED.

Mr. Schlusemeyer said that the "As built" drawings had been returned by the Suwannee River Water Management District but not approved by the Road and Bridge Department. Mr. Skip Hammell will review the "As built" drawings and will approve if the criterion has been met.

Chairman Yearty asked for an update on the repairs to the Morriston railroad crossing. Mr. Skip Hammell said that the railroad has said that they will repair it this month. Mr. Hammell said the railroad had said that they would repair it previously. Mr. Hammell will contact the railroad to secure a definite date of repair.

MUNICIPALITIES

Mr. Billy Cobb said the Town of Bronson had made a request for several loads of fill dirt for the ball park. Mr. Cobb said that he had been informed when the ball park was leveled they were short on fill dirt. Comm. Dean moved to approve hauling several loads of fill dirt for the Town of Bronson’s ball park. Comm. Davis seconded and the MOTION CARRIED.

EMERGENCY MANAGEMENT SERVICES/BUDGET

Mr. Billy Cobb made a request to move the reserve contingency fund of $100,000.00 to the personal services line item in the EMS budget. Comm. Davis moved to approve the request. Comm. Dean seconded and the MOTION CARRIED.

GRANTS/LANDFILL

Mrs. Donna Conquest asked said the following grant applications were prepared for approval.

Recycling & Education Grant Agreement $94,122.00

Waste Tire Grant Agreement $17,780.00

Small County Grant Agreement $50,000.00

Litter Control & Prevention Grant Agreement $10,000.00

Comm. Dean moved to approve the grant agreements. Comm. Lindsey seconded and the MOTION CARRIED.

Mrs. Conquest said that the Small County Grant was used for improvements at the landfill.

SHERIFF

Sheriff Ted Glass asked for authority to expend $17,800.00 from the Inter-Government Communications Fund to upgrade the communication frequencies for Yankeetown, Inglis, Gulf Hammock, Cedar Key, Rosewood and Fowler’s Bluff. Sheriff Glass said that $11,800.00 would be for a high band VHF repeater on the Florida Marine Patrol tower in Cedar Key to enhance service for the fire districts. Sheriff Glass said the remaining $6,000.00 would be to enhance the Channel One (1) band with a receiver in the Yankeetown/Inglis area.

Sheriff Glass said that this had not been advertised for bids since the equipment is already in stock and they will be using used equipment. The primary use of the funds will be for the installation on the towers and there is not a single-source provider being used for the work. Sheriff Glass said that he would provide documentation of the quotes obtained for the equipment and labor not handled by the county employees.

Sheriff Glass said that if the department had advertised for bids the cost estimated would be approximately $32,000.00

Comm. Dean moved to approve the expenditure from the Inter Government Communication Fund. Comm. Lindsey seconded and the MOTION CARRIED.

MISCELLANEOUS

Chairman Yearty said that the Cedar Key Historical Society has requested support for the restoration project of the Andrews home, in the application for an additional State grant. Comm. Lindsey moved to support the grant application. Comm. Foley seconded and the MOTION CARRIED.

LICENSE AND PERMITS

Rick Hale, of the Lake Stafford Country Club asked for a permit to install a power pole for use on a well and for a public address system. Chairman Yearty asked Mr. Rob Corbitt to meet with Mr. Hale to provide him with the information on the requirements for a special use permit. Mr. Hale said that he would want a permanent power pole at the sight. Mr. Hale is to provide a narrative on the proposed usage and submit it with his request for a special permit.

BUDGET/LANDFILL

Mr. Billy Cobb said that a budget transfer of $65,389.00 from reserve for contingencies to personal services and operations was needed. Comm. Dean moved to approve the transfer. Comm. Davis seconded and the MOTION CARRIED.

AGENCIES

Mr. Vaughn Gragg, Executive Director of The Bread of the Mighty Food Bank, Inc. said that they had signed an agreement for the Second Harvest Food Banks. He said that they have set up block sites and are asking for assistance in distribution . Mr. Gragg said that Levy, Gilchrist and Dixie counties create one (1) block site. Chairman Yearty asked Mr. Gragg for more specific information about assistance requested in the distribution process.

Mrs. Juanita Melchoir said the governing board met on the third Monday of each month at noon in Gainesville and invited any of the government staff to join.

COUNTY EMPLOYEES

Mr. Greg Beauchamp, County Attorney said that he had received notification from the Florida Commission on Human Relations that the case filed by Mrs. Sarah Miller had been reopened and he would be filing the appropriate response.

MSTUs

Mr. Greg Beauchamp said if any changes in the special assessments are going to be considered for the ensuring year, a special hearing needs to be advertised and a resolution prepared.

ROAD AND BRIDGE DEPARTMENT

Mr. Skip Hammell said that the balance of $55,652.92 payable to White Construction Company should be released as the work on County Roads 105 and 316 had been completed and that the County Engineer and he were satisfied with the repairs. Comm. Dean moved to pay White Construction Company the balance owed. Comm. Davis seconded and the MOTION CARRIED.

Comm. Dean said that he had been notified of problems developing north of CR 337 on property developed by Diversified and recently being sold by a new owner. Comm. Dean said that consideration needed to be made on a possible moratorium on the issuance of building permits until stable roads are developed in the area. Mr. Skip Hammell said that he had investigated the problem and would not issue permits for a driveway until proper stabilization of the roads had been made. Chairman Yearty asked Mr. Greg Beauchamp, Mr. Skip Hammell and Mr. Rob Corbitt to review the issue and have their recommendations at the next regular meeting.

ROAD MAINTENANCE

Mr. Skip Hammell presented two (2) requests for maintenance on a one(1) time basis as follows:

Grade roads in Bronze-sun Acres which are dedicated to the public.

Comm. Dean moved to approve the request. Comm. Lindsey seconded and the MOTION CARRIED.

NE 69th Place from NE 101st Court to NE 100 Court, Bronson Heights Unit 4.

Comm. Dean moved to approve the request. Comm. Davis seconded and the MOTION CARRIED.

Comm. Lindsey moved to repair on a one (1) time basis the cul de sac in Cedar Key Mobile Home Village. Comm. Foley seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Skip Hammell said that the agreement with Georgia Pacific for mining the rock pits on their property had been received and reviewed by the County Attorney. The agreement allows for the county to retain 50% of the rock mined using the county equipment. Comm. Davis moved to accept the agreement. Comm. Dean seconded and the MOTION CARRIED. Comm. Lindsey announced that he had filed a Conflict of Interest on this issue and it is attached to the minutes of July 22, 1997 regular meeting.

PLANNING, COUNTY

Mr. Herb Heesch said that they had met with the Department of Community Affairs (DCA) and the plan to retain all commercial nodes but reduce the size of the commercial nodes was favorably met.

Mr. Heesch said the zoning of Mr. Cook’s property outside of Williston also was discussed and it was recommended that consideration be made to placing a commercial node in the area. Mr. Heesch and Mr. Billy Cobb will review the area for growth and usage and contact other property owners for their input. Mr. Heesch said that a change in the Comprehensive Land Use Plan could not be made until the next scheduled plan amendment period.

Mr. Heesch said that the Department of Community Affairs (DCA) had reviewed the Evaluation and Appraisal Report and it was ready for copies to be printed. Mr. Heesch asked for authorization for an expenditure of $500.00 for the printing of 10 copies for the Evaluation and Appraisal Report and the Emergency Management for a total of 20 copies. Chairman Yearty asked that prior to printing the reports that Mr. Heesch contact local printers within the county for estimates to make the copies.

Mr. Heesch said he had received the Housing Need Assessment from the University of Florida and that the Housing Need Analysis needed to be initiated. He said the Department of Community Affairs (DCA) would not delay their review of the Evaluation and Appraisal Report. Mr. Heesch said he plans to have all of the information transmitted by the end of September to the Department of Community Affairs (DCA)..

Mr. Heesch said Mr. Ferrell Croft was preparing map drafts for the Municipal Services Districts (MSDs) and public hearings before the Planning Commission would be held throughout the ensuing year for review and recommendations.

Mr. Heesch said any updates to the Comprehensive Land Use Plan should be able to begin by January 1998.

Mr. Heesch said the Site Development Review committee would be meeting with Suwannee River Water Management District for a workshop. He said the information being prepared would then be incorporated into the proposed Levy County Water Plan.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow said he has been reviewing possible avenues for increasing the funds for Emergency Medical Services. He said one consideration is to increase fees for transporting Basic Life Support, Advanced Life Support and mileage. Mr. Beddow said presently the county does not charge as high a rate as surrounding counties. Mr. Beddow said the increases in costs for medical supplies have had an affect on the expenditures in the department. Mr. Beddow said with the commitment of the Advanced Life Support in Cedar Key the budget will have a $100,000.00 shortfall without some decision for additional funding.

Chairman Yearty said efforts were being made to have the Emergency Medical Services self-sufficient without having to use ad-valorem assessments for funding. Comm. Foley said he was not in favor of increasing the cost for transporting patients and said possible consideration could be made in charging a flat rate for people who are not transported but treated at the scene. Mr. Billy Cobb said at one time this was done but nonpayment of the fees exceeded the collection rate. Mr. Cobb said some of the reasons for non-collection were that insurance companies, Medicare and Medicaid would not pay if the person was not transported. Mr. Cobb said another reason was if the person did not call the ambulance for treatment then they did not feel responsible for any treatment rendered.

BUDGET/WORKSHOP

Mr. Douglas M. McKoy, Clerk of the Court requested that the Budget Workshop be scheduled for Tuesday, August 26, 1997 at 7:00 p.m. Chairman Yearty scheduled the workshop as requested and advised staff to provide notice as required.

GRANTS/ECONOMIC DEVELOPMENT GRANT

Mrs. Carol McQueen said a request to deobligate funding of the economic development grant awarded in June 1996 for The Pines of Nature Coast was being prepared. She said due to down sizing of the project by the owners, the project was no longer eligible for funding. Mrs. McQueen said up to $8,000.00 was available for billing administrative costs. Mrs. McQueen said the time invested by Levy County Development Authority and by her would probably be less than $5,000.00 in administrative fees. Comm. Davis moved to apply for the administrative funds for reimbursement of costs. Comm. Dean seconded and the MOTION CARRIED.

SHIP

Mrs. Carol McQueen presented four (4) Deferred Payment Loan Agreements for approval as follows:

Ava Acree, Tract 210 feet on Hwy In SW 1/4 of NW 1/4 of NE 1/4 or Book 590 Page 217,

for $5,000.00.

Comm. Davis moved to approve the Deferred Payment Loan Agreement. Comm. Dean seconded and the MOTION CARRIED.

Bruce A. And Debra A. Dinsmore, 1 acre MOL, N 264 ft of the East ½ of Lot 21, Block E, Suwannee River Farms S/D, for $12,500.00.

Comm. Lindsey moved to approve the Deferred Payment Loan Agreement. Comm. Dean seconded and the MOTION CARRIED.

Cathy Richburg and Calla Neil, 10991 N. W. 88th Terrace, Chiefland, for $10,000.00.

Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Lindsey seconded and the MOTION CARRIED.

Susan P. Potter, Lot 18 & 19 Eleanor Village, for $5,619.38.

Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Lindsey seconded and the MOTION CARRIED.

RESOLUTIONS

Mr. Ron Cason of Long Pond Baptist Church asked the month of September be declared Southern Gospel Music month. Comm. Lindsey moved to approve a resolution declaring the month of September Southern Gospel Music month. Comm. Dean seconded and the MOTION CARRIED.

GRANT/NEIGHBORHOOD REVITALIZATION

Mr. Douglas M. McKoy said the county did not receive the Community Development Block Grant for Neighborhood Revitalization for road improvements. Mr. McKoy said funding was missed by two (2) positions and the majority of funding awarded to municipalities for sewer and water projects.

TAX ADJUSTMENT BOARD

Clerk of Court, Mr. Douglas M. McKoy said members should be designated for the Value Adjustment Board. Mr. McKoy said the hearings should be scheduled in a time frame of September 24 to October 9, 1997.

UTILITIES

Mr. Douglas M. McKoy said the Department of Environmental Regulation (DER) has requested Manatee Springs Utilities have land cleared, general upkeep, and the replacement of two (2) tanks. Mr. McKoy said the county is now responsible for the utility but does not own the land. Mr. McKoy said some of the users have not been paying for services and this needs to be rectified. Mr. Greg Beauchamp said he had received a list of owners which include all users of the system. Mr. Beauchamp said he understood the system was in receivership and permission for access would not be a problem.

COMPUTERS

Mr. Douglas M. McKoy said a consultant with the Florida Association of Court Clerks would be meeting with individual department heads on August 20, 1997 at 11:00 a.m. to discuss computer needs for the departments and consideration for a centralized system.

MISCELLANEOUS

Mr. Douglas M. McKoy said he had attended a Constitutional Revision Committee meeting and would recommend contact be made to the Florida Association of Counties to provide the county’s input for constitutional revision. Mr. McKoy explained that there was a dispute among the Florida Association of Counties relating to providing facilities for the Judiciary. Mr. McKoy said releasing full control of the judicial portion to the state possibly would have an adverse effect on meeting the needs of the people of our county. Mr. McKoy said he would continue to inform the Board on information from the Constitutional Revision Committee.

FIRE DISTRICTS

Ms. Susan Marshalek said she had received numerous calls from residents of Peaceful Acres subdivision concerning the fire service from Inglis. Ms. Marshalek said the residents had indicated that they wanted their own fire department and what did they need to do to obtain one. Mr. Bill Beddow and Mr. Billy Cobb said the issue had been addressed by the Fire Advisory Committee and that a separate department was not recommended at this time. Mr. Beddow said he would inform the Fire Advisory Committee of the concerns by the residents from Peaceful Acres. He said the Fire Advisory Committee meetings are public and anyone may attend.

MISCELLANEOUS

Mr. Douglas M. McKoy read a letter he received from Toni Leeman, President of The Coalition Advocating Medical Marijuana indicating they would be setting up an educational booth outside the courthouse on October 28, 1997. Chairman Yearty asked Mr. Greg Beauchamp, County Attorney to respond to the notice.

COUNTY EMPLOYEES

Comm. Dean recommended pay increases for the following employees with the Road and Bridge Department:

Bruce Greenlee, $8.7099 per hour to $9.2850 per hour, as an Equipment Operator II.

James Horne, $8.7099 per hour to $9.2850 per hour, as an Equipment Operator II.

Robert Stephens, $10.3789 per hour to $10.7859 per hour, Finish Grader Operator.

Quinton Parker, $8.7228 per hour to $9.1588 per hour, Equipment Operator III.

Comm. Dean moved to increase the rate of pay for the employees with the Road and Bridge Department effective the current pay period. Comm. Davis seconded and the MOTION CARRIED.

ROAD MAINTENANCE

Comm. Davis said repairs need to be made on County Road 109 on the south side of Orange Hill Cemetery. Comm. Davis said the cost would be approximately $4,400.00 to make necessary repairs. Comm. Davis said previous work on County Road 109 and an adjacent road have caused a change in the water flow and the road is holding water and channeling into the cemetery. Comm. Davis moved to authorize the expenditure for road maintenance. Comm. Dean seconded and the MOTION CARRIED.

WATER CONTROL AND WATER BOARDS

The fourth scheduled workshop with Suwannee River Water Management District convened at 1:30 p.m. for discussion of the proposed Levy County Water Plan. Information and discussion on the eco system protection and the minimum flows and level of water in the Suwannee River Basin was presented.

Chairman Yearty asked for contact with the residents along the Little Wekiva concerning inquiries on the water usage by the water bottling plant.

Mr. Jerry Scarborough said they would being compiling the information and data from the workshops for presentation and review of the proposed Levy County Water Plan in October.

LIBRARY

Mrs. Janet Stauff, Bronson representative of the Levy County Library Board, said she had received notification that Marion County would be replacing the City of Ocala as the governing body for the Central Florida Regional Library system. Mrs. Stauff said she has not been able to obtain all of the names of the representatives on the board and was uncertain if anyone was aware of the proposed change.

Mr. Billy Cobb said a draft copy of the contract which renews October 1997 had been received and that there are no major changes from previous contracts for services provided.

Chairman Yearty said the county still supported the Library Board and encouraged Mrs. Stauff to work with other active members on the board. Chairman Yearty said the Library Board would have continued support.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Sammy Yearty, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court