REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
December 22 , 1998
The Regular Meeting of the Board of Levy County Commissioners was held on December 22, 1998 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Don Foley
Vice Chairman Frank Davis
Comm. Wilbur Dean
Comm. Sammy Yearty
Comm. Lilly Rooks
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. Skip Hammell followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Rooks moved to approve the following expenditures presented for payment. Comm. Dean seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 17039-17261 (VOIDS 17039; 17050 )
GENERAL FUND $195,526.45
ROAD & BRIDGE FUND 13,992.43
LOCAL HOUSING ASSISTANCE 31,440.00
LOCAL LAW ENFORCEMENT FUND 3,254.00
FINE & FORFEITURE FUND 2,483.97
E911 COMMUNICATIONS 5,429.13
LANDFILL & RECYCLING 6,142.41
COURT FACILITIES FUND 4,467.38
FLORIDA POWER GRANT FUND 843.77
EMERGENCY MEDICAL SERVICE 10,945.99
ST GRANT - JUVENILE JUSTICE 116.00
UTILITIES FUND 818.87
TOTAL $275,460.40
MINUTES
Comm. Davis moved to approve the minutes of the regular meeting of December 8, 1998 and the special meeting of December 11, 1998. Comm. Rooks seconded and the MOTION CARRIED.
BIDS
Mrs. Jacqueline Martin, Board Secretary said two (2) bids have been received for the pickup for Mosquito Control as follows:
Scoggins Chevrolet $16,706.38
White Ford $16,486.00
Chairman Foley appointed Mr. Wayne Hardee, Mr. Skip Hammell and Comm. Rooks to review the bids and to provide their recommendation prior to the adjournment of the meeting.
Mr. Wayne Hardee said the bids were reviewed during the recess and the committee recommended accepting the low bid received from White Ford. Comm. Davis moved to accept the bid from White Ford for a pickup to be used by Mosquito Control. Comm. Dean seconded and the MOTION CARRIED.
COMMISSIONERS
Mr. Billy Cobb presented the recommended holiday schedule for 1999. Comm. Dean moved to adopt the holiday schedule as provided. Comm. Davis seconded and the MOTION CARRIED.
TAX ROLL
Mr. Billy Cobb said approval is needed for the Application for Refund of Non Ad Valorem Assessments submitted by Mr. Jesse Stamper for the Estate of June Stamper. Mr. Cobb said the application was properly submitted but a refund could not be made until the estate had been settled. Comm. Davis moved to approve the refund of Non Ad Valorem Assessment to Mr. Jesse F. Stamper upon approval by the county attorney. Comm. Dean seconded and the MOTION CARRIED.
Mr. Cobb said the following requests for a Certificate of Correction of Non Ad Valorem Assessment have been received:
Charles J. Leptensky, Sr. & Mary C. Leptensky, Holiday times Motel, charged for three (3) units (motel and 2 mobile homes located behind motel and occupied).
Comm. Davis moved to deny the request for a correction of Non Ad Valorem Assessment. Comm. Dean seconded and the MOTION CARRIED.
Donald C. & Elizabeth Bower, 13390 NE 16th Avenue, Trenton, mobile home on property gutted and used for storage/workshop.
Comm. Dean moved to approve the request for a correction of Non Ad Valorem Assessment from two (2) units to one (1) unit. Comm. Davis seconded and the MOTION CARRIED.
Simeon W. & Sharon Lake, Bronson, mobile home removed from property.
Comm. Davis moved to approve the request for a correction of Non Ad Valorem Assessment from two (2) units to one (1) unit. Comm. Dean seconded and the MOTION CARRIED.
ROAD & BRIDGE DEPARTMENT
Mr. Skip Hammell said a Property Damage Release has been received from Owners Insurance Company for the county vehicle damaged in the accident on November 25, 1998 in Chiefland. Mr. Hammell said the settlement offer is $1,286.25 and it will cost approximately $600.00 to repair the truck. Mr. Hammell said repairs have already begun on the truck. Comm. Yearty moved to accept the settlement offer and authorize the chairman to sign the release form. Comm. Rooks seconded and the MOTION CARRIED.
COMMUNICATIONS
Sheriff Ted Glass said the repeater located on the Gulf Hammock radio tower has quit operating. Sheriff Glass said an inspection of the repeater by Mr. Tom MacFarlane indicates that it would be more cost effective to replace the repeater which is approximately 20 years old. Sheriff Glass said quotes have been obtained and he recommends purchasing the GE/Ericsson Master III repeater for $7,860.00 which is upgradeable by software for FY2007. Sheriff Glass said the lowest quote was Midland Syntech II and would have to be replaced in 2007 as it would not upgrade for the new requirements for narrow bands. Comm. Yearty moved to approve the purchase of the repeater for $7,860.00. Comm. Rooks seconded and the MOTION CARRIED.
ROAD & BRIDGE DEPARTMENT
Mr. Fred Treffinger said he had concerns for the safety of the public when the traffic light was not operating at the intersection of US 27 Alternate and SR 24. Mr. Treffinger said he thought a deputy should have been on duty at the intersection. Sheriff Glass said a deputy was on duty until the Department of Transportation placed stop signs at the intersection. Comm. Dean said the Florida Department of Transportation is responsible for the intersection and he would notify them of Mr. Treffinger’s concerns.
COUNTY PROPERTY
Mr. Greg Beauchamp, County Attorney said he has reviewed the contract between First Federal Savings & Loan and Perkins State Bank for the property located on US Highway 27 in Bronson. Mr. Beauchamp said the contract will be assigned to the county by Perkins State Bank for the purchase of the property. Comm. Yearty said he would like to proceed with the purchase of the property once written confirmation is received that the environmental problem is corrected. Mr. Douglas McKoy said he had asked the legislative delegation to consider funding the purchase of the property and would recommend contacting them to determine if funding could be retroactive to the purchase date of the property.
SHIP
Mr. Douglas McKoy said the following Deferred Payment Loan Agreements were being recommended for approval:
William L. & Julie A. Gore, Lot 3 Sumner Place, Cedar Key for $8,400.00
Chris & Stacy Roberson, 7471 NW 95th Street, Chiefland for $12,000.00
Shawn & Jennifer H. Coffey, Lot 13, Annex Heights for $8,190.00
Comm. Davis moved to approve the three (3) Deferred Payment Loan Agreements. Comm. Rooks seconded and the MOTION CARRIED.
UTILITIES
Mr. McKoy said he was recommending the billing of $605.76 to Maryanne P. Zihala of Manatee Springs Utilities be written off. Mr. McKoy said Ms. Zihala has not lived in the home since August 2, 1998 and apparently an unknown source used the water without the knowledge of Ms. Zihala. Mr. McKoy said a billing of $93.36 to Mr. Neil Edge also needs to be written off as Mr. Edge moved from the property on September 13, 1998 and no water was being consumed. Comm. Dean moved to write off the amounts due for Maryanne P. Zihala and Mr. Neil Edge. Comm. Rooks seconded and the MOTION CARRIED.
GRANTS
Mr. McKoy said a request to approve a Satisfaction of Mortgage from Mr. Chet Croft who received funding from a Community Development Block Grant for home improvements. Mr. McKoy said Mr. Croft is refinancing his home and the lending institution has informed him that they will not refinance the home without the satisfaction of the mortgage. Mr. McKoy said the State has been contacted and they do not have any objection of executing the Satisfaction of Mortgage which would satisfy on March, 1999. Comm. Davis moved to approve the Satisfaction of Mortgage and authorize the chairman to sign the satisfaction. Comm. Dean seconded and the MOTION CARRIED.
COUNTY ROADS
Mr. McKoy said he had spoken to the legislative delegation concerning the issuance of citations for hunting from the roadway by the Florida Fish and Game Commission for public roads lying wholly within hunting club areas and/or private landowners which lease to hunting clubs with public roads through the property. Mr. McKoy said Senator Kirkpatrick said a local bill could be submitted to place exemptions on specific roadways. Mr. McKoy said recommendations to consider Old Jackson Trail, Fish Camp Grade, Ellzey Grade, Buck Island grade and a portion of Wekiva Road for an exemption. Mr. McKoy said a condition of the exemption would be that the property owners must agree to the exemption to allow hunting from the roadway, also a sign must be placed every 500 feet and at the entry and exit area that hunting from the roadway is permitted. Mr. McKoy said he would recommend requesting the Florida Game and Fresh Water Commission to make an exception on placing that many signs on the roadways. Comm. Yearty moved to approve the concept and request the county attorney to draft a proposal listing specific roads only located in hunt clubs. Comm. Dean seconded and the MOTION CARRIED.
ROAD CLOSING
Chairman Foley called the public hearing advertised for the following road closings at 10:30a.m. Mr. Greg Beauchamp read the resolution for the proposed road closing of:
Request from Mr. Robert J. Glassburn for : The East 30 feet of the South ½ of the South ½ of the Southwest 1/4 of the Northwest 1/4 of Section 23, Township 14 South, Range 17 East. Said lands situate, lying and being in Levy County, Florida.
Mr. Tom Place, Ms. Charlotte Junker, Mr. Wade Bercaw, Mr. Douglas Eaton, Mr. John Levantini, and Ms. Margie Meader as surrounding land owners spoke in opposition of the road closing citing accessibility for emergency vehicles, emergency ingress and egress for residents and the purchase of the land with the understanding that it was a public easement and would not be closed.
Doreen & R. Mark Alderman, Ricky & Susan Bradley, Michael Stuhler & Wendy Statory Link, Don & Chris Carswell, Frank Darnell (sic), Tina & Chris Arters, Carol Hollinshead, Bette a. Moore, and Andres R. Quincoses wrote letters of opposition to the road closing.
Mr. Robert Glassburn said he was making the request for the road closing to allow enough easement for building on the property at the front. Mr. Glassburn said the property was (ten) 10 acres and had a dry lake bed on it which was not buildable.
Comm. Yearty said he had a concern of vacating a road when the majority of the surrounding property owners were in opposition. Comm. Yearty moved to approve a resolution to deny the vacation, abandoning and closing of the roadway. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Beauchamp read the resolution for the following proposed road closing:
Beginning at a point 890 feet east of the easterly right of way of State Road 24 and ending at a point 1247 feet est and northeast of said Point of Beginning as measured along the center line of said Levy County Road No. C-24B. Said land situate, lying and being in Section 18, Township 12 South, Range 17 East in Levy County, Florida.
Mr. Barney Cannon said he would be in opposition of the closing unless a provision could be made that the alternate public access of Main Street was paved prior to the closing of the road. Comm. Dean said the Town of Bronson had committed that proviso in writing to the county. Comm. Dean said he had received written opposition to the road closing from Mr. Donald Holmes.
Ms. Edith Brown, Mayor of Bronson said the request for the road closing if for the safety of the children and residents utilizing the recreation park. Mrs. Brown said grant funding of $75,000.00 to improve the park with the ball field and track would be jeopardized if the road is not closed. Mrs. Brown said the city council of Bronson was unanimous in the acceptance of the proposed road closing. Comm. Dean said he has received a petition from all of the residents who live on C-24B and they are in approval of the road closure at the recreation park. Comm. Dean moved to approve the resolution and the road closing with the condition the Town of Bronson will pave an alternative route prior the closing of C-24B. Comm. Davis seconded and the MOTION CARRIED.
SALARIES AND WAGES
Comm. Dean moved to increase Robert Baylor at Mosquito Control from $9.435 to $9.75 per hour effective January 4, 1999. Comm. Davis seconded and the MOTION CARRIED.
Comm. Dean said several departments have not yet turned in change of classifications for some of the employees. Comm. Dean said when the recommendations are submitted by the department heads they will be presented.
Comm. Dean moved to increase Harold Durrance with Mosquito Control from $8.4508 to $8.75 effective January 4, 1999. Comm. Davis seconded and the MOTION CARRIED.
Comm. Dean moved to increase Melody LaFlam with the Planning Department from $7.64 to $8.45 per hour. Comm. Davis seconded and the MOTION CARRIED.
Comm. Dean moved to increase Paula E. Lane with Emergency Management from $8.61 to $9.50 per hour. Comm. Davis seconded and the MOTION CARRIED.
COUNTY EMPLOYEES
Comm. Dean moved to make a change in policy to pay employees who are unable to use their excess annual leave over 352 hours due to circumstances beyond their control. Comm. Rooks seconded. Comm. Yearty said he was concerned how the decision would be made to determine which employees would be paid and what would be considered circumstances beyond control. Mr. Greg Beauchamp said he would not recommend a case by case basis but establishing specific circumstances to determine circumstances beyond an employees control and not be considered discriminatory. Comm. Dean said circumstances involving medical leave, military leave could be considered as circumstances beyond an employees control and the MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Don Foley, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court