REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
February 16, 19 99
The Regular Meeting of the Board of Levy County Commissioners was held on February 16, 1999 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Frank Davis
Vice Chairman Wilbur Dean
Comm. Don Foley
Comm. Sammy Yearty
Also present were:
County Attorney - Gregory V. Beauchamp
Clerk of Court - Douglas M. McKoy
County Administrator - 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. Foley moved to approve the following expenditures presented for payment. Comm. Dean seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 17805- 18109(VOIDS 17809; 18101 )
GENERAL FUND $206,728.27
ROAD & BRIDGE FUND 221,762.70
LOCAL HOUSING ASSISTANCE 29,640.00
FINE & FORFEITURE FUND 21,804.45
E911 COMMUNICATIONS 5,414.29
LANDFILL & RECYCLING 12,030.70
LAW ENFORCEMENT TRUST FUND 7,200.00
FLORIDA POWER GRANT FUND 24,711.09
EMERGENCY MEDICAL SERVICE 15,503.55
SPECIAL CONSTRUCTION 273,845.33
FIRE CONTROL FUND 70,641.25
INTERGOVERNMENTAL COMMUN 16,805.01
ADD REV BOND DEBT SERVICE 205,620.00
UTILITIES FUND 1,944.60
MSTU-RAINBOW LAKES ESTATE 99.52
COURT FACILITY 14,553.01
TOTAL $1,128,303.77
MINUTES
Comm. Foley moved to approve the minutes of the regular meeting of February 2, 1998. Comm. Dean seconded and the MOTION CARRIED.
GRANTS
Mrs. Carol McQueen said the topographical, surveys and easements being prepared by Mills Engineering and transmitted to Mittauer & Associates for the Community Development Block Grant (CDBG) on neighborhood revitalization to improve roads is proceeding and should be ready for transmittal to the Department of Community Affairs (DCA) for approval by April, 1999. Mrs. McQueen said construction of the roads would begin June - July, 1999. Mrs. McQueen said the match funds of $150,000.00 would be the clearing and grubbing done by the Road Department. Mrs. McQueen said the pay scale must follow the federal Davis-Bacon Rules to qualify the grant.
SHIP
Mrs. McQueen presented the following Deferred Payment Loan Agreements for consideration:
Gloria C. Williams, Green Highlands Park, Block 7 Lot 6, $7,920.00 for new home construction.
Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Dean seconded and the MOTION CARRIED.
Catherine Cardiff, 816 West Park Avenue, Chiefland, $9,500.00 for purchase of a home.
Comm. Foley moved to approve the Deferred Payment Loan Agreement. Comm. Dean seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mrs. Jacqueline Martin, Board Secretary, presented the interlocal agreements for allocations of funds for fire protection service with South Levy Volunteer Fire Department, Inc., City of Fanning Springs Volunteer Fire Department, Town of Bronson Volunteer Fire Department, City of Chiefland Volunteer Fire Department, Cedar Key Volunteer Fire Department and Rainbow Lakes Fire Department for consideration. Comm. Dean moved to approve and authorize the Chairman to sign the agreements. Comm. Foley seconded and the MOTION CARRIED.
Mrs. Martin presented the sub contract with the University of Florida, Institute of Food and Agricultural Sciences for the artificial fishing reefs. Mr. Greg Beauchamp, County Attorney, said he has reviewed the agreement and it appears in order if the board is in agreement of remitting $18,500.00 in advance upon receipt of an invoice. Chairman Davis appointed Comm. Yearty, Mr. Osburn Barker and Mr. Billy Cobb to inspect the project. Comm. Dean moved to authorize the Chairman to sign the sub contract for approval. Comm. Foley seconded and the MOTION CARRIED.
MISCELLANEOUS
Comm. Yearty said the markers in the Wacassassa River have been upgraded and signs and safety precautions installed by the Road and Bridge Department.
TAX COLLECTOR
Mr. Billy Cobb, County Administrator presented a Certificate of Correction of Non Ad Valorem Assessment Roll for consideration for:
Wayne and Patricia Sanborn, a hunting camp located in Gulf Hammock with no electrical service, road maintenance and approximately twelve (12) miles from a county maintained road. It is recommended to change the assessment from an improved parcel to an unimproved parcel.
Comm. Dean moved to approve the correction to an unimproved parcel for the Non Ad Valorem Assessment Roll. Comm. Foley seconded and the MOTION CARRIED.
TAX CERTIFICATES
Mr. Cobb said Mr. F. Roger and Rosalie Bickleman have requested to purchase Block I-4, Lot 14 located in the Jemlands Subdivision for $287.29. Mr. Cobb said the property was originally listed on the tax sale on March 3, 1986. Comm. Dean moved to approve the purchase of the land from the county and authorize the Chairman to execute the necessary documents. Comm. Yearty seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. Cobb said the City of Williston has annexed to the intersection at CR316 and US41. Chairman Davis said it appears several property owners do not want to be annexed into the City of Williston and the City does not want full responsibility for the traffic signal at the intersection. Chairman Davis said there is an interlocal agreement currently enforce where the City of Williston is responsible for the bulbs and reflectors with the county contributing for any major repairs of the traffic signal. Chairman Davis said his discussions with the city council indicate they would be willing to annex to the center line. Chairman Davis asked Sheriff Glass to accompany him to meet with the City of Williston to work out an interlocal agreement for the handling of traffic within the intersection to decrease confusion if an accident occurs.
COUNTY PROPERTY
Mr. Skip Hammell said a right of way deed has been received from the Florida Department of Transportation (FDOT) for the widening of SR500 for a parcel described as follows:
Parcel Number 312, Section 34010-2536 - A parcel of land in the northwest quarter of Section 1, Township 13 South, Range 18 East, Levy County, Florida, being more particularly described as follows: Commence at the northwest corner of the northwest quarter of Section 1, Township 13 South, Range 18 East; thence run S 88E03'26"E, along the north line of said northwest quarter, a distance of 1263.92 feet for a point of beginning; thence continue S 88E03'26"E, along said north line, a distance of 164.37 feet to the southerly right of way line of State Road 500 (as now established); thence S 71E04'42" E, along said southerly right of way line, a distance of 68.49 feet; thence departing said southerly right of way line, run N 88E03'26" W, a distance of 164.37 feet; thence run N 71E04'42" W, a distance of 68.49 feet to the point of beginning. Containing 3,287 square feet, more or less.
Mr. Hammell said he has confirmed the description of the property is correct and the deed has been reviewed by Mr. Greg Beauchamp, County Attorney. Comm. Dean moved to authorize the Chairman to execute the deed. Comm. Foley seconded and the MOTION CARRIED.
Chairman Davis confirmed that all of the right of ways on 5 Mile Pond Road have been obtained.
SHERIFF
Sheriff Ted Glass said he was advising that a medical bill of approximately $36,000.00 was going to be billed to the county for treatment received by an inmate. Sheriff Glass said his office is working on attempting to mitigate some of the expense with the hospitals.
Mr. Douglas McKoy said an amendment to the Sheriff’s budget is needed for the $38,000.00 previously committed for the purchase of a computer system at the Sheriff’s Office. Mr. McKoy said the reserve for contingencies from the General Fund would be reduced by the $38,000.00 being transferred to the Sheriff’s budget. Comm. Yearty moved to approve the budget amendment to transfer $38,000.00 from the reserve for contingency from the General Fund to the Sheriff’s budet. Comm. Dean seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Osburn Barker said it is time to begin the process to prioritize mitigation initiatives for the Local Mitigation Strategy. Mr. Barker recommended setting up a committee with other departments to prepare a proposal of the mitigation initiatives. Chairman Davis appointed Mr. Barker, Ms. Krista Kelly, Mr. Rob Corbitt, Mr. Skip Hammell to the committee which he will chair.
Mr. Barker said the Department of Community Affairs (DCA) has completed its review of the Levy County Comprehensive Emergency Management Plan (CEMP) and has indicated the plan is in compliance contingent upon the development, completion and implementation of the Standard Operating Procedures (SOPS) for the applicable county agencies. Mr. Barker said a resolution will be prepared for adoption of the plan at a regular meeting in the near future.
Mr. Barker said he met with Mr. Tim DeFoe of the South West Florida Water Management District and has requested the installation of meteorological system stations (i.e. tide gauge) in the Withlacoochee River, Cedar Key and the Wacassassa River. Mr. Barker said the Withlacoochee River is within the district’s area and it appears a favorable response will be received from the Management District for the installation of the Met stations. Comm. Yearty moved to authorize the Chairman to send a letter to the South West Florida Water Management District advising the cooperation of the county for the installation of the meteorological systems. Comm. Dean seconded and the MOTION CARRIED.
Mr. Barker said Mr. Joe Meyers, State Director for Emergency Management Services has asked for a conference. Mr. Barker recommended coordinating with Gilchrist and Dixie counties in arranging a joint conference. Chairman Davis directed Mr. Barker to proceed with the planning of the conference.
MISCELLANEOUS
Mr. Vern Myrick said he had contacted the Sheriff Office concerning excessive noise at Fowler’s Bluff and was informed they did not have a noise meter available. Mr. Myrick said his impression from a report in the Chiefland Citizen was the meters were available for use. Sheriff Glass said some meters have been purchased but the committee is still determining what sound levels to use to complete a reasonable survey. Mr. Billy Cobb said a draft for a noise ordinance is being worked on but additional information is needed before it is presented at public hearing.
CONTRACTS AND AGREEMENTS
Mr. Vern Myrick inquired if the funds had been disbursed for the last quarter for the Fowlers Bluff Volunteer Fire Department. Mr. Myrick said the new agreement had not been received. Mr. Billy Cobb said the contract was sent to Mr. Steve Stump, fire chief at Fowlers Bluff for the fiscal year of October 1, 1998 to September 30, 1999. Mr. Myrick said he was the administrator for the fire department and responsible for signing the new contract. Comm. Dean moved to approve the contract signed by Mr. Vern Myrick on behalf of the Fowlers Bluff Volunteer Fire Department. Comm. Foley seconded and the MOTION CARRIED.
TAX CERTIFICATES
Mr. Greg Beauchamp read a letter from Deputy Clerk Patty Galyean naming additional parcels from the Tax Deed Sale of February 8, 1999 to be included on the "List of Lands Available for Taxes.
RIGHT OF WAYS
Comm. Foley said he has been contacted by two (2) property owners concerning the easement to their property. Comm. Foley said the property is landlocked except for the easement which has been dedicated to the public. Comm. Foley said an easement of approximately 600 feet needs to be cleared to allow access to the lots. Mr. Skip Hammell said the subdivision where the lots are located was platted in the early 1980's prior to the current Land Development Regulations requiring the developer to provide proper roadways. Comm. Foley moved to approve maintenance on a one (1) time basis to clear the easement to allow access to the property. Comm. Yearty seconded. Comm. Yearty said he was concerned about the precedence which would be set if this easement was cleared on a one (1) time basis with the number of similar access problems in the county. Comm. Dean said there are a number of platted subdivision which have never been developed in the county and allowing maintenance on a one (1) time basis to clear the easement could set a precedence for numerous requests in subdivision’s which are undeveloped. Comm. Yearty said even though an easement is dedicated to the public it is not the responsibility of the county to maintain it. Comm. Foley voted yes, Comm. Dean, Comm. Yearty and Chairman Davis voted no and the MOTION FAILED.
COMMISSIONERS
Comm. Dean said the community known as Albion has requested a sign placement by the Department of Transportation (FDOT) and have been informed by FDOT they only place signs where the towns are shown on their maps. Comm. Dean said he had received information from former Tax Collector, Mr. Dogan Cobb that Albion was shown on the map during the time he was in office. Mr. Dougls McKoy said a prior request to place designation signs had been approved by the Board. Comm. Yearty moved to approve a request to place signs at the areas designating Albion and Meredith. Comm. Dean seconded and the MOTION CARRIED.
LIBRARY
Chairman Davis recommended Ms. Toni Collins for the Library Board. Comm. Foley moved to appoint Ms. Collins to the Library Board. Comm. Dean seconded and the MOTION CARRIED.
Comm. Dean moved to appoint Mr. Ted Wilkins to the Library Board. Comm. Foley seconded and the MOTION CARRIED. Comm. Dean withdrew his previous motion to appoint Ms. Norrine Andrews who has advised she is unable to accept the appointment.
ROAD CLOSING
Mr. Greg Beauchamp read the resolution for the proposed road closing requested by Mrs. Juanita Knauff for:
That certain cul de sac on Sikes Circle (NE 10th Circle), as shown on the Plat of Williston Highlands Golf and country Club Estates, more particularly described as follows:
That certain portion of cul de sac lying southeasterly of a line beginning at the NE corner of Lot 9, Block 141 and ending at the SW corner of Lot 12, block 141 of the above said subdivision.
Mr. Beauchamp said the public hearing had been properly advertised as required. Chairman Davis asked for opposition to the proposed road closing and none was heard. Comm. Dean moved to approve the request for the road closing. Comm. Yearty seconded and the MOTION CARRIED.
FIRE DISTRICTS
Mr. Vern Myrick said the Fowlers Bluff Volunteer Fire Department is adding a 15' x 40' cover to the existing fire station to park the tanker. Mr. Myrick asked if the county would pave a driveway from the current drive to the concrete slab being laid. Comm. Yearty said he did not object to the road department paving the area but recommended Mr. Kelly Jerrels inspect the site and determine if it is cost efficient to take the paving machine and equipment to Fowlers Bluff or if it is more feasible to pour concrete. Chairman Davis asked Mr. Jerrels to inspect the site and to report on his findings.
JUDGE
Honorable Robert P. Cates, Chief Judge of the 8th Judicial Circuit made a presentation on the proposed changes forthcoming from the Florida Constitution Revision 7, Article V approved by the voters in November, 1998. Chief Judge Cates said he had been appointed as one (1) of five (5) judges to serve on a committee to recommend what responsibilities the State should assume and what should remain at the county level. Chief Judge Cates said he was specifically appointed to represent the needs of the smaller counties.
Chief Judge Cates said the two areas which will be principally affected is the shifting of the financial responsibility of the Special Public Defenders and the Court Reporters to the State. Chief Judge Cates said Levy County paid approximately $200,000.00 last year in Conflict Attorney fees and Court Reporter fees and the transfer of these items to the State will alleviate items which are not budgetable for the county.
Mr. Ted McFetridge, Court Administrator reviewed the itemswhich would probably remain at the county level of government as: Courthouse facilities for Clerk of Court, State Attorney, Public defender, Communications for telephones and computers, Bailiff and Security Services. Mr. McFetridge said other programs remaining at county level could include: Drug Court Programs, Teen Court Programs, Law Libraries, Custody Evaluations, Public Guardianship programs and other programs the county may wish to institute. Mr. McFetridge said the state may assume responsibility for funding the following: Court Administrator, Trial Management, Case Management, Staff attorneys/law clerks, Finance and Accountying, Information Services, Personnel Services, Facilities Planning & Development, Communications, Indigency examiner, Domestic Violence Programs, Hearing Officer Services, Conflict Attorney Services, Court reporting, Court interpreters, Guardian ad litem, Family Self Help, Witness management, Mediation and Juvenile Alternative Sanctions.
Chief Judge Cates recommended contacting the Legislative Delegation to express the county’s views on the revenues which may be taken from the county level to fund the programs at the state level which may include Fines and Forfeitures, court costs, and filing fees.
Comm. Dean said he was concerned on how the determination of space needs would be handled. Comm. Dean said a request for certain space could be outside the financial capability of the county. Chief Judge Cates said he expected a coordinated effort between the county and the judicial to resolve space problems amicably.
Comm. Yearty said he understood implementation will begin by 2001 and should be completed by 2004 and was concerned on when funding would be affected. Comm. Yearty said he would like to have a committee appointed to be actively involved in the upcoming transition.
Sheriff Glass said he would prefer other funding to be found at a state level as his level of service continues to increase and funding sources are not keeping pace with the level of service being required.
Judge W. O. Beauchamp said he urged the county to prepare long range planning to meet the needs of the judiciary and to protect the future of Levy County. Judge Beauchamp said he would like for the judiciary to be responsive to keeping the county informed of changes as they occur and keep communication lines open.
Chairman Davis asked Comm. Yearty, Judge W. O. Beauchamp, Sheriff Glass and Douglas McKoy to form a committee to explore the judiciary needs of the future.
Mr. Douglas McKoy said the constitutional revision is a long process and the legislative committee, judiciary, Florida Assocation of Clerks, Florida Association of Counties will be fighting for local revenues. Mr. McKoy said loss of revenues should be expected when funding responsibilities shift to the state level.
ROAD MAINTENANCE
Comm. Dean presented a request for maintenance on a one (1) time basis located at:
NE 137th Court in Suncaost Estates, 1 mile long with dedicated right of way.
Comm. Dean moved to approve the request for maintenance on a one (1) time basis. Comm. Yearty seconded and the MOTION CARRIED.
EMERGENCY MEDICAL SERVICES
Comm. Foley inquired on the status of the policy procedures for Emergency Medical Services. Mr. Billy Cobb said comments need to be directed to him and the committee will compile a revised draft for submission to the board for consideration.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Frank Davis, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court