BOCC Regular Meeting – May 3, 2011

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

MAY 3, 2011

 

 

The Regular Meeting of the Board of Levy County Commissioners was held on May 3, 2011 at 9:00 AM in the Levy County Board of County Commissioners meeting room, with the following Commissioners present:

 

Chairman Danny Stevens

Comm. Marsha Drew

Comm. Ryan Bell

Comm. Chad Johnson

            Also present were:

Clerk of Court – Danny J. Shipp

County Attorney – Anne Bast Brown

County Coordinator – Fred Moody

Assistant to the County Coordinator –Dick Tummond

 

 

Chairman Stevens called the meeting to order at 9:00 AM.  Comm. Johnson gave the invocation, followed by the Pledge of Allegiance.

 

 

EXPENDITURES

 

Comm. Johnson made a motion to approve the following expenditures presented for payment.  Second was made by Comm. Bell and the MOTION CARRIES.

 

CHECK NUMBER

 104663-104794

FUND

        AMOUNT

GENERAL REVENUE

     1,234,940.05

ROAD

          46,888.58

COURT TECH/CRIM PREV

               495.38

TRANSPORTATION

          34,944.51

911

          31,377.03

COURT FACILITIES

                   8.00

PROGRESS ENERGY

               430.13

EMS

          12,298.34

FIRE

          47,573.52

TOURIST DEVELOPMENT

            2,675.61

UTILITIES

               613.13

DRUG TASK FORCE

            1,005.00

CAPITAL PROJECTS

               482.45

LANDFILL

            8,514.73

TOTAL $  1,422,246.46

 

MINUTES

 

Approval of minutes for the Regular Board Meeting held April 19, 2011.

Comm. Drew made a motion to approve the minutes for the Regular Board meeting held April 19, 2011 as presented.  Second was made by Comm. Johnson and the MOTION CARRIES.

 

 

 

 

 

SUWANNEE RIVER SHRINE CLUB

 

Claude Blackburn & Shellie Downs, Suwannee River Shrine Club

 

Mr. Blackburn announced the Suwannee River Shrine Club is presenting the Shriner’s Annual Kids Fishing Tournament to be held on the Suwannee River at the Hart Springs Public Boat Ramp, Saturday, June 11th from 6:00 A.M. to 12:30 P.M.

The Commissioners decided to make a sponsorship donation to the event.  Comm. Drew stated she would be willing to use money from her recreation fund to make a donation as a silver sponsor.

Comm. Drew made a motion to take $60 from her recreation fund to make a donation to the Suwannee River Shrine Club Kids Fishing Tournament.  Second was made by Comm. Comm. Johnson and the MOTION CARRIES.

 

 

LEVY COUNTY HEALTH DEPARTMENT

 

Barbara Locke, Swain Strickland

A.    Requests Board adopt Resolution 2011-15; establishing a Health Care Citizens Advisory Board.

 

Mr. Strickland spoke on behalf of Barbara Locke and presented updated changes to the Board on the Health Care Citizens Advisory Board.  The membership has been reduce from 17 members to 9 which consists of 3 providers, the Levy County Health Department, 2 Healthcare Consumers, 2 Community Groups, and 1 Attorney.  The quorum is now set at 5.

Atty. Brown asked the Board to note the Resolution number had been changed to Resolution 2011-18 as   Resolution 2011-15 had been used.

Comm. Drew made a motion to approve Resolution 2011-18, establishing a Health Care Citizens Advisory Board as presented.  Second was made by Comm. Bell and the MOTION CARRIES.

 

The actual members will be appointed at another meeting.

 

 

EMERGENCY MANAGEMENT

 

Mark Johnson, Director

A.    Request permission to purchase a used forklift for the new radiological emergency planning storage building using Emergency Management Preparedness Grant (EMPG) Funding.

 

Mr. Johnson requested Board approval to purchase a used forklift for the new radiological emergency planning storage building and presented bids as follows:

 

Ring Power,                            $17,900

Bay City Forklift, Inc.                        $10,500

Florida Lift Systems, Inc.       $13,990

 

Mr. Johnson recommended the bid from Florida Lift Systems, Inc.

Comm. Bell made a motion to approve the purchase of the forklift from Florida Lift Systems, Inc. as presented.  Second was made by Comm. Drew and the MOTION CARRIES.

 

 

PLANNING

 

Shenley Neely, Director

A.    Request the Board schedule a Public meeting date to hear a small scale Future Land Use map amendment petition.  Staff recommends June 7, 2011.

 

Ms. Neely requested the Board schedule a Public meeting date on June 7, 2011 at 9:00 A.M. to hear a small scale Future Land Use map amendment petition.

Comm. Johnson made a motion to set the date for June 7th at 9:00 A.M. as requested.  Second was made by Comm. Bell and the MOTION CARRIES.

 

 

COUNTY COORDINATOR

 

PERSONNEL ISSUES

 

Fred Moody

A.    Public Safety Director Job Description Review.

 

Mr. Moody requested the Board review the proposed Public Safety Director job description and make additions or changes in order to advertise for the position.

Discussion followed by the Commissioners as to whether this should be a dual-role position or strictly an Administrative-based position.

Paul Shear, a Paramedic with EMS emphasized the need for the person to be a Paramedic.

David Florance, Fowlers Bluff Fire Chief, spoke in favor of requiring the person to be a Paramedic and questioned how much fire qualification would be necessary.

Trish Seibold stated there is a definite need for the person to be administrative qualified and to be a Paramedic, but feels a Fire 1 qualification would be sufficient.  She asked the Board to not settle for a less qualified person and to realize the person needs to be paid what they are worth.

 

Jacqueline Martin read to the Board the Public Safety Director job description and the Commissioners specified additions and changes to each item.  The salary range will be $55,000 to $75,000 per year.

 

Comm. Bell made a motion to accept the job description for Public Safety Director as presented with the changes and additions as discussed.  Second was made by Comm. Drew and the MOTION CARRIES.

 

Mr. Moody requested the Board to hear a non-agenda item.

Comm. Johnson made a motion to hear a non-agenda item as requested by Mr. Moody.  Second was made by Comm. Bell and the MOTION CARRIES.

 

Mr. Moody requested to give signing authority to Paige Hiers withEMSin the absence of Trish Seibold.

Comm. Johnson made a motion to authorize Paige Hiers to sign in the absence of Trish Seibold forEMS.  Second was made by Comm. Bell and the MOTION CARRIES.

 

B.     County Attorney Contract.

 

Comm. Drew stated questions and concerns she had regarding the County Attorney being an employee of the Board as well as being a Contractor.

Discussion followed with the Commissioners.  Atty. Brown stated she had researched how other counties paid for legal services and offered to put this information in a comparable format to present to the Board

 

 

DEPARTMENT REPORTS

 

CORRESPONDENCE

 

Karen Blackburn

A.    Request from Meridian Behavioral Healthcare, Inc. to approve Debra French Jones for an appointment to a vacant position on Meridian’s Board of Director as a Levy County Representative.

 

Ms. Blackburn requested Board approval to appoint Debra French Jones to the vacant position on the Meridian Behavioral Healthcare, Inc. Board of Directors as a Levy County Representative.

Comm. Drew made a motion to appoint Debra French Jones as requested.  Second was made by Comm. Bell and the MOTION CARRIES.

 

 

PUBLIC COMMENTS

 

Carol McQueen of the Levy County Visitors Bureau let everyone know this week is National Tourism Week and invited everyone to visit the booth set up in the lobby for information.

 

 

 

ATTORNEY

 

Anne Bast Brown, County Attorney

 

Atty. Brown gave information to the Board regarding the case involving impact fee litigation where several counties and cities are challenging the legislature from 2010.  The Governor has signed current legislation on the impact fees to correct the problem.  The first DCA issued an opinion yesterday overturning the trial courts determination of the state entities named as parties were the proper parties.  The first DCA said they were not, but since legislature had already mooted the issue, this case has concluded.

 

 

COMMISSIONERS’ REPORTS

 

Danny Shipp advised the Board the 2nd quarter report of revenues and expenditures may be ready to present at the next board meeting for their review.

Comm. Bell stated the Withlacoochee Regional Development Council is undergoing some financial constraints and have adjusted dues by 15% to help the counties out.

 

Comm. Stevens

A.  Commissioner Liaison with Departments. – TABLED –

 

 

The meeting recessed at 10:49 A.M.

 

The meeting reconvened at 11:06 A.M.

 

 

HEALTH INSURANCE

 

Richard Schell, Arthur J. Gallagher & Company

A.    Blue Cross Blue Shield group health insurance program presentation.

 

Mr. Moody introduced Mr. Schell of Arthur J. Gallagher & Company.  Mr. Schell gave a presentation to the Board about the PRM (Public Risk Management) pool program used by the Board and explained the advantages of PRM Group Heal Trust.

 

A member of the audience, Ruth Bolling from Brown & Brown Insurance asks questions to Mr. Schell regarding the property and liability insurance and whether or not it affects the health insurance.

Mr. Schell stated he could only answer the benefit side and the bylaws state by leaving the pool the only responsibility is the Blue Cross Blue Shield administrative fee.

 

 

The meeting recessed at 11:32 A.M.

 

The meeting reconvened at 6:34 P.M.

 

 

Listen to Audio

part 1

part 2

PUBLIC HEARING

 

SPECIAL EXCEPTION 3-10 – TARMAC MINE

 

 

Comm. Stevens called the meeting back to order.

 

Atty. Brown gave an overview of quasi judicial issues and procedures for the meeting to the audience.

Atty. Brown then read into record ex-parte communications for each of the following Commissioners:

[1]Comm. Stevens, [2]Comm. Bell, [3]Comm. Drew and [4]Comm. Johnson.

 

Atty Brown swore in members of the audience wishing to speak for against the petition.

 

Rob Corbitt presented the Development Department staff report and read Petition SE 3-10 into public record.  He stated the petition comes with a recommendation for approval from the Planning Commission.

Shenley Neely presented the Planning Department Staff Report.

 

Frank E. Matthews, Esq. Senior V.P. with Hopping, Green & Sams, P.A. began a power point presentation and introduced the experts in various fields working with the applicant, Tarmac.

Mr. Matthews stated the U.S. Army Corps of Engineers Section 404, Clean Water Act Permit Application had been submitted but had not been granted yet.  This permit is required before any work at the site can begin.

Mr. Matthews explained two performance bond options for potential inclusion in the Order to Approve.  Mr. Matthews then asked for the Board’s conditional approval of the petition.

 

Listed below are the speakers who continued the presentation for Tarmac:

 

Jeff Harris, the Project Manager for the King Road Mine Project with Tarmac explained the mining operations.

John E. Garlanger, Ph.D., P.E. with Ardaman & Associates, Inc. explained studies done with regard to Hydrology & Hydrogeology.

Brent Meyer, M.S. with GeoHydros, LLC discussed Field Verification of Thermal Anomalies and Feasibility of Dye Tests in the Waccasassa Bay Area.

Doug Durbin, Ph.D. with Cardno ENTRIX discussed the Environmental Analysis of the site.

Steve Henry, with Lincks & Associates, Inc. presented the Traffic Analysis.

Mike McElveen, with Urban Economics presented the Economic Analysis.

Ethel Hammer, with Hammer & Associates presented the Comprehensive Plan Overview.

 

The meeting recessed at 10:15 P.M.

 

The meeting reconvened at 10:35 P.M.

 

The following members of the audience spoke against the petition:

 

Dawn Marie Clary, Mayor, Town ofYankeetown                                         Steve Edmunds

RalfBrooks, Attorney for the Town ofYankeetown                                   Edward Candela

Kurt Woerner, Yankeetown Zoning Official                                                 Patricia Candela

Kevin Faugh                                                                                                   Lee Paulett

Mark Rains                                                                                                      Renate Cannon

James Williams, Mayor, Town ofInglis                                                         Ruth Ruppert

Jim Farley, Mayor,CrystalRiver                                                                    Nancy Tobertgte

Mike Gudis, Councilman,CrystalRiver                                                         Paul Tobertgte

Dan Hilliard,WithlacoocheeArea Residents                                                 Daryl Diamond

Dr. Richard Weisskoff                                                                                    Noel Desmond

Helen Spivey, Co-Chair, Save the Manatee Club                                           Sally Price

Darden Rice,NatureCoastCoalition/ Sierra Club                                         Jack Schofield

Whitey Markel, Suwannee/St. Johns Sierra Club                                           Larry Feldhusen

Brack Barker, Chairman, Suwannee/St. Johnson Sierra Club                        Bruce Criton

Theodora Rusnak, Citrus County Council                                                      Beth Foley

Emily Casey, Environment and Natural Resources Committee                     Katherine Elkins

Dr. Burt Edoll                                                                                                             Douglas James

Michael Petry

Betty Berger

 

The following members of the audience spoke for the petition:

 

Larry Barrett, Crystal River

Diana Child

Darlene Slattery

Eddie Clemmons

Drew White

Jimmy Durden

Kendall Fountain

Greg Galpin

Robert Smith

Jason Murphy

Jackson Watkins

Eugene Watkins

Dixie Hollins

Abraham Blitch

William Pease

Tim Bible

Ron Baily

Mike Miller

 

Chairman Steven closed the floor to public comments.

 

Frank Matthews gave closing statements and answered questions by members of the audience and Commissioners.

 

After each of the Commissioners gave comments on the petition, Comm. Bell made a motion to approve the Order to Approve Petition SE 3-10, Special Exception for Tarmac King Road Mine with conditions set forth with regard to the Order to Approve the rolling bond amount.  Second was made by Comm. Johnson and the votes were cast as follows:

 

Yes                              No

Comm. Bell                 Comm. Drew

Comm. Stevens

Comm. Johnson

 

The MOTION CARRIES.

 

 

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION, THE MEETING ADJOURNED AT 2:45 A.M.

 

 

ATTEST:                                                                                             BOARD OF COUNTY COMMISSIONERS

LEVY COUNTY, FL

 

 

____________________________________                                    ____________________________________

Clerk of Court, Danny J. Shipp                                                          Chairman, Danny Stevens

 



[1] Ex-parte Communication, Comm. Stevens

[2] Ex-parte Communication, Comm. Bell

[3] Ex-parte Communication, Comm. Drew

[4] Ex-parte communication, Comm. Johnson