BOCC-Regular Meeting Nov. 5, 1996

REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

November 5, 1996

 

The Regular Meeting of the Board of Levy County Commissioners was held on November 5, 1996 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

 

Chairman Wilbur Dean

Vice Chairman Sammy Yearty

Comm. Don Foley

Comm. Don Lindsey

Comm. Elmer Smith

 

 

 

Also present were:

 

County Attorney Gregory V. Beauchamp

Clerk of Court Douglas M. McKoy

Administrative Assistant William C. Cobb

 

 

 

The Chairman Wilbur Dean called the meeting to order at 9:00 a.m.. Chairman Dean gave the invocation and led the Pledge of Allegiance to the Flag.

 

 

 

EXPENDITURES

 

A motion was made by Comm. Smith, seconded by Comm. Foley to pay bills as presented. The following expenditures were presented for payment.

 

FUND                                                              AMOUNT

CHECK NUMBERS: 5235-5422

 

 

 

 GENERAL FUND

$637,280.31

 

 

 ROAD & BRIDGE FUND

49,979.11

 

 

 LOCAL HOUSING ASSISTANCE

12,000.00

 

 

 FINE & FORFEITURE FUND

18,107.46

 

 

 EMERGENCY 911

847.25

 

 

 ROAD & BRIDGE SPECIAL CONS.

2,951.54

 

 

 LANDFILL & RECYCLING

17,314.80

 

 

 LAW ENFORCEMENT TRUST FUND

2,541.66

 

 

 COURT FACILITIES FUND

528.15

 

 

 FLORIDA POWER GRANT FUND

686.58

 

 

 EMERGENCY MEDICAL SERVICE

8,614.21

 

 

 SPECIAL CONSTRUCTION

1,865.78

 

 

 LOCAL CRIMINAL JUSTICE TRUST

60.02

 

 

 FIRE CONTROL FUND

8,367.89

 

 

 CDBG GRANT

1,182.94

 

 

 INTERGOVERNMENTAL COMMUNITY         284.83

 

 

 

 ADD REV BOND DEBT SERVICE

3,357.08

 

 

 

 

 

 

                                                        TOTAL

$765.969.61

 

 

 

PERSONNEL

 

Former Landfill employee Sarah Miller reported to the Board that she had not received written notification requested at the previous meeting from Mr. Wayne Hardee, Landfill Supervisor, giving the reasons why she was taken off of light duty work at the landfill and placed on leave. Attorney Gregory Beauchamp responded to Mrs. Miller that the delay was due in part by the time spent in Value Adjustment Board (VAB) hearings during the previous two (2) weeks. Mr. Beauchamp further stated that it was his understanding that she had received written notification this date. Mrs. Miller replied that she had received the letter but it did not respond to her question sufficiently. Mr. Beauchamp replied that the County’s position was that she was taken off of light duty by in response to decisions made by a on going Worker’s Comp. claim. Mrs. Miller reiterated her request for a more definite explanation of the reasons why she was taken off light duty and further stated that if response was not received that she would appear at the next Board meeting and give the real reason why she was taken off of light duty.

 

CITIZEN INPUT

 

Mike Sullo was recognized and wished Comm. Smith well on his elected retirement.

 

Mr. Sullo distributed a written request dated November 5, 1996 to the County Commissioners requesting a written response as to their job descriptions and responsibilities. Chairman Dean responded he would not respond in writing but would make available to Mr. Sullo the manual which covers this information. Comm. Smith advised that if he could find it, he would give Mr. Sullo his copy. Comm. Foley inquired if Mr. Sullo during his research locate what a County Commissioner’s responsibilities and duties were? Mr. Sullo responded yes, but he wants a response from the Commissioner’s on their interpretations.

 

Mr. Sullo distributed a letter from the Alliance of Concerned Citizens dated November 5, 1996 to the County Commission for them to request a letter from the Sheriff of Levy County to contact the FDLE and have them investigate the death of the inmate Mr. Richardson. Chairman Dean advised that if a copy of the letter was in the County Commissioners records a copy could obtained. Comm. Smith responded that the Sheriff is an elected official by the citizens of Levy County and would do his job as the citizens expected. He did not believe that the County Commissioners should tell him how to run the jail. It was understood that there was an on going investigation at this time.

 

Mr. Sullo distributed a letter dated November 5, 1996 requesting that Douglas M. McKoy be terminated as Director of the SHIP program, alleging that the Director does not have the qualifications for the position. Chairman Dean responded that Mr. Sullo’s allegations were politically motivated and gave no further consideration to the matter.

 

ROADS/BIDS

 

Mr. Skip Hammell – Bid Opening Road Department at 10:00 a.m.

 

Bids were received for two (2) dump trucks. They were from Jacksonville Mack Sales & Service and Tampa Mack Sales.

 

Jacksonville Mack Sales & Service $82,386.27 per truck

 

Tampa Mack Sales $82,000.00 per truck

 

Chairman Dean appointed a committee of Skip Hammell, Kelly Jerrels, Jimmy Jerrels and Comm. Foley to review the bids. Comm. Yearty moved to accept apparent low bid from Tampa Mack Sales pending committee’s finding that the bid meets all specifications. Comm. Smith seconded.

MOTION CARRIED.

 

Bids received for two (2) lowboy trailers from Falcon Power and Ring Power.

 

Falcon Power $23,347.50 per trailer

 

Ring Power $31,792.00 per trailer

 

Comm. Yearty moved to accept apparent low bid of Falcon Power, pending the committee’s findings that bid specifications are met. Comm. Smith seconded.

MOTION CARRIED.

 

The same committee will review the lowboy trailers as the dump trucks.

 

 

 

ZONING

 

Mr. Rob Corbitt presented the following petition:

 

1. Petition # VA 00342——- Joan Shallue to allow a second dwelling in order to care for her mother, on a parcel of land located in Small Farms Unit 2, Tract 6, in Section 30, Township 14S, Range 19E, in Levy County. Said parcel contains 10 acres more or less and is located in a Rural Residential (RR) zone. There was no opposition. Comm. Yearty made a motion to allow the Hardship Variance. Comm. Lindsey seconded.

MOTION CARRIED.

 

 

 

INSURANCE/MEDICAL

 

Mr. Skip Hammell Road Department made a point of information concerning AVMED is no longer accepting Chiefland Medical Center on their list. Commissioners advised that they had found that this was from not having a licensed MD on the staff.

 

 

 

ROADS

 

Mr. Skip Hammell requested maintenance on a one time basis as follows:

 

1: NE 10th Street in Williston Highlands Golf & Country Club Estates, 50′ dedicated r/w, 1/4 mile long, one (1) load rock spotted and graded, District 5. Comm. Smith moved to repair on a one (1) time basis. Comm. Lindsey seconded.

MOTION CARRIED.

 

2: NE 110th Avenue and NE 95th Street in University Estates, 50′ deeded r/w – will require three (3) loads of rocks and grade . Comm. Smith moved to repair on a one time basis. Comm. Foley seconded. MOTION CARRIED.

 

 

 

INSURANCE/LIABILITY

 

Mr. Billy Cobb reported that a proposal had been received from Harrell Insurance Company for an increase in the airport liability insurance. Current premium is $1,000.00 on $500,000.00 coverage. For an additional premium of $500.00 the liability coverage can be increased to $2,000,000.00. Comm. Foley moved to increase the liability coverage for the Cedar Key Airport to $2,000,000.00 for the additional $500.00 premium. Comm. Lindsey seconded. Discussion ensued. Comm. Yearty indicated that there would be more decisions needed on the Cedar Key Airport by the end of the year. Mr. Cobb will consult with the insurance carrier for consideration of coverage in excess of $2,000,000.00.

MOTION CARRIED.

 

EMS

 

Mr. Cobb reported on the remounting and refurbishing of the ambulance for Yankeetown/Inglis. The best bid was from Columbia County BOCC for $53,074.28. Mr. Cobb requested permission from the Commissioners to proceed as the monies are in the budget from an $18,000.00 grant and other monies budgeted. Comm. Yearty moved to allow Mr. Cobb to proceed with the remounting and refurbishing of the ambulance. Comm. Foley seconded.

MOTION CARRIED.

 

 

 

SOLID WASTE DEPT/SALARIES

 

Mr. Wayne Hardee requested a correction on an underpayment in Ron Shilts pay when he was classified as a groundwater tech. The total due Mr. Shilts is $252.51. His new hourly rate is 9.3295 per hour for this classification. Mr. McKoy said that this would have to be shown as income for this year and reflected in the 1996 W-2 form. Mr. McKoy further advised that proper documentation is to be submitted to the Payroll. Comm. Smith moved to pay the underpayment to Mr. Shilts and to amend his salary as per 9.3295 per hour. Comm. Foley seconded.

MOTION CARRIED.

 

 

 

BUILDING AND ZONING

 

Mr. Rob Corbitt requested permission to request bids for a vehicle for Building and Zoning. The present vehicle is at Scoggin’s Chevrolet being repaired. The bid specifications will be the same as the last pickup purchased. Mr. Corbitt said that the pickup can be purchased by line item transfers in the budget and he believes his budget will be sufficient to the end of the year. Chairman Dean explained that Building and Zoning had been counting on a vehicle this year which was given to EMS instead. Comm. Lindsey moved to allow bids to be requested. Comm. Foley seconded.

MOTION CARRIED.

 

Mr. Corbitt is to review the bid specifications with Mr. Cobb.

 

 

 

ROAD/CLOSURES

 

County Attorney Greg Beauchamp made a report on a request for a road closing by Mr. Jerry Bunch. The road is located at Unit 1 Bronson Heights (Beach Avenue and Easy Blvd., Blocks 8 and 9) They have submitted a $100.00 check for the advertising of the road closure. This is schedule to be heard at the December 3, 1996 commission meeting. Mr. Skip Hammell, Commissioner Dean and Mr. Greg Beauchamp will confirm the legal description. Commissioner Yearty made a motion to adopt the resolution, second by Commissioner Smith.

MOTION CARRIED.

 

 

 

BOARDS/COMMISSIONS

 

Board Secretary Heather Alexander said that a request had been received from Withlacoochee Regional Planning Council that Dennis Dufault be appointed to replace Elizabeth Enright as the Florida Department of Labor & Employment Security (FDLES) voting member on the coordinating board.

 

 

 

CONTRACTS

 

Ms. Alexander presented the contracts with Child Care Resources for the day care centers in Williston and Chiefland. The contract will be $1,288.00 match amounts as last year. Comm. Smith moved to accept the contract as presented. Comm. Yearty seconded.

MOTION CARRIED.

 

 

 

BOND RENEWAL/CLERK OF COURT

 

Ms. Alexander reported that the bond application for a new term of the Clerk of Court, Douglas M. McKoy needs to be renewed. Comm. Smith moved to renew the bond. Comm. Yearty seconded.

MOTION CARRIED.

 

VALUE ADJUSTMENT BOARD

 

County Attorney, Gregory V. Beauchamp, advised the Board that there was a Court hearing scheduled on November 6, 1996 on a Motion for Summary Judgment for the lawsuit arising out of the 1994 Value Adjustment Board hearings it will be held at the Levy County Court House before Judge Frederick Smith.

 

Mr. Beauchamp further stated the special service fees will be reflected on the tax bills for this year. He said he had not completed a document which identifies parcels released from lien on the new ordinance.

 

 

 

SHIP

 

Mrs. Carol McQueen presented a report on the SHIP program. She presented two (2) Deferred Payment Loans (DPL) to the Board. Mr. and Mrs. Woodrow Farnham made one application and Thomas and Daphne Head the other application. Comm. Foley moved to accept the Deferred Payment Loans. Comm. Yearty seconded.

MOTION CARRIED.

 

Mrs. McQueen reported that there is a backlog of funds which have not yet been spent and it appears that they will not be depleted by the end of the year. The State is aware of the backlog and the problems which created this. She understands that the State will work with Levy County and the SHIP program. The State has made some suggestions. Mrs. McQueen discussed the three (3) criteria used by the Partnership Committee in using the funds:

 

1) Emergency Home Repairs $5,000.00

 

2) Down payment & closing costs/New Homes $6,000.00 to $12,000.00

 

3) Down Payment & closing costs/Existing Homes $6,000.00

 

Additional funds for repairs $4,000.00

 

A recommendation was made that an additional criteria be added

 

4) Rehabilitation for Existing Homeowners. After discussion Comm. Yearty moved to approve the concept of adding the fourth strategy providing Rehabilitation for existing homeowners. Comm. Lindsey seconded.

MOTION CARRIED.

 

Mrs. McQueen said the four (4) houses constructed in the demonstration project by the County are for sale. She said there have been three (3) new applicants that are applying for financing.

 

Mrs. McQueen requested the BOCC to clarify the Down Payment amounts provided for these units. She said she had researched the minutes and found that the Board agreed to increase the down payment from $6,000.00 to $12,000.00 in some cases but further clarification was necessary. For the demonstration project Mrs. McQueen recommended the following down payment amounts:

 

Assistance Cost of Dwelling

 

$ 9,000.00 $30,000.00

 

$12,000.00 $45,000.00

 

 

 

Commissioner Yearty moved to accept the recommendation as presented. Comm. Lindsey seconded.

MOTION CARRIED.

 

 

 

COMMISSIONERS

 

Commissioner Foley requested the Mr. Billy Cobb check into any grant funds which may be available or that can be applied for to repair boat ramps owned by the County. Funds which were applied for to repair the Fowler’s Bluff boat ramp may be available in February 1997. Mr. Cobb will investigate.

 

NOISE ORDINANCE

 

Comm. Foley reminded the Board that consideration had been given earlier to the adoption of a Noise Ordinance. Comm. Foley then requested that County Attorney continue in his efforts to investigate Noise Ordinances in an effort to create a Noise Ordinance for Levy County. Comm. Foley stated that he had additional complaints recently concerning noise levels and abusive noise and language coming from Public Address systems.

 

Citizen Vern Myrick, from Fowlers Bluff, spoke to the Board briefly concerning a recent incident at Fowlers Bluff. Mr. Myrick stated that Comm. Foley’s review of this issue came at his request due a abusive and noisy gathering being held at Fowlers Bluff recently. Mr. Myrick reported that a band, apparently outside of a building, abusive and foul language was heard over the Public Address system. Mr. Myrick further stated that the noise lasted until almost midnight. Mr. Myrick further inquired about alcoholic licenses and permits issued to the Treasure Camp and suggested that some of the partying crowd may have been located on County property.

 

Building Department Superintendent Rob Corbitt advised the Board that he had investigated the matter and found that the Treasure Camp did have a consumption on premises (COP) license for beer and wine. Further discussion ensued concerning the need for a Noise Ordinance. Comm. Yearty requested that further consideration for a Junk and Debris Ordinance as well as a Noise Ordinance. Comm. Foley replied that the Noise Ordinance had been under consideration for a long time and that there was a need now to speed up the process.

 

Chairman Dean directed Parks Director, Wayne Hardee to confer with the owners of the Treasure Camp and advise them that outdoor parties and bands should not be located on the county property.

 

FOOD BANK

 

Juanita Malchior made a presentation on the Mighty Food Bank. They are interested in bringing the Food Bank to Levy County. She discussed how they operate and how the food is collected from donations and disbursed to agencies. She presented each Commissioner with a membership application. She advised she was not asking for funds but would appreciate consideration of the Food Bank and its benefit to Levy County.

 

 

 

AWARDS AND RESOLUTIONS

 

County Attorney Greg Beauchamp read a resolution honoring Comm. Elmer Smith in recognition of his sixteen (16) years of service on the County Commission. Comm. Lindsey moved to adopt the resolution as read and that it be spread on the minutes of the BOCC. Comm. Foley seconded. MOTION CARRIED. Chairman Dean presented a plaque to Comm. Smith in honor of his years of service.

 

 

 

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

 

 

Wilbur Dean, Board Chairman

 

 

 

ATTEST:

 

 

 

Douglas M. McKoy, Clerk of Court

 

 

 

ATTACHMENT A

 

 

 

Resolution honoring Comm. Elmer Smith