REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

May 22, 2001

The Regular Meeting of the Board of Levy County Commissioners was held on May 22, 2001 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. Danny Stevens

Comm. Lilly Rooks

 

 Also present were:

County Attorney - Gregory V. Beauchamp

Clerk of Court - Danny J. Shipp

County Administrator - George A. Lambka

 

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

EXPENDITURES

 Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 30182 - 30409

 

 GENERAL FUND                                         $427,011.54

 ROAD & BRIDGE FUND                             52,793.83

 LOCAL HOUSING ASSISTANCE              11,455.00

 LIBRARY                                                           5,740.90

 MEDIATION                                                         100.00

 COURT SERVICES                                      16,962.43

 LANDFILL & RECYCLING                             8,186.00

 COURT FACILITIES                                             55.45

 FLORIDA POWER GRANT FUND                   216.76

 EMERGENCY MEDICAL SERVICE          32,862.19

 FIRE CONTROL                                            17,838.50

 JUDICIAL GRANT                                           4,485.00

 ST GRANT - JUVENILE JUSTICE                1,259.75

 UTILITIES FUND                                              1,531.06

 

                                                        TOTAL $580,498.41

 

 MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of May 8, 2001. Comm. Rooks seconded and the MOTION CARRIED.

 BIDS

Ms. Heather Alexander presented the following bids for leachate hauling:

    GRU -                                                               $142.00 per 6000 gal. load

    Morris Dean Trucking                                  $140.00 per 6000 gal. load

Chairman Yearty appointed Comm. Foley, Mr. Wayne Hardee, Mr. Benny Jerrels, and Mr. Fred Moody to review the bids and to report on their findings.

 ZONING

Mayor Heath Davis of Cedar Key requested support to delay any development at Cedar Key Plantation and review options for maintaining a clean water environment to protect the clamming industry. Mayor Davis said individual septic tanks could harm the water quality and this would impact the clamming industry.

Ms. Leslie Sturmer, the shell fish aquaculture extension agent with the University of Florida explained the clamming industry has provided economic revitalization for the fishing communities. Ms. Sturmer said in Cedar Key there are over 260 businesses associated with the clamming industry and the area has been very successful as a result of the clean water quality.

Mr. David Hueberger explained the lack of clean water is the biggest threat to shell fish and the runoff from septic tanks could have a severe impact to the clean water quality. Mr. Hueberger said the City of Cedar Key is now on central waste water treatment and allowing septic tanks into an area that will impact the water quality would endanger the aquaculture industry which provides economic support.

Mayor Davis requested the appointment of a committee consisting of the Chairman of the Board of County Commissioners, County Attorney, a representative from Suwannee River Water Management, the City Attorney for Cedar Key and the Mayor of Cedar Key to review and provide a resolution for the Cedar Key Plantation subdivision.

Comm. Rooks said the aquaculture community needed to be protected and action preventing an impact to the water quality should be a primary concern.

Chairman Yearty said there are legitimate concerns of septic systems adversely impacting the water quality and the environmentally sensitive wetland habitats and coastal species in the area, including the Cedar Key Scrubs, the growing and successful clam industry, water based recreational and commercial activities that are vital to the local economy. Chairman Yearty added the Florida Wildlife Conservation Commission (FWCC) advises the Cedar Key Plantation subdivision is adjacent to, and can impact the critical marine nursery habitats, the complex wetland area of high quality estuarine nursery area for juvenile fish, that can impact recreational and commercial fishing activities that Cedar Key has been pursuing preventative measures, including a major capital investment in central sewer facilities to protect. Comm. Rooks moved to enact an emergency moratorium on building permits for Cedar Key Plantation subdivision for sixty (60) days waiving the notice requirements as allowed by the emergency powers. Comm. Stevens seconded. Mr. Greg Beauchamp read the Ordinance for the emergency moratorium and the MOTION CARRIED UNANIMOUSLY.

Mr. David Coffey commended the action taken and the cooperation to find an appropriate solution to the concerns on individual septic systems in the Cedar Key Plantation Subdivision.

Chairman Yearty appointed a committee to include the Mayor of Cedar Key, Heath Davis, city attorney, Mr. David Coffey, County Staff, Mr. Greg Beauchamp, Mr. George Lambka, a representative from Suwannee River Water Management and a representative from the Cedar Key Water and Sewer District.

 GRANTS

Ms. Leslie Sturmer explained there is federal funding available for a joint grant with the University of Florida to construct a 30' x 60' green house to be used in research for the shellfish aquaculture industry and provide educational opportunities that could include "shore-based" demonstrations of clam farming and "wet storage" tanks for field ecology and marine biology classes. Ms. Sturmer said support is needed as follows:

    1. Use of county right of way on old SR 24.
    2. Use of fishing pier to run water lines and tie submersible pumps to provide salt water in the "wet tank".
    3. Joint applicant with the University of Florida Shellfish Aquaculture for the environmental resource permit to obtain the special research grant provided by the U. S. Department of Agriculture.

Comm. Rooks moved to approve the partnership for the grant application to provide access on the right-of-way and allow water lines and submersible pumps to be attached to the fishing pier on old SR 24. Comm. Stevens seconded and the MOTION CARRIED.

 WATER WAYS

Mr. Cecil Spencer, Division Captain with the US Coast Guard Auxiliary said they are requesting support to institute a Coast Guard Auxiliary in the area. Mr. Spencer explained the US Coast Guard Auxiliary assists in boating safety, safety patrols, search and rescue operations, safety inspections, boating education and setting up an Auxiliary would not involve any financial support. Comm. Rooks moved to send a letter of support for a US Coast Guard Auxiliary to be located in Levy County. Comm. Stevens seconded and the MOTION CARRIED.

 MISCELLANEOUS

Mr. George Lambka recognized the following students for the Juvenile Justice 2001 Youth Recognition Awards presented by the Juvenile Justice Council with donations from Perkins State Bank, Drummond Community Bank and Capital City Bank.

Billy Head, an 8th grader from Williston awarded a $50.00 savings bond and certificate, for improved behavior, excellent school attendance.

Matthew Daly, a senior at Bronson High School awarded a $50.00 savings bond and certificate for his volunteer work with Pathways to Live, Inc. in assisting handicapped children and adults.

Allison Monyei, a senior at Chiefland High School awarded a $50.00 saving bond and certificate for outstanding leadership and scholastic accomplishments.

Mrs. Winelle Horne reported the Levy County Quilt Museum has been completed and is paid for. Mrs. Horne said there is "pickin" on the porch every first Saturday of the month. Mrs. Horne displayed a quilt that will be given away in December Mrs. Horne thanked everyone for all the help and assistance provided in making the Quilt Museum a showplace.

 CONTRACTS AND AGREEMENTS

Ms. Alexander presented the agreement with the Gulf Hammock Volunteer Fire Department for approval. Comm. Rooks moved to approve the agreement with Gulf Hammock Volunteer Fire Department. Comm. Stevens seconded and the MOTION CARRIED.

 SHIP

Mrs. Carol McQueen presented the following Deferred Payment Loan Agreement:

Auguste Flack Zettler and Cora E. Hansel, 15 SE First Avenue, Williston, Lots 1 and 4, Block 8 according to the plat thereof recorded in Plat Book 1, page 1 of the public records of Levy County, Florida, for $7,740.00 for down payment and closing costs for the purchase of a home.

Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Rooks seconded and the MOTION CARRIED.

Mrs. McQueen reported there will be two (2) SHIP educational classes held at the Agriculture Center on June 4 - June 5 and July 9 - July 10. Mrs. McQueen said there is a waiting list for the moderate income applicants but funding is available for low and very low income applicants.

 EMERGENCY MANAGEMENT SERVICES

Ms. Paula Edwards said the Emergency Operations Center (EOC) will be cooperating in a statewide hurricane exercise during the afternoon.

Ms. Edwards advised notification has been received that the State Emergency Management Services Director, Mr. Joe Myers will be resigning effective May 31, 2001.

 VETERAN’S OFFICE

Mr. Major Stroupe reported he attended the Veteran’s Service Officer training program in Palm Coast and the county is certified. Mr. Stroupe said there is still a back log in processing claims for veteran’s but services are being received. Mr. Stroupe reported that from May, 2000 to April, 2001 local veterans were awarded over $158,500.00 in retroactive benefits and over $22,000.00 in new approved claims and for April, 2001 retroactive benefits totaled over $5,700.00 with a total of over $15,500.00 in monthly awards.

 WATER CONTROL AND WATER BOARDS

Chairman Yearty said the Suwannee River Water Management District (SRWMD) has requested a voluntary water use restriction due to the severe drought conditions. Chairman Yearty added the Division of Forestry, Usher Tower, has recommended enacting a burn ban as the current drought conditions are creating an emergency situation. Comm. Stevens moved to enact a State of Emergency Order pertaining to a ban on the use of flares, explosives, or outdoor burning devices or otherwise lawful outdoor burning with the exception of Bar-B-Que grills. Comm. Rooks seconded and the MOTION CARRIED.

Ms. Edwards explained there is not any state aid from emergency management to assist residents who have had wells go dry but funding may be available through the Community Development Block Grants (CDBG).

 PROPERTY APPRAISER

Mr. Francis Akins requested the return of $26,842.21 that was received from the sale of maps and copies to be used to complete the digital map project. Mr. Akins said the Department of Revenue (DOR) has provided a matching grant of $25,000.00 which should allow the mapping project to be completed by September 30, 2001. Comm. Rooks moved to return the mapping funds of $26,842.21 to the Property Appraiser’s budget. Comm. Foley seconded and the MOTION CARRIED.

 ROAD CLOSING

Mr. Nate Terrell, Jr. said the closing of an access road to five (5) homes located on NE 105th Street, Williston has created a hardship and prevents services being received from law enforcement, rescue or utility repair services without accessing the residences from Alachua County. Mr. Terrell said they were requesting a county maintained road be installed to allow access to their homes.

Mr. Beauchamp explained the action may need to be addressed by a civil action to determine if the road can be legally closed.

Mr. Bryan Olmert of Loncala, Inc., said the access road that was being used went directly through a pine plantation and there are problems of discarding of trash. Mr. Olmert said he would donate the right of way along the property line if the county would provide the maintenance for a county road.

Mrs. Tonee Fallender said contact had been made with Alachua County and they advised that they would not respond except on a mutual aid request and they could not accept the transfer of the 911 surcharge money for the five (5) residents unless the residents were annexed into Alachua County.

Mr. C. R. "Rowdy" Lowman said he would not donate any other land but was in agreement with the recommendation submitted by Mr. Olmert of Loncala, Inc.. Chairman Yearty requested the Road Department to review the area and provide a cost estimate. Mr. Olmert agreed to reopen the road, if the residents would use the road along the property line where it was initially until the matter is reheard at the next regular meeting.

 ROAD MAINTENANCE

Mr. Justin Watson presented the following requests for maintenance on a one (1) time basis:

All streets in Crestfield Trading Company Subdivision, consisting of NW 61st Lane, NW 60th Lane and NW 105th Court for a distance of 1.08 miles at an estimated cost of $268.00 for grading only.

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.

NE 88th Lane located in University Estates, beginning at NE 102nd Court and continuing to NE 105th Avenue, for a distance of 1,850 feet, two (2) loads of rock and grading for an estimated cost of $300.00.

Comm. Rooks moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.

 ROAD AND BRIDGE DEPARTMENT

Mr. Watson presented the following projects for the 2001-2002 Enhancement Project Applications:

       

    1. Sidewalk, CR 345 beginning at LCR 455 (SW 60th Street) continuing to SR 24 and ending at LCR 453 (SW Shiloh Road).
    2. Sidewalk, C-331A beginning at NE 4th Avenue and continuing to NE 41st Place.
    3. Sidewalk, C-40 beginning at LCR 348 (Riverside Drive) and ending at 65th Street.
    4. Resurface LCR 504, NE 50th Street and NE 185th Avenue, beginning at Alt. US 27 and ending at US 41 (NE Hwy. 41).
    5. Pave LCR 524 (NE 17th Place) beginning at US 41 and ending a C-323.
    6. Resurface LCR 553 (NE 35th Street), beginning at LCR 502 (NE 180th Avenue) and ending at US 41.
    7. Resurface LCR 502 (NE 180th Avenue), beginning at SR 121 (NE 30th Street) and ending at LCR 553 (NE 35th Street).
    8. Resurface LCR 511 (NE 42nd Place), beginning at C-331A (NE 205th Avenue) and ending at NE 208th Terrace.
    9. Paving NE 204th Avenue, beginning at NE 40th Lane and ending at LCR 510 (NE 3rd Avenue).
    10. Resurface NE 41st Place beginning at NE 11th Street (City Limits) and ending at C-331A (NE 205th Avenue).
    11. Pave LCR 566 (SE 11th Place), beginning at C-323 (NE 200th Avenue) and ending at City Limits (SE 10th Street), Williston.
    12. Sidewalk, SE 4th Street (Sidewalk to be located on West side of SE 4th Street) beginning at East Noble Avenue and ending at C-316 (NE 30th Street) Williston.
    13. Sidewalk, NW 2nd Avenue (Sidewalk to be located on South side of NE 2nd Avenue) beginning NW Main Street and ending at city limits, Williston.
    14. Fishing Pier/Old Bridge, Restoration of (old) No. 4 Bridge entering Cedar Key used as a Historical Fishing Pier for the community (wooden bridge).

Mr. Watson explained the original request included the following project and was recommending deleting this project as the right-of-ways had not been obtained.

Pave NE 41st Lane beginning at LCR 552 (NE 11th Street) and ending at dead end of roadway.

Comm. Rooks moved to approve the 2001-2002 Enhancement Project Program list as presented with the deletion of NE 41st Lane beginning at LCR 552 (NE 11th Street). Comm. Stevens seconded and the MOTION CARRIED.

Mr. Watson reported that Mr. Lee Mills of Mills Engineering has not completed the engineering report for LCR 173 (NE 172nd Court) adjacent to the Holy Family Catholic Church and will be providing a report at the next regular meeting.

 APPOINTMENTS

Comm. Stevens moved to appoint Mrs. Martha Tanner to the Library Advisory Board to replace Mrs. Toni Collins. Comm. Rooks seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Comm. Foley explained Ms. Arnette Eddins had been hired to supervise the women’s work crew and it was understood that upon her successfully completing her probationary period her salary would be increased. Comm. Foley said her starting salary was approximately $11.00 per hour during probation and would it was agreed to raise it to $12.00 per hour. Comm. Foley moved to increase Arnette Eddins salary to $12.00 per hour as supervisor of the women’s work crew. Comm. Stevens seconded and the MOTION CARRIED.

 SUITS

Mr. Beauchamp reported that Freebee Landholding has filed suit against the Board of Adjustment for their action denying the amendment to the special exception for the sand mine on SR 24. Mr. Beauchamp said the issue of a possible conflict of interest has been raised and he recommended retaining Mr. David Coffey to handle the litigation. Mr. Beauchamp said Mr. Coffey would handle the case for $150.00 per hour at his firm’s government rate. Comm. Rooks moved to retain Mr. David Coffey to represent the Board of Adjustment at $150.00 per hour. Comm. Stevens seconded and the MOTION CARRIED.

 AIRPORT

Chairman Yearty requested Comm. Rooks to investigate complaints received about vehicles parking on the airport in Cedar Key and the possibility of installing some type of barrier to prevent this problem occurring.

 LIBRARY

Mrs. Susan Haines explained the contract hiring Ms. Dian Thompson as the Summer Reading Coordinator was approved March 20, 2001 but the salary was not clarified for the record. Mrs. Haines said the contract was for $2,430.00 to be paid in three (3) equal installments of $810.00 commencing on June 22, 2001. Mrs. Haines said the contract agreed to pay mileage as specified in the contract at $.29 per mile. Comm. Stevens moved to approve the rate of pay and mileage as described in the contract for the Summer Reading Coordinator, Ms. Dian Thompson. Comm. Rooks seconded and the MOTION CARRIED.

 ROAD MAINTENANCE

Mr. Ken Chapin presented petitions and photographs from residents in Steeple Chase Farms subdivision concerning the condition of the roads and the maintenance being provided. Mr. Chapin said the residents were requesting a better quality of road covering than was currently being provided to return the roads to the standards they were when the developer completed the subdivision. Mr. Chapin said the roads are deteriorating from excessive grading and mowing has been decreased. Mr. Chapin said the residents were requesting more frequent mowing of the road side and less grading of the roads.

Chairman Yearty requested Mr. Lambka to meet with the Road Department and Mr. Chapin to review the complaint and to report on his findings.

 MISCELLANEOUS

Mr. Barney Cannon said eco-friendly septic systems should be considered as an solution to environmentally sensitive areas such as the Cedar Key Plantation subdivision.

Mr. Cannon said he would like to see signs posted by the Department of Transportation to designate the location of the Levy County Quilt Museum. Mr. Justin Watson said the county obtained authorization to erect a sign on Alt. US 27.

 CONTRACTS AND AGREEMENTS

Mr. Wayne Hardee said the committee reviewed the leachate hauling contracts and the bids were as follows:

Morris Dean Trucking - $140.00 a 6000 gal. load to Williston and $160.00 a load hauled to Gainesville.

GRU - $142.00 a 6000 gal. load to Gainesville, no bid for hauling to Wiiliston.

Mr. Hardee said the committee recommending accepting both bids to allow GRU to haul the loads to Gainesville and Morris Dean Trucking to haul to Williston. Comm. Foley moved to accept the recommendation of the committee and accept both bids as specified. Comm. Rooks seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

 

 

                                                  W. S. Yearty, Board Chairman

ATTEST:

 

 

Danny J. Shipp, Clerk of Court