REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

July 2,  2002

 The Regular Meeting of the Board of Levy County Commissioners was held on July 2, 2002  at 9:00 a.m. in the Levy County Board of County Commissioners' meeting room, with the following Commissioners present:

Chairman Tony Parker
Vice Chairman  Danny Stevens
Comm.  Don Foley
Comm. Sammy Yearty
Comm. Lilly Rooks

 Also present were:

County Attorney - Gregory V. Beauchamp
Clerk of Court - Danny J. Shipp
County Coordinator - Fred Moody

 The Chairman called the meeting to order at 9:00 a.m..  The invocation was given by Mr. Justin Watson 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:   35915 - 35828
                                       65829 - 66021

GENERAL FUND                               $734,662.42

ROAD & BRIDGE FUND                     105,623.45

LOCAL HOUSING ASSISTANCE         23,100.00

LIBRARY FUND                                         6,665.63

MEDIATION FUND                                       300.00

FINE & FORFEITURE FUND                 11,026.76

LANDFILL FUND                                    55,139.48

COURT FACILITIES                                       46.90

FLORIDA POWER GRANT                        937.84

EMERGENCY MEDICAL SERVICE    15,914.58

FIRE CONTROL                                         6,589.23

ST GRANT - JUVENILE JUSTICE              266.06

UTILITIES FUND                                       1,1,80.64

TOTAL                                                  $961,452.99

MINUTES

Comm. Stevens moved to approve the minutes of the regular meeting of June 18, 2002.  Comm. Rooks  seconded and the MOTION CARRIED.

BUDGET

Mr. Stephen M. McMillen, representing the Williston Chamber of Commerce requested consideration for funding their organization for the 2002-2003 budget year.  Comm. Yearty explained if the local tourist tax is placed on the ballot this will be a source of revenue for promoting Levy County.

MISCELLANEOUS

Mr. C. W. Gilbert commented on the payment of funeral expenses to Carnegie Funeral Home and the cancellation of the insurance for Mr. Goff who had retired in January, 1996.

Mr. Gilbert said the road policy approved at the last meeting only allows District 5 a mile and a half of resurfacing and the absence of the roads that Mr. Green has been requesting to be paved.

Comm. Stevens explained the road policy approved only encompassed 2 to 3 ½ years and it has not been completed and the roads located in Pinehurst Subdivision are being paved with the Community Development Block Grant (CDBG).

Mr. Al Carnegie, Mrs. Sandy Fink, Ms. Elizabeth Carnegie, Mrs. Mary Golding and Rev. Donnell Sanders responded to the comments made by Mr. Gilbert.

BOAT RAMPS

Mr. Robert Persinger said he wanted to obtain authorization to use the boat ramp at the Wacassa River for the logging of dead head lumber.

Mr. Greg Beauchamp said it is legally permissible to allow the use of the boat ramp and recommended recognizing the liability issues, requiring a Certificate of Insurance for any exposure to the county and the amount of time the boat ramp would be occupied for the hauling of the logs.

Mr. Persinger explained he would have two (2) employees to assist him and they would dive for the logs and then float them to the boat ramp for loading. Mr. Persinger said there are regulations enforced by the Department of Environmental Protection and the only logs that would be removed are the ones that were previously cut years ago and sunk to the bottom of the river.

Comm. Yearty requested time to review the request and explore the affect of public access to the boat ramp, the liability exposure and schedule the request on the agenda for the regular meeting on July 16, 2002.

HOUSING AUTHORITY

Mr. Gordon Jernigan, with Escambia County Housing Finance Authority explained they provided a bond program for single family revenue bonds and Capital City Bank is their largest lender.  Mr. Jernigan explained the county currently hass an agreement with Bay County Housing Authority and Escambia County Housing Finance Authority would like Levy County to participate in their bond program.

Ms. Karen Love explained Capital City Bank has been participating with Escambia County Housing Finance Authority since 1995 and the program has been successful for first time home buyers. Ms. Love said they provide a easily run, easily accepted program and would like to see Levy County participate in the program.

MISCELLANEOUS

Mr. Al Carnegie said the commission is trying to meet the requests of the citizens and everyone needs to cooperate for what is in the best interest for the entire county.

CONTRACTS AND AGREEMENTS

Mr. Fred Moody presented the resolution designating the Withlacoochee Regional Planning Council as the Official Planning Agency for fiscal year 2002-2003 for the planning grant in the amount of $16,501.00.  Comm. Foley moved to adopt the resolution designating Withlacoochee Regional Planning Council and the Official Planning Agency for the Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantaged.  Comm. Yearty seconded and the MOTION CARRIED.

PARKS AND RECREATION

Mr. Moody requested authorization to discuss a non-agenda item.  Comm. Foley moved to discuss a non-agenda item. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moody said two (2) athletic leagues, Sports Connection and Chiefland Athletic  Association had submitted invoices for uniforms they had purchased in the amount of $2,500.00 and $3,500.00, respectively and authorization was needed to reimburse them for their expenditures as their submissions deviate from the policy that was adopted for the disbursement of funds to the local recreation groups. Mr. Moody explained they had started their program in March and the policy had not been distributed to the groups.  Comm. Yearty moved to authorize the reimbursement of the funds for the expenditures by the two (2) athletic groups. Comm. Foley seconded and the MOTION CARRIED. Mr. Moody said there was a $45.00 invoice submitted from Chairman Parker's district.

BUILDING AND GROUNDS

Mr. Jim Jones explained emergency repairs were needed for the roof over the Property Appraiser's office.  Mr. Jones said three (3) quotes were secured and the quote  accepted was from the contractor who would work after business hours to reduce interruptions.

Mr. Jones said Invitations to Bid will need to be extended for roofing repairs to the Baker Building and for the Building and Zoning Department for the next fiscal year.

Comm. Foley moved to ratify the repairs to the roof of the court house on an emergency basis for the area over the Property Appraiser's office. Comm. Stevens seconded and the MOTION CARRIED.

Mr. Moody said plans were to repair the roofs of the court house section above the Property Appraiser's Office, the Baker Building and Building and Zoning in the next fiscal year, but the recent rains caused damage to maps in the Property Appraiser's office and the repairs were needed on an emergency basis.

Mr. Shipp explained the quote was over the bid amount but the policy allows for payment of emergency repairs.

EMERGENCY MEDICAL SERVICES

Mr. Bill Beddow said the Bronson station is back in full operation and the Yankeetown/Inglis station should be finished shortly.

Mr. Beddow said action is needed on finding a location for the Williston station. Comm. Rooks explained the property that has been inspected within the city limits of Williston is either to expensive or does not meet the needs for an emergency station. Comm. Stevens said discussions had been held with the members of the airport committee and they were satisfied with the EMS station being located at the airport if all possibilities for remaining in the city limits of Williston were exhausted.

Mr. Brett Sandlin, representative with the IAFF Local 4069, said plans for the Williston station have been in progress since 2000 and the station is in poor condition and does not meet the needs of an EMS station. Mr. Sandlin said the station should be located to allow the least response time by emergency personnel and does not need to be within the city limits if a site can be located to meet the requirements for response times.

Comm. Rooks said she and Mr. Beddow will meet with the airport committee for locating in the industrial park, inspect other locations and advise on their findings.

EMERGENCY MANAGEMENT SERVICES

Ms. Paula Edwards said the Emergency Operations Center was activated on May 29, 2002 for a Nuclear Power Plant Exercise and thanked all Department Heads and staff who cooperated in the exercise.

Ms. Edwards said a web site has been established with access at 

COUNTY FIRE CHIEF

Mr. Rick Lombardo said excess equipment will be stored at the Emergency Operations Center (EOC) in a storage shed adjacent to the building.  Mr. Lombardo said this will allow for a centralized storage location of equipment and disbursement to the fire departments.

Mr. Lombardo said an emergency meeting had been held with South Levy Volunteer Fire Department and the majority of the problems had been resolved. Mr. Lombardo said  he will be meeting with the Yankeetown and Inglis city commission and mayor to reach a workable agreement.

Mr. Lombardo said  the position of County Fire Chief needs to be a part-time paid position and consideration to an eventual full-time paid position and have all departments accountable to the County Fire Chief. Mr. Lombardo requested consideration of the request in the 2002-2003 budget.

Mr. Lombardo said further training is needed to encompass a fully staffed HAZ-MAT team.

Mr. Lombardo said a donation of equipment for the Division of Forestry has been disbursed to the fire departments who were in need of the equipment.  Mr. Lombardo explained the central storage location of equipment will allow for disbursement to the departments in need of the equipment.

MOSQUITO CONTROL

Mr. Wayne Hardee requested approval to issue an Invitation to Bid for a ½ ton pickup truck.  Mr. Hardee said the truck he is currently using will be outfitted with the fogger and he will use the new pickup.  Comm. Yearty said the larger sized pickup trucks are better suited for the mosquito foggers and  the employees operating the vehicle.  Comm. Yearty moved to approve the Invitation for Bid for a ½ ton pickup truck for Mosquito Control. Comm. Stevens seconded and the MOTION CARRIED.

ROAD CLOSING

Chairman Parker called the public hearing to order for the proposed road closing requested by Mr. Dan Whitehurst.  Mr. Greg Beauchamp read the proposed resolution for the record for the property described as:

         A strip of land in Section 19-12-19, inside the Arredondo Grant, Section 24-12-18, inside the Arredondo Grant, Section 12-12-19, outside the Arredondo Grant, and Section 24-12-18, outside the Arredondo Grant, all in Levy county, Florida, being the maintained right of way of a portion of Levy County Road No. 114 (NE 190^th Avenue), said strip of land being more particularly described as follows:

         For a Point of Reference, commence at the NE corner of Section 24, Township 12 South, Range 18 East, inside the Arredondo Grant, Levy County, Florida; thence Southerly, along the East line of said Section 24, a distance of 3430.52 feet, to a point in the maintained right of way of Levy County Road No. 114 (NE 190^th Avenue) and the POINT OF BEGINNING; thence run Southerly, Southeasterly and Southerly, along said maintained right of way, through said Section 24, Township 12 South, Range 18 East, inside the Arredondo Grant, Section 19, Township 12 South, Range 19 East, Inside the Arredondo Grant Government Lots 1 and 8 of Section 24, Township 12 South, Range 18 East, outside the Arredondo Grant, and Government Lots 4 and 5 of Section 19, Township 12 South, Range 19 East, outside the Arredondo Grant, a distance of 3200 feet, more or less, to the intersection with the Northeasterly right of way line of U. S. Highway 41 (State Road No. 45) and the TERMINUS POINT of said maintained right of way.

Chairman Parker called for opposition to the proposed road closing and none was presented. Mr. Ron Stevens said the road does not prevent access to residences in the area and does not impede vehicular traffic as the request is not closing the entire road way. Comm. Stevens moved to approve the resolution approving the closing of the road as described by the legal description.  Comm. Rooks seconded and the MOTION CARRIED.

CONTRACTS AND AGREEMENTS

Mr. Justin Watson requested authorization to extend the agreement with Mr. Benny Jerrels to complete the proper clean up of fill dirt from the pit area on Mr. Jerrels property. Mr. Watson said the request would allow for the fill dirt that has been excavated to be removed.

Comm. Stevens recommended extending the contract to September 30, 2002 and then have it renewed effective October 1, 2002 to be concurrent with other contracts and the fiscal year. Comm. Stevens moved to extend the contract with Benny Jerrels for fill dirt through September 30, 2002 and be renewed October 1, 2002 for concurrency with other contracts and leases.  Comm. Foley seconded and the MOTION CARRIED.

ROAD MAINTENANCE

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

SE 74^th Place, located in Sunshine Savannah Subdivision, ten (10) loads of rock and grading for an estimated cost of $3,000.00.

SE 75^th Place, located in Sunshine Savannah Subdivision, ten (10) loads of rock and grading for an estimated cost of $3,000.00.

SE 76^th Place, located in Sunshine Savannah Subdivision, fifteen (15) loads of rock and grading for an estimated cost of $4,500.00.

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

SE 71^st Place, Ocala Highlands West, eight (8) loads of rock and grading for an estimated cost of $2,400.00.

SE 70^th Street, Ocala Highlands West, five (5) loads of rock and grading for an estimated cost of $1,500.00.

SE 212^th Avenue, Ocala Highlands West, three (3) loads of rock and grading for an estimated cost of $900.00.

SE 67^th Place, Ocala Highlands West, seven (7) loads of rock and grading for an estimated cost of $2,100.00.

SE 68^th Lane, Ocala Highlands West, two (2) loads of rock and grading for an estimated cost of $600.00.

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

NE 110^th Avenue, University Estates, four (4) loads of rock and grading for an estimated cost of $1,200.00.

NE 92^nd Place, University Estates, fifteen (15) loads of rock and grading for an estimated cost of $4,500.00.

NE 112^th Terrace, University Estates, two (2) loads of rock and grading for an estimated cost of $600.00.

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

NE 67^th Lane, Oak Ridge Estates, fifteen (15) loads of rock and grading for an estimated cost of $4,500.00.

NE 68^th Lane, Oak Ridge Estates, fifteen (15) loads of rock and grading for an estimated cost of $4,500.00.

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

NE 76^th Place, North South Estates, three (3) loads of rock and grading for an estimated cost of $900.00.

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

NE 85^th Street, Forest Park, Unit II, three (3) loads of rock and grading for an estimated cost of $900.00.

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

GRANTS

Mrs. Nicole Tummond presented a recurring Local Law Enforcement Block Grant for $64,427.00 requiring a 10% local funding match. Comm. Rooks moved to approve the application for the Local Law Enforcement Grant. Comm. Stevens seconded and the MOTION CARRIED.

Mrs. Tummond said notification has been received of a federal grant available for domestic preparedness and requested authorization to submit an application for grant funds that may be used for personal protection devices, equipment and increased security  and matching funds are not required.  Comm. Rooks moved to approve the submission of the grant application for the federal funds. Comm. Stevens seconded and the MOTION CARRIED.

ATTORNEY, COUNTY AND STATE

Mr. Beauchamp advised the public hearings for proposed changes to several ordinances are being advertised for August 5, 2002 at 10:30 a.m..

UNION

Mr. Beauchamp said union negotiations are continuing.

ORDINANCES

Chairman Parker announced the public workshop for a review of  the proposed mining ordinance will be at 6:00 p.m..

SHIP

Mr. Dick Tummond presented the following Deferred Payment Loan Agreement:

Jesse Everidge, Lot 16, Treasure Camp Addition, Unit No. 6 according to the plat thereof recorded in Plat Book 1, Page 59-A for $15,000.00 to purchase a home.

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

SALARY AND WAGES

Comm. Foley presented the following recommendation for a salary increase:

Debra Jerrels, Soil Conservation, currently classified as Secretary III at $7.6698 per hour, recommendation to increase current salary to $8.6698 per hour effective July 1, 2002.

Comm. Foley moved to approve the salary increase for Debra Jerrels.  Comm. Yearty seconded and the MOTION CARRIED.

AGENCIES

Comm. Stevens said the Withlacoochee Regional Planning Council has tentatively approve the dues at the same rate.

TAX COLLECTOR

Mrs. Linda Fugate advised there will be an increase in the collection of special assessment fees as the cost to collect has not been increased in twelve (12) years. Mrs. Fugate said she will be implementing a straight  3% collection cost for all special assessments existing and those that may be added.  Mrs. Fugate explained using the Uniformed Collection Method will allow for an increase of expenses while the assessments increase. Comm. Foley clarified this fee is paid by the Board of County Commissioners to the Tax Collector for their collection of the special assessments.

MISCELLANEOUS

Chairman Parker advised the Williston 4^th of July parade will be held on July 3^rd, 2002.

ORDINANCES

Chairman Parker called the public workshop to review the proposed mining ordinance to order at 6:00 p.m..

Mrs. Kathy Winburn, County Planner presented the proposed changes and provided a summary of options that could be considered that included key issues from previous workshops concerning the grand fathering of existing operations, locations to prohibit major mining operations and public notice requirements.

Dr. Richard Copeland, Department of Environmental Protection (DEP), said they had provided a memorandum with their recommendations for modification and the impact of a mining or similar operation to local water resources.

Mr. Mark Long, Mrs. Renate Cannon, Mr. Chris Hardee, Mrs. Annette Long, Mr. Eugene Carter, Mr. Noel Desmond, Mrs. Sandy Fink, Mrs. Karen Fishbaugh, Mr. Shawn Garrets, Mr. Tom Carter, Mr. Hollis Rogers and Mr. John Fink presented their comments concerning the proposed changes to the ordinance and the effects on mining operations and residential areas.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

     Tony Parker, Board Chairman

ATTEST:

Danny J. Shipp, Clerk of Court