REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

May 6, 1997

 The Regular Meeting of the Board of Levy County Commissioners was held on May 6, 1997 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. Wilbur Dean

Comm. Don Lindsey

Comm. Frank Davis

 Also present were:

County Attorney Gregory V. Beauchamp

Clerk of Court Douglas M. McKoy

Administrative Assistant William C. Cobb

 The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Sheriff Ted Glass followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 The following expenditures were presented for payment.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 7821-7989; 7991-8001 (VOIDS 7820; 7990)

 GENERAL FUND                                       $336,791.58

 ROAD & BRIDGE FUND                               13,783.91

 LOCAL HOUSING ASSISTANCE                  1,804.00

 FINE & FORFEITURE FUND                        12,359.05

 EMERGENCY 911                                            2,601.79

 LANDFILL & RECYCLING                           11,321.19

 LAW ENFORCEMENT TRUST FUND         17,320.18

 COURT FACILITIES FUND                            4,516.00

 FLORIDA POWER GRANT FUND                    953.33

 EMERGENCY MEDICAL SERVICE               7,195.65

 LOCAL LAW ENF BLOCK GRANT             11,648.67

 EMS GRANT FUND                                                  .51

 MSTU-RAINBOW LAKES ESTATE               3,477.25

 FIRE CONTROL FUND                                   5,000.00

                                                        TOTAL $617,124.44

Comm. Dean moved to approve payment of the bills. Comm. Davis seconded and the MOTION CARRIED.

 MINUTES

Comm. Lindsey moved to approve the minutes of the regular meeting of April 22, 1997. Comm. Dean seconded and the MOTION CARRIED.

 BIDS/ROAD DEPARTMENT

Ms. Heather Alexander, Board Secretary opened the advertised bids at 9:00. Two bids were received as follows:

Scoggins Chevrolet $18,426.00

White Ford $18,497.00

Chairman Yearty appointed a committee consisting of Mr. Skip Hammell, Mr. Billy Cobb, and Comm. Llindsey to review the bids submitted.

Comm. Lindsey reported that the bids had been reviewed and moved to award the bid to Scoggins Chevrolet. Comm. Foley seconded and the MOTION CARRIED.

Mr. McKoy announced that Scoggins Chevrolet had contacted the Clerk of Court office to advise that the trade-in allowance would be $3,932 with no effect to the bid.

DRUG FREEWORKPLACE

Mr. Chuck Pettijohn with Alcohol and Substance Abuse Prevention Program, Inc. gave a presentation for drug testing in the work place. ASCP presently handles approximately 6000 drug tests per month Mr. Pettijohn said that they had been in business since 1990. An independent laboratory will handle the drug tests. Interim Health Care, Inc. will be responsible for the initial set up of the random drug testing and for the pre-employment drug testing. The annual cost will be $4,600.00 to institute the program. The cost will be $35.00 per drug test. Mr. Pettijohn explained how the testing will be handled and how results will be provided within the rules of confidentiality. Mr. Cobb said that the program could be instituted within sixty (60) days and he recommended that the county consider the program offered. Mr. Douglas McKoy requested clarification from Mr. Pettijohn on the confidentiality release of the drug test results. Mr. Pettijohn said that the results must be subpoenaed.

Mr. C. W. Gilbert informed the Board that he was impressed that the county was proceeding with a Drug Free Workplace. He said that he hoped the county would proceed with full implementation of the policy.

Comm. Foley moved to enter into an agreement with the company subject to a review by County Attorney, Greg Beauchamp. Comm. Davis seconded and the MOTION CARRIED.

 ROAD DEPARTMENT/MAINTENANCE

Chairman Yearty asked Mr. Skip Hammell to clarify the county’s position on the railroad crossing at Montbrook. Mr. Hammell said that the agreement is with the railroad and the developer of the subdivision. Mr. Hammell said that the county is only responsible for the maintenance after the crossing was constructed. Chairman Yearty assigned a committee consisting of Mr. Skip Hammell, Mr. Billy Cobb, Mr. Lee Mills, and Comm. Foley to review the agreement and to report on the findings to the Board.

 AQUACULTURE

Ms. Leslie Sterner with the aquaculture program in Cedar Key. The city of Cedar Key has received a grant to build a land base nursery facility for the clam growers. Difficulties have arisen with the sight and they are requesting an agreement with the county to construct the facility on the No. 4 bridge at Cedar Key. The facility will use approximately 20% of the fishing pier at the location. Ms. Sterner advised that she would report to the City of Cedar Key that the county would require a holdharmless agreement and a contract before entering into the agreement.Comm. Lindsey said that he had reviewed the site and the plans and recommended the approval of the request. Mr. Greg Beauchamp would prepare a lease agreement including an indemnity agreement for the protection of the. Comm. Lindsey moved to approve the contract with the City of Cedar Key for a aquaculture nursey at Channel # 4 bridge for a lease on the bridge space only and not on the land. Comm. Davis seconded and the MOTION CARRIED.

BUDGET/CIRCUIT COURT

 A request had been received from Mr. Ted McFetridge to discuss the 1997 circuit court budget and the 1997/98 budget process for Levy County.

 ZONING

Mr. Rob Corbitt presented a petition for a hardship variance as follows:

Petition no. VA-00351 for Sharon Boling for a second dwelling to care for her brother, Ralph Jetter. The said parcel contains 8 acres more of less and is located in a tract in the NW 1/4 of the SW 1/4 East of Rail Road Right-of-Way, located in Section 19, Township 13S, Range 19E, in Levy County within a Rural Residential (RR) zone. No opposition was presented.

 Comm.. Davis moved to approve the hardship variance if all paperwork is in order. Comm. Dean secondedand the MOTION CARRIED.

 SUBDIVISION/SHADY LANE

Mr. C.W. Gilbert, inquired if the taxpayers were bearing the burden for the legal work preparing the resolution to resolve the issue on the Shady Lane Subdivision. County Attorney, Greg Beauchamp informed the Board that there was no additional charge on preparing any resolutions or ordinances outside his current contract with the county.

 EMERGENCY MEDICAL SERVICES

Mr. C. W. Gilbert asked the Board why they hired a director with no experience in paramedics or emergency resuce. Mr. Gilbert said that he hoped the county would have control of the position. Mrs. Sarah Miller spoke to the Board concerning the relationship of Mr. Bill Beddow to the Administrative Assistant, Mr. Billy Cobb. Chairman Yearty responded that the Board had hired a qualified individual for the position and that the relationship had been cleared with the county attorney prior to accepting the application and that nepotism was not an issue with the relationship due to the distance of the relationship.

 COUNTY CONSULTANT

Mr. Herb Heesch, County Consultant informed the Board that a local newpaper article indicated that the Florida Legislature had removed the local resources provision from a bill to protect designed to develop and protect the water supply within the state.

 ROAD DEPARTMENT/MAINTENANCE

Mr. Skip Hammell presented a request to fix on a one (1) time basis the following:

SW 80th Street & SW 123rd Terrace in Cedar Key Heights off SR 24 with a dedicated right of way. Comm. Linsey moved to accept the request. Comm. Dean seconded and the MOTION CARRIED.

Comm. Dean moved to repair on a one (1) basis NE 120th Avenue & NE 10th Street in Williston Highlands, Unit 14. Comm. Davis seconded and the MOTION CARRIED.

Comm. Lindsey said that he had been contacted concerning the dust on the Old Fannin Road and the Georgia Pacific Road outside of Chiefland. Comm. Lindsey and Mr. Skip Hammell will investigate the condition and consider placing milling on the road due to health problems two (2) residents experience in the area.

 ROAD DEPARTMENT/STORAGE

Mr. Hammell informed the Board that the Road Department was experiencing severe problems with storage of records. He said he had received a bid to add an addition on to an existing building for $8,000.00. The current storage building which houses records for several of the Departments in the county is leaking. Mr. Hammell said that the money was available in the Comm. Davis said that he is investigating the need for storage space for county records. Comm. Davis said that he had requested Board Secretary Jacqueline Martin to secure a survey from the various County Officials on their needs and what their present expenditures for storage space is. Comm. Davis said that he would be presenting this information before the Board. Comm. Foley moved to allow the Road Department to proceed with an addition for $8000. Comm. Dean seconded and the MOTION CARRIED.

 ROAD DEPARTMENT

Mrs. Sarah Miller asked if the the test results on CR 105 and CR316 by Universal Testing had bee received. Comm. Foley responded that the results have been returned and that Mr. Lee Mills has contacted White Construction and will be discussing the results and solutions with them. Comm. Foley said that he would then meet with Mr. Mills and report to the Board on the resolution.

 SHERIFF

Sheriff Ted Glass presented to the Board the findings of the committee for the COP grant from the federal government. Sheriff Glass requested that that Board approve the grant and said that he would endeavor to work in securing funds to retain the employees hired under the grant at the termination of the grant. Comm. Lindsey moved to approve the COP grant and authorize the Chairman of the Board to sign. Comm. Dean seconded, MOTION CARRIED.

  ZONING

Mr. Cook from Williston addressed the Board concerning the commercial zoning use on his property adjacent to SR 27. Mr. Herb Heesch, County Consultant said that when the Comprehensive Plan for Levy County was adopted that Mr. Cook’s property was grandfathered in for it use. It can not be changed and presently the Department of Community Affairs (DCA) has advised that the commercial use presently zoned in the county must be reduced. Mr. Rob Corbitt said that he had discussed the situation with Mr. Cook and appraised him that all of the surrounding municipalities were consulted when the Mutiple Service Districts (MSD) were designed for the Comprehensive Plan. Chairman Yearty asked Mr. Corbitt and Mr. Heesch to contact the Department of Community Affairs (DCA) for their position on Mr. Cook seeking a small scale plan amendment.

 PLANNING BOARD

Comm. Foley announced that Mr. Austin Sims appointed to the Planning Board had submitted his resignation. Comm. Foley moved to appoint Eugene Pollock to fulfill the unexpired term on the Planning Board. Comm. Lindsey seconded and the MOTION CARRIED.

 ROAD CLOSURE

Mr. Greg Beauchamp said that he had received a request from Ricky and Ginger Cook to advertise a road closing in the Cedar Key area. Mr. Beauchamp requested authorization to set public hearing for the second regular Board meeting in June. Comm. Davis moved to accept the request. Comm. Foley seconded and the MOTION CARRIED.

 RESOLUTION

Mr. Greg Beauchamp said that the City of Cheifland had asked for the county to send a resolution to the Department of Transporation for an overpass at the crossing at Chiefland High School. Mr. Beauchamp read the resolution into the record. Comm Foley moved to adopt the resolution. Comm. Lindsey seconded and the MOTION CARRIED.

 INTERLOCAL AGREEMENT

Mr. Greg Beauchamp presented an interlocal agreement between the county and The City of Williston regarding the installation of a traffic signal at US Highway 41 and SR 121. The signal light will be installed by the Department of Transportation (DOT) and the cost of maintenance will be provided equally by the county and the City of Williston. Comm. Davis moved to accept the interlocal agreement. Comm. Dean seconded and the MOTION CARRIED.

Mr. Hull asked if the light could be scheduled to a blinking light when traffic was not at its peak.

 TAX COLLECTOR

Mr. Greg Beauchamp read a letter from Mr. Donald Richburg, Tax Collector on unredeemed tax certificates. Comm. Davis moved to notify the tax collector to send the ten (10) day warning letter for impending tax deed applications. Comm. Dean seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Sammy Yearty, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court