REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

June 3, 1997

 The Regular Meeting of the Board of Levy County Commissioners was held on June 3, 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 Mr. Douglas M. McKoy followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 The following expenditures were presented for payment.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 8186-8358 (VOIDS 8185; 8356)

 GENERAL FUND                                       $564,371.32

 ROAD & BRIDGE FUND                               65,789.27

 LOCAL HOUSING ASSISTANCE                14,960.00

 LOCAL LAW ENFORCEMENT FUND          1,440.00

 FINE & FORFEITURE FUND                          6,603.12

 EMERGENCY 911                                            3,443.90

 LANDFILL & RECYCLING                             5,717.66

 COURT FACILITIES FUND                                 22.46

 FLORIDA POWER GRANT FUND                    151.00

 EMERGENCY MEDICAL SERVICE             15,122.84

 FIRE CONTROL FUND                                   9,496.00

 ST GRANT-JUVENILE JUSTICE                        416.03

                                                        TOTAL $687,534.58

Comm. Foley moved to approve the bills for payment. Comm. Davis seconded and the MOTION CARRIED.

 MINUTES

Comm. Dean moved to approve the minutes of the regular meeting on May 20, 1997. Comm. Davis seconded and the MOTION CARRIED.

 US FISH & WILDLIFE SERVICE

Mr. Ken Litzenberger with the US Fish & Wildlife Service presented the county with a check in the amount of $33,094.00 in lieu of the property taxes for the publicly owned lands within the county. Chairman Yearty thanked Mr. Litzenberger for the payment and for the excellent service the agency provides to the county.

 BIDS/HEALTH INSURANCE

Comm. Foley said that the bids had been reviewed and the two (2) top bids are AvMed and Ultra-Medix. Comm. Foley said that further review of the bids is needed. Comm. Foley moved to postpone the decision of the health insurance bid until the next regular meeting on June 17, 1997. Comm. Davis seconded and the MOTION CARRIED.

 COURT ADMINISTRATOR/EIGHT JUDICIAL CIRCUIT

Mr. Ted McFetridge, Court Administrator presented the 1997/1998 Circuit budget request for the Eighth Judicial Circuit. Mr. McFetridge recommended a workshop prior to the finalization of the budget to discuss the requests submitted in the budget.

Mr. McFetridge said that new legislation recently approved by the State will offer the county a potential to collect additional funds from some criminal and traffic cases. Mr. McFetridge added that the funds will be earmarked for court houses and court related expenses.

Chairman Yearty asked Clerk of Court, Douglas M. McKoy to coordinate two (2) workshops in conjunction with the budget hearings for the new fiscal year.

 EMERGENCY MEDICAL SERVICES/BIDS

Board Secretary, Mrs. Jacqueline Martin opened the one (1) bid received which was advertised for a utility vehicle for the Emergency Medical Services Director. The bid received was from:

Scoggins Chevrolet-------------------------$21,890.00

Mrs. Jacqueline Martin said that no other bids had been received and that the bid had been properly advertised.

Chairman Yearty appointed a committee of Mr. Billy Cobb, Mr. Bill Beddow, Comm. Wilbur Dean, Mr. Skip Hammell to review the bid and make a recommendation to the Board. Mr. Billy Cobb later reported to the Board that the bid met the specifications advertised and the price was comparable to the last vehicle purchased on bid for the Road Department. Comm. Dean moved to accept the bid received from Scoggins Chevrolet. Comm. Davis seconded and the MOTION CARRIED.

 UTILITY/WEST FLORIDA NATURAL GAS

Mr. John Hill and Ms. Kim Futch of West Florida Natural Gas made a presentation for a proposed main extension to connect service to Markham Farms and Acticarb. Mr. Hill said that they are requesting approval to use the county right-of-way for the pipeline. Mr. Hill provided documentation on the depth of the pipeline and the site location in Levy County and connecting into Marion County. Chairman Yearty appointed a committee of Mr. Skip Hammell, Mr. Kelly Jerrells, Mr. Bill Cobb, Mr. Bill Beddow and Mr. Osborn Barker to meet with Mr. Hill and discuss the installation of this extension. The committee will report to Board on their findings.

Mr. Tommy Needham, retired Marion Board of County Commissioner spoke in support of the gas line extension. Mr. Needham said that it will provide employment opportunities in Marion and Levy counties and believes solutions can be found to assist in the installation of the pipeline.

 BUILDING AND ZONING

Mr. Herb Heesch presented a petition for a Hardship Variance as follows:

Petition No. VA-00352 - Mildred Robinson, to allow an additional dwelling in order for her nephew to care for her mother, Jessie Graham, on a parcel of land located in the SW 1/4 of the NE 1/4 in Section 33, Township 14S, Range 16E on a parcel of land containing 37.82 acres more or less and is located within an Agriculture/Rural Residential (A/RR) zone.

 There was no opposition from the public in granting the variance. Comm. Davis moved to accept Petition No. VA-00352 for a Hardship Variance for Mildred Robinson. Comm. Foley seconded and the MOTION CARRIED.

 LANDFILL/CITIZEN INPUT

Mrs. Sarah Miller requested copies of the inspection reports for on-site and follow-up letters from the Department of Environmental Protection (DEP) for the landfill. Chairman Yearty said that Mr. Wayne Hardee had provided the reports which could be located and they were available to the public for the cost of copies. Chairman Yearty stated for the record that Mrs. Sarah Miller had been provided with all reports from the Department of Environmental Protection (DEP)which could be located. Chairman Yearty said that the Department of Environmental Protection (DEP) informed the county that there were no other reports available other than the reports of 04/20/97 and 05/08/95. Chairman Yearty stated that if reports could not be located then they could not be provided.

 ROAD DEPARTMENT

Comm. Foley said that Mr. Lee Mills, County Engineer and Mr. Skip Hammell of the Road Department had discussed with White Construction the problems found on CR 316 and CR 105 and what is necessary to correct the problems as reported by Universal Testing.

Mr. Lee Mills requested authorization to proceed in discussions with White Construction requesting the county’s recommendations on repairing and/or repaving portions of the roadways and clarifying the expenses to be assumed by White Construction and what the county will assume. Mr. Mills said that he strongly recommended a warranty statement indicating that if proof of defective materials are discovered within three (3) years, the contractor will make good the defective materials. Chairman Yearty authorized Mr. Mills to proceed with his recommendations to White Construction to resolve the problems found on CR 316 and CR 105.

Chairman Yearty asked Mr. Lee Mills to investigate if it was necessary to have laboratory testing on the county roads which are scheduled to be paved by the road department and to report on his findings. Comm. Foley advised that the road testing of this nature is approximately $300.00 and would recommend the testing on the surface base of the road prior to paving. Comm. Lindsey said that the testing would be money well spent on the roads which are paved by the county to prevent problems with the roadways in the future.

 ATSENA OTIE KEY

Chairman Yearty informed the Board that he had received correspondence from Mr. Jerry A. Scarborough of Suwannee River Water Management District advising that with the purchase of Atsena Otie Key in Cedar Key and the management by Mr. Ken Litzenburger of the U. S. Fish and Wildlife that they would be willing to retain ownership of Atsena Otie Key if Levy county was in agreement. After some discussion, Comm. Lindsey moved to allow the ownership of Atsena Otie Key to remain with the Suwannee River Water Management District who purchased the key with their available land purchase funds. Comm. Dean seconded and the MOTION CARRIED. Chairman Yearty asked County Attorney, Mr. Greg Beauchamp to notify the Suwannee River Water Management District of the Board’s decision.

 ROAD DEPARTMENT/MAINTENANCE

Mr. Skip Hammell recommended the following roads to be repaired on a one (1) time basis:

NE 120th Terrace in Sunny Highlands, dedicated right-of-way.

Comm. Dean moved to repair as recommended on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.

NE 88th Lane at NE 125th Avenue in University Estates, dedicated right-of-way.

Comm. Dean moved to repair as recommended on a one (1) time basis. Comm. Lindsey seconded and the MOTION CARRIED.

Mr. Skip Hammell recommended the following roads to be taken into the county road maintenance system:

NE 110th Avenue from NE 105th Street to NE 109th Place, NE 109th Place from NE 110th Avenue to NE 108th Street, NE 109th Street from SR 24 to NE 109th Place, all located in University Oaks Subdivision with dedicated right-of-ways, 0.61 miles long.

Comm. Dean moved to place the recommended roads into the county road maintenance systems. Comm. Lindsey seconded and MOTION CARRIED.

 CEDAR KEY AIRPORT

Mr. Lee Mills was asked by Chairman Yearty to proceed with the plans for the Cedar Key Airport. Chairman Yearty asked Mr. Mills to give consideration on placing some type of low ground cover plants on the northerly side of the road and runway where the county has cleared the property. Chairman Yearty said complaints have been filed by residences living around the airport on usage of the area by the general public. Mr. Wayne Hardee’s department will be responsible for the construction of a plant buffer zone. Chairman Yearty appointed Mr. Billy Cobb and Mr. Wayne Hardee as a committee to this project. Comm. Foley moved to proceed with the plans for the Cedar Key Airport. Comm. Davis seconded and the MOTION CARRIED.

 SHIP

Mrs. Carol McQueen presented a Deferred Payment Loan Agreement for Judy E. Thomas in the principal amount of $15,000.00 for real property located at Lot 10, Block B, D.D. Allen’s First Subdivision to the Town of Inglis. Comm. Dean moved to approve the Deferred Payment Loan Agreement as presented. Comm. Davis seconded and the MOTION CARRIED.

ROAD CLOSURE

Mr. Greg Beauchamp, County Attorney presented a resolution for a public hearing on July 8, 1997 at 10:30 a.m. for Ms. Peggy Madden requesting a road closure located at that certain 16.5 foot alley lying between Lots 41 and 42, Block 11 of Fannin Springs Annex, as recorded in Plat Book 3, Page 31, of the Public Records of Levy County, Florida. Comm. Dean moved to hold the public hearing for the road closing. Comm. Davis seconded and the MOTION CARRIED.

 DRUG FREE WORKPLACE

County Attorney, Mr. Greg Beauchamp said that Mr. Paul Donnelly, attorney for the union members advised that the contract for the union employees does not allow random drug testing for the employees who do not have CDL licenses. Mr. Beauchamp said that this would need to be addressed upon renegotiation of the contract with union employees. Mr. Billy Cobb, Administrative Assistant said that the Drug Program is proceeding and that the random drug testing can begin on all employees who hold CDL’s. Mr. Cobb indicated that all CDL holders, department heads and administrative assistants will be included in the pool for random drug testing. It was clarified that a bargaining unit employee cannot be placed in the pool for random drug testing. Comm. Foley moved that the individual county commissioners should be included in the random pool. Comm. Dean seconded and the MOTION CARRIED.

 WITHLACOOCHEE PLANNING COUNCIL

Comm. Dean said that a municipal representative needed to be appointed to the Withlacoochee Planning Council. Comm. Dean moved to appoint Mr. Cameron Asbell for the City of Bronson. Comm. Lindsey seconded and the MOTION CARRIED.

 BUILDING/ARCHITECT

Mr. Billy Cobb said that two (2) bids had been from architects for the Building and Zoning building which is to be remodeled or new construction. The bids received were as follows:

A&A Alexander and Associations, Chartered Architects & Planners, Belleair, FL

Ira Winarsky, Architect, Archer, FL

Chairman Yearty appointed a committee of Comm. Davis as chairman, Mr. Billy Cobb, Mr. Rob Corbitt and Mr. Greg Beauchamp to review the bids and proceed with negotiations, with the board retaining the right to reject both bids if they are unacceptable. The committee will notify the board of their recommendation after reviewing the bids.

There was discussion on appointing a committee to review the needs for the Emergency Operations Center and the building construction. Chairman Yearty recommended appointment of a committee comprised of Comm. Davis, Mr. Rob Corbitt, Mr. Billy Cobb and Mr. Osborn Barker to draft the plans for the building. Chairman Yearty said that Comm. Davis has the experience for creating building plans and can design the Emergency Operations Center building. Comm. Dean moved to appoint the committee as recommended. Comm. Foley seconded and the MOTION CARRIED.

Mr. Billy Cobb is to obtain clarification from Mr. Rob Corbitt on the type of certification required if the county proceeds with their own design and construction.

 SUWANNEE RIVER WATER MANAGEMENT WORKSHOP

The second public workshop concerning flood protection opened at 1:30 p.m. for the Levy County Water Plan. The Suwannee River Water Management District presented recommendations for the county to consider in adopting a water plan for preserving natural features of the flood plains, flood protection facilities with flood prone areas in Levy county. The Suwannee River Water Management District promotes nonstructural flood protection, effective regulations for storm water facilities with review and reports of operation and maintenance. They recommend updating and more detailing of the flood maps for the area and promoting public awareness and education. It was noted that the Suwannee River Water Management and the South West Water Management District have cooperated to assist the county with the water plan.

The third public workshop will provide additional information for the Levy County Water Plan on water management.

 NOISE ORDINANCE

Comm. Foley asked Mr. Billy Cobb to contact Mr. Greg Beauchamp, County Attorney and have him to proceed with preparation of a noise ordinance for consideration by the Board.

 MUNICIPALITIES

Comm. Foley said correspondence had been received from Mr. Earl Cannon, City Manager of Chiefland requesting assistance from the county to purchase Hawk radar guns for the Chiefland Police Department. Comm. Foley said that this was not considered in the budget and it would set a precedence which other municipalities within the county. It was discussed that the purchase of the radar guns for the Florida Highway Patrol resulted from fines from citations written by the troopers and collected by the county. It was also noted that the Florida Highway Patrol donated their old radar guns to the Levy County Sheriff Office. Comm. Foley moved to notify the City of Chiefland that the county would not be able to purchase radar guns for the city. 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