REGULAR MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

February 17 , 1998

 The Regular Meeting of the Board of Levy County Commissioners was held on February 17, 1998 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Don Foley

Vice Chairman Don Lindsey

Comm. Wilbur Dean

Comm. Sammy Yearty

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. Skip Hammell followed by the Pledge of Allegiance to the Flag.

EXPENDITURES

 The following expenditures were presented for payment. Comm. Dean moved to authorize payment of the expenditures as presented. Comm. Davis seconded and the MOTION CARRIED.

 FUND                                                              AMOUNT
 CHECK NUMBERS: 11731-11929 (VOID 11917)

 GENERAL FUND                                       $200,865.32

 ROAD & BRIDGE FUND                               68,560.97

 LOCAL HOUSING ASSISTANCE                     648.00

 LOCAL LAW ENFORCEMENT FUND          2,331.00

 FINE & FORFEITURE FUND                          5,125.44

 EMERGENCY 911                                          10,040.22

 LANDFILL & RECYCLING                           20,607.18

 LAW ENFORCEMENT TRUST FUND              500.00

 COURT FACILITIES FUND                            2,619.71

 FLORIDA POWER GRANT FUND                    385.25

 EMERGENCY MEDICAL SERVICE             12,278.14

 LOCAL LAW ENF BLOCK GRANT               2,433.35

 SPECIAL CONSTRUCTION                         53,185.00

 LOCAL CRIMINAL JUSTICE TR                       109.49

 FIRE CONTROL FUND                                      208.10

 INTERGOVERNMENTAL COMMUN            1,105.84

 ST GRANT-JUVENILE JUSTICE                        306.12

 ADD REV BOND DEBT SERVICE              266,543.52

 UTILITIES FUND                                                170.00

 MSTU - HEATHERWOOD                               1,498.73

                                                        TOTAL $649,521.38

 MINUTES

Comm. Dean moved to approve the minutes of the regular meetings on January 20, 1998 and February 3, 1998. Comm. Davis seconded and the MOTION CARRIED.

 MUNICIPALITIES

Chiefland Police Chief Henry Nicholson requested assistance from the Board for the purchase of an additional laser radar detection device. Mr. Nicholson said the need for the additional unit is due to the increased traffic in Chiefland on US Highway 19/98 and Alternate 27. Chief Nicholson said a unit could be purchased for $3,795.00 direct from the dealer which was a reasonable cost for a laser radar detection unit. Comm. Yearty said he was concerned about purchasing equipment for one municipality would create a precedence to purchase equipment for other municipalities. Comm. Dean said the Board does not purchase equipment for the Sheriff Department and the Sheriff receives his radar units from the Florida Highway Patrol. Comm. Yearty said he would like a committee appointed to recommend a criteria to be followed when a municipality makes a request for assistance with purchasing equipment for law enforcement agencies. Chief Nicholson said his department writes more tickets than any other municipality due and needed the additional units to maintain safe traffic conditions.

Comm. Yearty moved to authorize 50 percent of the purchase price for the laser radar unit for the City of Chiefland. Comm. Lindsey seconded and the MOTION CARRIED.

 CLERK OF COURT/TO BOARD

Mr. Douglas M. McKoy said the Chief Judge has entered an order to increase court costs on citations and infractions by $30.00 and will be effective March 1, 1998. Mr. McKoy said this assessment is a court charge and eventually goes to the General Fund.

 MISCELLANEOUS

Mrs. Lilly Rooks asked for approval of a Proclamation recognizing March 15, 1998 to March 21, 1998 as Juvenile Justice Week. Mrs. Rooks said several programs have been implemented within the county to benefit juveniles through the Juvenile Justice Program.

Comm. Dean moved to adopt the Proclamation recognizing March 15, 1998 to March 21, 1998 as Juvenile Justice Week. Comm. Davis seconded and the MOTION CARRIED.

 GRANTS

Mr. Bill Lindberg asked for authorization to submit an application for a grant on behalf of the county to allow the University of Florida to monitor the artificial reefs off the coast in the Gulf of Mexico. Mr. Lindberg said the grant would allow funding to study the impact on public fishing from the artificial reefs. Mr. Lindberg said the only cost to the county would be a small administrative fee in applying for the grant. Comm. Yearty said this is a benefit to the county with no cost for the study. Mr. Lindberg said the funds result from the revenues on the purchase of fishing licenses and federal matching funds are from taxes on fishing gear and boat motors.

Comm. Yearty moved to proceed with the grant application for the study of the artificial reefs in cooperation with the University of Florida. Comm. Davis seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Bob Dunn said he is requesting to be rehired to his position as a paramedic and asked for consideration under the Americans with Disability Act. Mr. Dunn said he has been working as a lifeguard in an unpaid position in Citrus County. Comm. Dean said he would review the case as Personnel Chairman.

 ORDINANCES

Chairman Foley opened the public hearing on the proposed Junk and Debris Ordinance at 10:00 a.m. Mr. Greg Beauchamp read the proposed ordinance for the record. Chairman Foley recognized Ms. Sharon Carter, Ms. Tammy Daily, Mr. Jack Nichols, Ms. Renata Cannon, Mr. Jimmy Markham, Mr. Jerry Duncan, Ms. Dorothy Slaughter, Mr. Joe Gadsen, Mr. Noel Desmond, and Mr. William E. Storms who spoke in opposition to the proposed ordinance in regards to constitutionality, proposed wording, proposed penalty for failure to comply and ingress on private property. Chairman Foley recognized Mr. Charles A. Smith, Mr. Jim Davis, and Mr. Raymond Burns who spoke in support of the ordinance and said it has been needed for a number of years. Mr. Rob Corbitt spoke on the incidents which have occurred which necessitates a Junk and Debris Ordinance within the county.

Comm. Yearty moved to request Ms. Krista Kelly, Mr. Rob Corbitt, Mr. Greg Beauchamp and Chairman Foley to review the ordinance and consider the input received from the public hearing and make any revisions it considers necessary and advertise for a new public hearing. Comm. Davis seconded and the MOTION CARRIED.

 ROAD CLOSING

Chairman Foley opened the Public Hearing for the proposed road closing at 11:30 a.m. Mr. Greg Beauchamp read the proposed resolution for the road closing requested by James and Pat Willis located at:

That certain portion of Pine Street lying adjacent to and east of Lot 7, Block "c" of Eleston’s Addition To Williston, as recorded in Plat Book 3, Page 5 of the Public Records of Levy County, Florida. Said lands situate, lying and being in Levy County, Florida.

Chairman Foley asked for opposition to the proposed resolution and none was presented.

Comm. Davis moved to approve the resolution for closing that portion of Pine Street in Eleston’s Addition. Comm. Dean seconded and the MOTION CARRIED.

 MISCELLANEOUS

Mrs. Grace Huffman said she proposed to offer the incinerator she assisted in designing to the landfill for $1,000,000.00. Mrs. Huffman said the incinerator would reduce the amount of refuse to be disposed of if it was installed at the landfill. Chairman Foley said the county appreciated her offer but at this time it was not economically feasible to accept it.

Mrs. Grace Huffman asked if the county would consider reverting ownership to her for the end of the road on Morris Avenue in Graceland Shores. Chairman Foley said this would be reviewed and a response would be sent to her.

 INSURANCE

Mr. Billy Cobb said the record needed to be corrected on the insurance bid for real and personal property received from the Florida League of Cities since it was incorrectly read at the bid opening. Mr. Cobb said the correct bid was $28,774.00. Mr. Cobb said the committee had reviewed the bids received and recommended acceptance of the low bid for $19,562 received from Arthur J. Gallagher & Company with Public Risk Management. Mr. Cobb said Public Risk Management will be pro-rating the premium to $13,083.00 to make a concurrent October 1st effective date with the Worker’s Compensation coverage.

Comm. Yearty moved to accept the low bid package from Arthur J. Gallagher & Company as recommended by the committee. Comm. Lindsey seconded and the MOTION CARRIED.

 COMMISSIONERS

Mr. Billy Cobb said the Small County Coalition has requested two (2) commissioners to serve as liaisons with the coalition and a staff member to serve as contact person for the coalition. Chairman Foley asked Mr. Billy Cobb to be the staff member and Comm. Yearty and Chairman Foley will serve as the liaisons.

 TAX COLLECTOR

Mr. Billy Cobb presented the following Certificate of Correction of Non-Ad Valorem Assessment Roll for consideration:

Rubin and Mertie Mills, change from (two) 2 units to (one) 1 unit. Only one (1)unit on property.

Mr. Cobb said the property had been inspected and the Property Appraiser’s office agreed with the findings.

Comm. Dean moved to accept the Certificate of Correction of Non-Ad Valorem Assessment Roll. Comm. Davis seconded and the MOTION CARRIED.

W. E. Beftoulides, W. R. Haskins, Jr., J. E. Gray, 6490 SE 32nd Court, Gulf Hammock, a hunting camp with power and water.

Mr. Cobb said the property is used as a hunting camp and is not a full time residence. Mr. Cobb said the property is considered an improved parcel with electricity and water.

Comm. Yearty moved to deny the request. Comm. Lindsey seconded and the MOTION CARRIED.

 VETERAN’S OFFICE

Comm. Yearty said citizens have been requesting a full time Veteran’s Service Officer for quite a long period of time. Comm. Yearty said Mr. Leo Flynn has been the Veteran’s Service Officer on a part-time basis and has been adjusting his time to the needs of the citizens.

Comm. Yearty moved to offer a full time position as Veteran’s Service Officer to Mr. Leo Flynn with additional duties as deemed necessary by the Board. Comm. Dean seconded. Mr. Leo Flynn said he would accept the position as offered. The MOTION CARRIED.

 ANIMAL CONTROL

Comm. Yearty said he was notified of a situation which occurred in Yankeetown with a vicious dog and the Sheriff’s office. Comm. Yearty said he recommended the policy on Animal Control not picking up problem animals within a municipality be amended to allow them to make an exception in a crisis situation.

Comm. Yearty moved to amended the policy to allow an animal pickup within a municipality during a crisis situation when contact is made by the Sheriff or his commanding officer. Comm. Lindsey seconded. Mr. Noel Desmond asked if deadly force was the policy in this case. Sheriff Glass said Animal Control and the Sheriff office is working to prevent the necessity of using deadly force in controlling animals. The MOTION CARRIED.

 ROAD MAINTENANCE

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

N. E. 116th Street from N.E. 103rd Terrace to N. E. 105th Avenue, University Oaks, four (4) loads rock and grading, dedicated right-of-way and N.E. 122nd Avenue from N. E. 64th Place North, four (4) loads of rock and grading, dedicated right-of-way.

Comm. Dean moved to approve the maintenance on a one (1) time basis. Comm. Davis seconded and the MOTION CARRIED.

S. E. 160th Street (King Road), S. E. 72nd Court, S. E. 36th Court, S. E. 176th Place, S. E. 37th Avenue (off Butler Road), grading, 6 loads of rock, dedicated right-of ways on all roads.

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

Comm. Yearty said the traffic count has risen on King Road and has impacted the maintenance of the road. Comm. Yearty moved to place King Road on the regular maintenance system schedule. Comm. Lindsey seconded and the MOTION CARRIED.

N. W. 76th Avenue, Suwannee River Highlands, grading only, dedicated right-of-way.

Comm. Lindsey moved to approve the maintenance on a one (1) time basis. Comm. Dean seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Mr. Skip Hammell asked if vacation, sick and holiday leave could be included for the work week when overtime is necessary. Mr. Greg Beauchamp said the existing policy in the union contract allows the time to be paid as straight time and not as overtime. Mr. Beauchamp said the Finance Department was correctly interpreting the union contract for payment of overtime. Mr. Douglas McKoy said the rule is set by Wage & Hour Board and employees are paid hourly rates when the actual forty (40) hours have not been worked by the employee. Mr. McKoy said all time over the actual forty (40) hours worked is paid as overtime at 1.5 times the regular hourly rate. It was reported that the negotiation for a new union contract would begin soon for a contract which would go into effect October 1, 1998. Chairman Foley asked all Commissioners give consideration to this issue to see if they wanted to make a change in the contract prior to October.

 ROAD DEPARTMENT

Mr. Skip Hammell said a 1982 bucket truck is for sale by Florida Power Corporation. Mr. Hammell said the cost of the truck is $14,750.00. Comm. Dean said he has reviewed the request and the truck is needed by the Road Department. Comm. Dean said the cost of the truck exceeded the bid requirements, however, there is a need for the truck and other quotes were obtained which exceeded the cost being asked by Florida Power Corporation.

Comm. Dean moved to waive the bid policy and purchase the bucket truck from Florida Power Corporation for $14,750.00 with the supporting documentation of comparable quotes. Comm. Lindsey seconded and the MOTION CARRIED.

Mr. Skip Hammell said Ring Power had demonstrated a D-6 bulldozer with 480 hours on it. Chairman Foley said he had reviewed the bid and the difference with a trade in of the old bulldozer and the purchase of this bulldozer would be approximately $125,000.00. Chairman Foley said a new bulldozer would cost in excess of $200,000.00 and this would be a tremendous bargain. Mr. Hammell said the Road Department budget has the funds to purchase the bull dozer. Mr. Douglas McKoy said the purchase should be documented with comparable quotes on a D-6 bulldozer or similar models from other vendors. Comm. Yearty said that Jimmie Jerrels and Kelly Jerrels had researched for quotes of comparable equipment and needed to present the documentation.

Comm. Yearty moved to purchase the D-6 bulldozer from Ring Power and waive the bid process with the proper documentation being submitted by the Road Department. Comm. Davis seconded and the MOTION CARRIED.

 GRANTS

Mrs. Carol McQueen said a professional workshop has been scheduled for the Community Development Block Grant (CDBG) which will allow an additional five (5) points to be claimed on the application to be submitted. Mrs. McQueen said additional points can be gained if the county hires a employee from the Wages Program.

Mrs. McQueen said the Fair Housing Workshop is scheduled on March 3, 1998 at 2:30 p.m.

Mrs. McQueen presented the letter to the Department of Community Affairs committing $150,000.00 to the 1998 CDBG: Neighborhood Revitalization project. Comm. Yearty moved to authorize Chairman Foley to sign the letter. Comm. Davis seconded and the MOTION CARRIED.

 FESTIVALS

Mr. Greg Beauchamp said the annual application for the Withlacoochee Blue Grass Festival has been presented. Mr. Beauchamp said the Festival is scheduled for March 27, 28 and 29, 1998 and all guidelines will be met as in previous years. Comm. Yearty moved to accept the application for the Withlacoochee Blue Grass Festival. Comm. Davis seconded and the MOTION CARRIED.

 ROAD CLOSING

Mr. Greg Beauchamp said Mr. Jamie Griffin had made application and paid the appropriate filing fee for a road closing at:

That certain part of N. W. 62nd Terrace and N. W. 62nd court (also known as Utah Street and Nevada Avenue) as shown on the Plat of US 19, No. 8 addition, recorded in Plat Book 2, Page 67 of the Levy County Public Records, more particularly described as follows:

Beginning at the Southerly property line of Lot 10, Block D of the above said subdivision; thence run in a Northwesterly and Northeasterly direction to the Easterly line of Block C extended Northwesterly and the Point of Ending.

Mr. Beauchamp said a resolution had been prepared for a Public Hearing to be held March 17, 1998 at 10:30 a.m. for the proposed road closing. Comm. Lindsey moved to adopt the resolution. Comm. Dean seconded and the MOTION CARRIED.

 TAX COLLECTOR

Mr. Greg Beauchamp presented the list of lands available for purchase from a recent Tax Deed Sale. Mr. Beauchamp said the majority of the lands available are located in the Diversified Subdivision.

 MUNICIPALITIES

Mrs. Carol McQueen said the City of Chiefland is applying for an Economic Development Grant for water lines outside the city limits of Chiefland and is asking for county support. Comm. Dean moved to authorize Chairman Foley to sign a letter supporting the City of Chiefland’s grant application for the Economic Development Grant. Comm. Davis seconded and the MOTION CARRIED.

 COUNTY EMPLOYEES

Comm. Yearty said he recommended establishing a committee to form a construction department. Comm. Yearty said Mr. Rod Hunt and his helper have been handling construction work in the county and presently are on the Landfill Department payroll. Comm. Yearty recommended establishing a Construction Department under the Court House Maintenance Department. Chairman Foley appointed Comm. Yearty, Mr. Wayne Hardee, Mr. Bennie Jerrels, Mr. Jimmy Jones and Mr. Billy Cobb to study the recommendation.

 AGENCIES

Comm. Davis said the Levy County Development Authority has been working on establishing new guidelines with Mrs. Carol McQueen as Interim Director. Comm. Davis said an additional thirty (30) days of funding is necessary for the continued operation expenses.

Comm. Davis moved to authorize one (1) month funding for the Development Authority. Comm. Dean seconded and the MOTION CARRIED.

 BUILDING AND GROUNDS

Comm. Davis recommended replacing the roof on the Wilson Building and to pressure wash and paint the building and allow the Court House Maintenance Department use it as storage until the Space committee determines utilization of the space. Comm. Davis said $2,000.00 would replace the roof and repair the overhang.

Comm. Yearty moved to replace the roof using county employees for the construction work. Comm. Dean seconded and the MOTION CARRIED.

 COUNTY AGENT

Comm. Davis said the 4-H Club has made a request to build a fish pond with monies provided by the Department of Agriculture on the grounds at the County Extension office. Comm. Davis said the fish pond would be 100 x 100 and on the S. E. Corner of the property. There was no objection presented to the request.

 AGENCIES

Comm. Dean said the Withlacoochee Planning Council has requested an elected official and a representative appointed by the governor for the Council. Comm. Dean recommended Comm. Davis as the elected official and Mr. Albert Fuller be recommended to the governor for appointment. Comm. Yearty moved to accept the recommendation. Comm. Lindsey seconded and the MOTION CARRIED.

 RIGHT-OF-WAYS

Mrs. Carmen Proctor said she had ten (10) deeds to present for contiguous right-of-way on S. W. 77th Place to deed to the county. Mr. Skip Hammell said the monuments for the right-of-way would need to be located to determine the current road is in the correct location and not on private property which has not been deeded to the county. Mrs. Proctor said Pardue Land Surveying had surveyed various properties over the last few years and the cornerstones should be easy to locate. Mr. Skip Hammell and Mrs. Proctor will locate the monuments after the water has gone down and will make emergency repairs. Mr. Hammell said the repair work would be on a maintenance basis and the county would not install ditches or build up the road. Mr. Hammell said maintenance would not necessarily prevent the road from flooding. Mrs. Proctor gave Mr. Hammell the ten (10) deeds and advised there are several more forthcoming for the end portion of S. W. 77th Place.

 ORDINANCES

Chairman Foley said a proposed ordinance for Occupational Licenses needed to be reviewed for later discussion.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Don Foley, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court