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Minutes of Levy County Commission meeting on March 20

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REGULAR MEETING
MARCH 20, 2012

The Regular Meeting of the Board of Levy County Commissioners was held on March 20, 2012 at 9:00 AM in the Levy County Board of County Commissioners meeting room, with the following Commissioners present: Chairman Danny Stevens, Comm. Marsha Drew, Comm. Ryan Bell, Comm. Mike Joyner
Also present were: Clerk of Court – Danny J. Shipp, County Attorney – Anne Bast Brown, County Coordinator – Fred Moody, Assistant to the County Coordinator – Dick Tummond
 Chairman Stevens called the meeting to order at 9:00 AM.  Comm. Joyner gave the invocation, followed by the Pledge of Allegiance.
EXPENDITURES
 Comm. Drew made a motion to approve the following expenditures presented for payment.  Second was made by Comm. Bell and the MOTION CARRIES.
 
CHECK NUMBER     107517-107631
FUND                 AMOUNT
GENERAL REVENUE         58,668.92
ROAD                 162,294.33
SHIP                                 150.00
COURT TECH/CRIM PREV                       81.63
TRANSPORTATION                 18,318.81
911                                        2.42
COURT FACILITIES                         41.99
PROGRESS ENERGY                          312.25
EMS                           26,388.70
FIRE                               2,530.95
TOURIST DEVELOPMENT             2,182.19
UTILITIES                             109.23
ADD COURT COSTS                           461.90
LANDFILL                                      17,178.02
TOTAL                 $388,721.34
 
MINUTES
 The minutes for the regular Board meeting held on February 7, 2012 were presented for Board approval.
 Comm. Bell made a motion to approve the minutes from the regular Board meeting held February 7, 2012 with changes.  Second was made by Comm. Drew and the MOTION CARRIES.

STUDENTS WORKING AGAINST
 TOBACCO (S.W.A.T.)
 A.    Request the adoption of Resolution 2012-19 urging tobacco retailers to consider the cessation of the sale and marketing of flavored tobacco products due to youth appeal and negative health impacts in Levy County; providing an effective date.
Kristina Zachry spoke to the Board and requested approval of Resolution 2012-19 urging tobacco retailers to consider the cessation of the sale and marketing of flavored tobacco products due to youth appeal and negative health impacts in Levy County.  The following members of S.W.A.T. (Students Working Against Tobacco) spoke:  Ansley Pense, Casey Renally, and David Hallman.
Comm. Drew read into public record the title of Resolution 2012-19 and made a motion to approve.  Second was made by Comm. Bell.
Comm. Stevens re-stated his position from the previous meeting where this item was brought up as he would rather target the tobacco manufacturers, as he does not feel it is the Board’s place to tell retailers what to do.
Comm. Joyner encouraged the SWAT group to approach individual retailers with their request.
Comments and concerns were voiced by Renate Cannon and Alta Brewer.
After further discussion, the votes were as follows:
Yes:  Comm. Joyner, Comm. Bell, Comm. Drew
No: Comm. Stevens
The MOTION CARRIES.
 
SUWANNEE RIVER WATER
MANAGEMENT DISTRICT
Jon Dinges
A.    Presentation on water supply to indicate the status of groundwater resources in North Florida and an update on the implementation of the Interagency Agreement between Suwannee River, St. Johns River and D.E.P. in respect to water supply issues.
Charlie Houder, Assistant Executive Director for the Suwannee River Water Management District first spoke to the Board and introduced Mr. Dinges and John Minnis.
Jon Dinges provided each Commissioner with a handout regarding the North Florida Regional Water Supply Partnership.  Mr. Dinges then gave a presentation to the Board on the water supply to include the status of groundwater resources in North Florida and an update on the implementation of the Interagency Agreement between Suwannee River, St. Johns River and DEP in respect to water supply issues.
Members of the audience who spoke regarding this topic were: Renate Cannon, and Tammy Silva.
 
NATURE COAST BUSINESS
DEVELOPMENT COUNCIL
David Pieklik, Executive Director
A. Presenting Progress Report.
Mr. Pieklik gave a progress report of the Nature Coast Business Development Council to the Board.
 
911 ADDRESSING
Mike West, 911 Coordinator
A. Requesting approval for agreement with Essential Management Solutions, LLC.
Mr. West requested Board approval for the Agreement with Essential Management Solutions, LLC and stated a grant has been obtained to cover the cost of the Agreement which is $55,480.
Comm. Drew made a motion to approve the Agreement with Essential Management Solutions, LLC as requested.  Second was made by Comm. Bell and the MOTION CARRIES.
 
LYNN E. SLAUGHTER
A. Follow-up on Sheriff’s Office.
Lynn Slaughter provided each Commissioner with information on an issue she had with the Sheriff’s Department back in 2008 and requested the Board implement a Citizens Review Board.
 After discussion, the Board agreed and informed Ms. Slaughter they cannot help with her issue and advised her she would need to deal with the Sheriff’s Department.
Renee Slaughter then spoke to the Board on behalf of her mother.
 
DEPARTMENT REPORTS
 
COUNTY ATTORNEY — Anne Bast Brown
A.    Adoption of Resolution urging Governor Scott to veto HB 5301 (Medicaid Cost Shift).
Atty. Brown requested Board approval of Resolution 2012-20 urging Governor Scott to veto HB 5301, which shifts costs of disputed Medicaid bills to the counties and local taxpayers.
Comm. Drew made a motion to approve Resolution 2012-20 as requested.  Second was made by Comm. Bell and the MOTION CARRIES.
 
COUNTY COORDINATOR — Fred Moody
A.    Presenting letters of Agreement with Nabors, Giblin & Nickerson, P.A. for:
1. Fire Protection Assessment Program.
2. EMS, Road Maintenance and Solid Waste Assessment Programs.
Mr. Moody presented and requested Board approval of the Letter of Agreement with Nabors, Giblin & Nickerson, P.A. for the Fire Protection Assessment Program and the EMS, Road Maintenance and Solid Waste Assessment Programs.  The fees for professional services for the Fire Protection Assessment Program are:  $12,000 to Nabors, Giblin & Nickerson, P.A. and $18,500 to Government Services Group, Inc.  The fees for professional services for the EMS, Road Maintenance and Solid Waste Assessment Programs are:  $25,500.
 Comm. Bell made a motion to approve the Letter of Agreement with Nabors, Giblin & Nickerson, P.A. for the Fire Protection Assessment Program and the EMS, Road Maintenance and Solid Waste Assessment Programs as requested.  Second was made by Comm. Drew and the MOTION CARRIES.
3. Impact Fee Programs Update.
Mr. Moody requested Board approval of the Impact Fee Programs updates for Parks and Recreation, Roads and EMS.  The expected fees and cost for professional services can be accomplished for a not-to-exceed fee of $8,500.  Mr. Moody explained this amount does not include Roads.
Comm. Bell made a motion to approve the Impact Fee Programs Update as requested.  Second was made by Comm. Drew and the MOTION CARRIES.
B.  Request approval to solicit RFP’s for consulting services required in connection with proposed projects at the George T. Lewis Airport.
Mr. Moody requested Board approval to solicit RFP’s for consulting services required in connection with proposed projects at the George T. Lewis Airport
Comm. Bell made a motion to approve soliciting RFP’s for consulting services as requested.  Second was made by Comm. Joyner and the MOTION CARRIES.
 
EMERGENCY MANAGEMENT — Mark Johnson, Director
A.    Request to accept the Agreement for Professional Services between Withlacoochee Regional Planning Council (WRPC) and Levy County.
Mr. Johnson requested Board approval to accept the Agreement for Professional Services between Withlacoochee Regional Planning Council (WRPC) and Levy County.  Mr. Johnson explained this Agreement is for Professional Services for technical assistance and coordination of the 2012 Levy County Hurricane exercise between the WRPC and Levy County which is scheduled for May 24th in Cedar Key.  The complete project amount is $14,740.65. 
Comm. Bell made a motion to accept the Agreement for Professional Services between Withlacoochee Regional Planning Council and Levy County.  Second was made by Comm. Joyner and the MOTION CARRIES.
 
CORRESPONDENCE
 Karen Blackburn
A.    Presenting proof of publication for the redistricting advertisements.
 Mrs. Blackburn presented to the Board for proof of publication for the redistricting advertisements as required by Florida Statutes.
 
ROAD DEPARTMENT — Bruce Greenlee, Administrative Road Superintendent
A.    Request approval of Resolution 2012-16; authorizing execution of a Railroad Reimbursement Agreement for the installation of grade crossing traffic control devices, and future maintenance and adjustment of said devices, providing for the expenditure of funds; and providing when this resolution shall take effect.
Mr. Greenlee requested Board approval of Resolution 2012-16; authorizing execution of a RR Reimbursement Agreement with the State of Florida Department of Transportation and the Florida Northern Railroad.  The crossing is at CR 464 and SE 55th St. near Williston.  Mr. Greenlee stated Levy County’s portion of the annual maintenance is about $1,700.
Comm. Joyner made a motion to approve Resolution 2012-16 as requested.  Second was made by Comm. Bell and the MOTION CARRIES.
 • Mr. Greenlee requested the Board hear a non-agenda item.
 Comm. Bell made a motion to hear a non-agenda item.  Second was made by Comm. Drew and the MOTION CARRIES.
 Mr. Greenlee requested Board permission to get quotes for pit blasting, not to exceed $8,000 - $9,000.   
Comm. Bell made a motion to approve the Road Department getting quotes for pit blasting as requested.  Second was made by Comm. Joyner and the MOTION CARRIES.
 
SHIP — Dick Tummond, Assistant to County Coordinator          
Presenter: Debbie R. Roumelis Planning and Development Services
Request to authorize the Board Chairman or the County Coordinator to request and execute a modification to the NSP3 grant budget. 
Ms. Roumelis spoke to the Board and explained the Florida Department of Economic Opportunity discovered they had issued an incorrect amount in the “set aside” category of the NSP3 grant for very low income rental housing.  Ms. Roumelis presented the Board with a revised budget and explained the adjustments made.
Comm. Drew made a motion to authorize the Board Chairman or County Coordinator to request and execute a modification to the NSP3 grant budget.  Second was made by Comm. Bell and the MOTION CARRIES.

The meeting recessed at 11:16 A.M.
The meeting reconvened at 11:27 A.M.

COMMISSIONER’S REPORTS
 • Comm. Drew stated she had met with Wendy Crawford, the Director of Purchasing in Citrus County and received information regarding their purchasing procedures.  She will come back to the Board with her findings once she had compiled all the information she has gathered.
 • Comm. Bell made a motion to hear a non agenda item.  Second was made by Comm. Drew and the MOTION CARRIES.
Comm. Bell spoke with the Commissioners of the newspaper advertising issue.  After research, Comm. Bell stated the maximum spent on advertising for the Board is around $6,000.  Comm. Bell stated he had asked representatives from both of the local newspapers to be in attendance today.  
Andy Andrews and Tom Ten Broeck both spoke to the Board.
After discussion, Comm. Bell made a motion to continue “business as usual” for the remainder of the calendar year.  Second was made by Comm. Drew and the MOTION CARRIES.
 Renate Cannon requested the Board keep non-agenda items limited to emergencies only.
 Comm. Stevens
A. Ratification of a Memorandum of Agreement.
Comm. Stevens presented and explained a Memorandum of Agreement to the Board.  After a recent meeting with Chief Judge Lott, and subsequent actions taken by her, Comm. Stevens asked if board would make a motion to “not” sign the Memorandum of Agreement.
Comm. Drew made a motion to “not” sign the proposed Memorandum of Agreement.  Second was made by Comm. Bell and the MOTION CARRIES.
 B. Letter to Chief Judge Lott in response to Administrative Order 1.300.
Comm. Stevens presented a letter prepared by Atty. Brown to Chief Judge Lott in response to Administrative Order 1.300.
Comm. Joyner made a motion to approve the letter prepared by Atty. Brown.  Second was made by Comm. Bell and the MOTION CARRIES.
 C. Proposal from Nabors, Giblin & Nickerson, P.A. (NGN), for special counsel services in proceedings related to challenge of Administrative Order 1.300.
Atty. Brown presented information to the Board regarding Special Counsel services in proceedings related to the challenge of Administrative Order 1.300.  She advised the Board challenging the Order would not be necessary.
There was no vote on this item.
 Danny Shipp presented a letter from the judges in New Jersey requesting use of the Courthouse to hold a meeting for the Board's information.
 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION, THE MEETING ADJOURNED AT 12:04 P.M.