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BOCC Minutes July 1, 2009


9:00 A.M.
The Board of County Commissioners of Madison County, Florida met this day in Regular Session with the following members present: Justin Hamrick (District 1), Wayne Vickers (District 2), Renetta Parrish (District 3), Alfred Martin (District 4), and Roy Ellis (District 5). Also present were County Coordinator Allen Cherry, County Attorney George T. Reeves, and County Clerk Tim Sanders.
The Chairman, Honorable Wayne Vickers, called the meeting to order and Mr. Sanders opened with prayer and pledge to the flag.
Upon a motion by Commissioner Parrish, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve the agenda as presented.
The minutes of the Regular Meeting held on June 17, 2009 were presented for review. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve said minutes as presented.
Honorable Ben Stewart, Madison County Sheriff, recognized Deputy Tina Demotsis, who introduced Heather Walsh-Haney, Ph.D. of Florida Gulf Coast University. Dr. Walsh-Haney reported that she and a team of forensic anthropologists and a forensic artist were in Madison to exhume a 1980 hit and run victim for the purpose of identification. She stated that Deputy Demotsis was responsible for the cold case inquiry and the exhumation would take place at the Oak Ridge Cemetery.
Sheriff Stewart also presented a photograph of Deputy Doug Haskell and Deputy Kevin Anderson, who during the morning hours, seized five (5) kilograms of cocaine and $65,000 in cash.
The Sheriff also presented to the Board for consideration a Edward Byrne Memorial Justice Assistance Grant (JAG) Program CERTIFICATE OF PARTICIPATION in the amount of $65,370 to be split with the City of Madison. Upon a motion by Commissioner Martin, seconded by Commissioner Ellis, the Board voted unanimously to amend the agenda to consider said participation agreement, which would be administered by the Board. A motion was then made by Commissioner Martin and seconded by Commissioner Ellis to approve said CERTIFICATE OF PARTICIPATION. Motion carried 5-0.
Upon a motion by Commissioner Ellis, seconded by Commissioner Parrish, the Board voted unanimously to approve the Consent Agenda (1. Approval of revised Madison County Drug-Free Workplace Policy and Procedures; 2. Approval of Mosquito Control Tentative Budget for Fiscal Year 2009-2010; 3. Approval of Budget Amendment Request for Transportation Disadvantaged).
Road Department Coordinator Robert Henderson referred to a multi-page document entitled ROAD PAVING/RESURFACING PROJECTS FY 2005 – FY 2009 that itemized said projects for each County Commission District. Mr. Henderson referred to the “Funding Source” for each project and explained the Florida Department of Transportation (FDOT) selects those state-funded projects through its SCRAP, SCOP, and TRIP road improvement programs without consideration of the County’s Priority List of road improvements.
County Engineer Bill Steves referred to the Road Paving/Resurfacing Projects mileage totals for each District and reiterated the county receives state funding for certain roads based upon FDOT’s road improvement criteria. Mr. Steves suggested each Commissioner submit a new list of roads in their District that needs improvement and the Road Department can then prioritize them by traffic counts beginning in August. Commissioner Martin recommended the Board look at the funds available to determine the County’s future paving projects. Commissioner Parrish asked Mr. Henderson for a list of roads that the Road Department has determined to be in need of improvement by District.
County Planner Jeanne Bass referred to “Section 4.5 Development Standards” of the County’s Land Development Code regarding “Special densities for lots for use of family homesteads”. She reported the Planning and Zoning Board (P & Z) offered the following revisions to said Section 4.5(6) (underlined wording to be eliminated; bold added) before going through with the Public Hearing process:     
“In accordance with Chapter 163.3179, Florida Statutes, and in order to perpetuate the family homestead in rural areas, each parcel in single ownership as of the effective date of the Madison County Comprehensive Plan, which parcel that is located in an Agriculture 1 or Agriculture 2, and Rural Development land use district, may be subdivided for use solely as a homestead by an individual who is a grandparent, parent, …..”
“(1) The property being transferred must be used for the primary residence of the grantee and must include a deeded easement or right of ingress and egress to a county or state maintained road, or private road of record, if the parcel being created does not have direct frontage on a county or state maintained road.”
“(4) This special density provision may be utilized on only one (1) occasion per eligible individual grantee. The grantor may exercise this special density provision for other eligible individual grantees, so long as the maximum allowable density for the property transferred from the original parcel can be met.”
Discussion followed on the recommended revisions from P & Z. Commissioner Ellis referred to the “effective date of the Comprehensive Plan” in 1991 and suggested a period of time, such as five (5) years, after purchase of property. P & Z Member Bill Thompson questioned the reference to only “Homestead Exemption” property. The County Attorney suggested, instead of “Homestead Exemption”, use terminology that subject property is “homesteaded”. A motion was made by Commissioner Ellis and seconded by Commissioner Martin for the Board to send said Section 4.5 back to the Planning and Zoning Board with the following suggested revisions: a) Do not delete the first sentence in Section 4.5 (6)(4), “This special density provision may be utilized on only (1) occasion per eligible individual grantee”, and b). Consider a time period such as two (2) years from time of purchase. Motion carried 5-0.
            Under Petitions From The Public, Madison County Chamber of Commerce and Tourism Executive Director Ted Ensminger reported a 75 seat full service Mexican restaurant will locate in the old Food For Thought Restaurant building on U.S. 90 in Madison.
            Discussion followed regarding the proposed Fire Coordinator position. Sirmans Volunteer Fire Department Chief George Blevins suggested the issues between the Board and the Volunteer Fire Departments boil down to a lack of communication and asked the Board to consider having a workshop with the volunteer firemen, and also with the Suwannee County Public Safety Official, who spoke at the last Regular Meeting. Mr. Blevins also asked Commissioner Martin, because of his wealth of fire services knowledge, to work with the volunteer fire departments and help them look at their needs. Commissioner Ellis reported that Florida Statutes allows Emergency Management to perform many of the duties proposed for the new Fire Coordinator.  He referred to changes that he made to the wording of the proposed job description of the Emergency Management Program Coordinator/County Fire Coordinator position, which leaves out “Fire Coordinator” language, and suggested the proposed job description go back to committee for review. Commissioner Martin stated he thought the Fire Coordinator position was still the way to go for the County. After further discussion, a motion was made by Commissioner Ellis and seconded by Commissioner Hamrick, for the Board to allow the committee made up of Commissioner Martin, Emergency Management Director Vicki Brown, Mr. Cherry, a Volunteer Fire Department member, and also Mr. Reeves, to reconsider the proposed job description using his notations to delete Fire Coordinator language, and also “Emergency Management Powers” language found in Florida Statutes, and bring back a new job description for the Emergency Management Program Coordinator position. Motion carried 3-2 with Commissioners Martin and Parrish opposed.
Honorable Frances Ginn, Madison County Tax Collector, presented to the Board the Tax Collector’s Recapitulation of the Tax Roll(s) for Madison County Florida for the 2008 tax year. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve said recap.
The County Attorney directed the Board’s attention to an INTERLOCAL AGREEMENT between Madison County and the Madison County Health and Hospital District regarding the use of Voter Approved Indigent Care Surtax revenues to fund the “Conceptual”, “Schematic”, and “Design Development” portions of architectural services to construct the new hospital. The total amount to be paid to the architectural firm of Clemons, Rutherford & Associates, Inc. for said work under this agreement is $441,000. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve said INTERLOCAL AGREEMENT.
Mr. Ensminger reported on June 22nd the Tourist Development Council (TDC) met in a joint meeting with the Madison County Chamber of Commerce Board of Directors and approved amending of the existing 2008-2009 fiscal year budget. The proposed amendment would shift up to $23,000 to “Marketing; Chamber Contract” from other budgeted line items, keeping the approved total budget of $130,650 unchanged. A motion was made by Commissioner Ellis and seconded by Commissioner Martin to approve the TDC recommended budget amendment. Motion carried 5-0. Mr. Ensminger also presented a list of Chamber Fund Raising Projections for 2009 and 2010.
Commissioner Martin had to leave the meeting at 10:50 A.M.
The Clerk presented a Budget Amendment request from New Home Volunteer Fire Department in the amount of $20,000 from Fire Services reserves to purchase a new Brush Truck. It was noted the Fire Board approved said request at its last meeting. A motion was made by Commissioner Parrish and seconded by Commissioner Hamrick to approve said request.   Motion carried 4-0.
The Clerk referred to A RESOLUTION AUTHORIZING AN AMENDMENT TO A LOAN AGREEMENT WITH BANK OF AMERICA, N.A. AND A RENEWAL PROMISSORY NOTE; AND PROVIDING AN EFFECTIVE DATE. He explained the proposed resolution was required to restructure the debt for the Interstate 10 infrastructure loan of $2,500,000 in 2006, which now has a remaining balance of $1,189,000. Mr. Sanders reported the proposed three (3) year loan agreement would have a fixed rate of 2.45%. Due to the fact that his wife is the Banking Center Manager of the local Bank of America, he reiterated to the Board and public that the original loan was approved by the Board through a bid process and that all communications of the proposed amended loan agreement have been with a Bank of America representative in Boston. A motion was made by Commissioner Ellis and seconded by Commissioner Parrish to approve said Resolution. Motion carried 4-0. 
Mr. Reeves displayed an aerial photograph of Madison County and Jefferson County properties located in section 26, township 3 north, range 7 east and pointed out a dispute between adjoining property owners involving the proposed closure of a Madison County graded road maintained by Jefferson County. He stated a lawsuit between the parties (Clarence A. Gridley, III and Peggy W. Gridley, vs. Dean P. Sims, Sims Enterprises, LTD) has been filed in Jefferson County and asked the Board for direction. The Board by consensus agreed to not actively participate in the lawsuit.
Mr. Cherry began discussion on possible new locations for the Emergency Medical Services (EMS) Department due to air quality issues at the present location in the Old Blue Building located next to the Jail. He reported North Florida Community College has offered, as a temporary location, a house located north of the Law Enforcement Training Center for $2,000 per month, plus utilities. He stated the County has countered with an offer of $1,000 per month. Mr. Cherry also reported Mr. Robbie Robinson expressed interest in selling his dealership building and land located west of Madison on U. S. 90, which would be big enough for EMS, as well as, the Sheriff’s communications center and offices. Mr. Cherry also reported the hospital has offered the use of a former school building located east of the old Excel School, but it has a roof that leaks. Other buildings mentioned in discussion that may be available, which Mr. Cherry said he would look into, are the Lee Public Safety Building next to City Hall and the building housing the Greenville Fire Department. A motion was made by Commissioner Hamrick and seconded by Commissioner Ellis, to proceed with an appraisal of the Robinson property at a cost not to exceed $1,000. Motion carried 4-0.
Mr. Cherry also asked the Board for direction on selecting an architectural firm for projects, since three (3) firms are now under contract with the County for projects of $1,000,000 or less. The Board by consensus agreed to choose an architectural firm on a project-by-project basis, until criteria for selection of architectural services is developed and approved. 
Mr. Cherry also asked the Board for direction on sharing the air quality concerns of the Old Blue Building with the other building tenants. The Board by consensus asked Mr. Cherry to begin discussions and share the report by the air quality consultants to representatives of each agency that use the building.
Mr. Sanders reported the Legislature passed a law, effective July 1st, that would allow counties by ordinance to increase the $15 Surcharge on non-criminal traffic infractions to $30 for additional funding of state court facilities. He asked the Board to consider such an increase to provide adequate funding for additional security personnel in the courthouse.
Mr. Reeves reported the Florida Department of Transportation (FDOT) plans to reconfigure the intersection of State Road 145 and Shrine Club Road and a sliver of property owned by Judge Edwin B. Browning, Jr. and his wife is located in the subject area. Mr. Reeves advised the Board that Judge Browning would convey said property for the road improvements for $800, and also the removal by the County of an old tree trunk situated on the edge Shrine Club Road adjoining his property. Mr. Reeves reported the $800 was the replacement value of Judge Browning’s gate destroyed by a fallen limb from said tree. Upon a motion by Commissioner Ellis, seconded by Commissioner Hamrick, the Board voted unanimously (4-0) to amend the agenda to consider said proposal. A motion was then made by Commissioner Ellis and seconded by Commissioner Hamrick to approve said $800 expenditure and removal of said old tree trunk. Motion carried 4-0.  
The County Attorney also advised the Board a proposed interlocal agreement between the County and the Madison County Senior Citizens Council will be presented in the near future to allow acceptance of storm water from the new Senior Center property to an expanded retention pond located on the adjacent county-owned Emergency Management property.
Commissioner Ellis noted he had completed the Board of County Commissioner Certification Program through the Florida Association of Counties and asked Mr. Cherry to see what other counties do as an incentive for Commissioners to receive certification. 
There being no further business, the Chairman adjourned the meeting at 11:30 A.M.
                                                                        Board of County Commissioners
                                                                        Madison County, Florida
By: ____________________________
                                                                               Roy W. Vickers, Chairman
Tim Sanders, Clerk to the Board of
County Commissioners

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