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BOCC Minutes October 21, 2009

 

BOARD OF COUNTY COMMISSIONERS
 
MADISON COUNTY, FLORIDA
 
COURTHOUSE ANNEX
 
MINUTES OF THE REGULAR MEETING
 
WEDNESDAY, OCTOBER 21, 2009
 
4:00 P.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 Justin Hamrick, called the meeting to order and Mr. Jerome Wyche, Madison County Solid Waste/Recycling Coordinator, opened with prayer and pledge to the flag.
 
Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Commissioner Vickers move Consent Agenda items number 15 and 16, Approval of Tourist Development Council Grant Application for Greenville Country Christmas and Approval of Tourist Development Council Grant Application for 5th Saturday Farmers and Friends Festival, to New Business items Number 6 and 7.
 
Under “Petitions From The Public” Mr. Elmer Spear questioned whether organizations should receive Tourist Development Council (TDC) grant funding over three years in a row, such as the grant request on the agenda made by Greenville Country Christmas, and also the agendaed request made by Madison Rotary Club for its 5th Saturday Farmers & Friends Festival. Mr. Spear contended TDC guidelines allow for a maximum of three grants in a row for organizations. Madison County Chamber of Commerce and Tourism Executive Director Ted Ensminger reported a great deal of work has gone into a new TDC Grant Application, which is in draft form only. He explained one of the proposed elements in the draft is limiting grant funds for existing events for up to three years or until the event becomes profitable. The County Attorney advised that policy decisions, such as this, rest with the Board of County Commissioners. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to amend the agenda and to allow the TDC to prepare TDC grant application funding guidelines for Board consideration and approval.  Motion carried 5-0.
 
Also under “Petitions From The Public”, Mr. John Ovenden reported having a video of the deplorable conditions of a cemetery owned by Pall Bearers Lodge #3 located south of Greenville. He presented a copy of the minutes of the Regular Meeting of the Board held on October 17, 2007 where Mr. Elmer Spear made a report on the illegal dumping of trash, furniture and debris on said site. He also reported that then County Commissioner Ronnie Moore put up a cable to prevent vehicular access to the property. Mr. Ovenden stated that his video shows piles of trash on the site and presented a copy of an article in a Greene Publishing publication on September 5, 2008 about the dumping and desecration at the abandoned cemetery. 
 
Mr. Alex Bruton of Greenville stated most of the people associated with the Pall Bearers Lodge are deceased and no one is left to attend to the cemetery. He closed by asking the Board or the State or anyone to take care of the cemetery.
 
Solid Waste/Recycling Coordinator Jerome Wyche reported that he and Commissioner Parrish attended a Greenville Town Council Meeting two months ago on the issue and reported two issues. One, the cemetery is part of an eighty (80) acre private tract and two, the Department of Corrections will not allow inmate work crews on private property. County Attorney Reeves advised the Board on the waiver of liability and statutes that allow the Board to clean up private cemeteries. A motion was made by Commissioner Vickers and seconded by Commissioner Parrish for the Board to amend the agenda and for the Board to provide a dumpster on the site for citizens to clean up the cemetery. Discussion followed on the potential cost of tipping fees at the regional landfill, which Mr. Wyche estimated at $7,000 to $10,000. Mr. Wyche also asked the Board to consider enforcement of the illegal dumping after the property is cleaned up. He also estimated a waiver of $2,000 to $3,000 of fees and expenses by the Solid Waste Department in the clean-up. The motion by Commissioner Vickers and the second by Commissioner Parrish were withdrawn. A motion was then made by Commissioner Martin and seconded by Commissioner Parrish for Mr. Wyche to come back to the Board at its next Regular Meeting with an accurate cost of the clean-up after a time to fully examine the conditions of said cemetery. Motion carried 5-0. 
 
The minutes of the Regular Meeting held on September 16, 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. The minutes of the Regular Meeting held on October 7, 2009 were presented for review. Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously to approve said minutes as presented.
 
Sheriff Ben Stewart reported his Office’s federal competitive grant application for Interstate 10 Interdiction for two new positions was not awarded to Madison County. The Sheriff stated he still feels strongly that a presence on I-10 is necessary and reported he was going to step out and fund a new position with available funds working with the Clerk. But, he may have to come back to the Board later in the year for a budget request if anticipated funds are not adequate.
 
Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve the Consent Agenda (1. Budget Amendment Request for Public Safety/E-911; 2. Budget Amendment Request for Emergency Medical Services; 3. Budget Amendment Request for 5th and 6th Cent Surplus; 4. Budget Amendment Request for Annex Parking Lot; 5. Budget Amendment Request for Mosquito Control; 6. Budget Amendment Request for Transportation for Disadvantaged; 7. Budget Amendment Request for Building Department; 8. Budget Amendment Request for Traffic Surcharges-General Fund; 9. Budget Amendment Request for $2 Article V IT Fees-General Fund; 10. Budget Amendment Request for $65 Court Costs-General Fund; 11. Budget Amendment Request for Solid Waste Special Assessment; 12. Budget Amendment request for Special Assessment-Fire; 13. Status Report for the Madison County S.H.I.P. Program through September 2009; 14. Acceptance of Byrne Justice Assistance Grant in the amount of $268,329.00 for the Sheriff’s Department; 17. Approval of barrow pit Agreement between Madison County, Cumberland Woods, LLC, and the Gilman Family Trust). 
 
Under Public Works Department, Road and Bridge Coordinator Robert Henderson and County Engineer Bill Steves reported the paved roadway in SUMMERSET SUBDIVISION is in good shape, but asked that the matter be re-agendaed for the next Regular Meeting in order to locate approval from the Suwannee River Water Management District Engineer. Mr. Henderson reported the associated street right-of-way is also well maintained in the subdivision, except for two lots. Chairman Hamrick asked that the matter be re-agendaed.
 
Mr. Henderson and Mr. Steves also reported nothing wrong with the driving surfaces of the streets in LOPER POND SUBDIVISION. Mr. Henderson stated only the driving surfaces were accepted by the County. A motion was made by Commissioner Ellis and seconded by Commissioner Vickers for the Board to accept said subdivision street driving surfaces, contingent upon payment of outstanding development fees by the developer. Motion carried 5-0.
 
Under Unfinished Business, Mr. Cherry reported the Board appointed committee made up of Commissioner Martin, the Sheriff, Emergency Medical Services Director Juan Botino, and himself, met to examine a future Public Safety Complex site. Mr. Cherry referred to a “Project Summary Comparison Costs” prepared by Clemons, Rutherford & Associates on the present Robinson Motor Building (16,000 gsf) on U. S. Highway 90 west of Madison and a new facility (11,280 gsf). He also stated Mr. Bill Rutherford was in attendance if the Board wished to ask any questions. A motion was made by Commissioner Parrish and seconded by Commissioner Martin to make a counter offer to Mr. Robinson for his property in the amount of $500,000. Commissioner Martin reported the subject property is currently on the tax rolls for $262,000. Motion carried 5-0.
 
Regarding the Interlocal Agreement between Madison County and the City of Madison for Fire Protection Services, Mr. Cherry referred to a paper entitled “Comparison of Inter-Local Agreements”, which compared costs in Madison, Suwannee, Hamilton, Columbia, and Taylor Counties. The following current costs are compared to the proposed changes by the City of Madison for Fire Services:
 
Current           Proposed
 
$200.00           $500.00           for each call in which Engine 2 is utilized
$200.00           $500.00           for each call in which Engine 4 is utilized
$25.00             $50.00             /hr., for each salaried Firefighter responding to an alarm
$50.00             $100.00           /hr., for the Fire Chief, should the Chief respond to an
                                                alarm.
 
Commissioner Martin reported the Madison Volunteer Fire Department’s fire truck is
out of service. He added that if the volunteers receive a grant for a new truck, Engine 2
(above) will not be utilized. A motion was made by Commissioner Parrish for the Board
to accept a $500 “cost per run” flat rate similar to Suwannee County. Motion was
withdrawn.
 
Commissioner Parrish made a motion for the Board to approve the City of
Madison’s proposed amendments to said Interlocal Agreement for Fire Services. Motion died for lack of a second. Commissioner Vickers made a motion, seconded by Commissioner Ellis, for Mr. Cherry and himself to meet with the Madison City Manager and discuss said proposed changes to the Interlocal Agreement. Motion carried 5-0.
 
The County Attorney made reference to and reviewed A RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, EXPRESSING ITS OPPOSITION TO HOMETOWN DEMOCRACY CONSTITUTIONAL AMENDMENT NO.4, that was prepared at the direction of the Board for consideration. Upon a motion by Commissioner Ellis, seconded by Commissioner Parrish, the Board voted unanimously to approve said resolution.
 
            Discussion followed on the appointment of the Chairperson to the Tourist Development Council (TDC). Mr. Reeves reviewed Florida Statutes 125.0104(4)(e), which states in part, “The chair of the governing board of the county or any member of the governing board as designated by the chair shall serve on the council”, and “The governing board of the county shall have the option of designating the chair of the council or allowing the council to elect a chair.” Chairman Hamrick stated that he stepped down from the Chair of TDC at the last meeting, but would like to remain on the TDC as a member. Upon a motion by Commissioner Parrish, seconded by Commissioner Ellis, the Board voted unanimously to allow the TDC to elect a Chair.
 
            Ms. Dianne Cherry asked the Board to at least grade the private road in Mr. Mason Tice’s subdivision south of County Camp Road in section 26, township 1 north, range 9 east. She reported the street has both a green (public road) sign and a blue (private road) sign. The Board by consensus agreed that the County could do nothing with the private road. Commissioner Ellis asked staff to remove said “green sign” from the right-of-way.
 
Solid Waste/Recycling Coordinator Jerome Wyche updated the Board on the new “Tuten Collection Site” in the New Home area. He also reported that he and Mr. Cherry had a conversation with the owner of a potential collection site on County Road 150 North. Mr. Cherry stated $35,000 was the asking price for two (2) acres, which is an average of the last two collection site purchases by the County. The Board by consensus agreed to allow staff to move forward on said purchase of property.
 
In reference to the Board’s action on the Chair of TDC, a motion was made by Commissioner Martin and seconded by Commissioner Vickers to allow TDC to elect a Chair and a Vice-Chair. Motion carried 5-0.
 
The County Attorney made reference to AN ORDINANCE OF THE COUNTY OF MADISON, FLORIDA, ADOPTING SUPPLEMENTAL PROCEDURES FOR ABATEMENT OF UNSAFE BUILDINGS AND STRUCTURES, OR PORTIONS THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE, as directed by the Board, that was considered by the Board in 2002 and not approved. He stated it was more for unsafe buildings, but could be adapted to overgrown lots and acreage. Madison City Commissioner Jim Catron reported the City of Madison has a similar ordinance that is unpopular with the public and suggested the Board work with the Madison County Health Department to cure potential safety threats. Ms. Marie Jones, a resident in the SUMMERSET SUBDIVISION asked the Board to require property owners to clean up their property. Mr. Reeves suggested the ordinance could be tied to certain areas, such as proximity to property lines. The Board by consensus agreed for the County Attorney to bring back a proposed ordinance geared to density of population areas, like subdivisions, and problems associated with proximity to neighboring property lines.
 
Commissioner Vickers reported he asked for a discussion of criteria for waiving Building Permit Fees to help people in need under certain circumstances. Commissioner Vickers made a motion to allow Mr. Cherry and Mr. Reeves to draft criteria for the waiver of said fees for the Board to consider and to see if other counties have a waiver policy. Motion died for lack of a second.
 
Discussion followed on a parcel of land in the Madison County Development Complex that Mr. Sarkis obtained from the County in November 2008. Mr. Cherry reported Mr. Sarkis has been contacted about the possibility of a six (6) month extension to get a Building Permit for the property. Mr. Cherry stated he would bring the matter back to the Board at the next Regular Meeting.
 
The County Attorney explained Mr. Rhett Bullard, an attorney in Live Oak, incurred expenses in the amount of $400 in preparation for the Madison County Value Adjustment Board (VAB) Meeting. In the process of setting dates for said VAB meetings, the County’s VAB attorney, Mr. Cary Hardee, had a scheduling conflict for one of the dates and Mr. Bullard was contacted as his replacement. A motion was made by Commissioner Martin and seconded by Commissioner Vickers for the Board to pay said $400 fee for services rendered. Motion carried 5-0.
 
Discussion followed on the Tourist Development Council (TDC) Grant Application for Greenville Country Christmas in the amount of $2000 for advertising expenses, which was approved by the TDC on October 8, 2009. Madison County Chamber of Commerce and Tourism Executive Director Ted Ensminger presented the current TDC “Tourist Development Fund Grant Request” application form and a “Draft” of a new application form. He explained the current Grant Request form has no limit on the number of grant applications an organization may submit. He also stated the Greenville Country Christmas is a successful event and needs the advertising funding to continue to grow. Upon a motion by Commissioner Parrish, seconded by Commissioner Martin, the Board voted unanimously to approve said grant request in the amount of $2000.
 
Regarding the TDC approved Grant Request from the Madison Rotary Club for the 5th Saturday Farmers & Friends Festival on October 31, 2009, a motion was made by Commissioner Martin and seconded by Commissioner Parrish to approve said request in the amount of $2000. Motion carried 5-0.
 
Mr. Ensminger reminded the Board to attend the Madison County Chamber of Commerce Banquet on October 26th at Jellystone Park and also reported a vacancy on the TDC that Mr. Roy Milliron has asked to fill. At the suggestion of Chairman Hamrick, the Board by consensus approved advertising, as in the past, for the vacant position.
 
The County Coordinator stated he would provide Mr. Lowell D. Robinson the Board’s counter offer for Robinson Motor Company’s property on U. S. 90 west of Madison for a proposed Public Safety Complex. The Board by consensus approved having a Special Meeting to consider a response by Mr. Robinson, if needed.
 
Commissioner Ellis reported a representative at the Madison County Health Department informed him of the availability of equipment to take care of the mold in the Emergency Medical Services premises in the Old Blue Building.
 
There being no further business, the Chairman adjourned the meeting at 6:25 P.M.
 
 
                                                                        Board of County Commissioners
                                                                        Madison County, Florida
 
By: ____________________________
                                                                               Justin Hamrick, Chairman
 
 
 
 
ATTEST:
 
_____________________________
Tim Sanders, Clerk to the Board of
County Commissioners

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