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BOCC Minutes February 17, 2010


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 Mr. Cherry, delete Public Works Department item No. 3, Discussion concerning acceptance of maintenance of roads for Graceland Subdivision; and add to New Business item No. 9, Presentation by Mr. John Ard of NatureChem, Inc. on roadside weed and brush control.
The minutes of the Regular Meeting held on February 3, 2010 were presented for review. Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve said minutes as presented.
Sheriff Ben Stewart reported the Radio Communications Committee is scheduled to meet tomorrow with vendors regarding the Request For Proposals for a new county-wide communications system. The Sheriff also reported a Legislative Committee voted against an issue, which would have deferred Sheriff employment issues to the Board of County Commissioners. He added that the Florida Association of Counties was in agreement with the Sheriffs in the state to defeat this proposed legislation.
Upon a motion by Commissioner Vickers, seconded by Commissioner Parrish, the Board voted unanimously (5-0) to approve the Consent Agenda (1. Approval of Subcontract Agreement between Madison County Emergency Management and the Management Experts, LLC; 2. Budget Amendment Request for Board of County Commission Administration; 3. Memorandum of Understanding between Madison County and Leon County for authorized expenditures from the 2006 State Homeland Security Grant Program).
Under “Public Works Department” Road and Bridge Department Coordinator Robert Henderson referred to the MADISON COUNTY SPEED BUMP POLICY with attached Petition Form in reference to a discussion on placing Speed Bumps on SE Corinth Church Road. Mr. Henderson also directed the Board’s attention to several photographs of sections of roadway and signage on said county paved road. He recommended not placing Speed Bumps on a curve as requested by an adjoining property owner because it would be dangerous to do so. The Sheriff stated he would address the problem of reported speeding in the area based upon a traffic count survey. Mr. Henderson also noted it was the responsibility of the petitioner to have the petition completed and not the Board. Upon a motion by Commissioner Ellis, seconded by Commissioner Parrish, the Board voted unanimously to follow the recommendation of Mr. Henderson and not place Speed Bumps on the subject area of roadway.
Regarding the acceptance of maintenance of roads in Midway Estates Subdivision, Mr. Henderson recommended acceptance, subject to installation of required signage. Mr. Cherry reported the signage was paid for earlier in the morning. A motion was made by Commissioner Ellis and seconded by Commissioner Martin for the Board to approve acceptance of said subdivision roads. Motion carried 5-0.
Mr. Henderson referred to a BID SUMMARY SHEET (Bid Number FY 2010-01) for One (1) New Current Model Backhoe/Loader. The following bids were received for “Total Cost with Purchase Price, Repair Guarantee and Buy-Back Guarantee”:
   Flint Equipment Company……$40,160.00
   Ring Power Corporation………$47,103.00
   Pippin Tractor, Inc. …………   $64,824.62
Mr. Henderson reported the low bidder met all specifications of the bid and recommended the purchase of said Backhoe/Loader from Flint Equipment Company. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to accept said recommendation.
            Commissioner Vickers reported several citizens have expressed concern over a requirement by the County Road Department that exceeds the state for the placement of asphalt-coated culvert pipe in driveways and its associated costs. Mr. Henderson along with County Engineer Bill Steves explained the present driveway policy and referred to a cost analysis of asphalt-coated versus non-asphalt-coated culvert pipes. Mr. Steves explained the Florida Department of Transportation (FDOT) requires culvert pipes coated with asphalt at the mitered ends, but does not enforce the policy. He also stated FDOT requires the width of a driveway, i.e. culvert length, to be based upon a traffic count, which the county does not require. Mr. Henderson also noted that once a culvert pipe is installed, it is the responsibility of the county to maintain and an asphalt coated pipe lasts longer.
            Mr. Henderson also referred to photographs of a used Bucket Truck that has been inspected by staff with a pricetag of $45,000. He reported the truck is a 2000 GMC with a new re-built engine and a bucket that will reach 75 feet high. Mr. Henderson stated the owner has provided all inspection and maintenance schedules and the Road and Bridge budget has $80,000 budgeted for a Bucket Truck this year. Commissioner Martin asked about any warranty provided by the seller and by consensus the Board asked that the matter be agendaed for the next Regular Meeting in order for Mr. Henderson to inquire.
            Solid Waste/Recycling Coordinator Jerome Wyche presented the Board with photographs of the almost-completed collection center on State Road 14. He anticipated a mid-March opening date for the citizens in the New Home area.
            Mr. Cherry presented for Board consideration a 2010 CENSUS PARTNER PROCLAMATION for MADISON COUNTY, FLORIDA, which would proclaim that the Madison County Board of County Commissioners is committed to partnering with the U. S. Census Bureau to help ensure a full and accurate count in 2010. Upon a motion by Commissioner Vickers, seconded by Commissioner Ellis, the Board voted unanimously to approve said Proclamation.  
            Madison County 2010 Census Committee Member Delores Jones presented the Board with a pamphlet entitled “The 2010 Census: How People Are Counted” prepared by the United States Census 2010. She also asked the Board to once again consider a request to purchase 200 “Census 2010” yard signs at a cost of $1,050 to get people to be counted in Madison County. The Clerk stated the County would benefit financially for the next decade by a thorough census count and suggested the Board approve funding the signage and requesting the municipalities in the county to contribute a share of the cost based upon the sales tax distribution percentages. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve said expenditure in the amount of $1,050 and request that Greenville, Lee, and Madison make said level of contribution. Motion carried 5-0.
            Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to re-appoint the following members to the Planning and Zoning Board: Jimmy King-District 1; James Brown-District 3; Julia Shewchuk, Elise Dawkins and Tommy Hardee-Alternates.
            The County Attorney directed the Board’s attention to the following resolution that was prepared at their request: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO DETERMINE WHETHER THE COUNTY’S AUTHORITY TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES SHALL BE RENEWED FOR AN ADDITIONAL TEN YEAR PERIOD; PROVIDING FOR AN EFFECTIVE DATE. He stated by referendum, if approved, the citizens of Madison County give the Board the ability to grant tax exemptions. Discussion followed regarding Section 3, on whether to place the question on the 2010 Primary Election, as presented, or the General Election. A motion was made by Commissioner Parrish and seconded by Commissioner Martin, to approve said Resolution, as presented. Motion carried 5-0.
            Mr. Fain Poppell reported he had recently taken back his surveying company that he sold to Putnal and Associates and made a request for his new company to provide surveying services to the county under a continuing contract as provided by Putnal and Associates. The County Attorney advised the Board that Mr. Poppell would have to go through a competitive negotiation process for a continuing contract with the county, if he established a new corporation. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously for Mr. Poppell to begin the process of competitive negotiations with the county for said continuing contract for surveying services.
            County Grants Coordinator Jim Parrish, along with Mr. Dick Edwards, reported all bids for a Community Development Block Grant (CDBG) Emergency Set Aside Grant for replacement and rehabilitation of dwellings damaged or destroyed by flooding in Madison County were all above budget. Mr. Parrish recommended the Board reject all bids and bid again with a reduction in the size of the replacement mobile home units, and to also recommend approval of the Walthall rehabilitation application for materials only. A motion was made by Commissioner Martin and seconded by Commissioner Vickers, to reject all bids for replacement of mobile homes and to re-bid. Motion carried 5-0. A motion was made by Commissioner Vickers and seconded by Commissioner Martin to approve said Walthall application for materials in the amount of $7,584.90. Motion carried 5-0.
            Mr. Cherry referred to a letter dated December 2, 2009 from Mr. Lowell D. Robinson, which requested an additional 30 days to remove personal property from the Robinson Motor Company building. Currently the agreement between Mr. Robinson and the County requires that he surrender the premises at closing, which is no later than March 16, 2010. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to approve said 30 day extension.
            Mr. John Ard of NaturChem, Inc. presented a brochure and power-point presentation about his company, which specializes in roadside and aquatic spraying to control weeds and brush. He stated his company does no mechanical trimming, but instead, chemical side spraying to manage vegetation along roadsides in a safe and economical manner. Mr. Henderson reported it takes his department six weeks to mow county roadsides now and 3-4 times a year. He suggested looking at a test section in the county to examine the results of chemical weed and brush control. The Clerk said his finance staff would be glad to assist with a cost analysis of the mechanical versus chemical brush control along county roads. The Board by consensus approved said cost analysis.
            At 5:30 P.M. Chairman Hamrick passed the gavel to the Vice-Chair, Commissioner Parrish, in order to make presentations at the North Florida Livestock Show and Sale.
            The Vice-Chairperson directed the Board’s attention to a scheduled 5:00 P.M. Public Hearing to consider approval of a Special Exception Request by the Madison County Solid Waste/Recycling Department for the location of a new solid waste and recycling center on NE Lovett Road in section 18, township 2 north, range 8 east (parcel no.18-2N-08-3015-002). County Planner Jeanne Bass reported the hearing was properly advertised and noticed, and also that the request was recommended for approval by the Planning and Zoning Board. Vice-Chairperson Parrish opened the Public Hearing for comments from the public. Hearing none, the public comment portion of the Public Hearing was closed. Mr. Cherry reported the proposed site has been reviewed by the County Engineer and is adequate for the collection center. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously (4-0) to approve said Special Exception.
            Commissioner Martin made reference to a MEMORANDUM dated February 12th from the Planning and Zoning Board regarding a proposed Nuisance Ordinance in the County. Mr. Reeves reported the Planning and Zoning Board approved forwarding said ordinance to the Board as presented. The Board by consensus approved placing said ordinance on the agenda for the next Regular Meeting for review before proceeding further.
            Commissioner Ellis made reference to the Board’s action at the last Regular Meeting regarding leasing the Old Jail to the Salvation Army, and also, to a letter dated February 4th from the First Baptist Church of Madison regarding their continued desire to purchase the Senior Citizens Center Building and Old Jail Building property from the County. He suggested not moving forward with a lease of the Old Jail Building to the Salvation Army until hearing from the Baptist Church again as directed by the Board last year.   
           Commissioner Ellis also asked the County Attorney about the status of a resolution against the transfer of water and the creation of a water board in the State of Florida. Mr. Reeves asked Commissioner Ellis to have the North Central Florida Regional Planning Council send him a copy of a resolution adopted by their board.
Mr. Reeves reported the Interlocal Agreement between the County and North Florida Community College on the transfer of the College’s firing range property to the County will be ready for the next Regular Meeting.
Mr. Reeves also reported a group of local citizens has made contact with him regarding the Board creating a “monument placement policy” for a portion of the courthouse grounds for private citizens to place monuments on; the end result being the placement of a Ten Commandments Monument on the courthouse lawn. He stated that it is an area of law that he would need to do research and estimated the cost to provide the Board with an opinion to be less than $1,000. He stated Levy County has placed a Ten Commandments Monument on their courthouse lawn pursuant to such a policy and Dixie County is presently in Federal Court over the placement of such a monument on their courthouse grounds. Mr. Reeves stated the Dixie County Board of County Commissioners enacted a “monument placement policy” after the placement of said monument. Mr. Reeves estimated the time frame of the Dixie County case to be 30 days. The Board by consensus directed the County Attorney to delay any legal services on the matter until a presentation is made to the Board.
The Clerk presented the Board with a survey from the Small County Coalition entitled State Funding That Impacts Small County Operations and Programs that was completed by his finance department. In it are estimated funds received by Madison County in fiscal year 2009-2010 from the state, such as Revenue Sharing, Amendment 1, Fiscally Constrained, Road Funding, etc. Mr. Sanders also presented the January 2010 Statement of Actual and Estimated Revenues and Statement of Expenditures, Encumbrances and Appropriations as of January 31, 2010.
            Mr. Cherry made reference to a letter dated February 11th from William D. “Billy” Washington in which Mr. Washington announced his resignation from the Planning and Zoning Board. 
            Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to amend the agenda to consider the Planning and Zoning Board membership. A motion was then made by Commissioner Martin and seconded by Commissioner Ellis to move Planning and Zoning Board Alternate Elise Dawkins to full board membership replacing Mr. Washington and to advertise for an Alternate replacement. Motion carried 4-0.       
            With respect to the County Hiring Freeze, Mr. Cherry asked the Board to allow Mr. Wyche to advertise for an opening in the Solid Waste/Recycling Department due to a shortage in personnel. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to amend the agenda to consider said request. A motion was then made by Commissioner Martin and seconded by Commissioner Ellis to allow Mr. Wyche to advertise for a position in his department. Motion carried 4-0.
            Mr. Cherry also gave the Board an update on the USDA grant application to build a new Agricultural/Event Arena. According to Mr. Parrish, he recommended asking for appropriations from federal and state government to supplement USDA funding. The Board by consensus approved alternate funding requests by Mr. Parrish.
            There being no further business, Vice-Chairperson Parrish adjourned the meeting at 6:05 P.M.
Board of County Commissioners
                                                                        Madison County, Florida
By: ____________________________
                                                                               Justin Hamrick, Chairman
Tim Sanders, Clerk to the Board of
County Commissioners

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