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BOCC Minutes April 21, 2010

 

 BOARD OF COUNTY COMMISSIONERS
 
MADISON COUNTY, FLORIDA
 
 COURTHOUSE ANNEX
 
MINUTES OF THE REGULAR MEETING
 
WEDNESDAY, APRIL 21, 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 Martin, the Board voted unanimously (5-0) to approve the agenda as amended: At the request of Mr. Cherry delete New Business item No. 3, Personnel Policy and Procedure change request from Emergency Medical Services (EMS); at the request of Mr. Reeves, add to Unfinished Business item No. 2, Amended closing purchase documents of Robinson Motors property; and at the request of Mr. Sanders, add the Minutes of the Special Meeting held on April 13, 2010 for approval.
 
Under Petitions From The Public, Mr. Mack Primm, a resident on Cherry Lake Drive, asked the Board to lower the posted Speed Limit from 45 MPH to 35 MPH on behalf of several fellow neighbors who no longer feel safe while walking and biking around the lake. Mr. Primm stated that many drivers use said county road or a portion of it as a short cut to Valdosta. The Board by consensus asked Road and Bridge Coordinator Robert Henderson to look into the request and bring a report back to the Board at a later date.
 
The minutes of the Regular Meeting held on April 7, 2010 and the minutes of the Special Meeting held on April 13, 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 concurred with Mr. Primm and stated he would be glad to enforce the lower Speed Limit. He also reported the Sheriff’s Office annual golf tournament raised over $10,000 for the Florida Sheriff’s Boys Ranch. Sheriff Stewart also made a request to allow the Board established County Radio Communications Committee to be a standing committee until the Board acts to disband it. He also suggested a budget line item for the Sheriff in the future for law enforcement at special events held in the county, such as Down Home Days.
 
Mr. Henderson made reference to a document found in the Commissioner’s packet entitled TRAFFIC COUNTS with “date of count”, “road name”, “from/to intersection”, and “total of traffic count” on numerous graded county roads. He stated the latest traffic counts in the county should be complete after compiling results of 2 or 3 more roads. Mr. Henderson also referred to the latest PAVING PRIORITY LIST for graded county roads dated May 21, 2009 based upon a Board approved point system. The list included the “prioritized road”, “number of points”, and “Commissioner District(s)”. 
 
Commissioner Martin suggested each Commissioner prioritize two roads in their respective districts to pave. County Engineer Bill Steves reported roads could also be prioritized by District(s) based upon approved criteria. 
 
Mr. Steves also reported after the road is surveyed, permitting will begin through the Suwannee River Water Management District (SRWMD) on paving a portion of Flowers Road under the “Dusty Roads Program”. Regarding the Flowers Road improvements, Mr. Henderson asked permission to seek quotes for the installation of five cross-drainage pipes. Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously to approve said request. 
 
Discussion followed on potential road paving projects by District in the county. The Maintenance Map of Digger Wasp Road was brought up and agendaed for the next Regular Meeting. Mr. Henderson stated once all traffic counts are completed and roads evaluated, he and Mr. Steves would present said information to the Board for further consideration. The Clerk stated the unencumbered balance of 5th and 6th cent road improvement funds would be presented to the Board later in the day if needed.
 
Commissioner Vickers referred to an aerial map of a portion of Pinetta and asked the Board to consider paving Allen Street, a short street that connects State Road 145 to NE Empress Tree Avenue. He reported school buses are directed off the Valdosta Highway onto Allen Street to Pinetta Elementary School. Mr. Henderson reported the following quotes to pave Allen Street along with improvements at Bob White and Hamburg Roads intersection:
 
Peavy & Son Construction Co…………Bob White/Hamburg-$15,159.00
                                                                 Allen Street-$10,348.00
                                                                 Both streets combined-$20,453.00
C. M. Brandies, Inc. …………………   Bob White/Hamburg-$19,800.00
                                                                 Allen Street (verbal)-$16,000
Florida Fill & Grading, Inc. ……………Bob White/Hamburg-$24,887.00
                                                                  Allen Street-$14,000        
 
Mr. Henderson also reported funds were available in the County Transportation Trust Fund, “Construction in Progress” line item for the Allen Street improvements. Upon a motion by Commissioner Vickers, seconded by Commissioner Ellis, the Board voted unanimously to approve using said funds to pave Allen Street by Peavy & Son.   
 
Mr. Henderson also reported after consideration of a proposal made to the Board by NaturChem, Inc. and a comparison of costs associated with mowing along paved county roads, he recommended testing the effectiveness of weed control by spraying about 10 miles of right-of-way. Mr. Henderson reported the cost to be $60/mile for a 20-foot wide swath. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to amend the agenda and to approve weed control spraying by NaturChem, Inc. of 10 miles of county right-of-way selected at the discretion of Mr. Henderson. Motion carried 5-0.
 
Mr. Henderson also asked the Board to consider a test of “chemical bush cutting” by NaturChem, as well, on a couple of miles of roadway at a cost of $300/mile. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to amend the agenda and to allow a test of “chemical bush cutting” on two miles of county roadway selected at the discretion of Mr. Henderson. Motion carried 5-0.
 
The County Attorney referred to Exhibits “A” and “B” of a CONTINUING CONTRACT FOR PROFESSIONAL SERVICES between Madison County and Poppell Land Surveyors, LLC. He stated Exhibit “A” presented by Poppell Land Surveyors describes the Land Surveying Services provided in the contract, while Exhibit “B”, also presented by Poppell Land Surveyors, notes the fees associated with said services. Mr. Cherry stated said fees were comparable to the other Board-approved surveyor’s contract. A motion was made by Commissioner Ellis and seconded by Commissioner Martin to approve said Continuing Contract for Professional Services with Exhibits. Motion carried 5-0. A motion was then made by Commissioner Martin and seconded by Commissioner Vickers for the County Coordinator to rotate professional surveying services between the two surveying firms under contract with the county, Poppell Land Surveyors LLC and Briggs, Washington and Thompson Land Surveying, Inc. Motion carried 5-0.
 
The Chairman directed the Board’s attention to AN ORDINANCE RELATING TO THE DEVELOPMENT OF LANDS WITHIN AREAS OF SPECIAL FLOOD HAZARD IN MADISON COUNTY, FLORIDA; PROVIDING A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; STATING OBJECTIVES; PROVIDING DEFINITIONS; REQUIRING DEVELOPMENT PERMITS; PROVIDING FOR INTERPRETATION OF THIS ORDINANCE; PROVIDING FOR THE ADMINISTRATION OF THIS ORDINANCE AND FOR PERMIT PROCEDURES; DESIGNING AND APPOINTING A LOCAL ADMINISTRATOR TO ADMINISTER AND IMPLEMENT THE PROVISIONS OF THIS ORDINANCE AND SETTING FORTH HIS DUTIES AND RESPONSIBILITIES; PROVIDING VARIANCE PROCEDURES; SETTING FORTH PROVISIONS FOR FLOOD HAZARD REDUCTION, INCLUDING GENERAL STANDARDS AND SPECIFIC STANDARDS RELATING TO CONSTRUCTION AND IMPROVEMENTS, ALTERATIONS, REPAIRS, RECONSTRUCTION OR IMPROVEMENTS TO A STRUCTURE, WATER SUPPLY SYSTEMS, SEWERAGE SYSTEMS OR WASTE DISPOSAL SYSTEMS, PREVIOUSLY MANUFACTURED IMPROVEMENTS, FILL, AND ALL OTHER MATTERS IN ANY WAY RELATED TO SUCH ENCUMBERED PROVISIONS OR ASSOCIATED WITH FLOOD HAZARD REDUCTION; PROVIDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. County Planner Jeanne Bass stated the already completed Madison County, Florida Flood Insurance Study (FIS) and Flood Insurance Rate Map will be part of this proposed ordinance. Ms. Bass also explained adoption of said ordinance would allow residents in Madison County to obtain flood insurance. The Chairman opened the hearing for public comments. Hearing none, said public comment portion of the hearing was closed. A motion was made by Commissioner Ellis and seconded by Commissioner Parrish to approve said ordinance. Motion carried 5-0.
 
The Chairman again directed the Board’s attention to a Public Hearing for consideration of an application for a Temporary Use Permit submitted by Richard Bell and Richard Sewell to allow a second dwelling on their property for Richard Bell’s daughter in order for her to care for her father. The parcel of land contains 4.71 acres, is Zoned Agricultural 2, and located in an unrecorded subdivision called LEE FARMS with an address of 1109 NE Juniper Drive, Madison, Florida. Ms. Bass reported that Mr. Bell made application due to medical necessity. The Chairman opened the hearing for public comments. Mr. Mack Primm questioned the possibility of deeding one acre to a family member. There being no further comments, the public comment portion of the hearing was closed. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve said Temporary Use Permit.
 
The Clerk presented a proposed LEASE between Madison County Board of County Commissioners and The Salvation Army, Florida Division for the use of the Old Madison County Jail building located at 487 SW Pinckney Street in Madison.  He stated the proposed Lease is identical to the present one between the Board and the Senior Citizens Council for use of the Old Jail with the beginning date contingent upon completion of the new Senior Citizens Building. Mr. Reeves advised the proposed Lease is a good agreement, but lacks language regarding utilities. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve said Lease, subject to language requiring utilities paid by Lessee, the Salvation Army. Motion carried 5-0.
 
A PROCLAMATION was presented by Madison Soil and Water Conservation District Administrative Assistant Doris Newman, which proclaimed April 25 to May 2, 2010 as Habitat Stewardship Week. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to approve said Proclamation.
 
            The County Attorney presented a CONTRACT FOR PURCHASE AND SALE agreement between Madison County and Lowell D. Robinson, owner of a 7.229 acre non-homestead real property located west of Madison on U. S. Highway 90 and situated in section 21, township 1 north, range 9 east. He advised the contract as presented is an amended contract that provides an immediate transfer of property to the County by Warranty Deed, rather through a Lease Purchase. He explained the terms of the sale of the property are the same: Total price $662,500.00 with $200,000 due at closing. Mr. Reeves also presented a CLOSING STATEMENT and reviewed the Seller’s Expenses, Buyer’s Expenses, and Seller’s and Buyer’s Recaps. The total funds required at closing from Madison County amounts to $200,772.49. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve said CLOSING STATEMENT and CONTRACT FOR PURCHASE AND SALE as presented. Motion carried 5-0.
 
            Mr. Bill Bryan, President of Detain, Inc. and Mr. Michael Harling of Municipal Capital Markets Group, Inc. presented informational brochures regarding a proposal for detention services in Madison County to locate and build a private federal prison here. Mr. Bryan reported the U. S. Bureau of Prisons released a Request For Proposals for a 1750 bed criminal alien facility, which is due May 10, 2010. He stated Madison County has a good geographic location for such a prison and his group has approached the City of Madison about an option to purchase land in the City’s Industrial Park adjacent to a state prison facility. Since the subject property lies in the unincorporated area of the county, he asked the Board to consider a letter of support for the project to be located in the community.
 
            Mr. Harling stated the proposed facility would employ approximately 275 to 300 people with an average salary of $30,000. He added that since the contract would be with the Bureau of Prisons, all salaries would fall under federal guidelines. Mr. Harling explained Community Education Centers, Inc., which provides in-prison treatment and jail services programs nationwide would be the operator of the proposed prison, which would house low security, adult male criminal aliens for 90 months or less. He reported, as in other places, payment-in-lieu of taxes are available for services that may be required by the county. A motion was made by Commissioner Ellis and seconded by Commissioner Martin for the Board to authorize the County Coordinator and County Attorney to prepare a non-binding letter of support for the Chairman’s signature for the facility to be located in Madison County. Motion carried 5-0.
           
Mr. Frank Mercer, CPA, CFP and Mr. John Keillor, CPA of the county’s outside audit firm, Lanigan & Associates, P.C., presented to the Board the MADISON COUNTY, FLORIDA ANNUAL FINANCIAL REPORT (ending) September 30, 2009 and an accompanying booklet entitled Audited Financial Statements & Management Letter For the Year Ended September 30, 2009. Mr. Mercer referred to the Independent Auditors’ Report in the ANNUAL FINANCIAL REPORT and its “unqualified (clean) opinion”. Mr. Keillor reviewed page by page the Annual Financial Statements & Management Letter, which included Madison County’s Net Assets, Cash and Investments, Changes in Net Assets, Ad Valorem Taxes, Government Wide Net Assets, General Fund Balance, and Management recommendations. Mr. Sanders for the record thanked his Director of Finance, Mrs. Sandy Bass, who will enter the world of retirement at the end of April, for her years of dedicated service to the people of Madison County. A motion was made by Commissioner Ellis and seconded by Commissioner Martin to accept said Annual Financial Audit as presented. Motion carried 5-0.
 
The County Engineer referred to a proposed LICENSE AGREEMENT between Madison County and the Florida Department of Transportation (FDOT), an attached “Exhibit “A” (legal description) and Parcel Sketch of the northwest corner of the Courthouse block and southeast corner of the U. S. Highway 90 and Range Avenue intersection in Madison. He stated the agreement was for the construction of an ADA sidewalk ramp at said street corner and involves the use of a 5 foot wide strip of courthouse grounds during construction. Upon a motion by Commissioner Vickers, seconded by Commissioner Ellis, the Board voted unanimously to approve said License Agreement.
 
County Attorney Reeves made reference to a NOTICE OF PENDENCY OF CLASS ACTION that was forwarded to the County Commissioners and County Attorneys of all Counties in Florida. He explained it is a notice that Madison County is a member of plaintiff class that has been certified by the Court in the civil action, The County of Monroe Florida v. Priceline.com, Inc. Mr. Reeves explained that Monroe County has filed suit because Priceline.com does not charge Tourist Development Taxes associated with their travel services and advised the Board to remain as a member of the class, but to not take any action. The Board by consensus agreed to follow the County Attorney’s advice.
 
Mr. Cherry reported the United States Department of Agriculture (USDA) has asked for a Letter of Support and a statement of commitment of $67,500 in financial assistance from the Board regarding the grant application by the County, City of Madison, and North Florida Community College for a new Ladder Fire Truck. The Board by consensus directed the County Coordinator to prepare said Letter of Support for the Chairman’s signature.
 
Mr. Cherry also suggested the Board send letters of appreciation to three area farmers who donated galvanized irrigation pipe to assist Madison County in its recent flood recovery efforts. The Board by consensus directed Mr. Cherry to prepare said letters for the Chairman’s signature, which would also include a dollar figure of what said donations saved the County.
 
Commissioner Vickers expressed a concern that Madison County residents have to go out-of-county to renew their Drivers Licenses. The Board by consensus agreed to ask the Tax Collector to visit the subject with them at a future meeting.
 
The Clerk presented the FEBRUARY 2010 STATEMENT OF ACTUAL AND ESTIMATED REVENUES AND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND APPROPRIATIONS as of March 31, 2010.
 
 There being no further business, the Chairman adjourned the meeting at 6:20 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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