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BOCC Minutes December 1, 2010


                                        BOARD OF COUNTY COMMISSIONERS
                                                  MADISON COUNTY, FLORIDA
                                                        COURTHOUSE ANNEX
                                       MINUTES OF THE REGULAR MEETING
                                             WEDNESDAY, DECEMBER 1, 2010
                                                                      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 Chair, Honorable Renetta Parrish, called the meeting to order and called the roll.
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 Commissioner Ellis, remove Consent Agenda item no. 8, Approval of Engagement Letter for Young, Van Assenderp, P.A. to represent Canvassing Board in Henderson v. Williams and place in New Business, item no. 3; and at the request of Commissioner Martin, remove Consent Agenda items no. 11, Budget Amendment Request for County Transportation Trust Fund-Capital Projects, and item no. 13, Budget Amendment Request for Board of County Commissioners (BOCC)/Property Appraiser and place in New Business items no. 4 and 5.
Under “Petitions From The Public” Mrs. Marianne Green expressed her belief that it was tragic for a poor county such as Madison to undertake legal expenses for a lawsuit filed against the Supervisor of Elections, rather than find a solution to a candidate’s dispute through other means. She also asked the Board to consider an explanation for the public for items on the Consent Agenda.
When asked by the Chair about the responsibility of legal fees stemming from said lawsuit, the County Attorney advised at this time to not enter into a public discussion on matters that may come before the court.
On the matter of explanation of Consent Agenda items, Commissioner Martin suggested the Clerk and County Coordinator make recommendations to the Board at the next Regular Meeting.
The minutes of the Regular Meeting held on November 1, 2010 were presented for review. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve said minutes as presented.
Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve the Consent Agenda, as amended, (1. Approval to combine contiguous property for Fire Special Assessment; 2. Approval of Calendar Year 2011 County Commission Regular Meeting Schedule; 3. Approval of Calendar Year 2011 Holiday Schedule; 4. Approval of Solid Waste and Recycling Department surplus property for auction; 5. Approval of Road and Bridge Department surplus for auction; 6. Approval of Extension to Option to Repurchase between Madison County and Pyramid Bakery; 7. Approval of Attorney’s and Auditor’s Fees for purchase of Excel Property to be paid from half-cent sales tax; 8. (moved to New Business); 9. Budget Amendment Request for BOCC Finance/Supervisor of Elections; 10. Budget Amendment Request for Emergency Medical Services; 11. (moved to New Business); 12. Budget Amendment Request for Fine & Forfeiture - $12.50 Surcharge; 13. (moved to New Business); 14. Approval of Tourist Development Council Grant - $1,050 for Light-Up Madison event).
Road and Bridge Department Coordinator Robert Henderson referred to a BID SUMMARY SHEET (Bid Number 2011-01) for one (1) New Current Model John Deere 624K or Caterpillar 938H Wheel Loader (or Equivalent) dated November 24, 2010. Mr. Henderson reported five (5) bids were received and all met specifications, except JCB of Florida. He reported Ring Power Corporation’s alternate TOTAL COST (with Purchase Price, Repair Guarantee and Buy-Back Guarantee) bid in the amount of $80,013 for the Caterpillar 938H was approximately $800 less than Flint Equipment Company’s TOTAL COST bid in the amount of $80,807 for the John Deere 624K. Mr. Charles Usina of Ring Power and Mr. Tommy Slay of Flint Equipment explained features about their respective Wheel Loader models. Mr. Slay asked the Board to consider the Cash Purchase Prices of the two models (John Deere 624K @ $150,807 and Caterpillar 938H @ $163,513) and suggested the Cash Purchase Price of the John Deere product would result in a savings to the County over a five year period. The County Attorney advised the time-value of money could be a consideration by the Board. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to purchase the John Deere 624K Wheel Loader at the lowest up-front bid Cash Purchase Price of $150,807. Motion carried unanimously (5-0).
      Solid Waste/Recycling Coordinator Jerome Wyche referred to a Bid Tally Sheet for MOVEMENT OF 5,000 CUBIC YARDS OF FILL DIRT for the Live Oak Bottom Collection Site on County Road 150, also known as Lovett Road. He reported five (5) bids were received and recommended the low bid submitted by Pioneer Excavating in the amount of $16,020.00. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve said low bid recommendation. Motion carried 5-0. Mr. Wyche updated the Board on the timeline of activities of improvements on said Collection Site, the thirteenth in the County.
Florida Division of Forestry Forest Area Supervisor Elijah Terrell presented to the Board the DIVISION OF FORESTRY ANNUAL REPORT – Cooperative Forestry Assistance and Forest Protection Programs (for) Madison County, Florida covering the period of July 1, 2009 to June 30, 2010. Mr. Terrell reviewed the Forest Protection Program, which included Wildfire Activity, Open Burning Program, Fire Prevention, Wildfire Mitigation, Rural Community Fire Protection, and the San Pedro Bay Landowners Association.
Taylor County Forester Barry Tye, who has been covering Madison County since January, reviewed the Cooperative Forestry Assistance programs offered by the Division of Forestry that include Landowner Assistance, Florida Forest Stewardship Program, Federal Assistance Programs, Insect and Disease Control, Environmental Education Programs, Arbor Day Programs, and Training to better assist the residents of Madison County.
Discussion followed on “Approval of Engagement Letter for Young, Van Assenderp, P.A. to represent the canvassing Board in Henderson v. Williams.” Mr. Reeves advised the Board that a lawsuit has been filed in the Clerk’s Office by candidate Ricky Henderson against Jada Williams as Madison County Supervisor of Elections and the County Canvassing Board, but not served. He advised to have an attorney on board in order to familiarize with issues of the suit. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve said Engagement Letter with Ronald A. Labasky, Attorney at Law.
Commissioner Martin stated he now understood the Budget Amendment Request for the County Transportation Trust Fund – Capital Projects for the Boundary Bend and Cherry Lake Boat Ramp improvements and made a motion to approve said request. Motion was seconded by Commissioner Ellis and approved unanimously by the Board.
Madison County Property Appraiser Leigh Barfield explained the need for a Budget Amendment in the amount of $430.53 for an unexpected Retirement Leave payout. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously to approve said request.
Mr. Cherry referred to a letter from the Florida Department of Transportation (FDOT) dated November 8, 2010 regarding an offer to donate its interest in an old 1.33 acre borrow pit, dating back to the 1950’s, jointly owned by the Department and the County located in section 12, township 1 south, range 7 east on the south side of Sundown Creek Road. Mr. David Wheeler from the Property Appraiser’s Office reported the borrow pit had never been recorded in the Official Records and not cut out of the parent tract on the Property Appraiser’s ownership maps. He also allowed that the borrow pit is also thought to be owned by the surrounding property owner. Mr. Cherry and Mr. Henderson reported the borrow pit was of no value to the County and suggested that the Board decline the offer. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to decline said offer by FDOT.
Commissioner Ellis gave the Board an update on the Florida Association of Counties Legislative Conference and reported the State Fire Marshall has proposed new rules, which may help volunteer fire departments train personnel, and that budget cuts may be in the offing for counties next fiscal year.
The Chair asked the Board to look closely at the Statewide Septic Tank Program found in Senate Bill 550 during the upcoming Legislative Session and for the Board to also begin budget preparations for the next fiscal year as soon as possible. 
Commissioner Martin echoed the Chair’s position on the upcoming budget preparations for the Board Departments, as well as the Constitutional Offices.
Mr. Cherry referred to the Restricted Appraisal Reports for the Old Jail and the Old Senior Citizens Building performed by Ms. Vivian W. Searcy of Searcy Appraisal Services. Commissioner Ellis asked the County Attorney for an opinion on possibly negotiating with the sole bidder of said properties that was received earlier in the year. Mr. Reeves advised the sale of county-owned property is governed by Florida Statutes and he would have to research exceptions in the law. Mr. Cherry was asked to re-agenda the matter for the next Regular Meeting.
There being no further business, the Chair adjourned the meeting at 10:30 A.M.
Board of County Commissioners
                                                                        Madison County, Florida
                                                                              Renetta Parrish, Chair
Tim Sanders, Clerk to the Board of
County Commissioners

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