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BOCC Minutes June 1, 2011


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 Attorney George T. Reeves, County Coordinator Allen Cherry, and County Clerk Tim Sanders.
            The Chair, Honorable Renetta Parrish, called the meeting to order and called the roll.
Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve the agenda as presented.
Under Petitions From The Public, Ms. Lourenda Sue Capps asked the Board for a variance for Mr. James Shepard Glass, who was convicted in 1996 for attempted sexual battery on a minor, to be able to return with his wife to his home in Greenville. Ms. Capps stated Mr. and Mrs. Glass’s property line is less than 1,000 feet from a school bus stop and to her understanding the County has a 2,500 foot requirement for a person convicted of a crime against a child under the age of sixteen years of age. She also stated Mr. and Mrs. Glass are both disabled and would like to move back to their land with their brothers and sisters. The County Attorney advised the Board had no authority to grant a variance and that the distance requirement could only be changed by amending the ordinance. Mr. Reeves stated he would look into the issue along with the Sheriff. Ms. Capps presented the Board with signed papers from residents along NW Honeybee Way of their willingness to have Mr. Glass return to his home. 
Also, under Petitions From The Public, Mr. Tommy Greene stated he was willing to pay for wildflower seeds to beautify State Road 53 south of Madison. Mr. Cherry presented an email from Sherry Craft of the Florida Department of Transportation (FDOT) Perry Maintenance Office dated May 19, 2011, which stated the Department would be glad to oversee the planting of the wildflower seeds provided by Mr. Greene using the Department’s personnel and equipment. The Chair stated she thought it was a good idea and asked that the matter be agendaed for the next Regular Meeting for consideration.
Also, under Petitions From The Public, Mr. Russell Williams stated he would like to provide an official11x14 photograph of all elected County officials at no charge. Mr. Williams presented a picture of a backdrop that would be used and stated the photographs would be on a voluntary basis only.   
Also, under Petitions From The Public, Mrs. Marianne Greene stated it was very difficult to track what the Commissioners and people addressing the Board are saying.
Also under Petitions From The Public, Ms. Pamela Branch stated she would like to petition the Board to pave the unpaved section of Farm Road. Road & Bridge Coordinator Robert Henderson stated milling the approximate one-half mile section of road would cost $18,000 to $20,000 and to pave it would cost $90,000 to $100,000.
Also under Petitions From The Public, Ms. Mamie Lou Franklin stated she had lived on Farm Road for 41 years and would like to see it paved because of health reasons.
Also under Petitons From The Public, Mr. Sammie Turner, Mr. Larry Solomon, and Ms. Essie Branch, all asked the Board to do something about Farm Road because the dust is so bad and it is hard to breath.
Also under petitions From The Public, Ms. Micki Salter and Ms. Paige Peavy addressed the Board on behalf of the Madison County Cattlemens Association for permission to use the Agricultural Center for a one-day steer show on October 15, 2011. Discussion followed on a proposed lease between Madison County and the Florida Department of Agriculture. Mr. Cherry stated he would try to provide a lease for consideration by the Board at the next Regular Meeting.
The minutes of the Regular Meeting held on May 18, 2011 and the minutes of the Special Meeting held on May 23, 2011 were presented for review. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to approve said minutes as presented.
Property Appraiser Leigh Barfield gave an update on her office’s work on the Tax Roll and reported Taxable Values in the County, while not set in stone, are down less than 1% from last year.
Upon a motion by Commissioner Hamrick, seconded by Commissioner Vickers, the Board voted unanimously to approve the Consent Agenda (1. Approval of Tourist Development Council Grant to Lee Volunteer Fire Department for $3,200; 2. Approval of Tourist Development Council Grant to Excellence Dance Studio for $600; 3. Budget Amendment Request for Tourist Development Council to move $2,000 from General Advertising to Grants Paid Out; 4. Re-appointment of the following individuals to the Tourist Development Council: Craig Waldrop, Shirley Von Roden, Jacquelyn Blount, Roy Milliron and Commissioner Justin Hamrick; 5. Budget Amendment Request for E-911 to increase budget for E-911 Rural Grant Received; 6. Approval of expenditure by the Sheriff’s Department of State Confiscated Currency).
Solid Waste/Recycling Departments Coordinator Jerome Wyche referred to a multi-page document regarding “piggy-back” pricing associated with the U. S. 90 resurfacing project submitted by APAC-Southeast, Inc. for paving the driving surfaces of Ravenswood ($27,829.80), Industrial Park ($26,883.59), and Rocky Ford Road ($25,097.34) Collection Sites. He stated the Ravenswood Site has been approved by the Board. Mr. Wyche reported after a review of the Solid Waste Fund and Recycling Fund reserves with Mr. Cherry and Mr. Sanders and his Finance Staff, he recommended the Board postpone paving the other two sites due to lack of sufficient funds at this time. Mr. Wyche also suggested at a later date during the budget process for next fiscal year, the Board may wish to look into using available 5th and 6th cent reserves to pave said driving surfaces. The Board by consensus agreed with Mr. Wyche’s assessment and recommendation to postpone said paving projects.
Road & Bridge Department Coordinator reported Commissioner Martin asked for paving costs for the following County Roads: SW Casselberry Trail, SW Bentley Street, SW Happy Street, and SW Georgia Street. Mr. Henderson referred to a document from APAC-Southeast, Inc. with a quote of $68,498.78 to resurface Happy and Bentley Streets and pave Georgia Street. He reported the proposed cost could be reduced $7,400 less millings. He also referred to APAC’s quotation of $105,020.62 to pave Casselberry Trail. Commissioner Martin referred to the included cost of $26,000 for millings on said road and the question arose on the use of 5th and 6th Cent Gas Tax revenues for projects other than paving. The Clerk reported historically the use of said gas tax funds was limited to paving. The County Attorney stated he would review the statutes during the break and report back later in the meeting. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve the paving of Happy, Bentley, and Georgia Streets at a cost of $61,098 by APAC with available 5th and 6th Cent Gas Tax funds for District 4. Motion carried 5-0.
Mr. Henderson also gave an update on the status of the Delphinium and Fellowship Road paving projects.    
Madison County Chamber of Commerce and Tourism Executive Director Cindy Vees referred to a PROPOSAL to the Board for the Chamber of Commerce to occupy the old Senior Citizens building. She stated the Chamber is now leasing space for $1,000 per month and would be willing to contribute that amount back to the County to help defray utility costs that averaged $700 to $800 monthly when the Senior Citizens Council occupied the building. In response to Commissioner Ellis, the County Attorney advised he would have to look at the terms of the lease to determine if the property should be advertised for bids. Commissioner Martin expressed concern about the County paying utilities and the Chair shared her concern about the condition of the building and needed repairs. A motion was made by Commissioner Ellis and seconded by Commissioner Martin to allow the County Attorney and County staff to negotiate a lease agreement with the Chamber for the Board’s consideration. Motion carried 4-1 with Chairperson Parrish opposed.
County Attorney Reeves reported that at the Board’s direction he met with Mr. John Ovenden of MadisonVoice regarding Mr. Ovenden’s terms of service to videotape County Commission meetings. Mr. Reeves reported Mr. Ovenden would be willing to perform said service at a rate of $50.00 per meeting for all regular and most special Board meetings and to also provide a copy of the video to the County to be held in the public records of the Clerk’s Office. During public comments, Mr. Tommy Greene of Greene Publishing, Inc. stated he was highly opposed to buying and selling news and reported again that his company has offered to perform the same proposed service for no charge. Mrs. Marianne Green asked the Board to clarify the accessibility of videotaping Board meetings.
Mr. Ovenden reported he has been videotaping Board meetings for two and one-half years and his web site now has 6000 readers a day. He also stated no matter, he would continue to videotape the Board’s meetings. A motion was made by Commissioner Ellis and seconded by Commissioner Hamrick for the Board to not contract with anyone to video Board meetings. Motion carried 4-1 with Chairperson Parrish opposed.
Commissioner Martin reported that he, Mr. Cherry, and Mrs. Sherilynn Pickels visited two picnic areas along the Rails To Trails from Madison to the Withlacoochee River for a possible location to name in honor of the late Deputy Marcus Jones, since the bicycle trail was already named the Colin Kelly Trail. Commissioner Martin referred to pictures of the covered structures in Hanson and in Pinetta. A motion was made by Commissioner Vickers and seconded by Commissioner Martin to choose the picnic area in Pinetta to honor Deputy Jones. Motion carried 5-0.
Road & Bridge Coordinator Henderson reported after measuring the graded section of the aforementioned Farm Road, the cost for milling and paving the 0.8 mile section would be $114,000. Commissioner Ellis referred to the paper entitled Recap of expenditures of 5th and 6th Cent Gas Tax by District and stated he would be about $7,000 short ($114,000 less remaining District 5 balance of $108,062) to pave said section of road, which would connect two paved sections. Commissioner Ellis’ fellow Commissioners by consensus agreed to split the needed shortfall for paving. A motion was then made by Commissioner Ellis and seconded by Commissioner Martin to amend the agenda and to pave said 0.8 mile section of Farm Road. Motion carried 5-0. Mr. Henderson reported the un-paved section of Farm Road would come under the “Dusty Roads Program”.
In response to Commissioner Martin’s request to offer an opinion on the use of 5th and 6th Cent Gas Tax proceeds for milling a graded road, the County Attorney advised that while said gas tax revenues have traditionally been used for paving projects only, the funds could legally be spent for spreading millings on a graded road. A motion was made by Commissioner Martin and seconded by Commissioner Hamrick to place millings on Casselberry Road at a cost of $26,000 using 5th and 6th Cent Gas tax revenues. Motion carried 5-0.
The County Attorney referred to Ordinance 2003-126 (AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, RELATING TO MADISON COUNTY PARKS; PROVIDING A TITLE; PROVIDING DEFINITIONS; AUTHORIZING THE PROMULGATION OF RULES AND REGULATIONS REGARDING ACTIVITIES WITHIN COUNTY PARKS; PROHIBITING CERTAIN ACTIVITIES IN COUNTY PARKS; PROVIDING FOR GENERAL PARK REQUIREMENTS; PROVIDING REQUIREMENTS RELATED TO RECREATIONAL ACTIVITIES; PROVIDING REQUIREMENTS RELATED TO VEHICLES AND TRAFFIC IN PARKS AND ADJACENT ROADWAYS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE), specifically to page 13, section J. SPECIAL REQUIREMENTS FOR CHERRY LAKE BOAT RAMP. Mr. Reeves advised the Board could alter the restriction of the number of users of the Boat Ramp by amending the Ordinance. Commissioner Martin stated the main concern expressed at the last Special Board Meeting was the number of illegal boats launched at the Boat Ramp and suggested the Sheriff and County staff look into abuses at the Park. Discussion followed on the use of the Boat Ramp by residents with property on Cherry Lake. The Board by consensus agreed to re-agenda the matter.
Upon a motion by Commissioner Vickers, seconded by Commissioner Ellis, the Board voted unanimously to approve the expenditure of $3,218.75 from Fire Board Reserves, which was approved by the Fire Board on May 17th, for Volunteer Fire Fighter training.
Regarding “Consent Agenda item No. 1. Approval of Tourist Development Council (TDC) Grant to Lee Volunteer Fire Department for $3,200”, Commissioner Martin asked for clarification of expenses. Town of Lee Mayor Eddie Bell reported the grant would be used for advertising a two-day event, July 1 & 2, with a fireworks display at the end of day 2. Commissioner Hamrick, who is a member of the TDC, stated much of the costs are for banners that can be used to advertise the event each year.
Commissioner Ellis again addressed the two subdivisions in his District, whose roads have never been brought up to County standards and are in deplorable condition. The County Attorney stated he would provide options to the Board to bring the roads up to specifications, such as liens on property, for the next Regular Meeting.
Commissioner Ellis also reminded his fellow Commissioners about their Project Graduation Savings Bond gift to be given away during the 2011 Project Graduation on June 3rd and 4th.
The Board by consensus granted Commissioner Martin’s request to allow him and the Clerk to get a price on an upgrade to the Board Room sound system.
Mr. John Ovenden and Mr. Jacob Bembry of Greene Publishing, Inc. agreed to their “usual areas” in the Board Room for videotaping, when advised by the County Attorney that the Board could not designate areas for said purposes.
In response to the Chair, Mr. Cherry reported he has not been advised by Representative Leonard Bembry on the availability of the Highway Patrol Station located on U. S. 90 west of Madison for County use.  
There being no further business to come before the Board, the Chair adjourned the meeting at 11:00 A.M.
                                                                        Board of County Commissioners
                                                                        Madison County, Florida
By: ____________________________
                                                                               Renetta Parrish, Chair
Tim Sanders, Clerk to the Board of
County Commissioners

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