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BOCC Minutes February 15, 2012


                                        BOARD OF COUNTY COMMISSIONERS
                                                  MADISON COUNTY, FLORIDA
                                                        COURTHOUSE ANNEX
                                       MINUTES OF THE REGULAR MEETING
                                             WEDNESDAY, FEBRUARY 15, 2012
                                                                      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 Chair, Honorable Roy Ellis, called the meeting to order and called the roll.
Upon a motion by Commissioner Parrish, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Mr. Cherry add to New Business, item No. 8, Approval of letter from the Board to State Rep. John Wood regarding the shift of local health department operating costs to the County; and at the request of the County Attorney, delete New Business item No. 5, Review of Federal Court Order regarding redistricting.
Under Petitions From The Public, Mr. Jim Anderson presented a letter to the Board dated February 15, 2012 regarding an unfortunate medical emergency he had and a request for the Board to revisit stationing an Emergency Medical Services (EMS) rescue unit in the eastern part of Madison County and to add an additional unit to respond to the needs of citizens throughout the county. Mr. Anderson also recommended the Board look closely at and hold off granting a permit for internet cafes until all the necessary information is available to make a decision.
 The minutes of the Regular Meeting held on February 1, 2012 and the minutes of the Special Meeting held on February 8, 2012 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. 
Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve the Consent Agenda (1. Approval of Amendment #2 to the Memorandum of Agreement for revenue distribution for the Catalyst Project for the North Central Florida Rural Area of Critical Economic Concern; 2. Budget Amendment Request for Fines and Forfeitures to amend to include revenues from prior year refunds; 3. Budget Amendment Request for Fines and Forfeiture to amend to remove restricted revenues and expenditures from Fund 030 and create separate individual funds for each; 4. Budget Amendment Request for State Confiscations Trust to amend for BOCC (Board of County Commissioners) approved expenditures on various dates paid from prior year reserves; 5. Budget Amendment request for DOJ (Department of Justice) Equitable Sharing Program to amend for revenues received and related expenditures; 6. Budget Amendment Request for MCSO (Madison County Sheriff’s Office) Firearms Training Facility to amend for Fee Revenue received; 7. Budget Amendment Request for Fines and Forfeitures to amend for additional FY 2012 revenues and expenses and to amend SRO (School Resource Officer) contract to correct amount; 8. Budget Amendment Request for Fines and Forfeitures/Crime Prevention to amend to establish a separate fund for Crime Prevention dollars; 9. Budget Amendment Request for $2.00 Law Enforcement (LE) Education to amend to establish a separate fund for $2.00 LE Education as directed by Florida Statute 938.15; 10. Budget Amendment Request for Radio Communication Program to amend to establish a separate fund for $12.50 Radio Communication as directed by Florida Statute 318.21; 11. Budget Amendment Request for $2.50 Criminal Justice Education to amend to establish a separate fund for $2.50 Criminal Justice Education as directed by Florida Statute 318.18(11)(c).)
Suwannee River Water Management District (SRWMD) Executive Director David Still introduced members of his staff, Mr. Charlie Houder, Ms. Melanie Roberts, and Mr. John Dinges. Mr. Still stated that water is the mainstay in Florida and a critical resource for all citizens, especially in the North Florida area served by SRWMD. He then turned the power-point presentation, which he reported will be given to all counties in the District, over to Mr. Dinges.
Mr. Dinges reported on the extent of the Floridian Aquifer System and declines in the water levels of the Aquifer from the predevelopment of Florida through 1980. He also reviewed graphical representations of declining levels at four long-term Monitor Well Locations at Neptune Beach, Seaboard Railroad (western Duval County), DOT-Lake City, and J L Prine (northern Lafayette County). Mr. Dinges also reviewed “Water Resource Caution Areas” in the Upper Suwannee River Region, Alapaha River Basin, and the Upper and Lower Santa Fe River Basins. He shared the future focus is on an interagency agreement between the SRWMD, the Saint Johns River Water Management District, and the Florida Department of Environmental Protection to share planning and implementation of water systems recovery to recharge the Upper Floridan aquifer to sustain the regional water supply.
Discussion followed on a proposed alteration of the Jacksonville Electric Authority (JEA) water use permit, which would contribute to declining water levels at the worst possible time during the current drought. The Board by consensus agreed to direct the County Attorney to prepare a resolution for consideration at the next Regular Meeting that would oppose said permit alteration.
Chairman Ellis recognized new Madison City Manager Tim Bennett and welcomed him to Madison County.
Under Public Works, Road & Bridge Department Coordinator Lonnie Thigpen referred to a Bid Tabulation Sheet and attached “Total Cost Bid Tabulation-Without Trade In” from bidders for Bid Number FY 2012-01 – One (1) New Current Model Tandem Drive Motor Grader. He noted the following bids from Ring Power Corporation (Caterpillar 120M2) and Flint Equipment Company (John Deere 670G) were opened on February 9th:        
                                                                        Ring Power                 Flint Equipment
Total cost with purchase and repair guarantee            $192,900                     $174,736
Guaranteed buy-back                                                  $120,000                     $108,000
Total Cost                                                                    $72,900                      $66,736
Mr. Thigpen reported the Road & Bridge Department currently has a Caterpillar 12H Motor Grader on buy-back in the amount of $120,000. He also stated the Flint Equipment bid included an offer to buy-back the 12H Grader for $130,000. Mr. Reeves advised said offer was outside the bid specifications. Mr. Thigpen stated the Flint Equipment bid was the low bid and recommended purchase of the John Deere 670G Motor Grader. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to follow said recommendation and accept said low bid. Motion carried 5-0.
            County Grants Consultant Jim Parrish, along with County Engineer Bill Steves, referred to a Bid Tabulation Sheet for Quail Hollow Wastewater Collection and Transmission System Improvements and SW Anderson Pond Way Water Distribution System Improvements prepared for Madison County in accordance with 2010 CDBG (Community Development Block Grant) Contract #11DB-C5-03-50-01-N02. Mr. Parrish noted the following bids were opened on February 13th:
                                                                                                Total Cost
                                    SandCo. Inc.                                       $359,520
                                    Standard Contractors, Inc.                 $320,893
                                    Dowdy Plumbing Corp.                      $296,000
                                    Curts Construction, Inc.                     $335,392
Mr. Parrish stated Dowdy’s low bid of $296,000 is within the CDBG grant budget and complies with CDBG specifications. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously (5-0) to approve low bid of $296,000 by Dowdy Plumbing Corp.                                                      
Mr. Cherry reported a request has been made by the Four Freedoms Trail Friends, Inc. for the Board to pay the required Florida Nonprofit Filing fees in the amount of $78.75. He added the group has promised to reimburse the County for said costs once they get up and running. The Clerk noted the Board has funds available in its Books, Publications, Subscriptions, and Membership line item. A motion was made by Commissioner Parrish and seconded by Commissioner Martin to pay said fees with reimbursement by the Friends of the Trail when funds become available. Motion carried 5-0.
Discussion followed on the vacant position on the Tourist Development Council for membership “Subject to the Tax”. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously (5-0) to advertise for said position on the Board’s website and the Chamber of Commerce’s website.
Mr. Cherry also referred to a new request from Fantazia Circus representative Jeane Ybarra to rent the County Agricultural Center (“Livestock Pavillion”) for a small circus in March. He also stated the circus presented along with the request, a Certificate of Liability Insurance in the amount of $1,000,000. Mr. Reeves advised the Board may wish to develop a policy for use of said facility by the public before entering into an agreement at this time. A motion was made by Commissioner Parrish and seconded by Commissioner Vickers to decline the request due to repairs that need to be done to the facility. Motion carried 5-0.
Mr. Cherry presented a proposed letter for approval from the Board to Representative John Wood, Chairman of the Florida House Health and Human Services Quality Sub-Committee, regarding the Board’s concerns with HB 1263 and its proposed shift of operating costs of  local health departments to the counties. A motion was made by Commissioner Martin and seconded by Commissioner Vickers to approve the Chairman’s signature upon said letter and sending it to Rep. Wood along with the Madison County Legislative Delegation, Madison County Commissioners, Madison County Health Department Director Kim Barnhill, the Clerk, the Florida Association of Counties, and the Small County Coalition. Motion carried 5-0.
At 5:10 p.m. Chairman Ellis directed attention to a noticed Public Hearing before the Board scheduled for 5:00 p.m. on an APPLICATION FOR EXTRAORDINARY HARDSHIP EXCEPTION TO THE COUNTY’S MORATORIUM ON INTERNET CAFÉ AND SIMILAR BUSINESSES. The County Attorney reviewed Madison County Ordinance No. 2011-200 adopted by the Board on December 7, 2011, which imposed a moratorium on new Internet Café and similar businesses in the unincorporated area of the County. He advised the Ordinance does allow the Board to authorize an exception to the moratorium when it finds that the moratorium would impose an extraordinary hardship on the applicant, specifically he referred to Section 9 on page 5 and page 6 of said Ordinance and quoted Section 9(g) “At the conclusion of the public hearing and after reviewing the evidence and testimony placed upon it, the Board shall act upon the application either to approve, to deny, or to approve in part and deny in part the same”.
The Chairman opened the Public Hearing for presentation by the applicants, Jeffrey and Debra Knox. Mr. Knox explained they were in the process of pricing for improvements to their business at Cherry Lake crossroads, including pizza, propane, and an internet café to enhance business. He stated he and his wife have many hours invested in the proposed internet café and referred to a proposed floor plan and a proposal from a contractor for the internet café improvements in a document entitled Cherry Lake General Store. Although not a part of the hardship process, Mrs. Knox stated she had 100 signatures from customers in support of efforts and presented the petition for the Board’s review. She stated no money has been spent for the equipment, but a down payment has been made to the contractor.
County Planner Jeanne Bass explained the moratorium was put into place to give staff time to research needed regulations and a zoning classification for this type of business in the County. 
Sheriff Ben Stewart stated it was his hope and the Florida Sheriff’s Association that the Florida Legislature would address internet cafes throughout the state. He stated there are 2 or 3 businesses of this type in the City of Madison, and although he was personally against internet cafes, he would enforce the law.
The County Attorney advised Mr. and Mrs. Knox that the advertisement of the date of the moratorium went out before the contractor’s proposal dated November 28, 2011.
The Chairman expressed his concern regarding building code requirements for the proposed business.
Mr. Reeves explained the Ordinance’s hardship provisions and advised if the Board makes a decision that there is an extraordinary hardship, then the Knox’s should be entitled to start an internet café business, subject to all building and zoning requirements.
Mr. Reeves also advised the Board could accelerate the process and enact rules and regulations in a shorter period of time than the ten months left in the moratorium. He also advised a new ordinance would extinguish the existing moratorium ordinance.
Commissioner Parrish made a motion, seconded by Commissioner Vickers, to find the moratorium placed an extraordinary hardship on the applicants and to grant the hardship application. Motion failed 2-3 with Chairman Ellis and Commissioners Hamrick and Martin opposed.
A motion was then made by Commissioner Martin, seconded by Commissioner Hamrick, to direct staff to come up with necessary regulations for internet cafes. Motion carried 5-0. The Board by consensus agreed to start the process with the Planning and Zoning Board.
Mr. Cherry presented a proposed rendering of a sign in memory of the late Madison County Sheriff Deputy Marcus Jones, which will be placed at a rest area along the Four Freedoms Trail.
There being no further business, the meeting was adjourned at 5:55 p.m.
Board of County Commissioners
                                                                        Madison County, Florida
                                                                              Roy Ellis, Chair
Tim Sanders, Clerk to the Board of
County Commissioners

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