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BOCC Minutes May 16, 2012

 

   
 
 
BOARD OF COUNTY COMMISSIONERS
 
MADISON COUNTY, FLORIDA
 
COURTHOUSE ANNEX
 
MINUTES OF THE REGULAR MEETING
 
WEDNESDAY, MAY 16, 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 Attorney George T. Reeves, Board Administrative Office Manager Sherilyn Pickels, and County Clerk Tim Sanders. County Coordinator Allen Cherry was unable to attend due to a prior commitment.
 
            The Chairman, Honorable Roy Ellis, called the meeting to order and called the roll.
 
Upon a motion by Commissioner Hamrick, seconded by Commissioner Parrish, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Mrs. Pickels, add to Public Works Department, item No. 6. Consideration of request to pay for tractor damages on Frank Morgan Road and at the request of Commissioner Vickers, add item No. 7. Approval to pave Cherry Lake Collection Center; and at the request of the Clerk add to New Business item No. 5. Approval of Amendment to Interlocal Agreement between Madison County and Madison County Hospital District.
 
Ms. Miriam Wilkinson, who represented herself as an attorney from the Tallahassee law firm of Mathis & Murphy, gave a history of the Internet Café business model in the State of Florida dating back to 2006 and in her comments stated that under current law, this type of game promotion is lawful. Chairman Ellis asked Ms. Wilkinson to continue her comments during the scheduled Public Hearing later on the agenda.
 
The minutes of the Regular Meeting held on May 2, 2012 were presented for review. Upon a motion by Commissioner Hamrick, seconded by Commissioner Vickers, the Board voted unanimously to approve said minutes as presented.
 
Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously to approve the Consent Agenda (1. Budget Amendment Request for Community Development Block Grant (CDBG) to budget 2012 fiscal year CDBG Neighborhood Revitalization Grant; 2. Budget Amendment Request for Emergency Medical Services to budget E911 Maintenance Grant).
 
Under Public Works Department, Road & Bridge Department Coordinator Lonnie Thigpen referred to a PROPOSAL and CONTRACT dated May 7, 2012 from Oldcastle Southern Group, Inc dba APAC-Southeast, Inc. (APAC) to resurface NW Concord Church Road at a Honey Lake Road piggy-back $74.23 price per ton of 1 ½ inch asphalt paving. Mr. Thigpen reported the total cost would be $147,325.57. Commissioner Vickers noted District 2 had sufficient 5th and 6th Cent Gas Tax funds available to fund said project and made a motion to accept said piggy-back bid price. Motion was seconded by Commissioner Parrish and the Board voted unanimously to approve said expenditure.
 
Mr. Thigpen also presented a PROPOSAL and CONTRACT dated May 7, 2012 from APAC to pave NW Whelks Lane for $29,987.68 at said $74.23 piggy-back price per ton. Commissioner Parrish noted 5th and 6th Cent Gas Tax funds were sufficient in District 4 to pave said road. Upon a motion by Commissioner Parrish, seconded by Commissioner Hamrick, the Board voted unanimously to approve said expenditure.
 
Mr. Thigpen also reported that Commissioner Vickers would like to have a Maintenance Map prepared for NE Hickory Grove Road and referred to a Survey Proposal from Poppell Land Surveyors, LLC dated April 26, 2012 to provide said surveying services from the north end of existing pavement to County Road 150 (approximately 3.9 miles) for a fee of $26,500. Commissioner Vickers noted said funds would also come from available District 2 5th and 6th Cent Gas Tax funds. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to approve said expenditure.
 
Solid Waste/Recycling Department Coordinator Jerome Wyche referred to a PROPOSAL and CONTRACT from APAC dated May 15, 2012 to pave the driving surface of the Greenville Collection Site for $24,690.01 at said $74.23 piggy-back price per ton. Commissioner Parrish noted 5th and 6th Cent Gas Tax funds were sufficient in District 4 to pave said roadway. Upon a motion by Commissioner Vickers, seconded by Commissioner Parrish, the Board voted unanimously to approve said expenditure.
 
Mr. Wyche also referred to a PROPOSAL and CONTRACT dated May 15, 2012 from APAC to pave the driving surface of the Cherry Lake Collection Site for $32,612.57 at said $74.23 piggy-back price per ton. Commissioner Vickers noted 5th and 6th Cent Gas Tax funds were sufficient in District 2 to pave said roadway. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to approve said expenditure.
 
Mr. Thigpen asked the Board for permission to replace a departing employee in the Road & Bridge Department. Upon a motion by Commissioner Martin, seconded by Commissioner Hamrick, the Board voted unanimously to approve Mr. Thigpen’s request.
 
Mr. Thigpen referred to a letter dated May 8, 2012 from Southern Concrete Construction Co., Inc. to Mr. Mathew Branch, P.E. of Reynolds, Smith and Hills regarding a request for an extension of the contract time on the County Road 150/Little Aucilla River bridge replacement project. Mr. Thigpen stated an additional 60 calendar days was needed due to additional time required while driving the piling on the project and construction of longer pile lengths. A motion was made by Commissioner Vickers and seconded by Commissioner Parrish to approve said 60- day extension on the bridge project. Motion carried 5-0.
 
Mr. Thigpen also presented a “Public Incident, Public Concern Report” dated May 3, 2012 from the Road & Bridge Department and a letter from Mr. Davis Wilson regarding an incident whereby Mr. Wilson reported his John Deere 6410 tractor was damaged by a limb entangled in vines hovering over Frank Morgan Road. Mr. Wilson also furnished an invoice from GreenSouth Equipment, Inc. in Tallahassee in the amount of $46.15 to repair said damages. The County Attorney advised the County was not negligent based upon the information provided. After further discussion, a motion was made by Commissioner Martin and seconded by Commissioner Parrish to approve a reimbursement for said damages to Mr. Wilson, contingent upon a full release from further claims. Motion carried 4-1 with Commissioner Vickers opposed.
 
At 4:30 p.m. Chairman Ellis directed the Board’s attention to a properly advertised Public Hearing scheduled for 4:00 p.m. to consider AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, PROHIBITING BUSINESSES WHICH DERIVE ANY FUNDS, REMUNERATION OR BENEFIT OF ANY KIND FROM ANY SIMULATED GAMBLING DEVICE INCLUDING SLOT MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR OTHER SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTIONS; PROHIBITING THE USE OF ANY SIMULATED GAMBLING DEVICE INCLUDING SLOT MACHINELIKE SPINNING REELS, VIDEO DISPLAYS OR OTHER SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTIONS; MAKING FINDINGS; PROVIDING FOR ENFORCEMENT; ESTABLISHING EXEMPTIONS; PROVIDING OF REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. County Attorney Reeves advised he drafted the proposed ordinance at the request of the Board to prohibit Internet Café style businesses in the unincorporated area of the County in conjunction with the existing moratorium on said businesses. He stated the proposed ordinance does not prohibit internet café establishments, but it does prohibit simulated gambling. Mr. Reeves specifically reviewed Section 4, Definitions; and Section 5, Prohibited Acts.
 
The Chairman opened the Public Hearing to the public for comments. Ms. Miriam Wilkinson of the Mathis & Murphy Law Firm continued her presentation on what she described as the completely lawful form of businesses that the proposed ordinance would prohibit. She suggested the Board may wish to restrict, rather than prohibit, said businesses through regulations, as Leon County does through their Growth Management Department, and bring in needed revenue to the county. In response to a question by Mr. George Blevins, Ms. Wilkinson explained the regulation of technology through a required software certification report that costs the subject businesses $30,000 to $40,000 in Leon County. In response to Commissioner Parrish, the County Attorney advised other counties have utilized Florida law to prohibit such establishments, while others have chosen to regulate them. Mr. Ben Harris questioned the cost of law enforcement associated with said businesses if allowed in Madison County. 
 
The Chairman closed the comments from the public portion of the Public Hearing. Commissioner Vickers made a motion to approve said ordinance as presented. Motion died for lack of a second. After further discussion, the Board by consensus asked staff to look into Internet Café regulatory type ordinances approved by counties similar to Madison County for Board review. Mr. Reeves advised the Board approved moratorium on Internet café-style businesses will remain in effect until the end of the year.
 
Madison ARC/Personnel Development Services Director Tim Ressler referred to a proposed AGREEMENT FOR THE MANAGEMENT AND OPERATIONS OF THE CHERRY LAKE BEACH between the County and ARC, which would transfer the management of the Cherry Lake Beach Park from the County Recreation Department to his not-for-profit agency. The County Attorney advised the proposed Agreement should be amended to provide for certificates of insurance naming the County as additionally insured.
Commissioner Martin suggested the Agreement also be amended to allow senior citizens and veterans use of the boat launch facilities free of charge. In response to Commissioner Hamrick’s question on hours of operation, Mr. Ressler stated it was his hopes to expand the hours of operation beyond the present weekend hours. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to approve said Agreement, subject to said additional insurance language and no boat ramp fee provisions for senior citizens and veterans.
 
Ms. Deloris Jones, representing the Nu Omega Omega Chapter of Alpha Kappa Alpha Sorority in Madison County introduced Chapter President Emily Dickey, who reported Madison County will be hosting the South Atlantic Regional Cluster 4 Conference in September with a welcome reception at Yogi Bear Park on Friday, the 7th and conference at the Madison County Central School on Saturday, the 8th.
 
AKA Nu Omega Omega Chapter members Peggy Williams, Gwendolyn Johnson, Cora Wyche, along with Ms. Jones and Ms. Dickey, modeled pink and green t-shirts, each with different photos of the Four Freedoms and Madison County Slavery monuments in the Park in Madison, and the Ray Charles statute in Greenville, honoring Captain Colin P. Kelly, Mr. Howell Waring, and recording legend Ray Charles, respectively. Ms. Jones also reported this year’s 2012 Unsung Hero is Madison County’s first professional football player, Mr. Jesse Solomon.  
 
At the request of the Nu Omega Omega Chapter, all the Commissioners agreed to individually provide the meats (chicken and ribs) for 300 people for the Friday night celebration. In appreciation Ms. Johnson presented the Board with fans for the AKA Cluster IV Celebration.
 
Mr. Mark Mustian, Bond Counsel with the Tallahassee law firm of  Nabors, Giblin & Nickerson presented to the Board for consideration an AMENDMENT TO INTERLOCAL AGREEMENT between Madison County and the Madison County Hospital District for the purpose of amending the Interlocal Agreement dated March 15, 2011 between said parties. He advised the process of building a new hospital is in the culmination stages of obtaining interim financing from Morgan Keegan and the Amended Interlocal Agreement is related to the one-half cent sales tax funds presently held by the County. Mr. Reeves advised the change in the Agreement refers to the time frame of transfer of said funds from the Clerk of the Court to the Bond Trustee to build the hospital. Upon a motion by Commissioner Martin, seconded by Commissioner Hamrick, the Board voted unanimously to approve said Amendment to Interlocal Agreement.
 
Hospital District Board Chairman Ben Harris gave the Commission an update on the interim financing by Morgan Keegan to build the new hospital and the bond ratings by Moody’s. He stated the Hospital Board is optimistic about breaking ground in the near future, maybe in June.
 
Mr. George Blevins, representing the Salvation Army, presented a map that delineated a 4 to 5-acre parcel of county-owned land located south of Greenville on U. S. Highway 221. Attached to the map was a “Schematic Site Plan” and “Schematic Floor Plan” of the property and proposed improvements. Mr. Blevins asked the Board to consider a donation of the land to the Salvation Army to build a music conservatory for the children in the area and later, if funds are available, to build a thrift store and recreation fields. A motion was made by Commissioner Martin and seconded by Commissioner Vickers for the Board to move forward with the donation of said property. Motion carried 5-0. The County Attorney advised a legal description would be needed to transfer the property. He also advised the Board may wish to consider some type of reverter clause. Mr. Blevins stated the Salvation Army would provide a survey and description of the subject property and was amenable to a contingency in the deed to convey the property back to the Board if grant funding is unavailable for said proposed improvements.
 
Commissioner Parrish reported New Zion Missionary Baptist Church in Greenville will be installing a new pastor next month and asked for the Board to prepare and for her to present a resolution in honor of the installation. The Board by consensus agreed for staff to submit a resolution for approval at the next Regular Meeting. 
 
Commissioner Martin referred to a letter from the Madison County 4-H Association that outlined levels of sponsorship for 4-Hers to attend camps this summer. The Board by consensus agreed to sponsor one Camp Cherry Lake $180 full scholarship, divided equally ($36) between the Commissioners.
 
Chairman Ellis also reminded the Board of their individual commitments to fund a $500 savings bond for the 2012 Madison County High School Project Graduation.
 
The Clerk presented the FISCAL YEAR 2012 Statement of Revenues, Expenditures, Encumbrances and Appropriations as of April 30, 2012. Mr. Sanders also gave a brief report of the Medicaid County Billing meeting that he and his finance staff, along with Mrs. Pickels, had with a representative of AHCA (Agency for Health Care Administration) regarding implementation of HB 5301.
 
 There being no further business to come before the Board, the Chairman adjourned the meeting at 6:10 P.M.
 
 
                                                                       
 
Board of County Commissioners
                                                                        Madison County, Florida
 
By: ____________________________
                                                                               Roy Ellis, Chairman
 
 
ATTEST:
 
_____________________________
Tim Sanders, Clerk to the Board of
County Commissioners

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