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BOCC Minutes June 6, 2012

 

 BOARD OF COUNTY COMMISSIONERS
 
MADISON COUNTY, FLORIDA
 
COURTHOUSE ANNEX
 
MINUTES OF THE REGULAR MEETING
 
WEDNESDAY, JUNE 6, 2012
 
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 Chairman, Honorable Roy Ellis, called the meeting to order and called the roll.
 
Upon a motion by Commissioner Hamrick, 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. 11. Discussion with possible action on the proposed Madison County Prioritized Transportation Plan; and New Business item No. 12.  Dedication Ceremony in Pinetta on the Four Freedoms Trail honoring the late Deputy Marcus Jones; and at the request of Commissioner Parrish, add to New Business item No. 13. Presentation of scholarship by the Madison County Recreation Association.
 
Under Petitions From The Public, Mr. Al Alexander of 465 Digger Wasp Trail questioned the Board’s recent paving projects that are not on the Board-approved Priority Paving List. Chairman Ellis explained the process has changed since proceeds from the County’s 5th and 6th Cent Gas Tax are divided equally between each County Commissioner’s District.   Commissioner Martin suggested that Mr. Alexander meet with his District 2 Commissioner to address his road paving needs.
 
Also, under Petitions From The Public, Mr. Roy Milliron reported that he made a well-received presentation to the Madison Garden Club regarding the Four Freedoms Trail, but found a problem exists in the lack of restrooms along the way. In response to those concerns, Mr. Milliron asked the Board to consider placing porta-potties along the trail as a solution.
 
The minutes of the Regular Meeting held on May 16, 2012 were presented for review. Upon a motion by Commissioner Martin, 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. Approval of Emergency Management Preparedness and Assistance Grant; 2. Approval of Emergency Management Performance Grant; 3 Approval of Resolution 2012-06-06 and Construction and Maintenance Agreement with the Florida Department of Transportation for State Road 10 (US 90) W. Base Street Routes to School Project; 4. Approval to surplus Road Department truck and sell at auction; 5. Approval to surplus Solid Waste vehicles and sell at auction; 6. Budget Amendment Request for Madison County Sheriff’s Office Firearms Training Facility to amend additional fee revenue received; 7. Budget Amendment Request for Capital Projects/5th and 6th Surplus to amend for FY 2012 Board of County Commission approved 5th and 6th Surplus expenditures; 8. Budget Amendment Request for DOJ Equitable Sharing Program-Sheriff to amend for additional FY 2012 expenditures; 9. Budget Amendment Request for Fines and Forfeitures/Traffic Surcharges to amend to actual revenues and expenditures; 10. Budget Amendment Request for BOCC General Fund/Recreation Department to amend Cherry Lake Beach revenues and expenditures due to change in management; 11. Budget Amendment Request for State Confiscations Trust-Sheriff to amend for BOCC approved expenditures on various dates paid from prior year reserves (no State Confiscated revenue received in FY 2012); 12. Budget Amendment Request for Landfill Closure to amend for actual expenditures; 13. Budget Amendment Request for Solid Waste to amend for actual expenditures; 14. Budget Amendment Request for Emergency Management to amend the budget to include the State Homeland Security Grant; 15. Budget Amendment Request for Emergency Management to re-allocate budgeted funds; 16. Approval of Sheriff’s Department expenditure of State Confiscated Currency for $1500.00 for donation to the House of Hope Drug Rehabilitation Center; 17. Approval of Resolution for New Zion Missionary Baptist Church to honor installation of new pastor).
 
Mr. Ted Ensminger of Madison YES!, Inc., an organization promoting an election in Madison County to decide whether the sale of intoxicating liquors, wines, or beer shall be prohibited or permitted in the County and decide the method of sale, presented to the Board 3,030 petition signatures of qualified electors in the County to order said election. The County Attorney advised that under Florida law, one-fourth of registered voters in the County must sign petitions to call a Special Election within 120 days after it was originally filed in the Clerk’s Office and it is up to the Board to determine if the number of petitions are legally sufficient.
 
Supervisor of Elections Tommy Hardee presented a CERTIFICATION , which stated 4,183 petition signatures were submitted by Madison YES!, Inc. and 3,030 of those were qualified electors in the County; and as of June 6, 2012 the total number of registered voters in Madison County is 11,762; and all of the above petitions were dated after February 16, 2012. Mr. Sanders presented a certified copy of the written application (the “Petition”) that was presented to and filed with the Clerk of the Circuit Court on February 12, 2012.
 
Chairman Ellis opened the meeting for comments from the public. Hearing none, the County Attorney directed the Board’s attention to a multi-page document entitled ORDER OF ELECTION. Upon his review he advised the Board that it is required to order a Special Election by Florida Statutes, if it accepts the Certified Copy and Certification as sufficient proof that the Petition is legally sufficient and meets all the requirements of Chapter 567, Florida Statutes. Mr. Reeves also advised the Supervisor of Elections has suggested an election date of August 28, 2012. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to accept the Petitions as presented and order a Special Election on August 28, 2012. Mr. Reeves explained the statutory requirements of the Special Election and its timing with respect to other scheduled elections.
 
Mr. Hardee referred to a multi-page document entitled Madison County Supervisor of Elections and in it a spreadsheet detailed the total cost of the 2012 Wet/Dry Special Election to be $33,844.32. Another page itemized a budget amendment request for the current 2011-2012 fiscal year in the amount of $14,257.82. Mr. Sanders reported funds were available in the 2011-2012 Fiscal Year Contingency Fund. A motion was made by Commissioner Martin and seconded by Commissioner Hamrick to approve said budget amendment requests totaling $48,102.12 from said Contingency Fund. Motion carried 5-0.
 
Reverend Albert Barfield, President of the Madison County Recreation Association (MCRA), expressed his thanks for the Board’s assistance in making the 2012 May 20th Jubilee a success. He especially thanked the Road Department for work on the grounds and the Solid Waste Department for containers. Ms. Tomeka Wilson, Secretary of the MCRA, presented a $500 scholarship to Ms. Jessica Solomon, a Senior at Madison County High School and daughter of Mr. Jesse Solomon.
 
Madison County Health Department Director Kim Barnhill gave the Board a brief explanation of legislation passed this year which allows counties to opt-out of septic tank regulations by the end of 2012. She recognized the importance of inspecting septic tanks to insure operability to protect water quality. Ms. Barnhill, who is also the Director of the Jefferson County Health Department, reported the Jefferson County Board of County Commissioners agreed to hold a workshop to discuss the matter before making a decision and suggested Madison County may wish to do the same. She also reported that some counties, similar to Madison County that have first magnitude springs, already have onsite sewage treatment and disposal system requirements. Reference was made to A RESOLUTION OF THE MADISON COUNTY BOARD OF COUNTY COMMISSIONERS OPTING MADISON COUNTY OUT OF THE NEW STATUTORY REQUIREMENT TO IMPLEMENT A LOCAL SEWAGE TREATMENT AND DISPOSAL SYSTEM EVALUATION AND ASSESSMENT PROGRAM BY ORDINANCE; INFORMING THE FLORIDA SECRETARY OF STATE OF SAME; PROVIDING FOR THE TRANSMISSION OF A CONFORMED COPY OF THIS RESOLUTION TO THE FLORIDA SECRETARY OF STATE; AUTHORIZING THE CHAIRMAN TO SIGN THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Ms. Marianne Green spoke in favor of not opting-out. Mayor Eddie Bell of Lee, who also spoke in favor of protecting the aquifer, stated during the Town’s conversion to a public sewage treatment and disposal system, many residents found they had a problem with their septic tanks. The Board by consensus agreed to allow Mr. Cherry to coordinate a public workshop on the matter.
 
Suwannee River Regional Library Director Betty Lawrence reported an ongoing problem with a leaky roof at the Madison County Library in Madison and expressed her concern that assets, such as books and computers, may be lost if the problem is not addressed. She reported that she could make adjustments to the Library’s budget to allow a $5,000 contribution to an approximate $40,000 expense. Mr. Cherry reported Mr. Will Rutherford of Clemons, Rutherford & Associates inspected the roof and stated it could not be patched and advised it be replaced. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to allow Mr. Rutherford to request for bids to replace said roof.
 
Ms. Lawrence also reminded the Board of the Summer Reading Program at the county libraries, which is so important to children. She also reported all library personnel have been trained for voter registration.
 
Ms. Crystal Pearson on behalf of the Florida Department of Children and Families presented to the Board for consideration a PROCLAMATION declaring “July as Water Safety Month: Promoting Water Safety Through Public Awareness” in Madison County, Florida. Upon a reading by the Clerk, a motion was made by Commissioner Martin and seconded by Commissioner Hamrick to approve said Proclamation as presented. Motion carried 5-0.
 
Sheriff Ben Stewart thanked the Board for their efforts to honor the late Deputy Marcus Jones. He also reported his office has filed a Summary Judgment on a five-acre parcel of land located south of Lee. He suggested the Board may wish to sell the property and double-wide mobile home and place the proceeds in the General Fund.
 
Town of Greenville Clerk Sherry Roland made reference to a map and listing of the following seven parcels of county-owned land declared surplus by the Board that are located in and around Greenville: 28-1N-07-2436-002-000; 20-1N07-2011-000-000; 00-00-00-2388-000-000; 00-00-00-2358-002-000; 00-00-00-2358-003-000; 00-00-00-00-2358-005-000; 00-00-00-2363-000-000. Ms. Roland stated that upon review, the Town Council requested a donation of said parcels from the Board to the Town of Greenville due to lack of funds to purchase. A motion was made by Commissioner Parrish and seconded by Commissioner Martin for the Board to donate said seven surplus properties to the Town of Greenville, contingent upon the Town of Greenville paying all costs to transfer said properties, such as deed preparation and recording costs. Motion carried 5-0. Ms. Roland stated she would take this action back to the Greenville Town Council for its consideration.
 
             Under Public Works Department, Road & Bridge Department Coordinator Lonnie Thigpen presented copies of BID OPENING 2012-04 for PAVING SE BISBEE LOOP & NE LANTANA STREET that was opened on June 4th at 9:00 A.M. Mr. Thigpen reported five (5) bids were received and the low total lump sum bid for both projects was submitted by The Scruggs Company in the amount of $209,306.10. He also reported the County Engineer found no deficiency in the low bid and recommended approval. Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously to approve said low bid contractor.   
 
Also under Public Works Department, Solid Waste/Recycling Department Coordinator Jerome Wyche reported a possible savings for grading in the amount of $17,000 in the PROPOSAL and CONTRACT from APAC-Southeast, Inc. that was approved by the Board at the last meeting to pave the driving surfaces of Greenville and Cherry Lake Collection Sites. He stated the Road & Bridge Department would charge $2,000 per site for the grading. He also asked the Board to consider paving the driving surface of the Lee Collection Site in conjunction with the paving of SE Bisbee Loop and NE Lantana Street.  
 
Also under Public Works Department, Road & Bridge Department Coordinator Lonnie Thigpen reported the following proposed changes in costs associated with previously approved road projects funded by the 5th and 6th Cent Gas Tax: 1). With June 4th bid opening, Bisbee Loop and Lantana Street reduced from $308,291 to $303,107;  2). An increase in Honey Lake Road from $216,467 to $237,139 due to additional culverts;  3). An increase in NW Whelks Lane from $29,988 to $32,938 due to added Maintenance Map;  4). Reduction of Greenville Collection Site from $24,690 to $17,313;  5). Reduction of Cherry Lake Collection Site from $32,613 to $22,881. The Clerk referred to a collection of papers entitled 5th and 6th Cent Gas Tax Expenditure Analysis by District that itemized the proposed changes with the following totals by District: District 1 - $255,003; District 2 - $76,690; District 3 - (-$13,993); District 4 - $221,595; District 5 - $0. Mr. Sanders explained a transfer of available funds in the amount of $4,664 each from Districts 1, 2, and 4 would reduce the District 3 deficit to $0. Upon a motion by Commissioner Martin, seconded by Commissioner Hamrick, the Board voted unanimously to approve said proposed project changes and transfer of said funds. 
 
Mr. Wyche was asked to bring back a cost estimate from APAC-Southeast to pave the driving surface of the Lee Collection Site in conjunction with Bisbee-Lantana road improvement projects.
 
Mr. Cherry referred to a Restricted Appraisal Report of the Old Senior Citizens Building dated October 28, 2010 by Searcy Appraisal Services. Mr. Cherry reported several interested parties have contacted him about use of the building, which had a Market Value of $110,000 effective October 28, 2010. Upon a motion by Commissioner Vickers, seconded by Commissioner Martin, the Board voted unanimously to advertise said building and associated property for sale to the highest bidder with a minimum bid of $90,000. Bidder would also be responsible for survey and legal description. 
 
Mr. Cherry also gave the Board an update on the USDA (United States Department of Agriculture-Rural Development) grant application to fund interior improvements to the Public Safety Building. He stated that in a meeting with Emergency Medical Services (EMS) Director Juan Botino and the Clerk, representatives from the Lake City office reported grant funds were no longer available to fund a portion of the costs. The Clerk also reported the responses from lending institutions to his letter of request for a loan to fund said improvements were not acceptable to USDA. Mr. Cherry stated that he and Mr. Botino would continue to look for grant money for the proposed project that is estimated to cost $659,000. Mr. Sanders asked the Board to allow him to look into the feasibility of a short-term loan through local lenders to move the project along with the near completion of the “hardening” of the building. Upon a motion by Commissioner Martin, seconded by Commissioner Vickers, the Board voted unanimously to approve the Clerk’s request.
 
Mr. Cherry referred to a letter dated May 19, 2012 and attached Resolution (RESOLUTION OF THE MADISON COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF A GRANT FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF EQUIPMENT FOR PYRAMID BAKERY) to him from Nick Walters of Stone & Adams Financial Partners regarding the flow of RBEG funds for Pyramid Bakery. In it USDA would obligate RBEG funds on behalf of Pyramid Bakery to Madison County for a specific list of needed equipment; Madison County would purchase said equipment on behalf of Pyramid and then lease said equipment to Pyramid for $1 per year. Mr. Cherry expressed a concern about the County’s liability if the equipment disappears and also, the small investment of $50,000 in the business venture made by the owner of Pyramid Bakery.  The County Attorney also expressed his concern about the County’s liability with the equipment. The Board by consensus agreed for Mr. Cherry and Mr. Reeves to meet with Stone & Adams to express their concerns about the purchase of equipment by the County.
 
County Engineer Bill Steves reported that the contract for Engineering Services with his employer, Reynolds, Smith and Hills (RS&H), will expire on August 13th and asked the Board to allow a six-month extension to allow time enough for a Request For Proposals (RFP) and adequate transition period for the thirteen projects on which RS&H is now working. A motion was made by Commissioner Vickers and seconded by Commissioner Martin to allow RS&H a six-month contract extension and allow Mr. Steves to prepare a RFP for County Engineer Services. Motion carried 5-0.
 
Mr. Cherry referred to a paper for the Board’s review entitled MADISON COUNTY 5-YEAR PRIORITIZED TRANSPORTATION PLAN 2011-2016. Mr. Cherry reported that the Board’s prioritized list of needed road improvement projects is due to the Lake City office of the Florida Department of Transportation (FDOT) on July 1. Chairman Ellis suggested lighting of the Interstate 10 interchanges be ranked #1 and asked for letters of support from Greenville, Lee, and Madison. Road & Bridge Coordinator Lonnie Thigpen stated that a box culvert on County Road 158 is in need of major repair and asked that it be added to the list. The Board by consensus agreed to approve said 5-YEAR PLAN as amended.
 
Mr. Cherry referred to a letter from Fourteenth Judicial Circuit State Attorney Glenn Hess dated June 4, 2012 to County Planner Jeanne Bass regarding internet gambling with attached findings of a Jackson County Grand Jury Investigation. Chairman Ellis referred to an Ordinance drafted by the City Council of Ocala, Florida entitled “Regulation of Electronic Game Promotions” and a similar regulatory ordinance adopted by Wakulla County. County Attorney Reeves advised not to get involved with legal opinions, but for the Board to choose to prohibit or to regulate internet café style businesses, since the Florida Legislature has chosen to ignore the issue. Commissioner Vickers recommended the Board approve the original ordinance to prohibit said businesses in the County, since they are disguised gambling establishments. Commissioner Martin suggested, since said businesses have not been declared illegal, the Board look into a regulatory ordinance similar to the one adopted by the Wakulla County Commission. After further discussion, a motion was made by Commissioner Martin and seconded by Commissioner Hamrick for the County Attorney to prepare an ordinance similar to Wakulla County’s to regulate said internet café style businesses. Commissioner Ellis expressed concern that regulatory expenses would be greater than revenues from permitting. Commissioner Hamrick’s concern was that the County might get caught up in litigation if said businesses were prohibited and a regulatory ordinance may be adopted in such a way to limit their establishment. Commissioner Parrish stated small business owners should not be prevented from adding additional services. Motion carried 3-2 with Chairman Ellis and Commissioner Vickers opposed.      
 
The Clerk referred to a letter from the law firm of Bryant Miller Olive, P.A. dated May 25, 2012 regarding their representation of counties in a challenge to the constitutionality and legality of HB 5301 relating to Medicaid costs. Mr. Sanders reported Madison County’s cost as a party in the complaint is $1,000, as earlier indicated. The Board by consensus agreed to pay said amount.
 
Mr. Sanders also referred to and reviewed an information pamphlet entitled MADISON COUNTY BOCC 2nd Quarter Claim Reports October 1, 2011 – March 31, 2012 from Brown & Brown Public Risk Insurance Agency (PRIA) regarding the County’s health insurance with UNITED HEALTHCARE. In all, the Loss Ratio of 0.68 was satisfactory. The report also provided information on “Paid Claims by Benefit Type”, a detail of “Managed Pharmacy Plan Performance”, and “Claim Expenses by Payment Size”. 
 
Commissioner Parrish, who also serves on the Aucilla Area Solid Waste Administration Board, reported at their next meeting Madison County should be approved a rebate in the amount of $136,000. She also reported at said meeting further discussion will involve purchase of county-owned property in close proximity to the regional landfill.
 
Mr. Cherry referred to a letter from Tallahassee Mayor John Marks regarding an effort to get AMTRAC service back in North Florida. In response to the request for porta-potties along the Four Freedoms Trail, the Board by consensus agreed to ask Staff to obtain costs for discussion at the next Regular Meeting.
 
At 11:50 A.M. Chairman Ellis recessed the meeting until 2:00 P.M. in Pinetta for the Four Freedoms Trail Rest Area Dedication in memory of Deputy Marcus Jones.
 
 In Pinetta at 2:00 P.M. the Chairman called the meeting back to order at the Four Freedoms Trail Rest Area. All Commissioners were in attendance, along with Mr. Cherry and Mr. Sanders.
 
            After a welcome by Chairman Ellis and recognition of Marcus’ widow, Priscilla and four children, Savannah, Marques, Mar’Kavius, and Marcus, Jr., Sheriff Ben Stewart unveiled the sign with the following inscription:
 
This Rest Area is Dedicated in Loving Memory of Deputy Marcus Jones.
November 15, 1970 – April 10, 2011
The Board of County Commissioners wishes to honor Marcus for his service and dedication to the Madison County Sheriff’s Department and the Madison County School District
Rest in Peace “Big Ace”
 
Marcus’ mother, Mildred Jones, and his wife, Priscilla, thanked everyone for honoring Marcus.
 
There being no further business to come before the Board, the Chairman adjourned the meeting at 2:15 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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