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BOCC Minutes September 5, 2012

 

                                        BOARD OF COUNTY COMMISSIONERS
 
                                                 MADISON COUNTY, FLORIDA
 
                                                        COURTHOUSE ANNEX
 
                                       MINUTES OF THE REGULAR MEETING
 
                                             WEDNESDAY, SEPTEMBER 5, 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), and Roy Ellis (District 5). Also present were County Coordinator Allen Cherry, County Attorney George T. Reeves, and County Clerk Tim Sanders.
 
The Chairman, Honorable Roy Ellis, called the meeting to order and called the roll.
 
Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously (4-0) to approve the agenda as amended: at the request of Mr. Cherry, add to New Business item No. 4 as shown in the amended agenda: 9:00 A.M. Public Hearing to consider Ordinance regulating Internet Café style businesses in the unincorporated areas of Madison County (Mr. Cherry reported the Public Hearing was duly advertised for today’s meeting); and at the request of Commissioner Hamrick add to Public Works Department item No. 5. Discussion of pavement extension of Flowers Road. 
 
Under Petitions from the Public, Mrs. Marianne Green read from a prepared statement regarding a proposed increase in millage for fiscal year 2012-2013. In it she proposed raising taxes on those who own property should be the last resort until our state and national economies improve.
 
The minutes of the Regular Meeting held on August 15, 2012 and the Special Meeting held on August 15, 2012 were presented for review. A motion was made by Commissioner Parrish and seconded by Commissioner Vickers that all the minutes be approved as presented. The motion carried 4-0.
 
Chairman Ellis directed the Board’s attention to a scheduled Public Hearing to consider vacating, abandoning, discontinuing and closing an UNOPENED ALLEY, FORMERLY KNOWN AS BROWN AVENUE: the east 140 feet of unopened alley, formerly known as Brown Avenue, lying between Blocks 1 and 2, East Madison Subdivision, as shown on the Plat in “DB” 25, Page 8, Public Records of Madison County, Florida. Board of County Commissioners Administrative Office Manager Sherilyn Pickels reported the subject roadway in said platted subdivision has never been opened or maintained by the County and that the only two property owners affected by the proposed closing were contacted and did not object. The Chairman opened the hearing for comments from the public. Hearing none, Chairman Ellis returned the matter back to the Board. A motion was made by Commissioner Vickers and seconded by Commissioner Hamrick to approve A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA VACATING AND ABANDONING CERTAIN ROADS LOCATED WITHIN THE UNINCORPORATED AREA OF MADISON COUNTY, FLORIDA; PROVIDING FOR ADVERTISEMENT THEREOF; PROVIDING FOR RECORDATION, AND PROVIDING AN EFFECTIVE DATE. Motion carried 4-0.
 
Chairman Ellis next turned the Board’s attention to a Public Hearing to consider AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, REGULATING 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 MACHINE-LIKE 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 FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The County Attorney advised the Board previously instructed him to prepare an ordinance that would prohibit such businesses with simulated gambling devices in the unincorporated areas of Madison County. At the Public Hearing to consider said ordinance, the Board instructed him to draft another ordinance duly advertised for consideration at this meeting, which would not prohibit, but regulate such businesses. The Chairman opened the hearing for comments from the public. Mrs. Marianne Green asked if there was a provision in the proposed ordinance dealing with children under 18 years old. Mr. Reeves sited a section in the ordinance that would prohibit minors from participation. Sheriff Ben Stewart, whose responsibility it would be to regulate such establishments, stated for the record he was personally against Internet Café style businesses. There being no further comments, Chairman Ellis returned the matter back to the Board for consideration. The County Attorney pointed out that the number of permits for such businesses in the proposed ordinance was limited to ten in the unincorporated areas of the County. After discussion a motion was made by Commissioner Hamrick and seconded by Commissioner Parrish to re-agenda a Public Hearing for the next Regular Meeting to again consider both proposed ordinances, one to prohibit and one to regulate Internet Café Style businesses in the unincorporated areas of the County. Motion carried 4-0.
 
            Mr. Donnell Davis, a candidate for School Board in the August 14th primary election, came before the Board to address questions and concerns about the Canvassing Board and the three recaps that were done for his election. Chairman Ellis suggested that Mr. Davis address his concerns with the Canvassing Board and not the Board of County Commissioners. Mr. Davis expressed concern about the legitimacy of the election, since nine votes were found in the electorial process. The County Attorney reported the nine votes initially not counted was due to human error, but once found, the Canvassing Board met and addressed the problem.
 
Upon a motion by Commissioner Hamrick, seconded by Commissioner Ellis, the Board voted unanimously to approve the Consent Agenda (1. Approval of FEMA Public Assistance Funding Agreement and waiver of 12.5% match requirement; 2. Approval of Emergency Management Hazard Analysis State-Funded Subgrant Agreement; 3. Approval of Fiscal Year 2013 State Aid to Libraries Grant Agreement; 4. Approval of Madison County SHIP Annual Report and Certification Form; 5. Approval of Madison County Certificate for Implementation of Regulatory Reform Activities (SHIP); 6. Approval of University of Florida Preliminary Population Estimate proposed for State Revenue Sharing; 7. Approval of Sheriff’s Department employee payoff in the amounts of $7,939.31; 8. Approval of Sheriff’s Department expenditure of State Confiscated Currency for $547.38 for Leveling Kit for new patrol vehicle).
 
Mr. Opie Peavy and Mrs. Dani Mays asked the Board for approval to use the Agricultural Center for the 2nd Annual North Florida Cattle Battle. Mr. Peavy reported this year’s show is scheduled for two days, October 19th and 20th, which hopefully will allow more travel time, encourage greater attendance, and provide greater opportunities for visitor lodging and meals in the County. He also reported the Tourist Development Council agreed to provide funding for general liability insurance and judges for the show.
 
Madison County Chamber of Commerce and Tourism Executive Director Cindy Vees reported the North Florida Cattle Battle grant application was presented to the Tourist Development Council at a Special Meeting on August 30th. She read the minutes of the meeting for the record. Due to lack of a quorem, a vote was not taken. But, the consensus of all members present was to support giving the North Florida Cattle Battle the full amount, $2,663.00, to cover advertising on TV, radio, newspapers and the web outside Madison County; a judge for the events; and event insurance and operating costs. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously to approve the use of the Ag Center and the TDC grant in the amount of $2,663.00 for the North Florida Cattle Battle.
 
Madison County Economic Development Consultant Crawford Powell gave the Board an update on his activities, which included working with the Madison County Economic Development Council (MCDC), an upcoming meeting with a private food manufacturing company along with Mr. Cherry, and also creating a Regional Economic Development Day with surrounding counties to showcase Madison County and surrounding areas. Mr. Crawford also reported a company in South Florida that is looking at North Florida for expansion was approached, along with meeting with representatives of Birdsong Peanuts to explore the possibility of manufacturing in the County. He stated in all, he has talked with 30 to 40 companies and 50 consultants about expansion/relocation opportunities in Madison County and surrounding areas.
 
Mr. Matt Pearson of the Suwannee River Economic Development Council, Inc. presented to the Board for approval A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA IMPLEMENTING A POINTS PRIORITY LIST FOR SHIP EMERGENCY REPAIRS TO DETERMINE REPAIR ORDER. Mr. Pearson reported the Madison County Affordable Housing Committee approved the idea to prioritize the spending of the remaining approximately $150,000 SHIP Emergency Repair dollars for those with the highest needs. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously to approve said resolution.  
 
Under Public Works, Mr. Cherry referred to his MEMO to the Commissioners dated August 31, 2012 regarding garbage collection at Madison Correctional Institution (MCI). In it Mr. Cherry reported MCI is in need of the County’s assistance and proposed to service MCI for tipping fees only. He stated MCI saves the County hundreds of thousands of dollars each year and suggested to start the process for a quarter and reassess the service for the rest of the year. A motion was made by Commissioner Vickers and seconded by Commissioner Parrish to approve County garbage collection services at MCI for tipping fee charges only, with review after a period of three months. Motion carried 4-0.
 
Mr. Cherry referred to a paper entitled Summary Sheet For Special Assessment Overcharges, which listed solid waste commercial accounts that were incorrectly charged both solid waste pickup fees and solid waste special assessments.  He noted the new Special Assessment logic is corrected for the current fiscal year and funds are available in the 2012-2013 fiscal year budget to refund the total $136,323.00 overcharges to five Madison County businesses. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously to approve said refund.
 
Mr. Cherry, acting in Solid Waste/Recycling Department Coordinator Jerome Wyche’s absence due to illness, asked the Board to approve hiring a replacement employee for a Collection Site attendant. Upon a motion by Commissioner Hamrick, seconded by Commissioner Vickers, the Board voted unanimously to approve said request.
 
Commissioner Hamrick stated he would like to continue paving Flowers Road from the end of pavement on the west end and asked Road & Bridge Department Coordinator Lonnie Thigpen to seek estimates for another mile of pavement.
 
Mr. Thigpen also reported NE Old Blue Springs Road and SE Bryan Earnhardt Road are in need of repairs. The Scruggs Company, which has several Board approved paving projects in the County, quoted $4,000 for a 55 foot by 20 foot patch on Old Blue Springs Road and $3,000 for a 12 foot by 12 foot patch and a 12 foot by 20 foot patch on SE Bryan Earnhardt Road. Mr. Thigpen reported APAC Southeast, Inc. provided a quote in the amount of $6,878.19 to repair SE Bryan Earnhardt Road. Upon a motion by Commissioner Hamrick, seconded by Commissioner Vickers, the Board voted unanimously to approve said repairs by The Scruggs Company in the amount of $7,000 from available “Construction in Progress” funds. Mr. Thigpen noted FEMA may provide assistance for the Bryan Earnhardt Road repairs.
 
Mr. Thigpen also reported procedures from engineering studies to correct a depression in the pavement on County Road 14 may cost anywhere from $40,000 to $80,000. He stated the depression has not worsened and suggested getting quotes from APAC Southeast, Inc. and The Scruggs Company to make necessary repairs to the pavement. The Board by consensus agreed with Mr. Thigpen’s recommendation.
 
Regarding repairs to the West Bridge (Myrrh Street/County Road 141) over the Withlacoochee River between Madison and Hamilton Counties after Hurricane Debby, Mr. Thigpen reported FEMA assistance may be in question according to SERT (State Emergency Response Team).
 
Supervisor of Elections Tommy Hardee reported the Cherry Lake Volunteer Fire Department would like to place a fire truck in the vicinity of the Cherry Lake crossroads and he suggested allowing them the use of the voting precinct building and property located just south of the intersection of State Road 53 and County Road 150. The Board by consensus agreed for the volunteers to present a Site Plan to the Board that identifies the possible use of the property.
 
Mr. Hardee also reported the early voting sites did real well in the recent elections and he intends to open an additional site in Pinetta to go along with locations in Madison, Greenville, and Lee.    
 
County Attorney Reeves advised the Board of County Commissioners that it is required to declare the results of the August 28, 2012, Local Option Special Election held in Madison County, Florida. A motion was made by Commissioner Vickers and seconded by Commissioner Parrish for the Board to declare that the results of the above special election were as follows:
 
QUESTION NO. 1:                                                    NUMBER OF VOTES
For Selling Intoxicating Liquors, Wines
Or Beer containing more than 6.243 percent
Of alcohol by volume:                                                            3,064
 
Against Selling Intoxicating Liquors, Wines
Or Beer containing more than 6.243 percent
Of alcohol by volume:                                                            1,909
 
QUESTION NO. 2:                                                    NUMBER OF VOTES
For Sales by the Package and Drink:                                      3,061
 
For Sales by the Package Only:                                              1,407
 
and that, as a result of the above special election and subject to all restrictions imposed by law, the sale of Intoxicating Liquors, Wine or Beer containing more than 6.243 percent of alcohol by volume shall hereafter be allowed in Madison County, Florida and that such sales may be by the package and by the drink. The motion further provided that the Clerk is directed to record with these minutes, as a part thereof, a copy of the record of the result of the canvass of the returns of the above special election as made by the Madison County Canvassing Board. Motion carried 4-0.
 
The Clerk asked the Board to consider Resolution No. 2012-09-05 (A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA AUTHORIZING THE USE OF NO MORE THAN $121,536.00 OF GAS TAX PROCEEDS FOR FUNDING THE CLOSURE AND CLEAN UP OF THE CLOSED MADISON COUNTY LANDFILL; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Sanders explained a similar resolution was passed by the Board last year in the amount of $187,736.00 for clean-up of the contaminated “yard trash” area of the old landfill involving the County, the City of Madison, and ITT. Upon a motion by Commissioner Vickers, seconded by Commissioner Hamrick, the Board voted unanimously to approve said resolution.
 
The Clerk asked that the discussion of the proposed maintenance of the Courthouse water tank be re-agendaed for a later meeting.
 
The County Attorney referred to an INTERLOCAL AGREMENT between Madison County and the Town of Greenville regarding a request by the Town of Greenville for additional mosquito control in the form of additional spraying by Greenville employees using County equipment and under the direction of the County’s Mosquito Control Director. Mr. Reeves reported the Board’s previously approved Interlocal Ageement did not provide for the responsibility of damages to the County’s motor vehicles or equipment while being used or operated by Greenville’s employees and noted such a provision is found in Section 5 of the proposed agreement.  He also advised the original Interlocal Agreement approved by the Board has not been presented to the Town of Greenville. Thus, this Interlocal Agreement is not an amended agreement. A motion was made by Commissioner Hamrick and seconded by Commissioner Parrish to approve said Interlocal Agreement. Motion carried 4-0.
 
The Clerk reported one bid was received in the amount of $30,000 from Mr. Paul Cucinella to purchase the parcel that contains the building commonly referred to as the “Old Senior Citizens Building” described as follows: The southern approximately one (1/2) half of that certain parcel of real property and all improvements located thereon owned by the County at 487 SW Pinckney Street, Madison, Florida 32340, containing approximately 0.33 acres and assigned parcel number 00-00-00-3807-000-000 by the Madison County Property Appraiser. Mr. Sanders also noted that an attachment to the bid entitled Estimated cost to repair old Senior Citizen Building indicated a Total of $75,500. Upon a motion by Commissioner Hamrick, seconded by Commissioner Parrish, the Board voted unanimously to reject the bid. In response to Commissioner Vickers, Mr. Reeves advised the Board may seek an alternative method to enter into a contract with an interested buyer in an open process.
 
Upon a motion by Commissioner Parrish, seconded by Commissioner Hamrick, the Board voted unanimously to change the normal rotation of County Commission Chair from the District 4 Commissioner on October 1st to the District 2 Commissioner.
 
 The County Attorney advised with the change, Commissioner Vickers, as Chair, would be a member of the Canvassing Board in November and Commissioner Hamrick would also be a member of the Canvassing Board, since the Supervisor of Elections has opposition.  Commissioner Parrish suggested the District 3 Commissioner be on the Canvassing Board, instead of Commissioner Hamrick. Mr. Reeves explained the Resolution regarding Canvassing Board membership provided for Commissioner Hamrick to be a member and any change would require vote of the Board. A motion was then made by Commissioner Hamrick and seconded by Commissioner Vickers to amend the agenda and to allow Commissioner Vickers and Commissioner Parrish to serve on the canvassing Board in November and return to said Resolution requirements thereafter. Motion carried 4-0.
 
The Clerk referred to the sample letter sent from his office to all six lending institutions in the County dated July 24, 2012 regarding a “Notice of Interest in Line of Credit for Renovations to Public Safety Building” in the amount of $754,000 to be repaid for up to a three-year period. He also referenced three written responses received by the August 17th deadline from Madison County Community Bank (MCCB), Capital City Bank (CCB), and Citizens State Bank (CSB), and a comparative analysis bid sheet prepared by staff for him at the Florida Court Clerks and Comptrollers. Mr. Sanders reported MCCB submitted two options-one, an adjustable rate of interest equal to the Wall Street Journal’s published Prime Lending Rate less 1.00%, which is 2.25% if the loan were closed as of August 1, 2012; and the other option, a loan fixed rate of 2.85%; along with $750 attorney fees and $2,639 recording fee. CCB submitted a loan fixed rate of interest in the amount of 2.93% with documentation fees in the amount of $500. CSB submitted a loan fixed rate of interest in the amount of 3.49% with closing costs in the amount of $1,500 for attorney fees, $25 for UCC filings, and $2,639 recording fee. The Clerk recommended consideration of the fixed loan interest rates, rather than the adjustable rate and associated risk for the term of the loan. And, based upon the analysis of the fixed rates and fees submitted by said banks, Mr. Sanders noted the lowest total cost submitted over the three-year loan period was by Capital City Bank in the amount of $799,139.26 versus $800,964.51 for MCCB and $811,688.86 for CSB. Mr. Edward Meggs, President of Madison County Community Bank, questioned whether the recording fees could be waived by the County. The Clerk responded that waiving said fees by his office was not possible. Chairman Ellis noted that the recording fees were the difference in the low bids and that consideration should be given for all the good things the Madison County Community Bank does in the County. Upon a motion by Commissioner Parrish, seconded by Commissioner Vickers, the Board voted unanimously to accept the low bid submitted by Capital City Bank.
 
Sheriff Ben Stewart thanked the Board for moving forward with the Public Safety Building renovations and reviewed a list of state mandates that have been dumped upon his office.
 
Mr. Reeves, as a follow up to the Wet-Dry election, suggested the Board may wish to direct the Planning & Zoning Board to address the zoning of liquor stores and bars. The Board by consensus agreed to pass on this recommendation to the P & Z Board.
 
Commissioner Parrish reported the Aucilla Area Solid Waste Administration will present a refund check to the Board at the first Regular Meeting in October. She also asked that the membership of the Canvassing Board be re-agendaed for the next Regular Meeting.
 
Mr. Cherry reported the annual appreciation supper for the County Volunteer Firefighters is scheduled for September 20th at 6:00 P.M. If shared seven ways, the $400 cost should be about $60 each. Mr. Cherry also asked the Commissioners if they would like to contribute $9 or $10 toward flowers sent from the Board to the family of Mr. Larry Cressley.
 
Mr. Cherry also reported the Chairman would not be able to attend the October 17th Regular Meeting. The Board by consensus asked that consideration of having a meeting on that date be agendaed for the next Regular Meeting.
 
Chairman Ellis reminded the Board that the Madison County Chamber of Commerce and Tourism Annual Banquet is scheduled for October 29th.
 
The Board also by consensus agreed to agenda for the next Regular Meeting the presentation made by Aucilla Area Regional Solid Waste Administration Engineer Frank Darabi at a Workshop the previous night at the Regional Landfill regarding the sale of County-owned property to the Solid Waste Administration and potential additional Regional Landfill customers.
 
There being no further business, the meeting was adjourned at 11:15 A.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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