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BOCC Minutes October 17, 2007

                                         BOARD OF COUNTY COMMISSIONERS

 

            MADISON COUNTY, FLORIDA

 

                                                         COURTHOUSE ANNEX

 

                                         MINUTES OF THE REGULAR MEETING

 

                                               WEDNESDAY, OCTOBER 17, 2007

 

                                                                      4:00 P.M.

           

           

The Board of County Commissioners of Madison County, Florida met this day in Regular Session with the following members present: Ricky Henderson (District 1), Wayne Vickers (District 2), Ronnie Moore (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 Chairman, Honorable Alfred Martin, called the meeting to order and Reverend Doyle Glass opened with prayer and pledge to the flag.

 

Upon a motion by Commissioner Ellis, seconded by Commissioner Henderson, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Mr. Cherry, add to Unfinished Business item #1-Discussion on moving the voting precinct to the Woman’s Club, and at the request of Commissioner Henderson, add to New Business item #14-Approval of Tourist Development Council grant request for Greenville Country Christmas.

 

The minutes of the Regular Meeting held on October 3, 2007 were presented for review.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously (5-0) to approve said minutes as presented.

 

Upon a motion by Commissioner Ellis, seconded by Commissioner Henderson, the Board voted unanimously to approve the Consent Agenda (1. Approval of Emergency Management Subgrant Agreement;  2. Proclamation from Suwannee River Economic Council declaring October 30, 2007 as National Weatherization Day;  3. Grant-In-Aid Agreement for Courthouse Facilities for Madison County;  4. Appointment of Members nominated to the North Florida Workforce Development Board;  5. Budget Amendment Request for Recreation Department (4); 6. Budget Amendment Request for Board of County Commissioners/General Fund (2);  7. Budget Amendment Request for Administration (2);  8. Budget Amendment Request for SHIP program;  9. Budget Amendment Request for State Court Facility Surcharge;  10. Budget Amendment Request for $2 Article V-IT fees;  11. Budget Amendment Request for Law Enforcement Education & Surcharge;  12. Budget Amendment Request for Special Law Enforcement Trust;  13. Budget Amendment Request for Fiscally Constrained County;  14. Budget Amendment Request for Solid Waste/Emergency Medical Services/Fire;  15. Budget Amendment Request for Fire/Recycling;  16. Budget Amendment Request for Library;  17. Budget Amendment Request for Solid Waste;  18. Budget Amendment Request for Extension Office;  19. Budget Amendment Request for Emergency Medical Services).

 

United Way of Madison County representative Myra Valentine challenged everyone in attendance and most especially the County Commissioners to participate financially in this year’s fund-raising campaign.  She recognized the 2007 Madison County United Way Co-Chairmen Allen Cherry and Roy Ellis.

 

Mrs. Marianne Green with regards to a request for a one-year extension for the SUMMERWOOD SOUTH subdivision Preliminary Plat asked the Board to disallow requests for time extensions in order for developers to be excused from land development requirements.

 

Chairman Martin directed the Board’s attention to a scheduled Public Hearing for the enactment of a Small Scale Amendment (CPA 07-5) from Ag 2 to Commercial of land owned by Ms. Elise Dawkins and located on U.S. Highway 90 in section 33, township 1 north, range 10 east.  Ms. Dawkins presented copies of papers, including a petition, presented to the County Planner regarding her request to add a restaurant and consignment shop to her property, and also reviewed the process of obtaining permits for improvements to her land.  It was noted that the publicized notice of the Public Hearing indicated a 9:00 AM, rather than 4:00 PM time.

 

The Chairman opened the meeting for comments from the public.  Those in favor of the land use change to allow said improvements included Mr. Doug McNichol, Mr. James Tanguay, Ms. Nancy Grantham, Ms. Jeanne Webb, Rev. Doyle Glass, Ms. Penny Green, Ms. Patricia Wood, Mr. Mickey Starling, Ms. Gloria Egle-Gurleth, and Ms. Cynthia Bonell.  There being no further comments, the Public Hearing was closed by the Chairman.  Commissioner Ellis questioned the appropriateness of the proposed Comprehensive Plan Amendment, rather than a Neighborhood Commercial use allowable in Ag-2.  A motion was made by Commissioner Moore and seconded by Commissioner Ellis for the Board to instruct staff that the proposed restaurant and shop be considered as Neighborhood Commercial, disregard the land use change, and apply the $1500 Small Scale Amendment application fee to future fees imposed by the county.  Motion carried 5-0.

 

Mr. Elmer Spear made a report with the use of a power point presentation on the illegal dumping of trash, old furniture, and construction debris south of Greenville on a cemetery owned by Pall Bearers Lodge #3.  He stated of fifteen (15) known graves, twelve (12) were buried under trash.  Commissioner Moore reported visiting the site and stated he would donate gate materials to prohibit future vehicular access.  The Clerk shared information from Madison Correctional Institution (MCI) regarding the use of prison labor to clean the site and suggested a letter from the Board to the Warden for assistance.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers for the Board to request MCI assistance to clean the cemetery.   Motion carried 5-0.

 

Madison County Health Department Director Kim Barnhill presented information for the Board’s consideration on a Prescription Discount Card program offered by National Association of Counties (NAC) and member counties.  She reported a potential average savings of 20% for citizens of Madison County, but the county must be a member of NAC.  Commissioner Ellis reported Madison County was once a member and asked that said membership be agendaed for the next Regular Meeting.

 

Ms. Marie McCallister presented copies of a letter dated October 15, 2007 from her to the Board regarding children driving ATV’s and dirt bikes on county maintained roads and asked the Board to consider opting out of legislation allowing said use of county roads.

 

Mr. William “Billy” Washington, President of Briggs, Washington & Thompson Land Surveying, Inc. on behalf of the developer asked the Board for a one-year extension for approval of the Preliminary Plat of SUMMERWOOD SOUTH subdivision.  Mr. Washington stated that, with the extension, the developer plans to construct an asphalt paved road, rather than a limerock road provided in the initial subdivision plan.  Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously to approve said extension request.

 

Discussion followed regarding the current MADISON COUNTY BOARD OF COUNTY COMMISSIONERS PERSONNEL POLICIES AND PROCEDURES manual section 5.17, which does not allow reimbursement for Class C meals.  Emergency Management Director Jim Stanley reported Mrs. Victoria Brown was denied a reimbursement request by the Clerk’s Office for four “Lunch” meals while out of town for classes and asked the Board to change the policy.  Mr. Sanders reported the denial was based upon the policy of the Board of County Commissioners, which has just been amended and approved by the Board.  He also reported it was his understanding that the State of Florida does not reimburse employees for Class C meals.  Upon a motion by Commissioner Henderson, seconded by Commissioner Vickers, the Board voted unanimously for the County Coordinator to amend language in the PERSONNEL AND POLICIES manual to provide for Class C meals per Florida Statutes for documented, ie. agendaed, employee job-related purposes approved by the Department Head. 

 

County Planner Jeanne Bass reported developers of LOPER POND PLANTATION subdivision, phases two and three, have asked the Board to approve an off-site parcel of land improved for solid waste/recycling collection services for the required development public purpose site.  Mr. Fain Poppell of Poppell, Putnal & Associates reported the subject parcel of land, two acres in size, is situated at the corner of Pickle Lane and Alpaca Street.  Both County Coordinator Allen Cherry and Solid Waste/Recycling Director Jerome Wyche reported they were satisfied with the site location and the turn-key collection site preparation by the developers.  Upon a motion by Commissioner Henderson, seconded by Commissioner Moore, the Board voted unanimously to approve said request.

 

Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously to approve a request by Mrs. Amelia Mulkey for approval of a Temporary Use Permit to allow a second dwelling in order to care for her mother on a parcel of land in section 35, township 2 north, range 9 east.

 

The Chairman directed the Board’s attention to a Public Hearing for enactment of a Small Scale Amendment (CPA 07-6) for Residential-1 to Commercial on property located on U. S. Highway 90 in EAST MADISON SUBDIVISION.  Mr. Jeremiah Bell, owner of the property, reported the parcel of land has always been used for commercial purposes and was his understanding that it was zoned Commercial.  Chairman Martin opened the meeting for public comments.  Hearing none, the Public Hearing was closed.  A motion was then made by Commissioner Henderson and seconded by Commissioner Moore to approve said request and AN ORDINANCE OF MADISON COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE MADISON COUNTY COMPREHENSIVE PLAN, AS AMENDED; RELATING TO AN AMENDMENT OF TEN OR LESS ACRES OF LAND, PURSUANT TO AN APPLICATION, CPA-07-6, BY THE PROPERTY OWNERS OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR CHANGING THE LAND USE CLASSIFICATION FROM RESIDENTIAL-1 (LESS THAN OR EQUAL TO 2 DWELLING UNITS PER ACRE) TO COMMERCIAL OF CERTAIN LANDS WITHIN THE UNINCORPORATED AREA OF MADISON COUNTY, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.  Motion carried 5-0.

 

The Chairman next directed the Board’s attention to a Public Hearing for the enactment of AN ORDINANCE OF MADISON COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE OF MADISON COUNTY, AS AMENDED; PURSUANT TO AN APPLICATION, LDR-07-8, BY THE PLANNING AND ZONING BOARD; PROVIDING FOR REPLACING SECTION 4.6.6, ENTITLED LANDSCAPE BUFFERS IN ITS ENTIRETY WITH A NEW SECTION 4.6.6, ENTITLED BUFFER AND LANDSCAPE STANDARDS; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.  Mrs. Bass reported the Planning and Zoning Board worked diligently to prepare the landscape buffer requirements in the Land Development Code.  The Chairman opened the Public Hearing for comments.  Mrs. Marianne Green spoke in favor of the proposed ordinance.  Hearing no further comments, the hearing was closed.  It was again noted that the Public Hearing was noticed for 9:00 AM, rather than 4:00 PM.  The County Attorney advised the Board on proper notification to the public and based upon his opinion, the Board by consensus approved re-advertising said landscape buffer ordinance, and also the previous ordinance, at Board expense, for the Small Scale Amendment for the Bell property, which was also advertised for 9:00 AM.

 

Discussion followed on the future of the LEASE AGREEMENT between the County and Mr. and Mrs. Robert Searcy for a parcel of land used for airport purposes.  The Clerk reported the current three-year lease at $2500 per year expires December 31, 2007.  A motion was made by Commissioner Moore and seconded by Commissioner Ellis to renew said LEASE AGREEMENT under the same terms and conditions.  Motion carried 4-1 with Chairman Martin opposed.

 

Commissioner Henderson reported the Tourist Development Council approved a grant request in the amount of $1000 for Greenville Country Christmas and asked the Board for approval.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously to approve said grant request.

 

Discussion followed on a cost recovery program through insurers for rendered Emergency Medical Services (EMS) that was brought to the Board’s attention by a company last year.  The County Attorney advised as he did then that there is no statutory authorization for the county to seek payment from insurance companies and if challenged, the Board would have to show it as a justifiable fee.  Commissioner Moore asked if an Attorney General opinion would be an option to resolve the issue.  The Board by consensus asked Mr. Reeves to seek an opinion from the Attorney General for EMS to bill insurers for their services.

 

Going back to the discussion on the Lease Agreement for the airport, Mrs. Marianne Green suggested the Board look into charging people a fee for using the airport.

 

Mr. Cherry noted that the second meeting in November falls on the day before Thanksgiving at 4:00 PM.  A motion was made by Commissioner Moore and seconded by Commissioner Henderson for the Board to cancel said meeting date and call a Special Meeting in the month of November if necessary.  Motion carried 5-0.

 

Reference was made to a list of county owned vehicles proposed to be determined surplus properties by the Board.  Mr. Cherry reported the Surplus Property Sale is scheduled for the first Saturday in December by live auction.  He added that local auctioneer Ron Smoak has agreed to conduct the auction.  A motion was made by Commissioner Ellis and seconded by Commissioner Moore to declare said county owned vehicles surplus property.  Motion carried 5-0.  And upon a motion by Commissioner Ellis, seconded by Commissioner Moore, the Board voted unanimously to approve the sale process by auction on December 1, 2007.  The Board also by consensus approved allowing other governing bodies or agencies an opportunity to view and purchase items before the sale, with final approval by the Board on the November 7th Regular Meeting.

 

The County Coordinator reported representatives of the Madison Woman’s Club were concerned about liability with use of the building as a county voting precinct.  Mr. Cherry was advised by the county’s insurer that the Woman’s Club building and grounds would fall under the county’s insurance if the voting precinct was moved from the present location across Lake Francis.  The Board by consensus approved the Chairman’s signature upon a letter to the Woman’s Club advising them of adequate insurance and to consider the use of the Woman’s Club building by the county for a voting precinct.

 

Upon a motion by Commissioner Moore, seconded by Commissioner Henderson, the Board voted unanimously to approve a RESOLUTION AUTHORIZING THE CHAIRMAN OF THE MADISON COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FINANCIAL PROJECT #212536-1-43-01, ALSO KNOWN AS FEDERAL PROJECT #2511 008 U, for Bridge Replacement of Bridge #350007 over the Little Aucilla River on County Road 150.

 

The County Attorney asked the Board if it wished to amend the agenda and consider an amendment to the Industrial Revenue Bonds issued by the county for the owners of the DISC Village juvenile detention center located south of Greenville.  The Chairman asked that the matter be agendaed for the next Regular Meeting.

 

Supervisor of Elections Jada Woods Williams reported a reimbursement to the county from her office for the 2006-2007 fiscal year in the amount of $23,911.82.  She reported a need for a new phone system and copier for the Supervisor’s Office not budgeted for the 2007-2008 fiscal year and asked the Board to consider amending her budget for said needed improvements using those funds.  Chairman Martin suggested that Mrs. Williams bring quotes back to the Board for an amendment to her budget.

 

Sheriff Pete Bucher presented the Board with an invoice from Summer Systems, Inc. of Madison in the amount of $9550.00 for a server in the Jail damaged by lightning.  He reported the damages to the county’s insurer and because the expense was not budgeted, asked the Board for reimbursement prior to an insurance pay-off.  He also noted the same lightning strike destroyed the Jail’s communications system and presented a quote in the amount of $17,769.95 from EMBARQ for a new telephone system.  Upon a motion by Commissioner Moore, seconded by Commissioner Henderson, the Board voted unanimously to approve amending the agenda to consider the Sheriff’s request.  A motion was then made by Commissioner Moore and seconded by Commissioner Henderson to approve a budget amendment in the amount of $9,550.00 for a new Jail server.  Motion carried 5-0.

 

Public Works Director Jerry McClune asked the Board for permission to hire two employees in the Road Department to fill vacant positions.  Upon a motion by Commissioner Moore, seconded by Commissioner Ellis, the Board voted unanimously to amend the agenda and to grant Mr. McClune’s request.  Mr. McClune also updated the Board on the following paving projects: Madison’s Georgetown Road, Dale Leslie Drive (I-10 frontage road), County Road 255, and County Road 360.

 

Solid Waste/Recycling Director Jerome Wyche presented information to the Board that all nine collection centers in the county are operating efficiently.  He also reported two additional centers, one in Sirmans and the other near New Home, are progressing toward becoming operational.  Mr. Wyche presented a CONTRACT FOR SALE for the New Home site, also referred to as the “Tuten Collection Site” and asked the County Attorney’s review before presenting to the owner.

 

The Board also by consensus approved the Solid Waste/Recycling Department to provide a roll-off container for the clean-up of the previously discussed cemetery south of Greenville, and also for the County General Fund to reimburse all tipping fees associated with said clean-up.  Mr. Wyche was asked to keep track of his department’s time and expenses associated with the cemetery in order for the Clerk’s Office to distribute costs.

 

Mr. Cherry recognized the good work of Mr. Kenny Hall and his inmate labor team for the fine lecturn now in the Board Meeting Room.  The Clerk asked the Board to please send a letter of thanks to Hamilton Correctional Institution.

 

Discussion followed on potential revenue sources, such as additional Special Assessments, available to Madison County if further ad valorem tax cuts are made by the Legislature while in Special Session.

 

  Commissioner Ellis reminded everyone of the County Employee Appreciation Luncheon scheduled for Friday, November 2nd.

 

The County Attorney asked the Board to clarify their intent as to the ordinance granting an economic development ad valorem exemption to Fastpack Packaging, Inc.  By consensus the Board stated its intent was to exempt only improvements to real property.

 

Commissioner Henderson asked the County Attorney to update the Board on the status of the clean-up of the Perpetual Energy Site on Rocky Ford Road at the next Regular Meeting.

 

The Clerk presented the Board with actual proposed expenses totaling $400,000 for the Grant-in-Aid Agreement for Courthouse Facilities for Madison County, Florida as prepared by Mr. Bill Rutherford of Clemons, Rutherford & Associates.  Mr. Sanders also asked the Board to carry-forward 2006-2007 fiscal year Clerk of Court excess revenues in the amount of $78,798.34 to combine with the $400,000 grant from the State of Florida for needed improvements to the Courthouse.  Upon a motion by Commissioner Moore, seconded by Commissioner Ellis, the Board voted unanimously to amend the agenda to consider said request.  A motion was then made by Commissioner Moore and seconded by Commissioner Ellis to approve said Grant-in-Aid Agreement expenses associated with the Courthouse roof and clock tower, and also said Budget Amendment in the amount of $78,798.34 for other Courthouse improvements.  Motion carried 5-0.    

 

There being no further business, the Chairman adjourned the meeting at 7:15 P.M.

 

                                                                       

 

 

 

Board of County Commissioners

                                                                        Madison County, Florida

 

By:_________________________

                                                                              Alfred Martin, Chairman

                                                                            

                                                                                                                                                                                   

ATTEST:

 

_____________________________

Tim Sanders, Clerk to the Board of

County Commissioners

 


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