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BOCC Minutes December 5, 2007

                                         BOARD OF COUNTY COMMISSIONERS

 

            MADISON COUNTY, FLORIDA

 

                                                         COURTHOUSE ANNEX

 

                                         MINUTES OF THE REGULAR MEETING

 

                                               WEDNESDAY, DECEMBER 5, 2007

 

                                                                      9:00 A.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 opened with prayer and pledge to the flag.

 

Upon a motion by Commissioner Ellis, seconded by Commissioner Moore, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Commissioner Moore to move Consent Agenda item #1. Contract for National Association of Counties Prescription Drug Discount Card Program to Unfinished Business item #2.

 

The minutes of the Regular Meeting held on November 7, 2007, the minutes of the Special Meeting held on November 20, 2007, and the minutes of the Value Adjustment Board held on October 16, 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 Vickers, the Board voted unanimously to approve the Consent Agenda: (2. Approval of the Special Warranty Deed between the City of Madison and County of Madison for five (5) acres for the Emergency Operations Center; 3. Approval of the 2008 Regular Meeting Schedule for the Board of County Commissioners; 4. Approval of the 2008 Holiday Schedule; 5. Status Report for the Madison County SHIP program through October 2007; 6. Appointment of Ms. Trish Hinton to the Historical Design Review Board; 7. Budget Amendment Request for the Building Department; 8. Budget Amendment Request for Special Assessment/Fire Department; 9. Budget Amendment Request for Soil Conservation; 10. Budget Amendment request for Courthouse Facilities; 11. Budget Amendment Request for Transportation/Capital Projects Fund).

 

The Chairman directed the Board’s attention to a Public Hearing for enactment of a Small Scale Amendment (CPA 07-9) for Residential-1 to Commercial on property located on U. S. Highway 90 in section 23, township 1 north, range 9 east and being part of EAST MADISON SUBDIVISION.  County Planner Jeanne Bass explained the owner of the property reported the parcel of land has always been used for commercial purposes and it was her 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 Ellis and seconded by Commissioner Henderson 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-07-9, 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 also directed the Board’s attention to a Public Hearing for enactment of a Small Scale Amendment (CPA 07-10), by Woodlands III, to amend the Future Land Use Plan Map by changing the land use classification from Agriculture-2 to Highway-Interchange for 19.99 acres in section 20, township 1 south, range 10 east near the Interstate 10 and State Road 53 interchange.  Chairman Martin opened the meeting for public comments.  Property owner Dennis Lee presented a map showing present and proposed land uses in the subject area and asked the Board for their favorable consideration to the proposed change.  Hearing no further comments, the Public Hearing was closed.  A motion was then made by Commissioner Moore and seconded by Commissioner Vickers 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 MORE THAN TEN ACRES OF LAND, PURSUANT TO AN APPLICATION, CPA-07-10, 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 AGRICULTURE-2 TO HIGHWAY-INTERCHANGE OF CERTAIN LANDS WITHIN THE UNINCORPORATED AREA OF MADISON COUNTY, FLORIDA; FINDING THAT SAID AMENDMENT FURTHERS THE ECONOMIC DEVELOPMENT OBJECTIVES OF THE EXECUTIVE ORDER OF THE GOVERNOR DESIGNATING MADISON COUNTY AS A RURAL AREA OF CRITICAL ECONOMIC CONCERN, PURSUANT TO SECTION 163.187(1)(c)4., FLORIDA STATUTES, AS AMENDED; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.  Motion carried 5-0.

 

County Planner Jeanne Bass reported Mrs. Catherine Wren would like to put an additional dwelling on her property to provide additional assistance in the care of her husband.  She added the subject property’s density is one dwelling per ten acres.  Upon a motion by Commissioner Henderson, seconded by Commissioner Vickers, the Board voted unanimously to approve a Temporary Use Permit (case # 07-2) to allow a second dwelling to care for her husband on ten acres of land in section 31, township 2 north, range 10 east.

 

Commissioner Moore recognized Ms. Trish Hinton in the audience as the new member of the Madison County Design Review Board.

 

Forest Area Supervisor Elijah Terrell presented and reviewed the Florida Department of Agriculture and Consumer Services, Division of Forestry, ANNUAL REPORT ON THE FOREST PROTECTION AND COOPERATIVE FORESTRY ASSISTANCE PROGRAMS AND TWIN RIVERS STATE FOREST for Fiscal Year 2006-2007 dated December 5, 2007.  Mr. Terrell also introduced Senior Forester James Fleming, who reviewed the Division’s COOPERATIVE FORESTRY ASSISTANCE PROGRAM offered to landowners and governments in the field of forestry management.

 

Blue Springs Primitive Baptist Church member Nathan Williams presented a letter to the Board from Pastor James R. Smith, Jr., who is also an attorney in Valdosta, regarding the placement of logs by a neighbor, which restricts access to the church.  The Board instructed the County Coordinator to proceed with a Maintenance Map of the old right-of-way through the church property as discussed at the last Regular Meeting.

 

Mr. Tom Morse and Mr. Sonny Rollins of Hanson United Methodist Church presented a survey of the church property, which shows a county-maintained road running diagonally across the church property (Lot 1, Block 17 of the Town of Hanson).  They asked the Board to consider moving the county-graded road to the platted Phillips Street right-of-way eastward to the east line of said Lot 1 and then south along said east line to the existing grade.  Mr. Rollins volunteered to provide fill dirt for the new grade, which will be located entirely on church property.  Public Works Director Jerry McClune reported that he foresaw no problems with the request.  A motion was made by Commissioner Vickers and seconded by Commissioner Ellis to approve said request.  Motion carried 5-0.

 

Discussion followed on said contract with the National Association of Counties’ CAREMARKPCS. L.P. MANAGED PHARMACY BENEFIT SERVICES AGREEMENT CONSUMER CARD PROGRAM.  Mr. Cherry reported the contact person for the county would be someone on his staff.  He also reported participating pharmacies in neighboring counties were usually large companies like CVS.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously to approve said AGREEMENT.

 

According to Mr. Cherry, the cost of a legal description for proposed ingress and egress easements across county land and property owned by Ms. Lily Davis in section 28, township 1 north, range 7 east is $100.  A survey marking the easement on the ground would cost $800 to $1000.  Mr. Cherry suggested the Board approve the legal descriptions for the easements now and postpone a property survey until the property is sold.  He also reported Ms. Davis is not interested in exchanging a small piece of property on U.S. Highway 221 for the easement across county property.  A motion was made by Commissioner Henderson and seconded by Commissioner Moore for the Board to grant an easement across county property to the Davis property in exchange for an easement across the Davis property to another county-owned parcel and for the Board to assume the cost of the legal descriptions.  Motion carried 5-0.  Ms. Davis would be responsible for recording fees.

 

Supervisor of Elections Jada Woods Williams presented costs for a new telephone system from EMBARQ in the amount of $2,721.14 and a new fax/copier machine from McCrimon’s Office Systems in the amount of $863.50.  Mrs. Williams reminded the Board of approximately $24,000 returned to the Board at the end of the 2006-07 fiscal year and asked the Board to amend her budget to purchase these much-needed office improvements.  Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously to amend the Supervisor’s budget and grant said requested funds.

 

The County Coordinator reported the voting precinct building on East Bunker Street is in need of improvements, including a roof, and asked for permission to get quotes for the roof, new exterior doors, flooring, bathroom repair, and a boundary survey for possible tree removal.  The Clerk reported an interest by the Suwannee River Economic Council to use the building for their Madison S.H.I.P. office, which would save the county $4800 per year in rent.  Upon a motion by Commissioner Henderson, seconded by Commissioner Moore, the Board voted unanimously to proceed with obtaining quotes for needed improvements.

 

Upon Commissioner Ellis’ inquiry, the County Attorney advised the same Request for Proposals used for the Emergency Operations Center could be amended to advertise for the Lee Library architectural services.

 

Commissioner Vickers asked the Board to consider the addition of Hickory Grove Church Road to the county’s paving list.  Each commissioner expressed a similar need to address the Paving Priority List.  Commissioner Henderson asked that the matter be re-agendaed for a later date, which would allow each commissioner to present roads in their district for evaluation and prioritizing for paving.

 

Mr. Cherry presented proposed legislation that would eliminate work the county would be allowed to perform in road construction with its own resources.  County Engineer Bill Steves reported the draft of changes to 336.41 Florida Statutes would hurt Madison County financially.  The Board by consensus approved a letter to our Legislative Delegation and a resolution adopted by the Board in opposition of said legislation.  Mr. Reeves was asked to prepare said resolution.

 

Solid Waste/Recycling Coordinator Jerome Wyche referred to a CONTRACT FOR SALE between James L. Tuten, C/O Tuten Hill Farm Trust and Madison County for a solid waste/recycling collection center site.  Mr. Wyche reported the seller would prefer four annual $10,000 payments, rather than one $40,000 payment.  The Clerk stated that would not be a problem for his office.  A motion was made by Commissioner Henderson and seconded by Commissioner Moore to approve said CONTRACT FOR SALE, subject to amended language regarding buyer, i.e. the county, paying all closing expenses.  Motion carried 5-0.

 

Mr. Wyche also presented a letter dated December 4, 2007 to Madison Correctional Institution (MCI) regarding collection center construction assistance in the form of fencing and concrete slab work performed by MCI.  Upon a motion by Commissioner Henderson, seconded by Commissioner Vickers, the Board voted unanimously to amend the agenda to consider said construction assistance.  A motion was then made by Commissioner Moore and seconded by Commissioner Henderson to approve said construction assistance by MCI.  Motion carried 5-0.

 

County Attorney Reeves advised the Board on the Perpetual Energy site on Rocky Ford Road.  He noted in a signed agreement Perpetual Energy was to clean the site of waste by November 2006.  He stated he would contact the company and if necessary prepare a Summary Judgment to file in the Circuit Court.  The Board by consensus directed Mr. Reeves to proceed.

 

Mr. Reeves also reported on his continuing communications with representatives from Wal-Mart regarding a traffic signal and roadway improvement agreement with the county.  Because the attachments to the proposed agreement were not complete, he asked the Board to consider having a Special Meeting before December 15th.  Mr. Reeves reviewed key elements of the agreement, which included a not to exceed cost of $110,000 for a needed traffic signal on State Road 53, construction by the county of a short connector road (Phase II) between Balboa Drive and a Phase I Wal-Mart Store access road from State Road 53, engineering design costs in the amount of $2000 for the Phase II roadway, and an understanding that Wal-Mart will not enter into a contract to participate in grant applications by the county.  The Board by consensus agreed to move forward with the proposed agreement and scheduled a Special Meeting for Thursday, December 13th at 3:30 P.M.

 

Mr. Cherry referred to a letter dated December 2, 2007 from Mr. Kevin Campbell, former employee of the County Extension Service, regarding a request for 120.839 hours of accrued leave time over the 240 hours paid by the Clerk’s Office upon his resignation.  Mr. Sanders explained Madison County’s policy is limited to 240 hours of annual leave, while the University of Florida Cooperative Extension Service has a limit of 352 hours.  The Clerk asked the County Attorney for an opinion based upon a Memorandum of Understanding (MOU) between the County and the University of Florida Institute of Food and Agricultural Sciences dated July 1, 2000.  Since the request was not on the agenda, Mr. Reeves stated he would like to review the MOU and suggested adding Mr. Campbell’s request to the December 13th Special Meeting agenda.  The Board by consensus agreed to consider said request at that time.

 

Mr. Cherry also reported the Florida Department of Transportation (FDOT) will allow a driveway permit for a proposed solid waste/recycling collection center on State Road 53 North.  He added that the County Engineer is working on the design of a three-acre collection site and associated extensive buffering.

 

County Planner Jeanne Bass reported on a visioning process scheduled to begin next January facilitated by Ms. Elizabeth Bolton of the University of Florida that will culminate in the preparation of an Evaluation Appraisal Report for Comprehensive Plan revision. She stated the Department of Community Affairs (DCA) has grant money available for the revision work.

 

Mr. Jerome Wyche reported there is still one vacant position on the County Design Review Board.

 

Commissioner Vickers reported receiving calls from volunteer firemen regarding dispatch protocol for first responders.  The Chairman stated he would meet with the Director of Emergency Medical Services regarding the protocol policy and asked that the matter be agendaed for the next Regular Meeting.

 

Commissioner Ellis thanked everyone for a very successful United Way fundraising campaign in Madison County.

 

The Clerk asked the Board for clarification on the proposed 2008 Holiday Schedule for Madison County.  The Board by consensus approved the schedule with the Christmas holidays observed on Thursday and Friday, December 25th and 26th.

 

Mr. Sanders also presented the Board with a paper he prepared on the status of the State Board of Administration’s Local Government Investment Pool (LGIP), which is the county’s primary investment vehicle and is heavily relied upon by almost every local government in the state to ensure that all local dollars, not just surplus funds, are invested and readily available.  He reported on November 29th the Trustees of SBA composed of Governor Crist, Chief Financial Officer (CFO) Alex Sink, and Attorney Bill McCollum decided temporarily not to accept or process deposit or withdrawal requests until the Cabinet meeting on December 4th.  The Trustees took that step in order to take a plan of action following a recent string of withdrawals in November.  The Clerk reported this action in no way hindered the operations of the Clerk’s Office in meeting the county’s financial obligations since deposits of surplus funds were redirected to the county’s banking partner and also the Florida Local Government Investment Trust (FLGIT) three weeks prior to said action, while withdrawals were made as needed.  He went on to report that on the 4th the Cabinet adopted four motions made by the CFO.  The most important was the creation of a LGIP Fund A and Fund B structure, with Fund B holding questionable at risk securities only and Fund A securing and maintaining a AAA rating.  Mr. Sanders reported on the present bank balance and investments by the county, which total $6,873,590.24 (SBA-$2,394,144.81; FLIGIT-$2,709,603.22; Capital City Bank-$1,769,842.21), of which about 5% or $335,180 in General, Transportation, and County Surtax funds would reside in said Fund B of the LGIP.

 

Mr. Sanders also presented the Board with a STATEMENT OF ACTUAL AND ESTIMATED REVENUE AND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND APPROPRIATIONS as of October 31, 2007. 

 

There being no further business, the Chairman adjourned the meeting at 11:35 A.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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