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BOCC Minutes April 16, 2008

                                         BOARD OF COUNTY COMMISSIONERS

 

MADISON COUNTY, FLORIDA

 

                                                         COURTHOUSE ANNEX

 

                                         MINUTES OF THE REGULAR MEETING

 

                                                   WEDNESDAY, APRIL 16, 2008

 

                                                                      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 Commissioner Moore opened with prayer and pledge to the flag.

 

Upon a motion by Commissioner Henderson, seconded by Commissioner Ellis, the Board voted unanimously (5-0) to approve the agenda as amended: Mr. Cherry asked to add New Business No. 6, on behalf of the Senior Citizens Council, to approve a Letter of Support for the new Senior Center to be built on properties owned by North Florida Community College and the City of Madison located on Meeting Street between the water tank and Oakridge Cemetery.

 

The minutes of the Regular Meeting held on April 2, 2008 were presented for review.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously 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 (1. Proclamation for Stewardship Week, April 29 – May 4, 2008; 2. Approval of Agreement Between University of Florida and Board of County Commissioners to provide Services for Department of Community Affairs Grant; 3. Approval of the Madison County SHIP Program Local Housing Assistance Plan; 4. Status Report for the Madison County SHIP Program through February 2008; 5. Budget Amendment Requests for Administration (2); 6. Budget Amendment Request for Transportation; 7. Approval of invoices regarding the Hospital Construction Project; 8. Approval of two Longevity Bonus Requests; 9. Narrative Plan for Madison County Mosquito Control Program 2007-2008).

 

Chairman Martin directed the Board’s attention to a Public Hearing advertised for 4:00 P.M. to consider the vacating, abandoning, discontinuing and closing that certain road described as: Unopened Alley – The southern 150 feet of the 20 foot wide unopened alley lying in Block 12, Town of Sirmans, as shown on the Plat in “DB’ 27, Page 650-651, Public Records of Madison County, Florida.  Board Administrative Office Manager Sherilyn Pickels reported the Sirmans Volunteer Fire Department made the request to enable expansion of their existing building to allow room for larger fire apparatuses.  She also reported surrounding property owners were notified of the proposed road closure and none were opposed.  The Chairman opened the floor for public comment.  Mr. George Blevins of the Sirmans Volunteer Fire Department explained the need for road closure and the need for the additional land in the alley.  Hearing no further comments, Chairman Martin closed the hearing.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers to close said portion of alley and 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 EFECTIVE DATE.  Motion carried 5-0.

 

            Discussion followed regarding the disposal of a Sirmans Volunteer Fire Department (VFD) 1991 Ford one-ton truck titled to Madison County.  The Clerk explained the normal procedures of declaring county property surplus and then disposal and suggested the truck be advertised for sale through sealed bids.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers to declare said truck surplus and allow the Clerk to accept sealed bids for its sale and deposit said proceeds in the Sirmans VFD account, and to also authorize the Chairman to sign said title for transfer.  Motion carried 5-0.

           

            Mr. Elmer Spear reported to the Board that he attended a second Tourist Development Council (TDC) meeting and requested $6579.41 of Tourist Development Tax funds to offset costs for an Elmer’s Genealogy Library sponsored conference in Madison.  Mr. Spear read a letter to the Board for the record regarding his request and failed attempts to receive funding from TDC due to a TDC imposed cap of $2,000 for grants.  Mr. Spear asked the Board to consider his request and referred to his TDC Application and itemization of expenses that total $13,079.41.  He also suggested the Board reconsider the TDC membership and volunteered to serve again if needed.  Mr. Spear also presented letters of support from three of his Library Board members.  Commissioner Henderson, who chairs the TDC, reported on the present makeup of the TDC.  He also stated the TDC has already given Mr. Spear $7,000 for conferences this fiscal year.  Upon request the Clerk reported a balance of $15,368.20 of the $23,000 budgeted in 2007-2008 for grants by TDC.  Commissioner Ellis inquired about statutorily approved Tourist Development Tax expenditures.  The County Attorney asked the Board to allow him a few minutes to review the Florida Statutes regarding Commissioner Ellis’ question.

 

            Ms. Catherine Murphy, speaking on behalf of the disabled and elderly in the county, asked the Board to look into a solution to the serious problem of lack of transportation, especially transportation between the hospital and nursing homes in Madison County.  Commissioner Moore, who chairs the Transportation Disadvantaged Board, reported funds for transportation in rural areas of the state have been cut.  He also suggested that everyone pay an extra $1.00 for tag renewals to help transportation costs in Florida.  Commissioner Ellis suggested the Board send a letter to Big Bend Transit, Inc. regarding the county’s lack of transportation issues.

 

            Mr. Ted Ensminger presented the Board with a NEWS RELEASE from North Florida Community College regarding the NFCC Trustees’ vote to suspend all intercollegiate athletic programs for the 2008-2009 school year due to anticipated budget reductions.  He stated the cut in Madison County’s economy due to the suspension of three sports at NFCC is approximately $300,000.  He added that the administration had no “Plan B” to keep the athletic programs.

 

            Attention returned to Mr. Spear’s request for Tourist Development Council (TDC) funding.  The County Attorney, after reviewing the Florida Statutes, reported of the $13,000 itemized expenditures, $6,500 of the expenses would be legally authorized.  Commissioner Henderson made a motion, seconded by Commissioner Ellis, for the Board to go along with the TDC’s vote to approve $2,000 for the library conference.  Motion failed 2-3 with Commissioners Martin, Moore, and Vickers opposed.  A motion was then made by Commissioner Vickers and seconded by Commissioner Moore to grant Mr. Spear’s request of $6,579.41 from the Tourist Development Tax to help fund his library conference.  Motion carried 4-1 with Commissioner Henderson opposed.

 

            Chairman Martin directed the Board’s attention to an advertised Public Hearing to consider AN ORDINANCE OF MADISON COUNTY, FLORIDA, RELATING TO SEXUAL OFFENDERS AND SEXUAL PREDATORS; PROVIDING FOR FINDINGS AND INTENT, DEFINITIONS; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM RESIDING WITHIN 2500 FEET OF ANY SCHOOL, DAY CARE CENTER, PARK, PLAY-GROUND, SCHOOL BUS STOP, OR PUBLIC LIBRARY; PROVIDING EXCEPTIONS; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM BEING PRESENT, LOITERING OR PROWLING ON THE PREMISES OF ANY SCHOOL, DAY CARE CENTER, PARK, OR PLAYGROUND EXCEPT AS PROVIDED; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM BEING PRESENT, LOITERING OR PROWLING WITHIN A 100 FOOT BUFFER ZONE OF ANY SCHOOL BUS STOP, EXCEPT AS PROVIDED; REQUIRING LAW ENFORCEMENT OFFICERS TO AFFORD AN OPPORTUNITY TO EXPLAIN PRESENCE IN A PROHIBITED AREA; PROVIDING FOR MEASUREMENT OF DISTANCES, REQUIRING DECLARATION BY SEXUAL OFFENDERS AND SEXUAL PREDATORS UNDER CERTAIN CIRCUMSTANCES; REQUIRING PHOTO IDENTIFICATION; PROHIBITING PROPERTY OWNERS FROM RENTING TO SEXUAL OFFENDERS AND SEXUAL PREDATORS PROPERTY THAT LIES WITHIN 2500 FEET OF A SCHOOL, DAY CARE CENTER, PARK, PLAYGROUND, SCHOOL BUS STOP OR PUBLIC LIBRARY; PROVIDING FOR COMMUNITY AND PUBLIC NOTIFICATION;  PROVIDING PENALTIES; PROVIDING FOR APPLICATION IN THE UNINCORPORATED AND INCORPORATED AREA OF THE COUNTY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.  Mr. Reeves explained the main provision of the ordinance is to extend the prohibition of sexual offenders’ and sexual predators’ radius of occupation from the above noted areas from 1000 feet to 2500 feet.  He also advised the Legislature is considering one statewide standard, which would overrule all local ordinances.  Chairman Martin opened the hearing for public comment.  Mr. Michael Curtis, Mr. David Sindt, and Sheriff Pete Bucher responded to the Chairman’s invitation to speak on the matter. The Clerk read the heading of said proposed ordinance for the record.  Upon a motion by Commissioner Vickers, seconded by Commissioner Henderson, the Board voted unanimously to approve said ordinance, subject to correction of typographical error in Section 3.2.5, page 11.

 

            Sheriff Bucher referred to a letter to the Board dated April 8, 2008 in which he made a request for funds to purchase four Ford Crown Victoria Police Package cars at a cost of $107,280 or $26,820 each per proposal from Brannen Motor Company of Unadilla, Ga.  The Clerk presented and reviewed the Projected General Fund Balance as of March 31, 2008 and, in order to preserve needed General Fund reserves, offered a suggestion that gas tax funds be used to fund infrastructure expenses, such as patrol cars, in fiscal year 2008-209 beginning October 1, 2008.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers to approve a Budget Amendment and purchase of two cars in the amount of $53,640.00 from General Fund reserves.  Motion carried 5-0.

 

            Mr. Cherry reported with the recent grant of approximately 1.2 million dollars to build a new Senior Citizens Center, a new, more centrally located construction site may be available that is owned by North Florida Community College and the City of Madison.  He stated the Senior Citizens Council would like for the Board to approve a Letter of Support to use vacant property located on North Meeting Avenue between the water tank and Oakridge Cemetery for the proposed Senior Center, rather than the City Industrial Park site already donated by the City of Madison.  Commissioner Ellis stated according to the architect the footprint of the proposed building fits the Meeting Avenue site.  He also stated the unlevel five-acre Industrial Park site would require considerable movement of dirt and also, a land use change.  A motion was made by Commissioner Ellis and seconded by Commissioner Vickers for the Board to approve a Letter of Support for the use of the new college/city building site.  Motion carried 4-1 with Chairman Martin opposed.

 

            Road and Bridge Coordinator “Red” Henderson referred to the results of a BID OPENING for project Numbers: 2008-04 & 2008-08 and Lump Sum Bids for the resurfacing and/or widening of SW County Road 140 (2008-04) and SW County Road 360 (2008-05).  Contractors submitting bids were C. W. Roberts Construction, Inc., The Scruggs Co., and Anderson Columbia Co., Inc.  Mr. Henderson reported Anderson Columbia’s bids were lowest on both jobs (CR 140 - $1,068,569.98 and CR 360 - $1,735,659.46) and was his recommendation to approve said low bidder.  Mr. Cherry reported the CR 140 bid was approximately $200,000 more than the Florida Department of Transportation (FDOT) appropriation for the resurfacing/widening project.  The Board by consensus approved a letter to FDOT to request extra funding to complete the project as specified in the bid proposal.  A motion was made by Commissioner Moore and seconded by Commissioner Ellis for the Board to approve the low bids by Anderson Columbia Co., Inc. for said projects, subject to notification by FDOT of available extra dollars to complete said CR 140 project or reduction of said scope of work.  Motion carried 5-0.  In closing, Mr. Henderson reported remaining funds on the Mosley Hall Road project will be used to make further improvements on that resurfacing project.

 

            Commissioner Moore made a request to limerock a portion of Captain Brown Road.  Mr. Henderson stated 1.1 miles of 20 foot wide limerock would cost approximately $15,000 if the county hauled the limerock from the pit or $29,000 if the vendor did the hauling.  Discussion followed on using a sand clay mixture, rather than limerock.  The Chairman asked Mr. Henderson to look into the availability of the sand clay and to re-agenda the issue for the next Regular Meeting.

 

            Chairman Martin suggested during the upcoming budget workshops for the Board to address dividing expenditures for limerock projects equally between Commissioner’s districts.

 

            Regarding the County’s contract with the City of Madison for fire inspection services, Mr. Cherry stated his intention to speak with the County Building Official on the future of said services contract and the rates for said services.  He also reported on a request for the Board to take action on the Pinetta Community Center’s risk to the safety of the community. Mr. Cherry stated the building and property is owned by the Pinetta Community Council.  Commissioner Vickers stated there was a concern also about the ownership of the road adjacent to the center.  Mr. Reeves advised the property is owned by an unincorporated association and is not Board related.

 

            Commissioner Ellis reported Grants Consultant Jim Parrish notified him of the availability of grants for boat ramps.  Discussion followed on possible sites for ramps on the rivers and lakes in the county.  County Engineer Bill Steves explained the process of obtaining grants for boat ramps improvements.

 

            Mr. Sanders presented the County’s STATEMENT OF ACTUAL AND ESTIMATED REVENUE AND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND APPROPRIATIONS as of March 31, 2008.

 

            The County Attorney reported to the best of his knowledge, the Attorney General had not issued an opinion to the County on the legality of a cost recovery program for emergency services.

 

There being no further business, the Chairman adjourned the meeting at 6:10 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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