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BOCC Minutes August 6, 2008

                                         BOARD OF COUNTY COMMISSIONERS




                                                         COURTHOUSE ANNEX


                                         MINUTES OF THE REGULAR MEETING


                                                  WEDNESDAY, AUGUST 6, 2008


                                                                      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, who opened with prayer and pledge to the flag at an earlier Special Meeting, called the meeting to order.


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 Mr. Cherry, delete Unfinished Business item No. 1, Appraisal concerning property located at 235-239 SW Pinckney Street to Madison County; and add New Business item No. 8, Approval of adjusted hours of operation at Cherry Lake Beach; New Business item No. 9, Presentation by Engineer Frank Darabi on the Madison County Landfill Superfund Site; and at the request of Mr. Sanders, add to New Business item No. 10, Re-schedule First Public Hearing on the 2008-09 fiscal year budget; and New Business item No. 11, Discussion of proposed ordinance for imposition of additional court costs.


The minutes of the Regular Meeting held on July 16, 2008 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.


Under “Petitions From The Public” Mr. Clint Roberts made a request to use the Withlacoochee River boat ramp located south of Blue Springs for deadhead logging.  Mr. Roberts reported the logging operation from the river bottom is permitted and monitored by the Florida Department of Environmental Protection.  Mr. Reeves advised the Board and Mr. Roberts on the need for the county to be additionally insured by the operators.  Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously to amend the agenda and to approve the requested use of said boat ramp with the condition the county is additionally insured.


Upon a motion by Commissioner Ellis, seconded by Commissioner Vickers, the Board voted unanimously to approve the Consent Agenda (1. Memo and Articles from Planning and Zoning Board regarding Land Use).


At 9:10 A.M. the Chairman directed the Board’s attention to a Public Hearing regarding 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.  Board Administrative Office Manager Sherilyn Pickels reported New Bethel Primitive Baptist Church made application for the road closure of Turner Street: that unopened portion in East Madison Subdivision between Block 15 and Block 12, running east and west from SE Osgood Street to SE McDonald Terrace, as shown on the Plat in “DB”-25, Page 422, Public Records of Madison County, Florida.  Mrs. Pickles presented an aerial photograph of the subject road located adjacent to the church property.  Chairman Martin opened the Public Hearing for comments from the public.  Hearing none, the Public Hearing was closed.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously to approve said resolution to close and abandon said portion of Turner Street.


Ms. Linda Donaldson and Ms. Deidra Newman of Tri-County Healthcare in Greenville presented for approval a PROCLAMATION by the Board which would proclaim the Week of August 10 – 16, 2008 as “National Health Center Week” in Madison County and urge citizens to recognize the important contributions of Federally Qualified Health Centers in safeguarding health and improving the quality of life for all people in Madison County. At the request of the Chairman, the Clerk read the Proclamation for the record.  Upon a motion by Commissioner Moore, seconded by Commissioner Vickers, the Board voted unanimously to approve said Proclamation.


Recreation Department Director Tommy Garner asked the Board for permission to close Cherry Lake Beach on Thursdays and Fridays after school starts due to school age employees at the park, and also due to poor admissions on those particular days.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers to approve said request to reduce the hours of park operation.  Motion carried 5-0.


Mr. Frank Darabi of Darabi and Associates and engineer of the Madison County Landfill Superfund Site presented an extensive power-point presentation with hard copy on the old City of Madison/County landfill site located on Rocky Ford Road, which included Site History, Yard Trash Area Site Plan, Landfill Site Plan, Site Geology, Current Groundwater Analysis Data on certain chemicals, Current Actions, and Recommendations.  In conclusion, Mr. Darabi reported the availability of other options to clean the site, whose costs would be shared by the County, the City and ITT.  He also recommended a workshop with both the City and County Commissions to look at alternatives and associated costs.  The County Attorney reviewed the history of the agreement to clean the site and contributions by the three parties, i.e., the County, City and ITT.  Chairman Martin asked Mr. Cherry to set up a joint meeting of the County and City Commissions to address Mr. Darabi’s recommendations.


Mr. Allen Dyke, architect with Clemons, Rutherford and Associates reported Sheldon Dean, Inc. of Tallahassee was the low bidder of five bids submitted for the court house roof and clock tower improvement project with a bid of $263,500.  Mr. Dyke stated he met with a representative of the company, Mr. Billy Burnette, and after review found all plans and specifications were included in the project bid.  Mr. Dyke asked the Board to approve the low bid and sign the construction contract.  A motion was made by Commissioner Ellis and seconded by Commissioner Moore to accept the recommendation by Clemons, Rutherford and Associates to accept the low bid of Shelton Dean, Inc.  Motion carried 5-0.


Ms. Marie McAllister of Cherry Lake presented a report on a Eastern Equine Encephalitis (EEE) confirmed positive canine case in Madison County by the Florida Department of Agriculture.  She also presented veterinary diagnostic laboratory information and stated this was the fourth EEE documented death of her dogs.  She suggested mosquito control spraying was ineffective and recommended larviciding to reduce mosquito populations.  Mosquito Control Coordinator Jamie Willoughby presented and reviewed with the Board a paper entitled “Mosquito Control and the EEE Virus”.  Mr. Willoughby showed the Board an aerial photograph of Cherry Lake and associated small bodies of water in the area and reported to control EEE, the mosquito habitats must be eliminated.  He added Mosquito Control sprays twice a week in the Pinetta and Cherry lake areas, but Ms. McAllister’s property is very wooded, which prevents spray from reaching the house.  He also reported spraying is monitored by the State.  In conclusion, Mr. Willoughby stated he would continue to seek a solution to Ms. McAllister’s mosquito problem.


Suwannee River Regional Library Director Danny Hales updated the Board on the new Lee Library building project and presented the Board with a copy of a letter from the Town of Lee, which approved a waiver of jurisdictional authority for permitting and inspection services of the new facility.  The decision by the Lee Town Council will allow the Madison County Building Department to provide said services.  He stated by the end of September architectural plans will be forwarded to the State for approval with construction beginning in December and completion in August 2009.  The County Attorney asked Mr. Hales to work out the details with the School District on the proposed common access to the library and Lee Elementary School.


Mr. Cherry reported only one bid was received for each parcel of timber the county offered for sale.  He stated Greenville Timber Corporation submitted a Lump Sum Bid on Parcel # 11-1N-09-3486-001-000 containing approximately 35 acres of pine timber in the amount of $11,474.00, and a Lump Sum Bid on Parcel # 28-1N-07-2542-003-000 containing approximately 130 acres of pine and hardwood timber in the amount of $8,500.00.  A motion was made by Commissioner Moore and seconded by Commissioner Vickers to have the 135 acre parcel appraised to sell with existing timber.  Motion carried 5-0.  Mr. Cherry was asked to select an appraiser.  A motion was then made by Commissioner Moore and seconded by Commissioner Henderson to accept the bid of $11,474.00 for the 35 acres of pine on Rocky Ford Road.  Motion carried 5-0.


The Clerk asked the Board to consider moving the First Public Hearing for the Tentative Millage and Budget for the 2008-2009 fiscal year from Wednesday, September the 10th to Thursday, September 11th.  Upon a motion by Commissioner Moore, seconded by Commissioner Henderson, the Board unanimously approved the move to September 11th at 5:30 P.M.


Mr. Sanders also asked the Board to consider moving forward with the advertisement of an ordinance to impose additional court costs in criminal cases.  He stated most counties, if not all others, impose the additional court costs to provide funding for innovations in the court system, legal aid programs for Madison County citizens, law library materials, and support of juvenile assessment centers and other juvenile alternative programs.  Upon a motion by Commissioner Vickers, seconded by Commissioner Moore, the board voted unanimously to approve advertisement of said ordinance. 


Discussion followed on an ordinance presented by the Road Department that was adopted in Lafayette County, which would set a speed limit of 35 Miles Per Hour on all graded roads in the county.  Road Department Coordinator Robert Henderson suggested such an ordinance may be better than posting “Dust” signs on graded roads as discussed at an earlier meeting.  Sheriff Pete Bucher questioned enforcement of the ordinance, which is in conflict with 316.183 Florida Statutes.  After considerable discussion, Mr. Cherry asked the Board for direction on the adoption of a policy on said “Dusty” road signage.  Upon a motion by Commissioner Henderson, seconded by Commissioner Ellis, the Board voted unanimously to rescind the decision to adopt a “Dusty” road sign policy.


A motion was also made by Commissioner Moore and seconded by Commissioner Vickers, at the request of Mr. Henderson, to amend the agenda and approve a 14-day extension to the resurfacing contract between the County and Anderson-Columbia.  Motion carried 5-0.


Upon a motion by Commissioner Henderson, seconded by Commissioner Moore, the Board voted unanimously to amend the agenda to consider a request by Madison County Senior Citizens Executive Director Rosa Richardson.  A motion was then made by Commissioner Ellis and seconded by Commissioner Moore to waive the fee for a Special Exception and Building Department fees to build a new Senior Facility.   Motion carried 5-0.


Sheriff Bucher presented bids from Summer Systems, Inc. of Madison for an upgrade of the Court House camera system.  One bid was for $18,701.00 and the other for $17,376.00.  Another bid in the amount of $13,522.00 was presented for the Court House Annex for a new camera system.  The Sheriff reported the systems are web based.


Solid Waste/Recycling Coordinator Jerome Wyche reported the new State Road 53 North Collection Center is expected to be open on September 1st.  He stated a need for three new employees for Recycling, two to man the new site and one floater.  A motion was made by Commissioner Henderson and seconded by Commissioner Vickers to amend the agenda and to approve said request for three new employees.  Motion carried 5-0.


The County Attorney advised he would contact the Tuten family attorney regarding the acquisition of property for a new collection center in the southwest area of the county.


The County Coordinator presented an aerial photograph of that portion of the county economic development park south of Dale Leslie Drive and the two-acre site that has been sold.  He reported the new owner desires natural gas for his business.  Mr. Cherry also presented a proposed road off of Dale Leslie Drive to said site, which would also allow access to multiple tracts.  Mr. Cherry stated County Grants Consultant Jim Parrish advised the new road, gas, water, and a new lift station could be funded with a Community Development Block Grant-Economic Development (CDBG-ED).  The Board by consensus directed Mr. Cherry to proceed with said plans.


The County Attorney gave a follow-up update on the Attorney General opinion on the cost recovery of emergency services provided by the county.  Based upon a prior opinion that the duty was owed to the public, he advised to not proceed with a cost recovery program for services rendered.


At 1:30 P.M. Chairman Martin called the meeting back to order and Mr. Reeves reported County Attorneys can no longer serve as attorney for the Value Adjustment Board (VAB) due to recent changes in legislation.  He advised a Request For Proposals (RFP) was not required for legal services and recommended he find an attorney for the VAB, starting with local attorney Cary Hardee.  The Board by consensus approved Mr. Reeves’ recommendation.


The Clerk presented a paper entitled 2008-09 FY BUDGET RECAP # 1 dated August 6, 2008 with the following balances based upon a tentative millage rate of 8.9015; 0% change in employee health insurance costs; and 0% cost of living increase:

                        General Fund                                        $4,341,020

                        County Transportation Trust Fund         (765,253)

                        Capital Projects                                    717,024

                        Fine & Forfeiture                                  (4,495,338)

                        Solid Waste                                          37,116

                        Emergency Medical Services                0

                                    (balance with $480,431 from Small Co. Surtax)

                        Landfill Closure                                    6,500

                        Fire Services                                        177,904


Following the Clerk’s summary of the 2008-09 fiscal year budget based upon the initial proposed budgets of the County Department Heads and Constitutional Officers, the Board reviewed the budgets with the Department Heads.  The Building Department budget was reviewed by Mr. Cherry, followed by Veterans Service and Veterans Service Officer Oliver Bradley; Emergency Management with Director Jim Stanley and Victoria Brown; Code Enforcement with Mr. Cherry; Emergency Medical Services and E-911 with Director Juan Botino; Recreation Department with Director Tommy Garner; Facilities Maintenance with Director Albert Barfield; Animal and Mosquito Control with Coordinator Jamie Willoughby; Solid Waste/Recycling with Coordinator Jerome Wyche; Road and Bridge Department with Coordinator Robert Henderson and Jo Williams; and Board of County Commissioners Administration with Mr. Cherry.  Regarding Road and Bridge the Board by consensus approved the concept of transferring funds from 5th and 6th (Constitutional Gas Tax) for allowed Capital Outlay and other expenditures in the Transportation budget.


There being no further business, the Chairman adjourned the meeting at 4:55 P.M.


                                                                        Board of County Commissioners

                                                                        Madison County, Florida



                                                                              Alfred Martin, Chairman




Tim Sanders, Clerk to the Board of

County Commissioners


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