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BOCC Minutes October 1, 2008

 

                                         BOARD OF COUNTY COMMISSIONERS
 
                                                  MADISON COUNTY, FLORIDA
 
                                                         COURTHOUSE ANNEX
 
                                         MINUTES OF THE REGULAR MEETING
 
                                                WEDNESDAY, OCTOBER 1, 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, called the meeting to order and the Director of Facility Maintenance Reverend Albert Barfield opened with prayer and pledge to the flag.
 
Under the first order of business, Chairman Martin passed the gavel to the new Chairman for the 2008-2009 fiscal year, Commissioner Wayne Vickers.
 
Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve the agenda as amended: at the request of Commissioner Moore, add to New Business No. 4, Approval of additional funding for Big Bend Transit, Inc. from proposed sale of county property located on U. S. Highway 221 south of Greenville; and at the request of Mr. Sanders, to delete approval of minutes from the Regular Meeting held on September 17 and the Special Meeting held on September 24, 2008.
 
The minutes of the Special Meeting held on September 11, 2008 were presented for review. Upon a motion by Commissioner Moore, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve said minutes as presented.
 
Upon a motion by Commissioner Moore, seconded by Commissioner Ellis, the Board voted unanimously to approve the Consent Agenda (1. Certificate of Acceptance of Subgrant Award for $10,108.00 for the Sheriff’s Department; 2. Budget Amendment Request for Special Assessment – Fire; 3. Budget Amendment Request for Road and Bridge/Capital Projects; 4. Budget Amendment Request for Law Enforcement and Corrections; 5. Budget Amendment Request for Transportation; 6. Budget Amendment Request for Rails to Trails; 7. Budget Amendment Request for Recreation Department; 8. Budget Amendment Request for Building Department; 9. Budget Amendment Request for Animal Control for FY 2008-2009).
                       
Mr. Cherry reported meeting with Aucilla Area Solid Waste Administration engineer Frank Darabi regarding the potential sale of county-owned property located south of Greenville on U. S. Highway 221 to the Regional Landfill. Mr. Darabi expressed the Solid Waste Administration preferred the county pay for the boundary survey, since the county collection center is located on the subject property and would be excluded from the sale. Commissioner Moore, who serves on the Solid Waste Administration Board, stated he would talk to Mr. Darabi regarding issues of the potential sale. The Chairman asked to re-agenda the matter for the next Regular Meeting.
 
The Clerk presented a change-order for the Madison County Courthouse re-roof and window replacement project in the amount of $84,274 for a grand total amount of $384,000, which is equal to the Small County Courthouse Grant for the project. Mr. Will Rutherford of Clemons, Rutherford and Associates explained the greatest increase is in the amount of $69,600 to replace the original Spanish terra cotta clay barrel tile roof, which was removed in the 1950’s. Upon a motion by Commissioner Ellis, seconded by Commissioner Moore, the Board voted unanimously to approve said change order as presented.
 
Suwannee River Regional Library Director Danny Hales and Mr. Will Rutherford of Clemons, Rutherford and Associates reported on plans for a new library in Lee. Mr. Rutherford recommended the Board approve a competitive bid process for contractors with a conversion to a construction management operation to take advantage of sales tax and other cost savings. He also recommended the Board look at available county resources, such as the Road Department, to provide additional construction savings. Upon a motion by Commissioner Henderson, seconded by Commissioner Martin, the Board voted unanimously to approve Mr. Rutherford’s recommendations. Mr. Hales reported being on the Lee Town Council agenda for their October 7th meeting to request a waiver of fees and labor costs to tap into the municipal water system.
 
Ms. Lashanda Williams of Madison Drug Screening and Detection located at 145 East Base Street in Madison presented a “Quotation” on unit price costs of drug screening tests and asked the Board to consider her new company as a provider for said services to the county. The Chairman asked that the matter be re-agendaed for the next Regular Meeting and the contract and pricing of the present vendor, and also credentials of Ms. Williams’ company, be available for Board review.
 
Commissioner Moore referred to the potential sale of county-owned property located south of Greenville to the Regional Landfill and made a motion for the Board to allocate $5000 from said pending sale to increase the funding of Big Bend Transit, Inc. in fiscal year 2008-2009. Motion was seconded by Commissioner Ellis. Discussion followed regarding the services rendered to the citizens of Madison County by Big Bend Transit and suggestion was made for more information before the Board acted on the motion. Commissioner Moore stated he would contact Mr. Ted Waters of Big Bend Transit, Inc. to make a presentation to the Board and withdrew his motion. Commissioner Ellis withdrew his second.
 
Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve a RESOLUTION AUTHORIZING THE CHAIRMAN OF THE MADISON COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE REIMBURSEMENT AGREEMENT OF THE COUNTY INCENTIVE GRANT PROGRAM WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION KNOWN AS FINANCIAL PROJECT #424182-1-58-01, subject to modification of wording of location of said turn lane. The grant amount is $300,000 for a turn lane on NW Pickle Lane at U.S. Highway 90.
 
County Engineer Bill Steves asked the Board to allow bids from contractors electronically for the County Road 255 re-surfacing project in order to shorten the bid process and begin work before cold weather sets in. The County Attorney advised he found nothing in Florida Statutes that prevented such practice. Upon a motion by Commissioner Ellis, seconded by Commissioner Moore, the Board voted unanimously to amend the agenda and approve bids submitted electronically for said project.
 
Road Department Coordinator Robert Henderson reported the completion of the County Road 140 resurfacing project and the resurfacing of County Road 360 should be completed by the end of the week.
 
County Attorney Reeves gave an update after meeting with the Tuten family attorney on negotiations to purchase a solid waste/recycling collection site in the New Home/San Pedro area of the county. Mr. Reeves reported the family would like for the center to be called the San Pedro Collection Center; would like for the collection center to be open on Sundays only from 12:30 PM to 6 PM to not interfere with church services; and would like to have a right of reversion. The County Coordinator stated the requested hours of operation on Sundays is not much different from the existing centers in the county and recommended the Board move forward on the purchase of the property in the amount of $40,000. Upon a motion by Commissioner Martin, seconded by Commissioner Ellis, the Board voted unanimously to amend the agenda to consider said purchase. A motion was then made by Commissioner Martin and seconded by Commissioner Henderson to approve Mr. Cherry’s recommendation and direct staff to prepare necessary documents to purchase the site for Board approval. Motion carried 5-0.
 
Mr. Reeves also reported on a situation involving Mr. Elmer Spear, who was denied access to the Cherry Lake Volunteer Fire Department sponsored political rally and fundraiser to set up a table to provide petitions for a wet-dry referendum, and who now has sought assistance from the American Civil Liberties Union (ACLU). The County Attorney advised he does not agree with the ACLU attorney, who contends the volunteer fire departments are public entities since they receive funding from the county and therefore may not deny access to the public upon their properties. He also reported having a conversation with Mr. Allen Shadrick of the Pinetta Volunteer Fire Department where he asked if Mr. Spear would be allowed upon their property for the same purpose during their scheduled political rally/fundraiser on November 1st. Mr. Shadrick stated he would have an answer after a meeting of the fire department.
 
The Clerk reported that he spoke with Mr. Spear and found him agreeable for the county to request an Attorney General Opinion (AGO) to define the relationship between the county and volunteer fire departments, rather than a very expensive and time consuming determination by the courts. Mr. Reeves stated the ACLU attorney did not object to the opinion, but would not be bound by it. The ACLU attorney also advised Mr. Reeves he would seek a temporary injunction for Mr. Spear to gain access to the November 1st Pinetta event, if his access was denied. 
 
Mr. Spear stated his rights were denied by a vote of the Cherry Lake Volunteer Fire Department and a precedent in the county was set by that action.
 
Commissioner Ellis made a motion, seconded by Commissioner Moore, for the Board to authorize the County Attorney to request an Attorney General Opinion to clarify the relationship between Madison County and the Volunteer Fire Departments. Motion carried 5-0.
 
Mr. Cherry reported Emergency Medical Services (EMS) Director Juan Botino brought attention to a needed re-evaluation of the EMS Medical Director position. The County Attorney advised and recommended, since Down Home Medical does not have a medical doctor to provide services to EMS, to 1). declare the contract between the County and Down Home Medical in default; 2). Authorize Mr. Cherry to enter into a temporary contractual relationship with a medical doctor to provide services to EMS; and 3). Begin a Request For Proposals (RFP) for a permanent Medical Director to provide services to EMS. A motion was made by Commissioner Moore and seconded by Commissioner Martin to amend the agenda and approve the County Attorney’s above recommendations (1, 2, & 3). Motion carried 5-0.
 
Mr. Cherry also asked for clarification on the selection of Professional Engineering and Administration Services for a Community Development Block Grant that was discussed and acted upon at the last Regular Meeting. A motion was made by Commissioner Moore and seconded by Commissioner Ellis to allow county staff to negotiate with the top ranked professionals on both the Engineering and Administrative short-lists for said services. Motion failed 2-3 with Commissioners Henderson, Martin, and Vickers opposed. A motion was then made by Commissioner Henderson and seconded by Commissioner Martin for the Board to receive presentations by the short-listed top three firms for both Engineering and Administrative Services at the next Regular Meeting for a final ranking. Motion carried 5-0.
 
 There being no further business, the Chairman adjourned the meeting at 10:55 A.M.
 
                                                                        Board of County Commissioners
                                                                        Madison County, Florida
 
By:_________________________
                                                                              Roy W. Vickers, Chairman
ATTEST:
 
_____________________________
Tim Sanders, Clerk to the Board of
County Commissioners
 

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