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BOCC Minutes March 18, 2009


                                         BOARD OF COUNTY COMMISSIONERS
                                                  MADISON COUNTY, FLORIDA
                                                         COURTHOUSE ANNEX
                                         MINUTES OF THE REGULAR MEETING
                                                 WEDNESDAY, MARCH 18, 2009
                                                                      4:00 P.M.
The Board of County Commissioners of Madison County, Florida met this day in Regular Session with the following members present: Justin Hamrick (District 1), Wayne Vickers (District 2), Renetta Parrish (District 3), Alfred Martin (District 4), and Roy Ellis (District 5). Also present were County Coordinator Allen Cherry, County Attorney George T. Reeves, and Deputy Clerk of Court Phyllis Lawson.
The Chairman, Honorable Roy W. Vickers, called the meeting to order and Solid Waste/Recyling Coordinator Jerome Wyche opened with prayer and pledge to the flag.
Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously (5-0) to approve the agenda as amended: (1) move Consent Agenda item # 3 – Resolution 2009-03-18B, Supporting the Town of Greenville’s Request to Designate the Entire Portion of US Highway 90 with the Town Limits of Greenville as Ray Charles Memorial Parkway to New Business Item #7.  
Under “Petitions from the Public”, Mrs. Marianne Green appeared before the Board to compliment the Property Appraiser’s office for putting together an information packet for the public so that they could better understand the process of filing for tax exemptions, value adjustment board petitions, etc.
Also under “Petitions from the Public”, Ms. Deloris Jones asked the Board to consider adopting a dress code ordinance encouraging males to properly wear their jeans, trousers, shorts, etc. without exposing their underwear. She also encouraged the Board to appoint someone to make sure Madison County gets its just share of Federal Stimulus money.
The minutes of the Regular Meeting held on March 4, 2009 were presented for review. Upon a motion by Commissioner Martin, seconded by Commissioner Parrish, the Board voted unanimously to approve said minutes as presented. 
Sheriff Ben Stewart informed the Board of two grants that his office is applying for in order to be able to place two part-time deputies in the Greenville area. The deputies will work weekends only beginning with the first weekend in April. One of these grants is a 3-year grant but the county must guarantee the position for at least one year longer than the grant. He also reported that another grant is being applied for that will supply a new building and equipment for the communications section of his department and also for the Emergency Medical Services.
Upon a motion by Commissioner Martin, seconded by Commissioner Ellis, the Board voted unanimously to approve the Consent Agenda (1. Resolution 2009-03-18, Authorizing the Chairman to execute an application to the Florida Fish and Wildlife Commission for a grant for a County Road 150 (Belleville) Boat Launching Facility; 2. Resolution 2009-03-18A, Authorizing the Chairman to execute an application to the Florida Fish and Wildlife Commission for a grant for Construction Improvements to the Boundary Bend Boat Launching Facility; (3. moved to New Business Number 7); 4. Proclamation to declare March 31, 2009 as Children’s Day in Madison County; 5. Resolution 2009-03-18C, Application for permit modification with the Department of Environmental Protection; 6. Budget Amendment request for Special Assessment-Fire Services; 7. Approval of General Release for Rick’s Crane Service, Inc. for damage to County Road 360). 
County Grants Coordinator Jim Parrish asked the Board for authorization to submit pre-applications to the U.S. Department of Agriculture (USDA) for grants to: (1) build a public safety building which will house the Sheriff’s communications unit and Emergency Medical Services; (2) build an agricultural/multi-use facility close to Interstate 10; and (3) build a Welcome Center for the Madison County Chamber of Commerce. A motion was made by Commissioner Martin and seconded by Commissioner Parrish to approve this request. The motion carried 5-0.
Mr. Charlie Revels and Mr. Paul Parsons of Colliers Dickinson Realtors of Jacksonville, Florida asked the Board to extend their current contract with Madison County for a period of 12 months to advertise and sell county-owned property near the intersection of Interstate 10 and County Road 255 on Dale Leslie Drive. After discussion, a motion was made by Commissioner Martin and seconded by Commissioner Ellis to approve the extension of this contract. The motion carried 5-0.
Solid Waste and Recycling Coordinator Jerome Wyche asked the Board to approve a sub-lease agreement with Recycle Tech Corporation of Lakeland, Florida for a Styrofoam Densifier Machine. Agencies wishing to partake in this arrangement must: (1) concur with a three-year use period; (2) sell all of the processed Styrofoam to Recycle Tech Corp at market price; and (3) pay a $1,000 fee for shipping, handling, installation and training. At the end of the three-year period, the county can then purchase the equipment at a cost of $100.00. After discussion, a motion was made by Commissioner Martin and seconded by Commissioner Parrish to approve the recommendation of Mr. Wyche. The motion carried 5-0.
County Engineer Bill Steves informed the Board that almost all of the landowners on Balboa Drive are willing to donate right-of-way to the County in order for this road to be paved. However, surveys of the whole road and maintenance maps for the areas not donated as right-of-way will be needed. Mr. Steves asked the Board for permission to start surveying and allow County Coordinator Allen Cherry to use his discretion as to whether or not a maintenance map is needed. A motion was made by Commissioner Ellis and seconded by Commissioner Martin that Mr. Steves’ request be approved. The motion carried 5-0.
Mr. Tommy Greene informed the Board that he was willing to donate crepe myrtle shrubs to be planted along State Road 53 to Interstate 10 in order to beautify the roadway. Mr. Junior Smith, Mr. Wayne Bass of Tri-County Electric and Mr. Daniel Plain all told the Board that while Mr. Greene’s offer was very generous, the trees would present a hazard to underground utilities and overhead powerlines in the area and would also be an expense to the County to maintain since the Florida Department of Transportation (FDOT) said they would not be responsible for their maintenance. Mrs. Marianne Green recommended that a committee be formed to study the situation. After further discussion, Mr. Greene stated that he was withdrawing his offer.
County Attorney Reeves presented a Notice for Request for Proposals for County Attorney Services for the Board’s approval. After discussion, a motion was made by Commissioner Martin and seconded by Commissioner Ellis that the notice be approved and advertised. The motion carried 5-0.
County Attorney Reeves also stated that the City of Live Oak and the City of Tallahassee currently had ordinances and were collecting fees for emergency responses. After further discussion, the Board by consensus agreed for the County Attorney to prepare an ordinance for their review.
The Board then entered into a Public Hearing for enactment of AN ORDINANCE OF MADISON COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE OF MADISON COUNTY, AS AMENDED; BY AMENDING SECTION 4.6-10 ENTITLED PRISON/CORRECTIONAL FACILITIES BY ALTERING CONDITION C. TO ALLOW THE EXISTING FACILITY TO EXPAND ON CONTIGUOUS COUNTY OR CITY OWNED PROPERTY; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Discussion followed led by Mrs. Jeanne Bass, County Planner. The hearing was opened for public comment but no one from the public responded. After discussion, it was noted that the Ordinance that was advertised was different from the Ordinance the Board had reviewed in their meeting packets. Mrs. Bass noted that the Ordinance to be approved was the same except minus Sections 2 and 3. After discussion, a motion was made by Commissioner Ellis and seconded by Commissioner Martin that the Ordinance be approved minus Sections 2 and 3. The motion carried 5-0.
After a short break, the Board reconvened. Clerk of Court Tim Sanders replaced Deputy Clerk Phyllis Lawson on the dais.
County Engineer Bill Steves and associate Mr. Scott Vockell of the engineering firm Reynolds, Smith & Hills gave the Board an update on the analysis of soil samples taken from an area around a buried fuel tank located behind the county’s newly purchased building adjacent to the Courthouse Annex. The tank was found while improvements were being made to the property for additional parking. Mr. Steves reported the laboratory results indicated contamination at the site over Florida Department of Environmental Protection (FDEP) approved levels. Mr. Steve Snipes of the Madison County Health Department was contacted and he referred Mr. Vockell to Mr. David Lubinski of FDEP. Based upon a conversation with Mr. Lubinski, Mr. Vockell recommended the Board proceed with removal of the soil around the tank and collection of soil samples for testing around the perimeter of the excavation, followed by backfill of the site and completion of parking lot. He also recommended the installation of one (1) monitoring well in the source area 30 days after completion of the soil removal. Upon a motion by Commissioner Martin, seconded by Commissioner Hamrick, the Board voted unanimously to move forward with the soil sample testing and excavation of the contaminated tank site.
The Clerk reported the following two (2) responses to an “Invitation to Bid for Drug Testing Sevices” were submitted: 1) Madison Drug Screening & Detection by Lashanda Williams of Madison, and 2) Airport Clinic, Inc. by Steve Graham of Valdosta. Mr. Reeves advised the Madison Drug Screening & Detection bid did not include a required Certificate of Insurance in the amount of $1,000,000. He also advised the Board had the authority to waive the bid requirement. Commissioner Ellis stated there was basically one qualified bidder and made a motion, seconded By Commissioner Hamrick, to accept the bid by Airport Medical, Inc. Motion carried unanimously.
Mr. Sanders also reported the receipt of a letter from Mr. Marlin M. Feagle, Esq. dated March 2, 2009 regarding an invoice for January and February 2009 Rent Assessment in the amount of $1,292.16 for the Office of Criminal Conflict and Civil Regional Counsel located in Lake City. Mr. Cherry reported other counties in the Third Judicial Circuit have indicated to him they are not going to pay said per capita based costs for the lease of office space for said Conflict Counsel. The Board by consensus directed the Clerk to not pay said invoice.
The Clerk presented A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, RECOGNIZING THE IMPORTANCE OF THE DUTIES AND RESPONSIBILITIES OF THE LOCALLY ELECTED CLERK OF THE CIRCUIT COURT TO THE CITIZENS OF MADISON COUNTY, FLORIDA. Mr. Sanders reported legislation proposed in the current session of the Florida Legislature threatens the constitutional role of the Clerk in that it seeks to shift court-related duties of the Clerk and place it under the control of appointed court administrators in Lake City or Tallahassee. Upon a motion by Commissioner Ellis, seconded by Commissioner Martin, the Board voted unanimously to approve said resolution with the following amended language in italics: “1. Oppose any legislation that would remove the constitutional funding and statutory court-related functions of the elected Clerk of the Circuit Court and ……”.
Regarding the proposed Resolution supporting the Town of Greenville’s request to designate the entire portion of U.S. Highway 90 within the Town Limits of Greenville as Ray Charles Memorial Parkway, Commissioner Parrish reported citizens have expressed a concern, based upon his contribution to the community, about the additional recognition of the late Ray Charles by the Town of Greenville. She added that Greenville already has a street named in Ray Charles’ honor, along with the preservation of his boyhood home and a monument in the park. With that said, Commissioner Parrish made a motion, seconded by Commissioner Ellis, to decline said resolution. Motion carried 4-1 with Commissioner Martin opposed.
The County Attorney reported the Aucilla Area Regional Landfill has declined to purchase the county-owned tract adjacent to the landfill property at this time due to materials that may have been dumped on the property years ago. He stated the cost of an environmental Phase II audit of the property could probably be recouped if a part or all of the property is sold. The Chairman asked Mr. Cherry to investigate the costs of said Phase II audit and agenda the matter for the next Regular Meeting.
Mr. John Ovenden of Madison Florida Voice asked the Board to advertise county notices on his new on-line newspaper. The County Attorney advised true legal advertising must meet statutory requirements found in Chapter 50, Florida Statutes, which requires an actual newspaper with a mailing permit. A motion was made by Commissioner Martin and seconded by Commissioner Ellis to amend the agenda to consider said proposal. Motion carried 5-0. Mr. Cherry distributed a proposal from Mr. Ovenden to post small-sized notices on the on-line newspaper for thirty (30) days at a cost of $30.00. The Board by consensus agreed to allow Mr. Cherry to meet with Mr. Ovenden to determine potential costs to the county for his on-line services.
The County Coordinator reported the Scruggs Company was recently awarded a bid for paving at $71.00 per ton of asphalt and would honor said bid amount to resurface St. Thomas AME Church Road at a total cost of $123,574. Road Department Coordinator Robert Henderson reported the bid would be honored for fifteen (15) days. Chairman Vickers asked that the matter be agendaed for the next Regular Meeting.
Mr. Cherry also reported owners of the property situated immediately north of the county-owned Rocky Ford Collection Center would like to give the county a perpetual easement over their property on the existing road to access western portions of said county-owned lands. The Board by consensus agreed to proceed, as determined previously, to build a road within the boundaries of said county-owned land to access the entire parcel.
Mr. Cherry reported Dr. Clouser from the University of Florida’s Institute of Food and Agriculture Sciences (IFAS) would be at the next Regular Meeting to facilitate a planning workshop for the Board and Department Heads.
Mr. Cherry also reminded the Board of the Florida Association of Counties Legislative Day in Tallahassee on March 25th
Commissioner Hamrick inquired about the status of the new Cherry Lake Park boatramp. County Engineer Bill Steves reported bids would be advertised for improvements to said boatramp in two weeks.
Commissioner Parrish reported the Small County Coalition new commissioner mentoring program has been very helpful. She also updated the Board on the status of the new Senior Citizens Center building.
Commissioner Ellis asked for clarification on the NOTICE OF NON-COMPLIANCE found in the Commissioner’s packet regarding Twin Oaks Juvenile Development, Inc. revenue bonds through Madison County. Mr. Reeves advised said notice has no effect upon Madison County and was placed in the packet for the Commissioners’ information. 
There being no further business, the Chairman adjourned the meeting at 7:05 P.M.
                                                                        Board of County Commissioners
                                                                        Madison County, Florida
                                                                              Roy W. Vickers, Chairman
Tim Sanders, Clerk to the Board of
County Commissioners

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