SEMINOLE COUNTY COURTHOUSE, MAIN COURTROOM, 2ND FLOOR
MONDAY, AUGUST 11, 2009
The Seminole County Board of Commissioners held their Regularly Scheduled Monthly Meeting on Monday, August 11, 2009. The meeting was held in the Superior Courtroom located on the second floor of the Seminole County Courthouse. Those present were, Chairman Tommy Rogers, Vice-Chairman Alton Harrison, Commissioner Dell Shingler, Commissioner Scott Miller, Commissioner Brenda Peterson, County Administrator Marty Shingler, Clerk Donna Jones, and several interested citizens.
The meeting was called to order by Chairman Tommy Rogers
Pastor John Peterson gave the invocation.
The Minutes from the Regular Meeting July 20th, 2009 and the Public Hearing/Called Meeting for July 31st were approved on a motion made by Commissioner Alton Harrison with the second by Commissioner Scott Miller. Motion passed.
Constitutional Officer and County Officer Response:
E-911 Director, Paula Whaley, was not available for tonight’s meeting; however, Ms. Whaley had a handout prepared that prioritized her needs in the E-911 Center. Previously Ms. Whaley had asked to have two (2) trunk lines added to the existing three (3) in order to better handle the amount of calls coming into the E-911 Center.
Currently Ms. Whaley reports that due to its age, the logging recorder will no longer be covered under complete maintenance by Motorola at renewal. Ms. Whaley wishes to prioritize the logging recorder and has a quote from DSS Corp for a new recorder at a cost of $25,000. After Ms. Whaley obtains two more quotes she will present them at the September meeting.
Citizen James Jones addressed the Commission about the condition of Newberry Church Road. Mr. Jones reported that the road has been a problem for the forty (40) years that he has been living there. Jones stated that the road washes out every time there is a heavy rain and he is asking the road department to spread some gravel or other stabilizing material to the top of the road in the areas that are in the worse condition.
During the last severe rain storms we had a few months back, the road was washed out and the pipes that ran under the road were displaced causing a severe ditch across the road.
Chairman Rogers stated that we were aware of the situation and are addressing that road with others that washed out during the flooding rains.
This area is where several thousand acres of farmland come together and the heavy rains caused the soil to fill in pipes quicker than they could drain out. New, larger pipes have been ordered to do a better job of handling the runoff.
After a brief discussion, the matter of allowing former employee, Frankie Lawson, to draw early unreduced retirement from the County’s GEBCorp Defined Benefit Plan. County Attorney Kenneth Hornsby advised that to allow one former employee to draw from the plan would set a legal precedent that could come up again in the future. The matter was dropped due to lack of a motion.
The Ordinance requiring end-gun shut-offs on farm irrigation systems was approved with a motion by Commissioner Alton Harrison and the second by Commissioner Dell Shingler. In order to give farmers time to comply, the Ordinance will go into effect March 1, 2010. Motion passed with Commissioner Scott Miller abstaining. This Ordinance is a follow-up from the public hearing held July 31, 2009.
County Manager Marty Shingler reported on a conversation he had today with County Agent Rome Ethredge. Rome reported that there has been $2 million allocated in the Federal Basin on a 75/25 basis to retrofit or put end-gun shut-offs on their systems. Rome further reported that the program ends Friday and several farmers have already applied.
Commissioner Dell Shingler asked who was supposed to be enforcing the State Ordinance on State roads. Chairman Rogers asked County Attorney Kenneth Hornsby if the County could enforce the Ordinance on State Roads. Mr. Hornsby stated that he believed that we could appoint someone to enforce the Ordinance on our roads as well as state roads the same as we can write traffic citations on all roads.
Commissioner Dell Shingler made the motion to have the County Code Enforcement Officer responsible for enforcing the new Ordinance. Commissioner Brenda Peterson provided the second. Motion passed with Commissioner Scott Miller abstaining.
The Commission reviewed the need to have an Ordinance written to control the filling in of roadside drainage ditches with soil. This is a result of farmers harrowing too close to the roads as well as farmers purposely filling in ditches to build a makeshift driveway to move farm equipment from one field to another. Other causes can be vehicles turning around in roads and causing the collapse of the side of ditches.
The Ordinance is necessary in order to address the issue for future occasions where we may need FEMA assistance. The County has been informed that if they do not develop an Ordinance, we will not be eligible for FEMA assistance to clean out the ditches in the future.
County Attorney, Kenneth Hornsby, was assigned the task of researching the issue and developing an Ordinance.
The vote on updating the “Flood Damage Prevention Ordinance” was postponed until the next meeting in order to allow the Commissioners to thoroughly read the Ordinance. Again by order of FEMA, this Ordinance will need to be put in place in order for homeowners to continue to have access to flood insurance. FEMA has instructed the County to update the Ordinance that was put in place in 1999. The new Ordinance is necessary to tie it into the recently released updated flood maps.
A Noise Ordinance was adopted by a motion from Commissioner Brenda Peterson with a second by Commissioner Alton Harrison. Motion passed. It reads as follows:
Seminole County Noise Ordinance
Noise from radios, cassette players, etc.
(a) It shall be unlawful for any person to play, use, operate or permit to be played, used, or operated any radio, tape recorder, cassette player or other machine or device for reproducing sound, if the sound generated is audible at a distance of 100 feet from the device producing the sound and if it is located in or on any of the following:
(1) Any public or private property, including any private or public street, highway, building, sidewalk, park or thoroughfare within Seminole County; or
(2) Any motor vehicle on private space or a public space, street or highway.
(b) It shall be unlawful for any person to operate any motor vehicle on public or private space within the county in or on which the motor vehicle there is then being played, used, or operated, any radio, tape recorder, cassette player, or other machine or device for reproducing sound if the sound generated is audible at a distance of 100 feet from the device producing the sound.
(c) Any authorized public safety officer shall issue a summons for any violation of this section, except that they may arrest for instances when:
(1) The alleged violator refuses to provide the officer with such person's name and address and sufficient proof thereof as may be reasonably available to the alleged violator;
(2) When the alleged violator refuses to cease such illegal activity after being issued a citation.
On a motion made by Commissioner Scott Miller and a second by Commissioner Dell Shingler, the Commission entered into Executive Session for a personnel matter as well as a real estate matter.
On a motion by Commission Alton Harrison and a second by Commissioner Scott Miller the Commission re-entered the Regular Meeting.
On a motion by Commissioner Scott Miller and second by Commissioner Brenda Peterson, the Commission agreed to have County Manager, Marty Shingler, go forward with the property sale to Mr. Wendell Brinson. Motion carried.
Commissioner Dell Shingler made the motion to approve an ad being placed in the Donalsonville News to ask for volunteers to serve on Census 2010 committees. Commissioner Brenda Peterson provided the second. Motion passed.
Plans are in process for a retreat for the Commission to make future plans for the County’s construction projects etc. That retreat is tentatively set to take place at the Colquitt County Courthouse Annex located in Moultrie and will be scheduled for September.
The County is looking for volunteers to serve on committees for the upcoming 2010 Census. Those citizens wishing to volunteer should contact the Commissioner’s Office at 524-2878.
With no further business to discuss, the meeting was adjourned on a motion made by Commissioner Brenda Peterson, seconded by Commissioner Scott Miller with Commissioners Alton Harrison, Dell Shingler and Chairman Tommy Rogers voting yes.
ADOPTED THIS __________ DAY OF SEPTEMBER, 2009
SEMINOLE COUNTY BOARD OF COMMISSIONERS
DONNA JONES, CLERK