Board of County Commissioners

Gadsden County, Florida

 

AGENDA

 

Regular Public Meeting

March 1, 2011

6:00 p.m.

 

 

Invocation, Pledge of Allegiance and Roll Call

 

Invocation

Pledge of Allegiance

Roll Call (Muriel Straughn, Deputy Clerk)

  Ground Rules by Chair – Profession Venue – We will respect you and listen.  Otherwise, any issues must be addressed to the board and not to individual commissioners.

 

               

Amendments and Approval of Agenda

    Brenda Holt – asked for removal of County Manager to be added - no second

Holt requested to add the Indefinite suspension of - 

Morgan/Lamb approve agenda as written  – 4 – 1(Holt)

 

Awards, Presentations and Appearances

 

Clerk of Courts

               

1.            Presentation of County Finance and County Clerk Issues

                (Nicholas Thomas, Clerk of the Courts)

 

   Consent Lamb/Morgan 5 – 0

                                                               

2.            Ratification of Approval to Pay County Bills

 

3.            Approval of Resolution Number 2011-008 Approving the State Housing Initiatives             Partnership Program (SHIP) Local Housing Assistance Plan FY(s) 2011-2012, 2012-       2013 and 2013-2014

                (Clyde Collins, Building Official and Phyllis Moore, SHIP Administrator)

 

4.            Board Approval to Renew EMS Consultant Agreement for Ambulance Claims and             Authorize the Chairperson to Sign

                (Don Crum, EMS Director)

 

5.            Approval of Change Order Number 1 to the Contract with North Florida Construction     Inc. for Drake Acres Park Renovations

                (Charles Chapman, Public Works Director)

 

Items Pulled for Discussion

 

Citizens Requesting to be Heard on Non-Agenda Items (3 minute limit)

 

Floyd Banks   400 Foxfire Court asked to lend time to Sam Palmer – denied 

Helen Robinson   282 Dogwood Trail – asked to lend time to Sam Palmer - denied

Leonard Robinson    282 Dogwood Trail – asked to lend time to Sam Palmer – denied – complained that he could not hear the Clerk

 

William Chukes   902 Conyers St.  Quincy, FL – has some concerns – Don’t know if allocations are true or not, but objected to bringing in out of town person to be administrator. 

There is a problem that needs to be addressed.

 

James Palmer   329 South Adams St.  requested to yield to Sam Palmer – denied.

 

Sam Hawkins   Concern is the county manager – lawsuits that have been filed.  Fired from every job as manager.  He orchestrated court case.  County Policy – why does the county manager carry a hand gun when employees can not.  Why does the board allow him to fire blacks?  Bought votes by commissionersand under investigation. 

 

Sam Palmer   1225 Berry St. Quincy, FL  - Concern  - lawsuits and discrimination by the county manager.  By taking no action, you, as  commissioners, are just as guilty.  NAACP Resolution placed into the record.   Requesting resignation of Johnny Williams and leave of absence by Doug Croley. 

 

Bishop Willie C. Greene   read statement into the record.  Made four requests regarding acts of alleged racism and discrimination.

 

Dale Landry   1940   ?  Tallahassee, FL  NAACP -  In Gadsden County to deal with racism.  Alleged fraud in the election.  There is  a whirlwind coming forward.  March 17, NAACP will be in Gadsden County to organize protest.  We are going to fix this.  You know what we are getting ready to do.  It is also at the national level. 

 

Joseph Wright   4873 Lakepark Dr. Tallahassee, FL  Southern Christian Leadership – More global issue.  Only 3 black people are in supervisory position in Gadsden County.  There is an apartid situation in Gadsden County.

 

Vivian Jackson Mitchell   District 2 – real concern about information that was shared at the last meeting she attended that turned out not to be correct.  Concerned about the authority invested to the county manager This afternoon she was told that the county manager said they could not have a rally nor on county grounds.     

 

  Clarence Tennell (?) – Left Quincy 50 years ago and returned.  Don’t want to go back to the 40’s and 50’s.  Quincy is better than that.

 

Pastor John Battles – Not present at time he was called.

 

Jermal Rolle 1510 – Tallahassee, FL. – When people cry out – they are due a response for justice.  Citizens are asking that during the investigation, manager be placed on paid leave.  If he is cleared then citizens can find encouragement in their leadership.   Until it is determined whether he was right or wrong that he should take leave.

 

Lucas Milton    - addressed Douglas Croley personally and Chair asked him to relinquish the remainder of his time.

 

Louis Batiste – Tallahassee, FL  - Injustice has occurred.  Justice must prevail.         Take a stand for what is right and just. Asked them to become humble and lose the arrogance.

 

 

  Chair Taylor’s response to above remarks.  Concerns did not fall on deaf ears. 

 

Commissioner Holt asked the Chair to explain that process.  

 

 

Public Hearings

 

6.              Public Hearing - Adoption of Ordinance Number                      to Implement the         Provisions of Section 286.0115, Florida Statutes Relating to Ex Parte Communications                 Involving Non-Quasi Judicial and Quasi-Judicial Local Land use Matters

                (Deborah Minnis, County Attorney)

 

Chair Taylor opened the public hearing regarding the adoption of Ordinance. 

 

Attorney Debra Minnis explained the ordinance.    

 

                Chair called for public comments:

 

Sam Hawkins -   It seems that it deters a citizen from speaking  confidentially to their commissioner.

 

 Marion Laslie 5 Dante Court, Quincy  

Arrie Battles   919 Harden Street, Quincy, FL

 

Chair called on the Commissioners to make comments. 

 

Croley – it pertains only to Land Use Matters

 

Holt  Is there any type of punishment?  No.  It tries to foster disclosure so that the prejudice does not exist.  Holt - This ordinance was not necessary – it is a waste of money. 

 

Morgan   - Understand public concerns.  Do not want to limit the ability for the public to approach a commissioner.  This law allows more opportunity to get input from the local folks.  Question:  What about specific communications between a commissioner and a sitting P & Z member?  This statute does not deal with that.   Clarification on that issue would be helpful. 

 

Lamb:   Move forward – it is here. 

 

Taylor:    If called by a constituent, she will go- then disclose the communication.  Needs some language geared toward Gadsden County.

 

Lamb/ Morgan Move Option No. 3 is to revise the Ordinance based on further instructions by the Commission.  5 – 0

 

 

  

 

7.              Public Hearing – Adoption of Ordinance for Comprehensive Plan Text Amendment(s) to Policy 1.1.5(D) Neighborhood Commercial (Anthony Matheny, Planning and Community Development Director)

 

Chair Taylor announced the opening of a public hearing. 

 

Anthony Matheny explained the ordinance.  Response was received from DCA without any concerns.

 

Called for public comments:

 

Marion Laslie, 5 Dante Court, Quincy. -   Concern with definition of roads – local road, collector road, etc.   Item 2 on Page 1  - Intersection  - She would like to see the definitions to be more specific.  Would like to have an idea as to when a local road becomes a collector road.  

 

Special Exception – do the neighbors get notified when special exceptions are granted.

 

Chair called for other public remarks. 

 

Matheny – some of Ms. Laslie – the definitions are addressed in other parts of the plan.    Notification of special exception is 1,000 ft.  It could be changed to make it encompass a larger range for notification.   Special Exceptions can be denied by the BOCC. 

 

  Morgan remarks – Citizens Bill of Rights – how will this affect this ordinance –

 

Does a special exception require a supra majority vote?   Don’t know.

 

  Croley remarks -  Notifications will fall under the requirements of the Citizens Bill of Rights. 

 

  Holt remarks – Concern is that this stops growth.  Nothing in this ordinance promotes growth.  We lose businesses because we keep tightening up the criteria. This is not a good thing at all.      Requested that this be work shopped again. 

 

  Holt remarks.  What is the recourse for citizens if their project is not approved?   Bert-Harris Act. 

 

  Taylor’s remarks. 

 

Lamb/Croley approve the Ordinance

 

Question by Holt -   We should have something for the large businesses and the Mom and Pop businesses.  Small businesses should not be held captive to this ordinance.  

 

Vote – 4 – 1 (Holt)

    

 

General Business

 

8.            Approval of Naming the Shelfer Park Project as the Eugene Lamb, Jr. Community Park at Richbay  Charles Chapman, Public Works Director – Name was requested by Shelfer Park Steering Committee to be formally named as stated above.

               

                Nell Cunningham 310 Bostick Road, Havana, FL 

 

   Taylor motion to name the park as requested/Croley  5-0

 

  Commissioner Lamb’s response – very humbled by the action.  Driven by a desire to provide park to young people. 

 

9.              Discussion of the Fiscally Constrained Amendment 1 Distribution

Holt    favored summer youth work

 

Lamb:  Safety – consider funding three deputy position.  # 1

 

  Morgan – consider Clerk’s remarks.  Property Appraiser – declining values;  State Revenue is declining; fuel and operation expenses are increasing.  Should bank the money to have sufficient fund reserves for the future.

 

  Croley – Concurred with Commissioner Croley – facing hard times – not in a position to spend the money right now.  Spending it will do more harm. 

 

  Taylor – spend now or spend later – summer employment for youth.  It will give State an indication that we don’t need it if we bank it.  Hire 45 young people at $75,000 to be administered by the county.  Put $114,000 into contingency funds. 

 

Staff will bring this back for a vote later. 

 

  County Administrator – recommend put in fund balance.

 

 

10.            Discussion of the Sheriff’s Request for Three (3) Deputy Positions

                (Jeff Price, Sr. Management and Budget Analyst) 

 

Major Wood from Sheriff’s Office present   - having a crime spree that has not been seen since late 80’s and early 90’s.  Increase in violent crimes on persons. 

 

Croley  - how much has crime increased in District 1 and 2?  Drastic – 100 crimes in that side of the county.  Isolate areas with more patrols.  Population is growing on that side.  Become more preventive in how they do things. 

 

Where will these three positions serve?  Reality is that we’ve got many different jobs to do.  All people want the patrols there and in a hurry.  Right now, the problem area is District 1 & 2.  Cannot forecast the future.  He can only speak to the need that is immediate. 

 

Croley – would like to see a better plan to see what these deputies are expected to do.  

 

Captain Robert Barkley -       We do have a plan. 

 

  Morgan – Question – Is there a higher priority in the Sheriff’s office than getting three more deputies?   - Right now we are focused on the areas where crime has been increased so drastically.  There is not a greater priority.  

 

How many deputized people on staff?   21 on the road 7  in investigations 6 sworn as bailiffs and others at the jail. 

 

What consideration has been given to shifting others over into these areas?   Have already shifted those with more experience.  Now, must replace less experienced into special operations group.  Pulled from investigation and patrol. 

 

The Sheriff’s Dept has largest part of the county budget.  How can the Sheriff meet us half way in order to facilitate this cost?   They have already been meeting with municipal police departments – consolidating IT, etc.  Trying not to duplicate services that are available through the county.  

 

  Lamb – asked the administrator to put this matter on the agenda.  This is a need- not a want. 

 

  Holt – This is a no brainer.  They need deputies.  Give them the deputies.  Don’t argue this one.  Citizens deserve safety, especially in a bad economy. 

 

Motion:   Lamb/Holt – put this on the agenda for action for at least two deputies.  Croley asked for plan to be a part of the motion.  He is not opposed to  any particular number.  But want to see documentation.   Vote:  5 – 0

 

 

11.            Review of Medicaid  - Jeff Price, Sr. Management and Budget Analyst  - There is going to be re-billing going back for 10 years.  The state is in process of  doing this.  We do not know what the numbers will be.  Staff is monitoring it.  It will be budgeted into the FY 2012.  In the event we are re-billed for amounts more than is budgeted, the county will be given a period of time to pay it. 

 

  Morgan’s remarks – if this is a valid concern, it is more reason to bank the fiscally constrained money.

 

Is it possible that we have overpaid?  It is possible. 

 

Is there a way to challenge whatever bill they send once re-billing is completed?   Yes.

 

Keep watchful eye on this.   

 

12.            Discussion of Emergency Housing Repairs  Jeff Price, Sr. Management and Budget Analyst)  Contingency reserve is $57,000.  

 

  Possibly contact faith based organization and couple it with summer youth program? 

 

Motion by Chair Taylor/Lamb – bring this back as an agenda item.  5-0(Croley) 

 

   13. Discussion of the Governor’s Proposed Budget for Fiscal Year 2012

                (Jeff Price, Sr. Management and Budget Analyst)

  Morgan – Are the words falling on deaf ears?

 

  Taylor – we are staying within our budget.  We must provide service.

  

County Administrator

 

14.          Update on Board Requests

                (Johnny Williams, County Administrator)             

 

 

 

County Attorney

                 

15.          Update on Various Legal Issues

                (Deborah Minnis, County Attorney)

 

Discussion Items by Commissioners      

 

16.

               

                   Commissioner Lamb, District 1  - no further items

               

                   Commissioner Croley, District 2 – Goal # 1 – read into the record.  Bear that in mind

                                                                                    

                   Commissioner Holt, District 4 – Paving of Lewis Lane – north of the Farms near the Georgia line.  Motion by holt/Lamb Bring this back on next earliest agenda. 5-0

 

  Firing of County Administrator – when employees are upset and the constituents are upset because of actions of the management – resulting in firings.  Some of those fired individuals don’t even have their homes anymore.  They are upset about how we are doing things.   It is the lack of leadership and supervision.   Each meeting she will continue to put forth the firing of the county administration.  There is no need to aggravate the racist issue any longer. 

 

Motion to remove the manager this night.  Motion died for lack of a second. 

 

 

  Ms. Minnis’s response to remarks made by Commissioner Holt.  

 

 

 

   Commissioner Morgan, Vice Chairman, District 3 –

Opposition to Privatizing Florida State Hospital Resolution Number 2011-009

                Update on the DOT Lighting at the Chattahoochee and Gretna Exchanges

Code Enforcement Issues

                                                                                               

                   Commissioner Taylor, Chairperson, District 5 –

 

 

 

Motion to Adjourn                         

 

Receipt and File

 

17.

 

a.            For the Record:  Letter from the Clerk of the County Court Regarding Fund Summary      Financial Statement

 

b.            For the Record:  Letter from the Clerk of the County Court Regarding Cash Report

 

c.             For the Record:  Letter from the City of Gretna Regarding Voluntary Annexation of          Parcels into the City of Gretna

 

 

March Meeting(s)

 

                - March 15, 2011, Regular Meeting, 9:00 a.m.