AT A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD IN AND FOR GADSDEN COUNTY, FLORIDA ON TUESDAY, APRIL 5, 2011 AT 6:00 P.M., THE FOLLOWING PROCEEDINGS WERE HAD, VIZ.
PRESENT: Sherrie Taylor, District 5, Chair
Gene Morgan, District 3, Vice-Chair
Eugene Lamb, District 1
Doug Croley, District 2
Brenda A. Holt, District 4
Nicholas Thomas, Clerk
Debra Minnis, County Attorney
Johnny Williams, County Administrator
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG
ROLL CALL
The roll was called by the deputy clerk and recorded as stated above.
Chair announced:
· American Red Cross Representative present.
· Speaker Request Forms
AMENDMENTS TO THE AGENDA/APPROVAL OF THE
AGENDA
· Add: OMB BA - #110047 Item 16A
· TCC Lease Agreement of the Sheriff’s Office - 18A
Lamb/Holt approve amendments to the agenda 3 – 2 (Morgan/Croley)
AWARDS, PRESENTATIONS AND APPEARANCES
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1. |
Request
for the county to apply for a Community Development Block Grant - Infrastructure Grant to install sewage
lines from City of Quincy along U.S. 90 to Development by Charlie Harris Gussie’s Garden Assisted Living Facility was originally approved conceptually in 2005. Mr. Charlie Harris addressed the board and briefed the board as to his development on US 90, which was approved for an assisted living facility. Growth Management Director Anthony Matheny addressed the board in response. He stated it was not appropriate for the county to apply for the grant until Mr. Harris brings a Preliminary Site Plan. Once it is reviewed, the project can go forward through the process. Commissioner Holt – letter was sent to him by the County. County requested fence, storm water, garbage bin built, parking facility, fire lane, Next step is a Preliminary Plan Approval Application. Staff instructed to be more aggressive in helping Mr. Harris - look at the stipulations of the grant application. Commissioner Morgan – wants to be helpful towards the project. Worst mistake is to not do this in the appropriate manner. Can he resubmit his former plans to re-initiate the process. Auburn Ford answered questions of the commissioners. Commissioner Croley questioned Mr. Ford. Commissioner Holt/ Commissioner Lamb motioned that the board to allow the administrator and staff to start the application process to move simultaneously with the P & Z process of getting all approvals and permits issued. 5 – 0 unanimous approval. |
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2. |
Presentation
of Candidate Project Methodology for the Small County Outreach Program
(SCOP) with the Florida Department of
Transportation Chris Forehand, Preble Rish Engineering, explained the criteria by which FDOT decides which roads are funded once the applications are made. He told them which projects are likely to be funded based on that criteria. He presented the long range plans. He recommended they study the data and be prepared at the April 19th meeting to decide which project to make the application for. Commissioner Morgan questioned Mr. Forehand. Commissioner Croley – needs to inform the CRTPA and also adopt a plan to follow. Chair Taylor – asked each commissioner to submit roads for the criteria. Commissioner Holt – would like to hear what Robert Presnell has to say about this. Would like to see the statute that states payment to the engineer’s should be 10%; wants other roads to be considered. |
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CLERK
OF COURT AGENDA |
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3. |
Presentation of County Finance and County Clerk Issues No report. |
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CONSENT
AGENDA Pull Item 10, 11, 12 Morgan/Holt approve remainder of the consent agenda. |
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4. |
Approval
of Minutes of February 22, 2011 Joint Meeting with GHI |
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5. |
Ratification of Approval to Pay County Bills Accounts Payables Dated: March 18, 2011 March 25, 2011 April 1, 2011 Payroll Dated: March 24, 2011 |
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6. |
Approval of Grant 11-DS-9Z-02-30-01 Homeland Security for Planning, Training, Functional Exercise and Post disaster Redevelopment - Total Amount $49,798 it is a non-matching federally funded gran. CFDA 97 .067 |
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7. |
Approval
of Declare Fire Truck as Surplus and Donate it to the City of Gretna;
Approval Property Record Disposal Record and Remove Vehicle from County’s
Insurance Carrier and Inventory Co. Property Tag Number A-490; SN C17DE9V155860 |
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8. |
Approval and Acceptance of 2010/2011 Grant County Award Contract No. C0020 from the Florida Department of Health, Bureau of Emergency Medical Services Grant ends April 13, 2012 (Pre-hospital EMS System Resolution 2011-013; Budget Amendment OMB BA 110042 |
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9. |
Approval and Execution of Florida Broadband Capacity Implementation Grant Agreement LSTA - $40,882 – 10-LSTA-D-02-C CFDA 45.310 |
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13. |
Approval
of Albritton Electrical Services, Inc. as the Contractor to Install the
Generator at W.A. Woodham Building $43,750.00 |
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CONSENT
AGENDA ITEMS PULLED FOR DISCUSSION Motion to approve 10 - 11: Holt/Morgan approve – 4 – 0; Commissioner Croley abstained. Conflict form filed with clerk. |
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10. |
Approval of Task Order Number 228.14 Authorizing Preble Rish Engineering to Perform Services for the Talquin Avenue Surfacing Project Holt |
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11. |
Approval
of Task Order No. 228.115 Authorizing Preble Rish Engineering to Perform
Engineering Services for the Joe Knight Road Surfacing Project |
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12 |
Approval
of Task Order Number 228.116 Authorizing Preble Rish Engineering to Perform
Services for the Fortune Boulevard Re-Surfacing Project |
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CITIZENS
REQUESTING TO BE HEARD Ed Allen asked to speak to administrator’s evaluation. |
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PUBLIC
HEARINGS |
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14. |
Approval
of Resolution Number 2011-012 and Budget Amendment OMB-BA # 110032 to the FY 2010/2011 Budget to Recognize
Increase in the Fiscally Constrained Amendment 1 Distribution and Funding for Two Sheriff’s Deputies and
Apply the Balance toward Summer Jobs Amount received from fiscally constrained counties - $132,951 Proposed: 2 Deputies for remainder of 2011 – 73,897.00 Summer Youth Jobs - 59,054.00 Chair called for public comments. There was none. Sheriff’s Deputy – public safety Summer Youth – Social Services It may inappropriate to lump them together. What happens if the county cannot continue to fund these programs? Captain Barkley asked to address the question. Summer Youth Program has no plan. He cannot support it. He can support the deputies. Asked that the two be separated. Chair Taylor – Commissioner Morgan – they are two separate items. Clarified the funding source – the amendment one dollars can be used to place into fund balance. If we don’t save some money, there are going to be lay-offs and furloughs. In agreement to fund the Sheriff’s position. Can’t see youth summer jobs as being a necessity in the economic environment. Commissioner Lamb – proposed the deputies originally and continues to support it. Proposed each district to get a portion of funds for summer youth program. Commissioner Holt - We need the deputies. We also need those jobs. Most crimes committed in Gadsden County are by youth. Need to sit down and hammer out how it is to be done. Just get them off the street. Chair Taylor – the reason that they are together is because they are coming from the same funding source. Motion to divide the question
Croley/Holt 5 - 0
Motion to approve the
deputies Croley/Holt – 5 – 0 Morgan/Croley
to put remainder in fund balance 2 – 3
failed. Croley/Holt
move forward, but it be spread around the county to work with the
municipalities and the school board to work
throughout the county $59,054 4
– 1 (Morgan) |
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GENERAL
BUSINESS |
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15. |
Approval
and Execution of Resolution Number 2011-014 and OMB- BA# 110045 Recognizing contributions from Friends of the Library - $10,000.00 Local Contribution and donations 600.00 Holt/Lamb
approve 5 – 0 |
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16. |
Discussion
of Ordinance 2010-005, Citizens Growth Management & Planning Bill of
Rights (CBR) Diane Sheffield - Chair of the Planning Commission – asked to remind the board that there was a unanimous decision of the Planning Commission. She asked to speak to the citizens. She stated that she feels that it is vitally important for citizens to have the notification about proposed developed. Questioned the expense. Citizens deserve to know where there is a development that will affect their way of life. Pastor John Battles – Why didn’t the board put it on the ballot as a referendum? No business is coming here as long as this measure is in place. How would this bill of rights have helped the family Dollar Distribution Center to come to Quincy rather than Marianna. Sam Parmer – went to Charlotte, N.C. Seemed like a dead county. CBR is a bad bill. The citizens of the State of Florida voted it down. Why would the County want it? Asked to put it on the ballot and repeal it. Ed Allen – Sits on the P & Z Commission. Discussed the bill in its entirety. Everybody has a right to know what is going on in their community. Commissioner Holt – it should have been put on the ballot. It was done in reaction to the biomass plant in Gretna. Commissioner Lamb – we were hasty in approving it. We need to go back and look at it. It is not business friendly. Would approve a referendum. Commissioner Croley – there is a gross misunderstanding. There is nothing in the bill of rights that - The map is correct. Nothing in the bill of rights that would prohibit someone from replacing a mobile home or upgrade their home. If there are areas that have been incorrectly zoned, it should be corrected. As far as the cost or negative impact of development, if you are already zoned appropriately, the bill does not affect them. Deborah Minnis – her instructions when the ordinance was created. We want time to take another look at it. Schedule special meeting for the first meeting in may at 4:30 to discuss this. Chair Taylor/Holt - Motion to bring back at a Special Meeting at First Tuesday May at 4:30 p.m. to have Mr. Matheny and the attorney to give explicit clarity to some misconceptions about this ordinance . 5 - 0 Budget
Amendment – Lamb/ approve the amendment to move $10,000 for Video Services 3 – 2
(Croley & Morgan) BA 110047 |
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17. |
Approval
to Award Bid Number 11-01 for Video Recording Services of the County
Commission Meetings Lamb/Holt
Croley
Abstain from Voting he is in a lawsuit with Mr. Southerland 3 – 1
approve video services Begin at next meeting.
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18. |
Approval to Request Lease Agreement with Florida Division of Forestry for Expansion of Pat Thomas Park at Lake Talquin Estimated Cost - $300.00 per year for 25 – 30 years. Any extra expense will be offset by the new revenue to be generated. Lamb/Holt approve 5-0 |
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18a. |
Use of
Woodham Justice Center – Quincy Police Department desires to co-locate the Quincy Police Department with the Sheriff’s office. Commissioner Morgan – This might be a very good solution. How we go about doing this is critical. The proper time to do that would be after the BOCC receives all the information and approves it. Sheriff Young is putting together a plan whereby the city will pay for a prorated share of the expenses. Commissioner Holt – It is a good idea and would like to see it move forward. Commissioner Croley – Chair Taylor – The county administrator is over the buildings, not the board. The idea is a good one. It appears to be a win/win situation. We cannot put together a lease negotiation until TCC approves it. Holt/Lamb
approve the concept of co-locating the two agencies. Commissioner Croley – wants to hear presentation first. Commissioner Morgan - Vote was 3
– 2 of the motion. (Croley/Morgan) Bring this
back at the next meeting.
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19. |
Presentation
of the County Administrator’s Evaluation Arthur Lawson – Annual evaluation form was sent to each commissioner. They were compiled. The cumulative score – 2.63 rating. Marginally meets expectations. Motion to
approve the presentation and the cumulative score Holt/Lamb
5 - 0 |
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20. |
Review
of County Administrators Contract go back to Item 19. Citizens to be heard – Ed Allen – We have a commissioner who has been on a witch hunt to get rid of the county administrator. Chair declined to allow personal remarks toward a commissioner. Commissioner Holt – Poor evaluation; do not approve of this contract with an open ended contract. This is not a good contract. When is it that you do not have to pay severance pay? Refuse to make negative comments, but asked for his resignation or be terminated. Commissioner Lamb – talking to the community and citizens, for the betterment of the county, we need to make a change. That is the only reason. His evaluation was not very good and we need to make a change. Commissioner Morgan – the overall rating states that he meets the expectation, but needs improvements. He has been brought into a very tough situation. Any man would have faced a difficult road ahead. To the interests in his control, he was pro-active. He brought forward a plan that made us more efficient. He has done a good job at building the fund balance. We are short sighted to think that any man would be faced with similar situation. Very concerned about BOCC spending of recent weeks. Regarding the administrator – he has tried to put his expertise on the table. Nothing has been done improperly. For the stability of the county right now, we need to move forward with current administration. Keep current administrator and keep moving forward. Commissioner Croley – evaluation is not disciplinary process. It is to show the employee where they can improve themselves. The contract is not a matter that requires our action to continue. If you want to terminate the agreement, you can do it. He is not perfect. We are not perfect county commissioners. The board unanimously approved reorganization of county government in January before he was hired in March. He will stand by continuing his contract. Commissioner Taylor – believes that the evaluation is important. It is a tool to determine if the vision of the board has been carried through. Everyone should be given due process. You can depend on me to do the right thing. I can go on facts. Fact 1 – not a good evaluation, but not the worst. Morale of the county – not good. Vision of the future – serious cuts are coming. Wants to be a leader and do what is right. In the last week, she was called – some being threatening. What do we do with so many opinions? Motion not
to spend another year with this administrator – 3 – 2 (Morgan/Croley) Motion to
make Arthur Lawson the interim.
Lamb/Holt 4 – 1 (Croley) Lamb/Taylor
offer 6 month severance. 3- 2 approve
the 6 month severance. Williams
on the record as agreeing to both proposals.
Taylor/Holt
Motion to set the 30 days notice. Negotiations
to be made with Mr. Williams about the 30 days notice requirement (HR and
attorney and Mr. Williams to resolve the 30 day issue and work out the
monetary issues.) 5 – 0 |
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COUNTY
ADMINISTRATOR’S AGENDA |
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21. |
Update
on Board Requests |
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COUNTY
ATTORNEY’S AGENDA |
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22. |
Update
on Various Legal Issues |
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Discussion
Items by Commissioners |
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23a. |
Commissioner
Lamb, District 1 No comments. |
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23b. |
Commissioner
Croley, District 2 |
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Report on the CRTPA – All of Jefferson and Gadsden County are a part of CRTPA. They passed the resolution for the lighting of the interchange. |
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23c. |
Commissioner
Holt, District 4 No comments. |
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23d. |
Commissioner
Morgan, Vice-Chair, District 3 Co-locating the Police and Sheriff Proposed a Spending freeze
between now and the end of the budget year.
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23e. |
Commissioner
Taylor, Chair, District 5 |
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Want to wish the county administrator well. Storm last night, all hands on deck to remove downed trees. Gadsden County was ranked two of the lowest healthy ranking counties in the state. Need training to be prepared for disasters. Have major concerns about some of the departments. Insane to expect change if we allow everything to do the same thing. Businesses are fighting to get developments. Library, Growth Management, EMS - This board has to set policies and procedures. Ron Sachs Kimley Horn Preeble Rish
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RECEIPT
AND FILE AGENDA FOR THE RECORD |
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24a. |
Letter from Florida Department of Management Services regarding Second Amendment to Gadsden County’s Intergovernmental Communications Program |
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24b. |
Letter from FEMA Regarding Settlement Concerning the Endangered Species Act (ESA) |
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24c. |
Letter from Preble-Rish Regarding DCA Disaster Recovery Grant – Crawfish Island Project - Request for Release of Funds and Certification Contract No. 10-DB-K4-02-30-01-K13 |
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ADJOURNMENT
UPON MOTION BY COMMISSIONER TAYLOR AND SECOND
BY COMMISSIONER LAMB, THE CHAIR DECLARED THE MEETING ADJOURNED.
Sherrie Taylor, BOCC Chair
ATTEST:
Muriel Straughn, Deputy Clerk