Board of County Commissioners

Gadsden County, Florida

AGENDA & MEETING NOTES

Regular Public Meeting

September 4, 2012

6:00 p.m.

Present: Sherrie Taylor, Chair, District 5

Gene Morgan, Vice-Chair, District 3

Eugene Lamb, District 1

Doug Croley, District 2

Brenda Holt, District 4

Nicholas Thomas, Clerk of Courts (excused)

David Weiss, Assistant County Attorney

Arthur Lawson, Interim County Administrator

Beryl H. Wood, Deputy Clerk

Invocation, Pledge of Allegiance and Roll Call

Chair Taylor called the meeting to order at 6:00 p.m. then led in an invocation and the pledge of allegiance to the U.S. flag. She then called for all cell phones to be silenced and requested all speakers to file a “Speakers Request Form” with the clerk.

Beryl H. Wood, deputy clerk called the roll and recorded attendance as noted above.

Amendments and Approval of Agenda

Add: 14A Morgan/ Lamb 5-0

Approval of Inter-Local Agreement with Town of Greensboro for Road Maintenance and Special Projects

Awards, Presentations and Appearances

Clerk of Courts

1. Presentation of County Finance and County Clerk Issues

(Nicholas Thomas, Clerk of the Courts) – No Report

Consent: Morgan/Lamb 5-0 approval of all items with the exception of Item 5.

2. Approval of Minutes – June 5, 2012 – Regular Meeting

- July 11, 2012 – Budget Work/Special Meeting

3. Ratification of Approval to Pay County Bills

4. Approval to Award Bid Number 12-12; Uniform Rental Services to Cintas

(Charles Chapman, Public Works Director/Clyde Collins, Building Official)

Statement of Issue:

This agenda item seeks Board approval to award the bid for Uniform Rental Services to Cintas Corporation, 2379 Commercial Park Drive, Marianna, FL.

5. Resolution Number 2012-028, Approval of Fifth Amendment to the FACT Agreement and Declaration of Trust (Arthur Lawson, Interim County Administrator)pulled by Commissioner Croley

Statement of Issue:

This agenda item seeks approval of Resolution No. 2012-028 and to authorize the Chairperson to sign.

Commissioner Croley what the savings would be. He said not enough information was provided. He asked for basic information.

Mr. Lawson said he would have contact the Association to find out specific savings to the Trust. He said he would bring info at the next meeting.

Chair Taylor also asked was there an requirement. She asked that info be brought back.

Commissioner Lamb mentioned they should do homework prior to the meeting.

Commissioner Holt spoke in favor.

Motion: Holt/Lamb for approval 4-1 (Commissioner Croley opposed the motion.)

6. Approval to Amend Library Long-Range Plan (Carolyn Poole, Library Director)

Statement of Issue:

This agenda request seeks approval to amend the Gadsden County Library System’s 2008-2012 long-range plan for one additional year.

7. Approval and Execution of State Aid Grant Agreements (Carolyn Poole, Library

Director)

Statement of Issue:

As part of the submissions due October I, 2012 for the 2012-2013 State Aid application, two executed copies of the State Aid grant agreements are required.

Background:

State Aid is an essential part of the Library budget. The State Aid grant award in Fiscal Year 2012-2013 is estimated to be $298,670. State Aid is used for materials, salaries, and operating expenses of the William A. "Bill" McGill Library in Quincy, the Cowen Public Library in Chattahoochee, and the Havana Public Library. As part of the annual State Aid application process, the County must file signed documents by October 1st. Additional information will be due December 1st.

Items Pulled for Discussion – Item 5 (see above)

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

Emily Rowan, 1200 Little Sycamore Rd – spoke concerning hearing at Board Meeting. She said she could not hear Commissioner’s comment and asked them to speak into microphones.

Public Hearings

8. First Public Hearing - 2012 CDBG Grant (Auburn Ford, FCA LLC)

Statement of Issue:

Mr. Auburn Ford, on behalf of the County will be conducting the 1st public hearing which is required to start the process of applying for funding from Department of Economic Opportunity.

Background:

This is the standard process in preparing to submit a grant in the categories of Housing, Neighborhood Revitalization, Commercial Revitalization and Economic Development for the

2012 grant cycle.

Analysis:

If approved, the County would choose from the above categories to submit a grant application to

DEO.

Fiscal Impact:

There will be no fiscal impact to the County; all ads are reimbursable from the grant once awarded.

Option:

Option I Proceed with first Public Hearing as required by DEO. Option 2 Board Direction.

Discussion by the Board:

Chair Taylor announced Public Hearing and asked for public comment.

Motion: Holt/Lamb 5-0

9. Public Hearing – Florida Public Safety Institute (PSFI) Large Scale Future Land Use

Map (FLUM) Amendment/Adoption (Anthony Matheny, Planning and Community Development Director)

Mr. Matheny expressed tonight they are here for adoption it has already passed transmittal and DEO has approved.

Joe Miller, George & Associates: Gave short presentation update. David Wild, E.E. Eunice, Robert George, introduce members of team. He expounded on the two parcels they are attempting to change.

Discussion by the Board:

Chair Taylor announced.

Alexander Powell, 285 Geneva Circle – West of Little River – How would the project effect his community.

Mr. Miller responded there should be little impact.

Commissioner Morgan asked about communication with Charles Blume, Apalachee Regional Planning Council.

Mr. Miller commented they had communicated already Mr. Blume.

Commissioner Holt asked had neighbors been notified, she also asked about steepheads.

Mr. Ford asked how would the development affect City of Midway, especially Rustling Pines Subdivision.

Mr. Miller expressed there would be buffering.

Motion: Lamb/Morgan 5-0

10. Public Hearing – Adoption of Ordinance Number 2012-005, Adopting a Special

Magistrate Alternate Code Enforcement System (Deborah Minnis, County Attorney/David Weiss, Assistant County Attorney)

Attorney Weiss introduced this item to the Board.

Statement of Issue:

The County’s code enforcement officers have expressed frustration in their inability to effectively enforce the County codes due to the currently available code enforcement procedures. Accordingly, the Board of County Commissioners (“Board”) has requested that the County Attorney draft an ordinance for its consideration which adopts an alternate code enforcement procedure whereby a special magistrate would be authorized to conduct hearings and issue orders requiring compliance with codes and imposing fines.

Chair Taylor announced Public Hearing and asked for Public Comment.

Ed Allen, Lake Talquin – spoke of the importance of having Code Enforcement Officers. He referenced the CW Roberts, not abating property. He asked for Stop Order.

Mr. Lawson stated they currently have two officers. He said this will speed this process.

Commissioner Morgan commented they have officers, but when the violations occurs they are being kicked out of the courts. He said this would alleviate the problem. He said they should explore budgeting dollars to amend repairs by placing lien on properties.

Chair Taylor asked Mr. Lawson to explain process to the public.

Mr. Lawson said they would give violation to the owner or person there and they have 30 days to comply, then they receive 2^nd notice. He said this would give little more teeth.

Commissioner Holt commented this may not be a great time, but the concern is 30 days. She asked that they have 60 days.

Commissioner Lamb stated he concurred with Commissioner Morgan. He explained the lien has nothing to do with property taxes.

Commissioner Holt asked what happens with the lien being placed on the property.

Weiss – it gives people notice that there is a lien on the property. He said 30 days is the amount of time to correct the violation. After 30 days and problem not rectified they would notify the Special Magistrate.

Commissioner Croley commented and the good points made by Commissioner Holt especially for the rural communities. He discussed the 30 days being reasonable. He also asked about liens. He said this is not about the Code it’s about the Enforcement of the Code.

Weiss, can be applicable to any Gadsden County Code. He referenced the nuisance abatement.

Chair Taylor commented on property that was abandoned. She said they placed lien on the properties, then they sold property and recoup cost. She discussed heartburn with the way the Ordinance is written. She said no details as to authority when placing liens. She also had concern with dates, not being spelled out.

Weiss, stated the lien provision is in section 6. He said the timeframe is only days to correct violation, no other timelines are addressed. He mentioned various ways to notify landowners.

Commissioner Croley asked how the Magistrate would serve without compensation.

Mr. Weiss said he had no direction.

Mr. Lawson said they would have to see what a Magistrate makes, but added

Croley asked that 2c be amended to have compensation.

Morgan asked that check with other Boards that are using diocese and see would

Motion: Croley / Morgan 5—0 adopt Ordinance subject to change. Special Magistrate shall serve with compensation and all expenses of the Special Magistrate are reimbursable up until the maximum amount provided by law. (Substituting the word but for and, substituting without for with.)

11. Public Hearing – Request to Hold First Public Hearing and Authority to Amend the

TDC Strategic Plan Funding Application Process and Fiscal Year (Sonya Burns, TDC Administrator/Matt Thro, TDC Vice-Chairman)

Statement of Issue:

The Gadsden County Tourist Development Council (TDC) seeks the Board of County Commissioners (BOCC) authorization to begin the process of amending the Gadsden County Tourist Development Strategic Plan (TDSP). The TDC intends to amend and improve the application process as well as amend the TDC fiscal year to align with the County’s fiscal year.

Matt Thro, Vice – Chair addressed the Board. He highlighted changes. He said the application was amended to emulate the previous application of 3 years. He said they are trying to streamline project and make easier for the public to use.

Chair Taylor announced public hearing and called for public comment.

Commissioner Morgan asked about funding award letters.

Thro stated it rollback to what it was before.

Holt does this include advertising at hotels.

Motion: Lamb/ Croley 5-0

General Business

12. Approval to Award Bid Number 12-11 for Search Engine Optimization (SEO) to Tallahassee Media Group of Tallahassee Florida and Authorize the Chairperson to Execute Agreement (Sonya Burns, TDC Administrator/Matt Thro, TDC Vice-Chairman)

Statement of Issue:

The agenda item seeks approval from the Gadsden County BOCC to award Bid No. 12-11 for Search Engine Optimization (SEO) services to Tallahassee Media Group for the Gadsden Tourist Development Council and authorize Chairperson to execute agreement.

Matt Thro addressed the Board.

Commissioner Croley questioned they were the only ones who bid.

Mr. Thro said yes they were others (3), but this is the only who meet timeline.

Commissioner Morgan expressed interest in the kiosk. He said it was a minimal investments.

Mr. Thro explained they will explore further. He stated it meets the risk requirement.

Motion: Croley/ Morgan 5-0

13. Approval of License Agreement for Wireless Communication Equipment Facilities with the Florida Rural Broadband Alliance, LLC (Charles Chapman, Public Works Director)

Statement of Issue:

This agenda item seeks Board approval to enter into a license agreement for wireless communication equipment facilities on county-owned property with the Florida Rural Broadband Alliance, LLC (FRBA). The result of the license agreement will be the construction of wireless communication facilities and the benefit to the county is the resulting revenue share from the FRBA network equity base.

He said housekeeping item: added location of Pat Thomas he said 4 total; on May 15, 2012 it was 3.

Commissioner Croley is $20,000 for all towers or per tower.

Bryan Ward, Opportunity Florida, said he would get information, not sure.

Motion: Holt/Croley 5-0 approved

14. Approval of Local Agency Program (LAP) Agreement and Resolution for Roadside

Beautification/Landscaping Project (Charles Chapman, Public Works Director)

Statement of Issue:

This agenda item seeks Board approval to execute a Local Agency Program (LAP) grant agreement and resolution in accordance to the support of the Tourism Development Councils initiative to beautify Gadsden County. This LAP agreement is for the construction of gateways and landscaping along state roads in Gadsden County. He noted this is second phase.

Motion: Morgan/Lamb 5-0

14 a.) Approval of Inter-local Agreement with Town of Greensboro for Road Maintenance and Special Projects

Chair Taylor asked why is there only one. Would language be the same for all municaplities

Commissioner Morgan mentioned the importance of the agreement.

Mr. Chapman expounded on Inter-local Agreement.

Motion: Holt/Croley 5-0

15. National Solar Update(Deborah Minnis, County Attorney/David Weiss, Assistant County Attorney) – No updates

County Administrator

16. Update on Board Request (Arthur Lawson, Interim County Administrator)

** First Public Hearing – Sept. 5, 2012 @ 6pm

Croley asked about last workshop. He questioned was it advertised at a special meeting/Workshop.

Mr. Lawson said it was advertised as a Special Meeting.

Mr. Weiss said at a special meeting you are allowed to vote. He explained process.

Interlocal Emergency Agreement

Mr. Lawson waiting on review from County Attorney.

Senior Citizen Center:

He asked report on pending lawsuit. He also asked where 3^rd party rentals still going on at the facility.

Mr. Lawson stated after legal matter is resolved it would. He said he had no outsight on how the facility is being rented. He said leasing to 3^rd party it should ceased.

Inmates Public Works – Has any inmates started at Public Work.

Mr. Lawson noted they had not.

County Attorney

17. Update on Various Legal Issues (Deborah Minnis, County Attorney) - None

Discussion Items by Commissioners