BOARD OF COUNTY COMMISSIONERS

GADSDEN COUNTY, FLORIDA

AGENDA AND MEETING NOTES

REGULAR PUBLIC MEETING

November 8, 2012

6:00 p.m.

Present: Sherrie Taylor, Chair - District 5

Gene Morgan, Vice-Chair - District 3 (Arrived late)

Eugene Lamb - District 1

Doug Croley - District 2

Brenda Holt – District 4

Nicholas Thomas, Clerk of Court

Debra Minnis, County Attorney

Robert Presnell, County Administrator

Muriel Straughn, Deputy Clerk

Marcella Blocker, Deputy Clerk

	INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Taylor called the meeting to order at 6:00 p.m. She then opened the meeting with a prayer and the pledge of allegiance to the U. S. Flag. The roll was called by Marcella Blocker with the attendance recorded as listed above. Chair Taylor called for all cell phones to be silenced and requested all speakers to file a “Speaker Request Form” with the Clerk. Chair Taylor inquired if Commissioner Morgan would join the meeting later. Mr. Presnell replied there had been no notification either way. Chair Taylor called for a motion to excuse him. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER LAMB TO EXCUSE COMMISSIONER MORGAN, THE BOARD VOTED 4-0 BY VOICE VOTE. MOTION CARRIED. There was then discussion between the commissioners concerning absenteeism by the board members.
	AMENDMENTS AND APPROVAL OF AGENDA No amendments were made to the Agenda and Chair Taylor asked for a motion to approve it as written. UPON MOTION BY COMMISSIONER CROLEY AND SECOND BY COMMISSIONER LAMB, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE AGENDA AS PRINTED.
	AWARDS, PRESENTATIONS AND APPEARANCES Mr. Presnell stated there were three presentations; the first was to honor Commissioner Eugene Lamb for his dedicated service to Gadsden County.
1.	Recognition Honoring Commissioner Eugene Lamb, Jr. (District 1) for His Dedicated Service to Gadsden County and Approval of Resolution 2012-035 Commissioner Lamb had a few words to share. Commissioner Lamb: He stated in the eight years on the Board, many great things had been accomplished. The most important in his opinion was the reopening of the hospital. He said he was reminded of a quote of Henry Miller that said “One destination is never a place but a new way of seeing things”. He added in all levels of government, there is no elected official closer to their constituents than a county commissioner. He said the most important thoughts that could be shared with each of the commissioners as they continue to serve the county is to remember a county commissioner should always do what is best for the entire county, not just the district. He advised the commissioners that people do not accept change easily, but they were leaders. He told the commissioners they would need courage to impact positive changes and lead the county forward and need courage to compromise for the benefit of all of Gadsden County, not just each ones supporters. He added a commissioner must be able to compromise and work with other commissioners and recognize where the issue stands and to vote your conscience. He went on to say, ”As a commissioner you are not always going to make the right decision, there will be good times and bad, but you must do the right thing for the County. Each commissioner should keep a good attitude and prepare themselves to do the best they could do for the residents and the Board and realize the other commissioners are not their competition but are teammates.” At this juncture Commissioner Morgan appeared. Chair Taylor presented Resolution 2012-035 to Commissioner Lamb. She thanked him for his services, stated she didn’t know much about him before serving with him, that he was an honorable man with integrity that she hoped she could one day reach his level. Commissioner Morgan presented the plaque to Commissioner Lamb. Commissioner Holt told Commissioner Lamb she appreciated everything he had done for the County. Commissioner Croley stated he and Commissioner Lamb had fought many battles side by side and there had been a lot of struggles and they had drifted apart, but at this point in recent months, things had come back together and many accomplishments had been made. Commissioner Morgan stated that Commissioner Lamb had been a good friend to everyone in the County in so many ways and he had always stuck to what he thought was the right thing to do, and appreciated the fact that he was so dedicated not only to the Board as public servants, but to his family. Mr. Presnell thanked Commissioner Lamb for his service. Attorney Minnis said she had not had the chance to serve very long with Commissioner Lamb but enjoyed the time that she had and found he was very dedicated.
2.	Big Bend Habitat for Humanity (BBHH) Presentation Mr. Presnell stated the second presentation was Mr. Wes Singletary, Executive Director for Big Bend Habitat for Humanity along with Juanita Ross, Program Director. Mr. Wes Singletary, Executive Director, Big Bend Habitat for Humanity, addressed the Board. Mr. Singletary said their organization was looking into constructing a home in Gadsden County no later than April/May of next year and had been able to raise $22,000 toward construction of that home and were looking into rehabilitation of homes, which required funding. He stated they already had a Gadsden County homeowner who was qualified and she was working on her sweat equity hours. He added that they hoped to partner with Gadsden County to get more homeowners qualified and requested Gadsden County to consider assisting with 2 builds for total of $11,000. Commissioner Croley asked if they would take donation of a house. He stated he didn’t know if the Board would entertain the thought or if BBHH would entertain that. Chair Taylor asked Mr. Presnell if they had had the opportunity to meet with him and he replied no. She suggested they meet ASAP and come back with recommendations.
3.	Presentation for the Post Home/Disaster Management Building Mr. Presnell said third and final presentation was Jim Brennan, Commander, Post 84. Mr. Jim Brennan, Commander, Post 84, Havana, FL addressed the Board. Mr. Brennan stated he had recently talked with Mr. Dover and he outlined 10 acres in Midway that he was willing to give them a good price on. He appeared before the Board to ask the Board to identify sources of grants so project could be started. He added the building would be 6000 square feet, made available in case of disaster have full kitchen, showers, but would not be a shelter. Chair Taylor asked the Administrator if there had been time to meet with the group and he responded he had spoken with Mr. Brennan briefly before the meeting started and they were on the same page and basically needed consensus of the board, letter of support for him to seek grants. UPON MOTION BY COMMISSIONER LAMB AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO GIVE LETTER OF SUPPORT TO THE PROJECT.
	CLERK OF COURT There was no report from Clerk Thomas.
4.	Presentation of County Finance and County Clerk Issues
	CONSENT UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY COMMISSIONER LAMB, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
5.	Approval of Minutes - -October 2, 2012 – Regular Meeting
6.	Ratification of Approval to Pay County Bills No voucher or warrant numbers referenced.
7.	Approval to Renew the Services Contract with Solutions EAP
8.	Approval to Purchase Work Trucks for State Inmate Crews
9.	Approval to Record Site Dedication Notice for the High Bluff Landing at Lake Talquin Improvement Project, Dedication to the Public as a Boat Access Facility for a Minimum Period of Twenty (20) Years Per Florida Boating Improvement Program Grant Agreement
	ITEMS PULLED FOR DISCUSSION There were no items pulled for discussion.
	CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS (3 MINUTE LIMIT) There were two citizens that requested to be heard but it was an agendaed item and their concerns will be heard at that time.
	PUBLIC HEARINGS
10.	Public Hearing – Conceptual/ Preliminary Site Plan with Special Exception for the Horseshoe Lounge and Motor Lodge Drive-thru Liquor Store Mr. Presnell stated there was a matter for public hearing that was seeking approval of conceptual preliminary site plans with special exception for the Horseshoe Package Store. Chair Taylor stated this was a public hearing where citizens could share their concerns or support for this item. Mr. Matheny appeared before the Board with a brief overview to the matter. Mr. Matheny stated this matter was originally heard in 2009 and approved by the planning commission and was denied by the County Commission and had since gone to Court and the Court reversed the County’s decision. Public hearing tonight to move this matter forward. Chair Taylor then asked for comments from Ms. Minnis. Attorney Minnis stated, as previously discussed, this matter went to Circuit Court, and was more in the nature of an appeal of the actions the Board took. She added no new evidence could be presented, they could only rule on evidence that was already on the record at that time. The Judge made the ruling that the evidence presented was not sufficient to support the denial. Even though the Board had to approve the matter in a public hearing because the issues and facts were the same, the public had the right to speak at a public hearing and the Board could not consider new evidence in ruling on this matter. Commissioner Croley asked Ms. Minnis if she was saying the Board could not order a new public hearing. Attorney Minnis replied “No, because of the posture of the case. There is a doctrine called ‘Law of the case’ and basically since the Board at the time was acting sort of like the trial court.” She added when the matter comes back to the trial court, the facts and evidence cannot be changed and the ruling has to stand on that evidence. Cathy Anderson, 17767 Blue Star Highway, Quincy, FL, appeared before the Board. Her question to Ms. Minnis was why we failed to have proper language at the Board meeting at the time this was going on because citizens don’t have the land-use knowledge that an attorney does. She asked why it was not available, were we lacking criteria in a land-use format? Attorney Minnis responded that was not the issue but was a question of what criteria was approved and placed in the land-use code. She added when code was adopted there was an opportunity at that point for citizens to have input on what they wanted in the Code. Mrs. Anderson said there had to be some credence for the citizens to stand on so there could be some definite choices made. Attorney Minnis stated she could only answer the legal piece of it and this was the Judge’s opinion. Commissioner Holt stated that this issue was in her district and both sides had been talked with off and on. She added the Land Development Code came from the comprehensive plan and she has asked that the plan be review. Commissioner Lamb stated his feelings go out as a person to her, her family and others in the area. We need to look at the Land Code and see what we want to go where in this area. Don Anderson, 17767 Blue Star Highway, Quincy, FL, appeared before the Board and thanked the Board for denying this matter in the earlier meeting. He added that they would be back when they apply for their license to put in a lounge. Commissioner Morgan asked Ms. Minnis what options were available and if the majority of the Board did not vote for that, what would the outcome be. Ms. Minnis replied at that point, the Board’s ruling would be in violation of the Court’s Order. Commissioner Croley asked if, in the evidence, the subject of proximity came up and now the Board we could not entertain new information? Ms. Minnis replied that everything in the record had been reviewed by the Judge. Ms. Minnis added that with regard to safety issues, those types of considerations not part of the Land Use Code so based on the Code that the County has and the information the Judge had, the petition for the Patels did not violate the Code. She added there was nothing in the Land Use Code that allowed for that to be considered as part of the development. Commissioner Holt said there was no dispute between the Patels and the citizens, or either party or the Board, but the problem was with the comprehensive plan. She added if the Board wanted the health, safety and welfare issues in there, the Board would need to go back and put them in there. Give drive thru package store not lounge. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-1 BY VOICE VOTE TO APPROVE THE ITEM. COMMISSIONER CROLEY OPPOSED.
	GENERAL BUSINESS
11.	Request by Danny Miller for a Vested Rights Determination for Proposed Phase II of Talquin Shores Subdivision Mr. Presnell advised that Item 11 was a request by Danny Miller, Developer, to speak to the Board concerning starting phase II of the development of the subdivision. Danny Miller, 1600 Reynolds Road, Quincy, FL, appeared before the Board and stated he was not before the Board to ask for a vesting determination, that the vesting had been determined. He stated that in 2007, Bill McCord took the vested rights away from him. He added that vesting was by statute and that meant if there was a subdivision that was approved before 1990, you didn’t have to comply with subsequent development rules. He further stated that Mr. McCord decided that this was not a vested subdivision, but finally decided that the twelve lots were vested but there could be no more vesting. He added all he would like the Board to do was reinstate his vested rights and there were 17 lots of the original 27 that were never developed. He said he was asking to be vested for the 17 lots but planned to only develop 15 but would be vested for 17. He stated that this was simply a request for the Board to reinstate his vested rights that Bill McCord took away in 2007. Commissioner Croley asked if this vested plat was the plat that Judge Reynolds had approved by the Board in 1965. Mr. Matheny responded this was very confusing because what was approved in 1965… Commissioner Croley said what he was asking, when Mr. Miller bought the property, Judge Reynolds had already been before the Commission in 1965 and had a subdivision approved. Mr. Miller bought the property that was a vested subdivision. He added when the vested plat was changed, anything that came after that point comes under new rules. Mr. Miller stated that vesting is to numbers of lots allowed in a subdivision and by changing the configuration of the lots, it was made better and the lots were made bigger. Commissioner Croley said he was not implying that things had not been made better he was just trying to make sure he understood the issues. He added that Mr. Miller had made things better and complimented him on that, but a person could not have what they wanted from the old vesting and take the new and claim they are both vested. Mr. Miller said he wanted to get his vested rights back so he could make improvements for 15 additional lots. He said he was asking to be able to come in with a plan and show the reconfigured 15 lots so he could move forward. Chair Taylor said it was time to draw this matter to a conclusion and direction so staff could get their questions cleared up. She added she thought things were moving and he was given criteria to proceed on. According to the summation by the Administrator, there are still unanswered questions and there needed to be some dialogue between Mr. Miller and the Administrator. She asked them to get together and work out the logistics. Commissioner Holt said she would like to see a chart to show: 1. What was bought, 2. What was changing, and 3. The legal opinion. Ms. Minnis said there was a legal opinion in the packet from prior counsel in the packet as “Attachment 2”, but if she were so instructed, she would go through and match everything and have it laid out with opinions. Commissioner Lamb said he thought the administrator needed to be involved with it and have them bring back whatever was needed to move things forward. Chair Taylor told Mr. Miller that, based on the comments from her colleagues they wanted to get him there but the Board had to make sure it was done with due diligence. She asked him to schedule a meeting with the Administrator. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER LAMB, THE BOARD VOTED 5-0 BY VOICE VOTE TO TABLE THIS ITEM.
12.	Board Discussion of Lake Yvette Subdivision Resurfacing Mr. Presnell said Item 12 was paving resurfacing issues at Lake Yvette. Commissioner Lamb said this was an item that he had been talking to Mr. Lawson and Charles about for some time and asked Charles to come forward to explain the situation. Charles Chapman, Public Works Director, addressed the Board and explained that the roads had a thin asphalt layer that was nearing its life cycle and had been on the list for many years, however, it was not in budget this year. He added they were asking for the Board’s consideration and direction to move forward. Chair Taylor asked Mr. Presnell about the price ticket. Mr. Presnell responded the price was $418,000 for both sides of Lake Yvette. Mr. Chapman explained that the tax revenues had not come in for this year and they had to support themselves off the reserve funds for the time being until the tax revenues came in. Commissioner Holt stated she would like to see from Road and Bridge a prioritized list of needs throughout county. Mr. Presnell said Public Works working on long range list throughout the County that the Board should have before them around the first of the year. Commissioner Croley said he was glad to hear that they would receive the report because he keeps trying to emphasize to the Board that with the CRTPA reports, they have to know what to go after to try to get funding. Commissioner Lamb said he understood the problem with funding but wanted to make sure they were a priority because the Lake Yvette residents had been promised years ago that their situation would be looked into and didn’t want Mr. Hinson to come in and be blindsided.
	COUNTY ADMINISTRATOR Mr. Presnell shared with the Board he that he attended the Steering Committee for Land Park in Rich Bay along with Commissioner Lamb that was in the Commissioner’s honor. Mr. Presnell wanted to share with the Board that Commissioner Lamb’s foundation made a donation of $10,000 to the County for the ongoing improvements to the park in Rich Bay. The other item Mr. Presnell wanted to mention to the Board concerned the Comprehensive Plan. He advised the Board that he and Mr. Matheny had already had several meetings related to those issues previously raised. He stated that he hoped to have some of the items before the Board by January. Chair Taylor replied that there had been a motion made and approved to look into comp plan and to have a consultant look at it so it could be narrowed down because it was very thick and needed to be done. She added she was very glad to hear that there had been fire put under this and asked that something be brought back to the Board by the 3^rd meeting in January.
13.	Update on Board Requests Commissioner Croley inquired about the status of locks at the jail. Mr. Presnell advised it was on the agenda for the next meeting on November 20^th and he informed the Board that the lights should be almost completed.
	COUNTY ATTORNEY
14.	National Solar Update Ms. Minnis stated she had no additional information regarding National Solar other than what was reported at the last meeting. She informed the Board that National Solar was moving forward looking at property.
15.	Update on Various Legal Issues Ms. Minnis said she had no updates on specific issues at this time. Chair Taylor asked if there was anything concerning C.W. Roberts and Ms. Minnis replied she thought it was on the agenda for the next meeting. Commissioner Croley asked about the Emergency Management Agreement and where things stood with the Sheriff. Ms. Minnis replied there was an attorney that worked in-house with the Sheriff and she made contact with him earlier in the week to get with him on the two different versions of the agreement and to move it forward and hoped to have it before the Board in January.
	DISCUSSION ITEMS BY COMMISSIONERS
16.
	Commissioner Lamb, District 1 – County Concerns Commissioner Lamb said once again that it had been more than an honor to serve on the Board. He added that the fund Mr. Presnell referred to had been closed out and the leftover funds of close to $10,000 had been donated to county earmarked for the park. Commissioner Lamb also wished Mr. Presnell good luck with Board.
	Commissioner Croley, District 2 – Report and Discussion on Public Issues and Concerns Pertaining to Commission District Two and Gadsden County Commissioner Croley thanked Commissioner Lamb for his services to the County and congratulated Commissioners Taylor, Morgan and Mr. Hinson on the elections. He added that he was happy to know that the Commission would soon receive the transportation plan and stated that would help tremendously with obtaining needed funding. He also asked for a new bridge inspection report. Commissioner Croley also spoke of the water quality issues and stated that the lake flowed thru 3 other districts and wanted to remind the Commissioners that when looking at the map, there was no-one monitoring in a central point the different issues that affect the lake interest and the focus had to be to protect the environment. Chair Taylor said Commissioner Croley brought up some valid points and asked if said monitoring was not some of NWFWM responsibility and asked if the County had a watchdog on some of those matters. Mr. Presnell said there was, but was not a clearing house or a central location like Commissioner Croley referred to. He added that NWFWM had regulations and issued permits every day, know what they have issued and that DEP had other programs, such as surface water and quality monitoring and information would be readily available. Commissioner Croley added he did not mean to imply there were violations happening, but the Board needs to know, at least in a yearly report what was happening. Mr. Presnell said he would contact the agencies to see what they might have available. Commissioner Croley also asked after the first of the year that the staff makes plans to have a workshop on future revenue sources as to where future revenue might come from.
	Commissioner Holt, District 4 – County Concerns Commissioner Holt once again advocated for the cameras to go back in. She further added that on the Comprehensive plan issue, she would like the Board to look at a step-down method from industrial to commercial, to light industrial to neighborhood businesses and stated in doing it that way there would not be commercial next to houses. She asked that along with a revenue workshop to have one on the comprehensive plan and to meet with the Chamber and Workforce Plus to see what type of businesses that would be wanted here. She stated that concerning the by-pass, it was good for the trucks, but by-passes had a tendency to kill a town and she said they needed to see how they could help the City to keep the economic base up.
	Commissioner Morgan, Vice Chairman, District 3 – District Concerns Commissioner Morgan stated he saw a man in the back that looked very relaxed and wanted to recognize Mr. Lawson for wearing two hats for so long. He also commended Mr. Presnell for doing a good job this evening. He brought up issues with the jail concerning the locks and other things and thought it would be on the agenda after the election and maybe it would be on the next agenda. Commissioner Morgan also congratulated Commissioner Taylor and Commissioner-elect Hinson and thanked the folks of District 3 for putting him back in office and hoped they could move forward in a positive way. Additionally, he wanted to recognize former Senator Pat Thomas and his Wife, Mary Ann, and Commissioner Croley in their efforts in spearheading the by-pass. He went on to say the Tax Collector, along with the Property Appraiser, had returned money to put back into budget. He also asked to have placed on the agenda for discussion the possibility of returning to evening meetings over daytime meetings because of poor attendance in daytime meetings. Commissioner Lamb added that he forgot to commend Chair Taylor and Commissioner on their win.
	Commissioner Taylor, Chairperson, District 5 Chair Taylor mentioned the swearing in ceremony would be on November 20^that 6:00 p.m. Chair Taylor also mentioned jobs at the by-pass. Commissioner Holt asked who the public would need to contact regarding jobs. Mr. Presnell stated he would get more information and in the meantime, people could contact him. Chair Taylor also mentioned the Veteran’s Day program scheduled for Monday and said Chester Davis and family would be honored. She also stated she liked the idea of returning to evening meetings and asked for the motion to have it brought up for discussion. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO HAVE THE MATTER PLACED ON THE AGENDA FOR DISCUSSION.
	RECEIPT AND FILE
17A.	For the Record: Letter from the Tax Collector Regarding Unused Revenue (Fees) for Fiscal Year 2011-2012
	November Meeting(s)
	- November 20, 2012, Regular Meeting, 6:00 p.m.

MOTION TO ADJOURN

THERE BEING NO OTHER BUSINESS BEFORE THE BOARD, CHAIR TAYLOR DECLARED THE MEETING ADJOURNED AT 8:15 P.M.

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SHERRIE TAYLOR, Chair

ATTEST:

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Muriel Straughn, Deputy Clerk