Board of County Commissioners

Gadsden County Florida

Agenda

Regular Public Meeting

December 4, 2012

6:00 p.m.

Present: Doug Croley, Chair - District 2

Eric Hinson, Vice-Chair – District 1

Gene Morgan – District 3

Brenda Holt – District 4

Sherrie Taylor – District 5

David Weiss, County Attorney

Robert Presnell, County Administrator

Muriel Straughn, Deputy Clerk

Marcella Blocker, Deputy Clerk

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Croley called the meeting to order at 6:00 p.m. The Chair asked everyone to mute all electronic devices and requested that all speakers that wished to address the Commission to file a “Speaker Request Form” with the Clerk. He then opened the meeting with a silent prayer and the pledge of allegiance.
AMENDMENTS AND APPROVAL OF AGENDA The following amendments were made to the agenda at the request of the Clerk: · Add 8-A approval of Bank Resolution for new Chair. · Add 10-A Public Hearing for Adoption of Resolution No.: 2012-039 · Add 12-A Government Services contract to implement the uniform method for Ames-Barineau Road · Add 12-B Government Services contract to implement the uniform method for Quail Roost Drive · UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE AMENDMENT OF THE AGENDA.
AWARDS, PRESENTATIONS AND APPEARANCES
1.	Creek Entertainment Gretna Community Blood Drive Michelle Ostenberg, Executive Poker Administrator, 501 Race Track Drive, Gretna, FL appeared before the Board regarding a blood drive sponsored by Creek Entertainment, Gretna. She stated that “Give the Gift of Life Day” will be on December 7^th, 2012 at Creek Entertainment, Gretna. Chair Croley asked if the Board was in support of the Resolution. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE PROCLAMATION FOR THE BLOOD DRIVE.
CLERK OF COURTS
2.	Presentation of County Finance and County Clerk Issues There were no items to present.
CONSENT AGENDA (Items 3-5, 7) UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE CONSENT AGENDA AS NOTED ABOVE.
3.	Ratification Of Approval To Pay County Bills
4.	Corrected County Deed
5.	Post Approval Of Commissioner Eric Hinson’s Travel To The 2012-13 Legislative Conference/New Commissioners Luncheon And Orientation
6.	Request Approval To Pay Expenses For Veterans Day Celebration in accordance with Ordinance No. 06-018, Section 2-141, Expenditure of funds for miscellaneous purposes
7.	Post Approval of Chairperson’s Execution of the Service Agreement with Cintas from November 5, 2012 until November 5, 2014.
8.	Approval for Lease Agreement between Gadsden County Board of County Commissioners and the Gadsden County Senior Services, Inc.
ITEMS PULLED FOR DISCUSSION
6.	Request Approval To Pay Expenses For Veterans Day Celebration in accordance with Ordinance No. 06-018, Section 2-141, Expenditure of funds for miscellaneous purposes Commissioner Morgan asked to pull this item for discussion and asked if the funds were budgeted specifically or if they were taken out. Commissioner Morgan inquired about the luncheon that followed. Mr. Presnell responded there was fish fry after the ceremony. Commissioner Morgan: As tight as budgets are maybe rethink lunches afterwards. Other than that, moved for approval. UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE CONSENT AGENDA AS NOTED ABOVE.
8.	Approval for Lease Agreement between Gadsden County Board of County Commissioners and the Gadsden County Senior Services, Inc. Commissioner Morgan asked to pull for discussion and stated he noticed in the lease it was for a two year term and with unfortunate incident that took place, maybe make 1 year term or month to month in case need to review policy there. Mr. Presnell responded that under this proposed contract any other activities that took place should be requested in writing from the Board. Commissioner Morgan stated that had not happened and in past, alcohol had been served. Move to table item to review further before enter into 24 month contract and brought back before the Board. Motion died for lack of second. Commissioner Holt stated she was for 24 month lease because if able to get more funding for elder affairs would have target location ready. But stated was in favor or matter coming before the Board UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-1 BY VOICE VOTE TO APPROVE THE LEASE AGREEEMENT. COMMISSIONER MORGAN OPPOSED THE MOTION.
CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS There were no citizens requesting to be heard.
PUBLIC HEARINGS
9.	Public Hearing – Hutchinson Ferry Road Small Scale Future Land Use Map Amendment (CPA-2012-02) for Parcel #’s 2-15-3N-4W-0000-000114-0400 & 2-14-3N-4W-0000-00230-0500 Mr. Presnell explained Item 9 as noted above was considered a quasi-legislative action. Mr. Matheny appeared before the board with short summary and stated in December 2010, a couple of parties split property and now want to change AG2 to RR and this is allowed and will correct non-conforming parcel. The parties are correcting problem. Commissioner Holt added that as previously discussed before, gap with Board and Courthouse and gap needs to be closed. Not citizen’s fault, but fault of 2 government entities not coming together and closing that gap. Chair Croley called for public comments and there were none. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE SMALL SCALE FUTURE LAND USE MAP AMENDMENT.
10.	Public Hearing – Approval of Budget Amendments and Resolution # 2012-034 for Fiscal Year 2012-2013 Chair Croley stated Item 10 was another public hearing for approval of budget amendments. Mr. Presnell stated this item was bringing funds forward from last year to this year, simply moving funds to allow the finance director and myself to move funds forward. Chair Croley called for public comments and there was none. Commissioner Holt said she appreciated the synopsis that explained the reason for the moving of the funds. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE BUDGET AMENDMENTS.
10A.	Public Hearing-Adoption of Resolution No.: 2012-039, A Resolution of Gadsden County, Florida Electing to use the Uniform Method of Collecting Non-ad valorem Special Assessments Levied Within the Unincorporated Area of the County; Stating a Need for Such Levy; Providing for the Mailing of this Resolution; and Providing for an Effective Date. Chair Croley stated Item 10-A was a public hearing for the adoption of the Resolution No.: 2012-039 for collection of special assessments for Quail Roost Drive and Ames-Barineau Road. Mr. Presnell commented this had been properly advertised. Chair Croley called for public comments and there were none. UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE ADOPTION OF THE RESOLUTION.
GENERAL BUSINESS
11.		Discussion to Terminate or Move Forward the Wetumpka/Lake Talquin Special Area Plan Mr. Matheny gave quick summary. P & Z Commissioners voted 4-4, motion failed because of tie vote. Decision tonight is if to take forward or terminate plan. Chair Croley: think what should do is hear from the speaker & asked Mr. Weiss to explain highlighted area for benefit of audience. Mr. Darien Taylor appeared for Carlton Fields, 215 S. Monroe Street, Tallahassee, FL, representing Anderson-Columbia and St. Joe, paid consultant and land use planner, appeared before the Board. Has provided written points to BOCC. Can’t recommend approval. Mrs. Marian Lasley, 5 Dante Court, Quincy, FL, there has been hours and hours of citizens’ time spent on this matter. Citizens’ rights were severely compromised. Problem with workshop all three issues were in one workshop and workshop went until midnight. Pat Curtis, Friends of Lake Talquin, 761 Bear Creek, Quincy, FL, large interest in this matter. Plan close to completion. Need to better inform landowners so they better understand. Read from Leon County Annual Report, first report Englehard/BASF contamination coming from Attapulgus, GA. Dam repairs in Grady County affecting. Mr. Ed Allen, Planning and Zoning Board, Mr. Taylor has come to every meeting with 10-12 pages of objections. Have geological survey, March 1994, Add into record: “…” I’ve heard comments regarding some citizens don’t like, 380 F.S. Landis Crockett, 2964 Lakeview Point Road, Quincy, FL, urged to let plant go forward. Ken Safriet, Esq., 119 S. Monroe Street, Tallahassee, FL, for Hopping, Green & Sams, for C.W. Roberts no state mandate any longer-completely voluntary. Property owners never received notice-no rational basis for boundary. Ms. Elva Peppers, Florida Environmental 221 Delta Court, Tallahassee, FL, believe document stalled in unacceptable manner, not well guided. Document not ready for public consumption and recommends plan not move forward. Belinda Snyder, represents Friends of Lake Talquin, 160 Dusty Hunter Lane, Quincy, FL, agree do-over but agree to move forward. Has been staffing issue with county. Jim Ivy, 388 Talquin Avenue, Quincy, FL, this lake is greatest natural resource this county has. If this lake goes down, gets polluted, will lose, don’t need mining on this lake. Chair Croley: Mr. Presnell, how much spent, well over 90,000-100,000. Mr. Weiss: if Board is inclined to move forward, some work needs to be done. Commissioner Taylor: Weiss took works out of her mouth, good piece of info shared was could be stronger language so can be conducive. If asked now, would like to see revised so can protect lake and resources. Mining concerned her with run-off. Position is need a strong comp plan. Not in favor of this plan. Commissioner Morgan: 1^st & foremost, thank members of P&Z that serve. This particular item not easy item to address. Want to protect lakes, rivers. Am unaware of any studies shown where lake impacted negatively. Not requirement to have in place. Really want to stress, quality economic development. So have issues, agree with Commissioner Taylor. Commissioner Holt: Need study first. Mining issue has been there for years. Need clean-up on comp plan. Look at all contaminants in lake, septic tanks, find where problems are and go after it. Commissioner Hinson: Thanked Commissioner Taylor for covering area past three years. Commissioner Morgan right about economic development. Chair Croley: No one here wishes harm to lake. Little River at his back door and on occasion fish. Last 3 speakers made good points. Lot of taxpayer money and time and effort. Agree plan not ready to go forward but receptive to send back to P&Z for further work if can be timely & economically done. Commissioner Taylor: Friends of Lake Talquin has been very supportive and have to echo their sentiments. There are issues with this plan. Maybe get P&Z to highlight some of main portions. Chair Croley: asked to let attorney explain options. Mr. Weiss: Vote to move forward, terminate or something in between. Chair Croley: Mr. Presnell, how are we financially? Mr. Presnell: Consultant paid for 2 more meetings. Commissioner Holt: Would like to see study by independent person to get objective view. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO TERMINATE THE PLAN.
12.		Discussion of Changing the Scheduled Time of the Second Monthly Board Meeting of Each Month Chair Croley: Item 12 is discussion of changing the schedule of time of the second monthly Board meeting of each month. Mr. Presnell: The Board had asked to come back with a discussion item for the time of the second meeting of the month, there was interest in possibly changing it back to an evening meeting. Commissioner Morgan: I did bring this before Board. It offered opportunity to ones working at night or those that could not come at night but have seen no response and can’t hold public meetings/hearings. Think if move back to 6:00 p.m. would be more effective. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO PUT THIS ON THE AGENDA.
12-A		AMES-BARINEAU ROAD. Mr. Weiss gave quick summary. Sandi Melgarejo, Government Services Group, Inc., 1500 Mahan Drive, Suite 250, Tallahassee, FL. appeared before the Board to address questions of the Board. Chair Croley asked Mr. Presnell about recoverable expenses for the projects and how the legal fees compared in relation to what the Board hoped to recover. Mr. Presnell: Since our last meeting, have looked into that and discussed it with the County Attorney and there is quite a bit invested in legal fees, if proceed on will be additional expenses with Government Services Group. Very concerned about Ames-Barineau project because may lead to legal challenges. Commissioner Morgan: amount of money recovered vs. amount of potentially spending is worth noting and considering, are we able to send out notices to landowners to voluntarily pay costs. Is there reason we cannot accept funds? Mr. Weiss: Cannot represent to certain property owners they have obligation to pay and can’t call it special assessment. Commissioner Morgan: This is going to cost us a pile of money. Chair Croley: Before we have discussion, are there any questions? Commissioner Holt: Have you done this before? Sandi: Absolutely. Commissioner Holt: Did on Quail Roost, her comment was did not have to have 100%. Commissioner Taylor: My question was specifically costs, 2 different roads in question there are 2 separate contracts. Sandi: Yes, 2 separate programs, can’t be rolled together. Commissioner Taylor: you mention annual maintenance; amounts might be different but process same. Sandi: we don’t monitor, we set things up. Commissioner Taylor: combine as far as contract with county. Commissioner Taylor: County made agreement on amount to be paid back. Mr. Weiss: Contract probably not valid because based on people paying for special assessment. Chair Croley: Let’s understand, we had some people agree to pay for paving. Agree with Commissioner Morgan that it makes sense to send come sort of assessment letter to those that agreed and make good faith effort Mr. Weiss: Can’t send assessment letter. Chair Croley: We need to chalk up to a bad situation unless we go with more formal collection process. Commissioner Holt: We have contract in place, based on state statute that could do. It was done with permission of community. We need someone to clean mess up. Commissioner Morgan: We can move forward on issues in future. Total amount of collecting is less than $100,000. Chalk up as lesson learned and take it to the house. Commissioner Hinson: Looked at economic impact for the whole thing. Asked how much paying attorneys for this. Commissioner Taylor: The attorney fees that commissioners mentioned, if that not your regular fee charged for being board attorney? Mr. Presnell responded yes. Mr. Weiss: Moving forward and hiring GSG is good use of county funds. Very specialized area of law. Pointed out with comments, bad legal advice was before their firm was involved. UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY COMMISSIONER HINSON, TO NOT MOVE FORWARD WITH COLLECTION WITH GOVERNMENT SERVICES (NO VOTE). Commissioner Holt: called for question and stated setting bad precedence when do this. Commissioner Hinson: studied info, looked at it, visited area, asked how much it would cost us. Commissioner Hinson: getting two different stances. Mr. Weiss: expense associated with contract with GSG, attorney fees would be minimal. Commissioner Hinson: rescinded second. Chair Croley: Lost second so motion dies. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 3-2 BY VOICE VOTE IN FAVOR OF ASSESSMENT ON AMES-BARINEAU ROAD. CHAIR CROLEY AND COMMISSIONER MORGAN OPPOSED.
12-B		Quail Roost Drive Chair Croley moved forward to Item 12B UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-1 BY VOICE VOTE IN FAVOR OF ASSESSMENT ON QUAIL ROOST DRIVE. COMMISSIONER MORGAN OPPOSED.
COUNTY ADMINISTRATOR
13.	Update on Board Requests Economic Development scheduled for workshop January 17^th 6:00 – 8:00 p.m. Board retreat scheduled for January 12^th starting at 10:00 – 1:00
COUNTY ATTORNEY
14.	Update on Various Legal Issues Update emergency management contract, met with counsel for Sheriff, merged proposals, Sheriff’s counsel has taken to Sheriff, proposed few modifications.
DISCUSSION ITEMS BY COMMISSIONERS
15.
	Commissioner Morgan, District 3 – District 3 Concerns None
	Commissioner Holt, District 4 – County Concerns Spoke to people concerning P & Z workshops for developments, has been asked for opportunity to put television back in so meeting could be televised. Moved to have put on agenda /motion died for lack of second. Commissioner Hinson: Need to do research on economic impact, problem is funding. Commissioner Holt asked for copy of attorney contract. Commissioner Holt also mentioned the passing of Rick Bateman.
	Commissioner Taylor, District 5 In December she was asked about committees and asked to be taken off the TBC board for upcoming year.
	Commissioner Hinson, Vice-Chair, District 1 Nothing to report.
	Commissioner Croley, Chairman, District 2-Report and Discussion on Public Issues and Concerns Pertaining to Commission District Two and Gadsden County CRTPA report-meeting was held November 26, 2012. Quincy Shuttle, funding was continued. Committees and assignments please look over list and let Mr. Presnell know preferences.
RECEIPT AND FILE
DECEMBER MEETING(S) -December 18, 2012, Regular Meeting, 9:00 a.m.

Meeting adjourned 8:20 p.m.