Board of County Commissioners

Gadsden County, Florida

AGENDA

Regular Public Meeting

February 5, 2013

6:00 p.m.

 

Present:               Doug Croley-District 2, Chairman

                                Eric Hinson-District 1, Vice-Chairman

                                Brenda Holt-District 4

                                Sherrie Taylor-District 5

                                Nicholas Thomas, Clerk of Court

                                Deborah Minnis, County Attorney

                                Robert Presnell, County Administrator

                                Marcella Blocker, Deputy Clerk

 

Absent:                                Gene Morgan-District 3

 

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL

  Chair Croley called the meeting to order at 6:01 p.m. and asked that all cell phones be silenced and asked if anyone wished to speak before the Board to fill out a “Speaker Request Form”.  He then asked everyone stand for a moment of silent prayer and the pledge of allegiance to the U.S. Flag.

 

AMENDMENTS AND APPROVAL OF AGENDA

   Chair Croley asked that everyone stay focused for the meeting tonight, especially on the public hearings.  He called on the Administrator to report on any changes to the agenda.

 

Mr. Presnell stated he has two recommended changes, one is the presentation from Dr. Mohammed, Item 2 and the DEO grant.

 

Chair Croley stated the removal of items did not require any special vote but any amendments would require a vote of the Commissioners.  He asked if the Administrator was aware that any amendments required 10 days advance before meeting.

 

Chair Croley asked the Commissioners, in hearing the procedures, was there a motion to add the item to the Agenda.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR THERE WAS DISCUSSION OF THE BOARD BEFORE TAKING THE VOTE.

 

Chair asked the attorney if this required consent of the whole commission and she stated it does require consent of the commission as a whole, the matter may be placed on the agenda. 

 

Chair Croley stated he had a problem with the untimely manner in which the item was placed on the agenda. 

 

 Commissioner Hinson stated had spoken with Mr. Presnell concerning this matter but if Chair Croley had concerns he would not place his vote.

 

Commissioner Holt asked the attorney to read the procedure.  She stated was something that needed to be done.

 

CHAIR CROLEY CALLED FOR THE VOTE.  THE BOARD VOTED 2-2.  MOTION FAILED

 

Chair Croley asked that this be taken up at the next meeting.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY CHAIR CROLEY, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE AGENDA AS AMENDED.

 

AWARDS, PRESENTATION AND APPEARANCES

 

1.

Presentation of Resolution Honoring the Life of Julia Monroe Woodward

  Chair Croley presented  a Resolution to the Woodward family.

  Dr. Pat Woodward had comments to the Commission. 

2.

Proposal for Lease of the Urgent Care Center Item removed.

 

3.

Presentation Introducing the SeeClickFix Web and Mobile App for Reporting Public Concerns

   Charles Chapman presented the application that the County has for a free trial period so the residents could use to report problems and issues that need attention.

 

Commissioner Holt asked the cost at the end of the trial period and Mr. Chapman responded $390/mo.

CLERK OF COURTS

 

4.

Presentation of County Finance and County Clerk Issues

  Clerk Thomas stated he understood the Commission had several questions and would like to address their questions and concerns. 

 

Commissioner Taylor asked questions concerning the bond for the hospital. 

 

Mr. Presnell mentioned there was a workshop scheduled for the 19th concerning revenue.

 

Clerk Thomas asked that they develop a policy.

 

Concerning the auditors it does not matter who the Commission hires to do the auditing as long as they do the job correctly.   He mentioned the auditors cannot be told what to audit, they have standards and guidelines.

 

Concerning the software for the e-filing, the money would have to come from the general fund.

 

Concerning the jail budget, there was money that was never spent that had been appropriated.

 

Commissioner Hinson asked that the presentation of the Clerk’s issues be placed on the agenda and be reviewed. 

 

Commissioner Hinson asked about the minutes and why they were received several meetings after the board meeting and asked that we try to be as efficient as possible.

 

Commissioner Holt stated on issue of auditor firm best to bid out and let best rise to the top.  She stated she asked specifically about certain departments she thought they should look at.

 

Chair Croley stated they appreciated all the services and the commission would like to ask that when there are agenda items, someone be present to address questions.

 

CONSENT

  Commissioner Hinson pulled items 5, 6, 9, 10.

 

UPON MOTION OF COMMISSIONER HOLT AND SECOND BY CHAIR CROLEY, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE AGENDA AS AMENDED.

 

5.

Approval of Minutes  Pulled for discussion

                -November 20, 2012-Regular Meeting

6.

Ratification of Approval to Pay County Bills Pulled for discussion

 

7.

Approval of Contractual Agreement between CenturyLink and Gadsden County and Authorize the Chair to Sign (Contract No. 120200510659)

 

8.

Approval of “Piggy Back” Agreement with the Management Experts, LLC to Provide Emergency Management Training (Contract No.: 2012-GCSO-DEM-HS)

 

9.

Approval of Task Order Number 2013-130 Authorizing Preble Rish Engineering to Perform Engineering Services for the Woodward Road Resurfacing Grant Project (Task Order 2013-130)

Pulled for discussion

10.

Approval of Task Order Number 2013-129 Authorizing Preble Rish Engineering to Perform Engineering Services for the Flat Creek Road Resurfacing Grant Project (Task Order 2013-129)

Pulled for discussion

ITEMS PULLED FOR DISCUSSION

Item 5 meeting minutes on agenda for 11/20/12 Commissioner Hinson asked questions concerning  the delay in minutes being placed on the agenda for approval.

 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE MINUTES.

 

Item 6  Commissioner Hinson asked if paperwork was not in the book how could they approve it. 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE PAYMENT OF THE COUNTY BILLS.

 

Item 9 Task Order Number 2013-130 Commissioner Hinson curious about bidding practice.  Mr. Presnell stated they were under contract.

 

Commissioner Taylor stated she had issues because there were 5 districts and seemed only couple of districts get work done.  She stated she was not voting for it.

 

Commissioner Holt asked what districts was having work done on and response was 2 and 3. 

 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 3-1 BY VOICE VOTE TO APPROVE ITEM 9.  COMMISSIONER TAYLOR OPPOSED THE MOTION.

 

Item 10-Task Order Number 2013-129 Chair Croley stated Item 10 was same as Item 9.

 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 3-1 BY VOICE VOTE TO APPROVE ITEM 10.  COMMISSIONER TAYLOR OPPOSED THE MOTION.

 

CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS

There were no citizens requesting to be heard.

PUBLIC HEARINGS

 

11.

Public Hearing-Board Approval of BB&T Bank’s Loan Proposal and Ordinance to Refinance the County’s Sales Tax Revenue Refunding Bonds, Series 2010 (Gadsden Memorial Hospital Project)

  Chair Croley introduced item.

 

Jim Gollahon appeared before the Board and explained the bond and recommended proceeding with the bond issue.

 

Chair Croley asked if there was anyone who wished to speak for or against the bond item.

 

Commissioner Hinson stated he looked at the contract and asked if same # of years with lower interest rate.  Yes.

 

Comm. Holt wanted to make sure refinanced to get better rate.

 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THIS ITEM. 

 

12.

Public Hearing-Conceptual/Preliminary Site Plan with Special Exception for the Lynn’s Liquor Store (SE-2012-01) (Tax Parcel Identification #3-13-2N-2W-0000-00322-0400) (quasi-judicial hearing)

  Chair Croley stated was a quasi-judicial hearing and all witnesses must be sworn in.

 

Deputy Clerk Marcella Blocker swore in Mr. Matheny who appeared before the Board.

 

Chair Croley called for public comments.

 

Joe Hughes appeared before the board and Deputy Clerk Marcella Blocker swore him in.

 

Cathy Anderson, 17767 Blue Star Highway, Quincy, asked location of Lynn’s Liquor Store.

 

Larry Clayton, POB 704, Havana, FL   appeared before the board and was sworn in by Deputy Clerk Marcella Blocker and stated the liquor store would be next door to a mobile home park.

 

Joe Hughes stated beer and wine was currently being sold there and was in a rural location and mobile home park outside of ordinance requirements.

 

Clayton asked physical location of address.  Hughes stated currently at convenience store and partition would be placed separating the two. 

 

Commissioner Hinson stated had concerns and was morally against liquor stores. 

 

Chair Croley asked if any other liquor stores between Havana and county line and was told there were 2.  Asked Matheny number of people that attended meeting.  Asked about school bus stop and if would be near building.

 

Comm. Taylor asked if P&Z gave approval and if the 22 people were residents of the area.  Hughes stated 50/50 for and against.  Asked if this was similar to Patel’s item and was told yes.

 

Attorney Minnis asked them to remember evidentiary proceedings but to simply object store would not be enough if otherwise met codes.

 

Chair Taylor asked what issues were brought up by the 5 people.

 

Commissioner Holt stated why she kept begging for comp review.

 

Chair Croley asked the attorney to summarize what would take to vote & pass.  In order to deny has to be evidence.

 

UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THIS ITEM. 

 

13.

First Public Hearing-Ordinance to Revise Subsections 5003.B(5) and 5003.B(6) Non-Conforming Uses of the Land Development Code

  Chair Croley introduced item and Mr. Presnell explained the item and stated would change LDC to 2 years.

 

Chair Croley asked if any comments from public, there was none.

 

Mr. Matheny stated was in comp plan and making development code to match comp plan. 

 

Commissioner Holt stated should be advisory only and should be 3 years because of time frames. 

Commissioner Taylor asked drawback in going with 3 years instead of 2.

 

Mr. Matheny stated did not see problem.

 

Chair stated no problem with bringing the two codes in sync with each other. 

 

Commissioner Holt asked to clarify  3 years for non-conforming, non-residential.  Motion is 3 years non-conforming, non-residential use.

 

Chair asked about non-conforming commercial use.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THIS ITEM AMENDING IT TO 3 YEARS NON-CONFORMING. 

 

Mr. Matheny read the ordinance into the record.

 

14.

First Public Hearing-Ordinance to Amend Subsection 2101 of the Gadsden County Land Development Code (LDC) Clarifying Facilities Permitted as Accessory Uses

  Chair Croley read the item and Mr. Presnell summarized item and stated it was to allow bathrooms and outbuildings.

 

Chair Croley called for public comments and there was none.

 

UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, BEFORE VOTE WAS TAKEN THE BOARD HAD DISCUSSION. 

 

Taylor/Holt 

 

Croley have no problem with ag and commercial but problem with residential.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THIS ITEM. 

 

15.

First Public Hearing-Ordinance to Revise Subsections 5605 Standards for Sidewalks, Pedways, Bicycle Facilities of the Gadsden County Land Development Code and Add Subsection 5605.5.D Sidewalk Fee-in-Lieu Provisions

  Chair Croley introduced item and Mr. Presnell summarized item.

 

Chair Croley called for public comments and there was none.

 

Comm. Holt stated wanted to make sure the person knew was paying a fee “in lieu of”.

 

Comm. Hinson stated when have development, should require sidewalks for large commercial developments.

 

Matheny said to look at attachment 3 and it sets up standards and specifications.

 

Hinson stated with trying to enhance community, churches should be required to have sidewalks.

 

Chair Croley shared some thoughts and stated the commission is faced often with trying to raise money for sidewalks but gas tax goes for that.    Asked that they look at this.

 

Commissioner Holt stated if way out, no problem

 

Chair stated didn’t think right to ask for churches out in boonies to pay or put in sidewalk that goes no-where. 

 

Commissioner Taylor asked if this was asking for development going forward and thinks should be a case by case decision.  She stated she was very appreciative to see pro-active.

 

Mr. Clayton came forward and stated had trouble understanding everything and if urbanized, business may not need or want sidewalk.  He asked if he bought vacant land with no sidewalk and businesses on either side had no sidewalk, would he be penalized and have to put in sidewalk when other businesses would not have to.

 

Mr. Presnell stated if area was zoned commercial, there is no choice.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 3-1 FOR APPROVAL OF OPTION 1.  CHAIR CROLEY OPPOSED.

 

GENERAL BUSINESS

 

16.

Adoption of 2013 Legislative Program

  Chair Croley asked if any discussion.

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 FOR APPROVAL.

 

COUNTY ADMINISTRATOR

 

17.

Update on Board Requests

  Nothing to report.

COUNTY ATTORNEY

 

18.

Update on Various Legal Issues

  Meeting with consultant on Thursday concerning re-districting.

 

Commissioner Hinson asked the percentage needed to make changes.  Attorney Minnis responded that it had to be looked at and consider the percentage of growth.

 

DISCUSSION ITEMS BY COMMISSIONERS

 

19.

 

 

Commissioner Morgan, District 3-District Concerns

 

 

Commissioner Holt, District 4-County Concerns

  Commissioner Holt asked to look as policy and procedure concerning absenteeism. 

 

Chair Croley stated points are well taken and scanned the procedures to find answers. 

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-0 FOR THIS ITEM TO BE REVIEWED IN A COUPLE OF MONTHS.

 

Commissioner Holt stated regarding items to the agenda, item did not require research, when she came aboard, items had to be there by Friday and meeting was Tuesday. 

 

Chair Croley stated was going strictly by procedures.

 

Concerning regional planning, Wakulla opted out on high grade septic tanks.

 

 

Commissioner Taylor, District 5-No Items

  Stated Commissioner Holt touched on adding items to the agenda and asked the language stated “Commission as a whole” and thinks should be changed to “majority” and asked that it be looked at.

 

UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO REVIEW PROVISIONS.

 

Also wanted to address language of “Interim Administrator” and length of time.

 

UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO REVIEW LANGUAGE FOR LENGTH OF TIME FOR INTERIM ADMINISTRATOR.

 

Commended Mr. Presnell on looking at future land use and job he was doing and commended Commissioner Holt for her interest as well.

 

Stated need to look at contracts that are being put out for bids, no cherry-picking, put them all out for bid.

 

 

Commissioner Hinson, Vice Chairman, District 1-County Concerns

  Commissioner Hinson concurred need to bid out everything. 

 

 

Commissioner Croley, Chairman, District 2-Report and Discussion on Public Issues and Concerns Pertaining to Commission District 2 and Gadsden County

  Chair Croley thanked everyone and wanted to encourage the commission to move forward.

 

Gave report on CRTPA-he introduced following roads for consideration and mentioned several roads that were eligible.  

 

Other issues related to municipalities and their request on getting lighting around interchanges.  FHP contacted the Chair and expressed concern about the High Bridge Road bridge. 

 

Other matter concerning grant asked to have place it on the agenda.

 

Have gotten additional funding for next phase of by-pass.  DOT now allowing contractor to take asphalt millings to offset their costs.  Attempting to enter into interlocal agreement with DOT. 

 

RECEIPT AND FILE

 

20.

 

a.

For the Record: Community Development Block Grant (CDBG)-Crawfish Island, Disaster Recovery

 

b.

For the Record: County Officials State, “Gadsden County is Open for Improved Business in 2013”

 

FEBRUARY MEETING(S)

                -February 19, 2013, Workshop/Special Meeting, 4:30 p.m.

                -February 19, 2013, Regular Meeting, 6:00 p.m.

MOTION TO ADJOURN

                THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, CHAIR CROLEY DECLARED THE MEETING ADJOURNED AT 8:54 P.M.