Board of County Commissioners

Gadsden County, Florida

AGENDA

Regular Public Meeting

February 19, 2013

6:00 p.m.

Present: Doug Croley-District 2, Chairman

Eric Hinson-District 1, Vice-Chairman

Gene Morgan-District 3

Brenda Holt-District 4

Sherrie Taylor-District 5

David Weiss, Assistant County Attorney

Robert Presnell, County Administrator

Marcella Blocker, Deputy Clerk

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Croley called the meeting to order at 6:02 p.m. and asked everyone to mute all electronic devices. He then asked those who wished to address the Board to fill out a “Speaker Request Form” and file it with the Clerk. He asked everyone to stand for a moment of prayer and the pledge of allegiance to the U.S. Flag.
AMENDMENTS AND APPROVAL OF AGENDA Chair Croley asked if there were any amendments to there agenda and there were none. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE AGENDA.
AWARDS, PRESENTATION AND APPEARANCES There were no awards, presentations or appearances.
CLERK OF COURTS
1.	County Finance and County Clerk Issues No report or issues were on the agenda.
CONSENT UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE CONSENT AGENDA AS PRINTED. (ITEMS 2 – 8) Commissioner holt appeared at this juncture of the meeting.
2.	Approval of Minutes -December 4, 2012 - Regular Meeting -December 18, 2012 - Regular Meeting -January 15, 2013 – Regular Meeting
3.	Ratification of Approval to Pay County Bills
4.	Approval of EMS Consultants 2013 Annual Support Agreement
5.	Approval of Department of Economic Opportunity (DEO) Technical Assistance Grant and Authorization for Board to Execute
6.	Request Approval to Pay Expenses for the Refunding of the Sales Tax Revenue Refunding Bond, Series 2010 – Hospital Loan
7.	Support Letter to Apply for National Recreation Trail Designation for the Apalachicola River Blueway Paddling Trail
8.	WORKFORCE Plus Interlocal Agreement
ITEMS PULLED FOR DISCUSSION
CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS There were no citizens requesting to be heard.
PUBLIC HEARINGS
9.	Public Hearing-United New Jerusalem Church of Jesus Christ Variance Request (V-2013-01) from Subsection 5611.G.1 Access of the Land Development Code (Quasi-Judicial Action) Mr. Presnell explained the above item. Commissioner Hinson stepped out at this juncture of the meeting. Deputy Clerk Marcella Blocker swore in Mr. Matheny. Chair Croley called for any public comments and there was none. Commissioner Hinson entered at this juncture of the meeting. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE OPTION 1 OF THIS ITEM.
10.	Second Public Hearing-Ordinance to Revise Subsections 5003.B(6) Non-Conforming Uses of the Land Development Code Mr. Presnell introduced the above item and explained this was the second public hearing in regard to this matter. Chair Croley asked for any public comment and there was none. Chair Croley raised an issue concerning the original recommendation of 1 year and stated it was his opinion that 2 years would be reasonable and then a variance could be granted later if needed. Commissioner Holt stated in looking at financing giving more time for proper approval would be better if they had more time. Chair Croley stated this would allow for transfer of business in an attempt to help to keep it open. Commissioner Hinson stated he was in favor of 3 years along with Commissioner Holt and that he had talked with Mr. Presnell and asked what pros and cons would be. Mr. Presnell stated cons would be building sitting for period of time deteriorating; pros would be to encourage business, economic development, support thriving business. Commissioner Hinson asked if changed to 3 years would it slow pace any. Commissioner Taylor. “I appreciate the discussion that is ongoing. Let’s stick with Country Boys. I was just there yesterday because we had an issue there and if we let it stay at two years, and I’m talking about a perfectly great restaurant, and it wouldn’t be able to open because of the codes (inaudible) But now, if we let it stay at three years, will be able to open.” Chair Croley asked if there any harm in using 36 months rather than the original two years. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE OPTION 1 OF THIS ITEM.
11.	Second Public Hearing-Ordinance to Amend Subsection 2101 of the Gadsden County Land Development Code (LDC) Clarifying Facilities Permitted as Accessory Uses Mr. Presnell introduced above item and stated this was cleaning up the codes. Chair Croley called for public comment and there was none. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE OPTION 1 OF THIS ITEM.
GENERAL BUSINESS
12.	Reappointment of Members to the County Tourist Development Council Mr. Presnell introduced this item and stated it was for re-appointment of members to the Tourist Development Council and announced that Ms. Patel submitted her resignation and Mr. Presnell asked that this item be tabled. LEE GARNER, Chair, TDC, appeared before the Board and commented he thought he had been re-appointed last year and apparently was not and asked that he be re-appointed retroactive to last year. Commissioner Holt stated the appointments were to be by districts. She added research should be brought back with this item with suggestions of appointees. Chair stated this item required action on three appointees tonight. Commissioner Hinson read Article 2: Membership for the benefit of the Board members. Mr. Garner stated they could recommend nominees and it was up to the Board to make appointments. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER MORGAN, THE BOARD HAD DISCUSSION BEFORE THE VOTE WAS TAKEN. Commissioner Holt had comments. Commissioner Hinson stated he and Chair Croley were getting short sided. THE BOARD VOTED 4-1 BY VOICE VOTE TO APPROVE OPTION 1 OF THIS ITEM. COMMISSIONER HOLT OPPOSED.
COUNTY ADMINISTRATOR
13.	Update on Board Requests Mr. Presnell stated getting very close on assessment of Ames-Barineau Road and Quail Roost Drive. There is grant opportunity for clean-up for Quincy Middle School –looking at tear-down of building and replace with park. Getting closer to put together joint commission meeting with City of Quincy pertaining to economic development. Commissioner Morgan mentioned the rescheduling of the BOCC retreat.
County Attorney
14.	Update on Various Legal Issues Commissioner Taylor asked about status of policies and procedures. She also asked for a break-down of the county attorney bill. Commissioner Hinson asked if changing deadline of agenda would give more time to put things on agenda and make sure they had everything.
DISCUSSION ITEMS BY COMMISSIONERS
15.
	Commissioner Morgan, District 3 - District 3 Concerns Had nothing to report.
	Commissioner Holt, District 4 - County Concerns Mentioned the enterprise zone and benefits to employers and added was another program that could help businesses. She added there had been a problem with some counties misusing asphalt millings but we needed to see about getting more to help repair pot-holes and roads.
	Commissioner Taylor, District 5 – No Items Staff mentioned CDBG grants and stated she was asking for staff to take a look into this. Said this matter was touchy, but need to look at Citizens Bill of Rights and stated it has hurt the County. Put in motion to have all procurement bills, mainly legal, engineering and auditors, be brought up for bid to be able to get best competitive price. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 5-0 BY VOICE VOTE TO HAVE PROCUREMENT CONTRACTS AND POLICIES PLACED ON THE AGENDA FOR FURTHER DISCUSSION. She asked that they look into landlord-tenant law and Chair Croley asked if it was set by state statute and Mr. Weiss concurred and stated he was not aware of any county regulations regarding this matter. She asked about the Family Exemption regarding property and asked that it be revisited. She mentioned the re-districting and stated it was not mandated.
	Commissioner Hinson, Vice Chairman, District 1 – County Concerns He stated for the record, his community loved him and he would never hurt their feelings and tell them that he had to abandon them. He mentioned issues with the agenda and wanted to give the Administrator enough time and asked about changing it to 7 days. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 5-0 TO PLACE ON THE AGENDA TO CHANGE THE AGENDA DEADLINE TO 7 DAYS.
	Commissioner Croley, Chairman, District 2 – Report and Discussion on Public Issues and Concerns Pertaining to Commission District 2 and Gadsden County Commissioner Croley passed the gavel to Commissioner Hinson and had comments concerning the issue of rules of procedure. He referenced 286.011 FS and Government in the Sunshine concerning the publishing of the agenda. He stated they were following procedure that was in place now. He made motion that section 245(j) be removed from their Rules of Procedure. Commissioner Hinson asked if this would put it on the next agenda. Commissioner Holt added that several opinions of the Attorney General had been overturned. Commissioner Taylor stated she and Commissioner Hinson wanted to make sure their time on the Board was productive. Commissioner Hinson stated there was a motion on the floor, stated he agreed with Commissioner Croley’s motion Commissioner Croley pointed out the language states “consent of the Commission as a whole”. Commissioner Morgan stated this matter was getting too involved and needed to move forward. Commissioner Holt stated all they were doing was putting this matter on the agenda. UPON MOTION BY COMMISSIONER CROLEY AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 3-2 BY VOICE VOTE TO HAVE SECTION 245(J) REMOVED FROM THE BOARD’S RULES OF PROCEDURE. COMMISSIONER HINSON, COMMISSIONER HOLT AND COMMISSIONER TAYLOR OPPOSED. MOTION FAILED. Commissioner Morgan stepped out at this juncture of the meeting. Commissioner Morgan returned at this juncture of the meeting.
RECEIPT AND FILE
16.
a.	For the Record: Economic Development Report, February 2013 – Gadsden County Chamber of Commerce
b.	For the Record: Letter from the Town of Havana Regarding its Community Redevelopment Agency Annual Report
c.	For the Record: Letter from Department of Economic Opportunity Regarding Florida Community Development Block Grant Program, Disaster Recovery Initiative Contract and Gadsden County On-Site Monitoring Report
MARCH MEETING(S) - March 5, 2013, Regular Meeting, 6:00 p.m. - March 19, 2013, Regular Meeting, 6:00 p.m.
MOTION TO ADJOURN THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, CHAIR HINSON DECLARED THE MEETING ADJOURNED AT 7:45 p.m. GADSDEN COUNTY, FLORIDA ______________________________________ DOUGLAS M. CROLEY, CHAIR Board of County Commissioners ATTEST: ____________________________________________ MARCELLA BLOCKER, Deputy Clerk for NICHOLAS THOMAS, CLERK