Board of County Commissioners

Gadsden County, Florida

AGENDA

Regular Public Meeting

March 19, 2013

6:00 p.m.

Present: Chair Doug Croley-District 2, Chairman

Eric Hinson-District 1, Vice-Chairman

Gene Morgan-District 3 (arrived late)

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

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Croley called the meeting to order at 6:00 p.m. and opened the meeting with a 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 the agenda and there were none. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-0 BY VOICE VOTE TO APPROVE THE AGENDA.
AWARDS, PRESENTATIONS AND APPEARANCES
1.	Discussion of Redistricting Issues Mark Logan, Esquire, Sniffen and Spellman, P.A., appeared before the Board. Ms. Minnis introduced the item concerning the redistricting issues. Mr. Logan spoke on behalf of the redistricting issues and gave a brief overview of the law on redistricting. Commissioner Morgan arrived at this juncture of the meeting. The Commissioners asked questions concerning the redistricting. Mr. Logan explained the need to look at the data but did not mean that the Board “had” to make any changes. Commissioner Taylor stated the Board this did not mean that they must move district lines, but they must address the issue, must do due diligence in looking at the districts and this needed to be agendaed for a later date. Commissioner Morgan stepped out at this juncture. Chair Croley asked that this be properly agendaed and brought back to the Board at a later date with all supporting documentation. Commissioner Morgan returned at this juncture.
CLERK OF COURTS
2.	County Finance and County Clerk Issues Clerk Thomas stated there were no reports to present.
CONSENT Chair Croley asked if there were any items to pull and then stated he wished to pull Item 5. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE ITEMS 3, 4, 6 & 7.
3.	Approval of Minutes- -February 19, 2013-Workshop/Special Meeting -February 19, 2013-Regular Meeting
4.	Ratification of Approval to Pay County Bills
5.	Request Approval of Collective Bargaining Agreement between IBEW Local 2152 and Gadsden County Board of County Commissioners Item pulled for discussion by Chair Croley.
6.	Surplus Ambulances The surplus vehicles: County Property #A-1058 ambulance #2, 2008 Chevy to Robertsville VFD County Property #A-1088 ambulance #6, 2009 Chevy to Robertsville VFD County Property #A-1065 ambulance #9, 2008 Chevy to Wetumpka VFD County Property #A-1057 ambulance #10, 2008 Chevy to Greensboro Fire Dept. County Property #A-0453 ambulance #4, 2007 Chevy to Havana Fire Dept. County Property #A-1020 Ambulance #8, 2006 Chevy to Concord VFD County Property #A-639 brush truck, declare surplus, sell at auction
7.	Approval to Award Bid Number 12-14 Part-time TDC Coordinator to Legacy Marketing, Inc., (Mary Kelly) and Authorize the Chairman to Execute the Agreement The contingency of this agreement is solely based upon a 6 month performance review.
ITEMS PULLED FOR DISCUSSION
5.	Request Approval of Collective Bargaining Agreement between IBEW Local 2152 and Gadsden County Board of County Commissioners Chair Croley asked Mr. Presnell questions concerning had questions. Arthur Lawson appeared before the Board to answer questions. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 3-2 BY VOICE VOTE TO APPROVE THE ITEM. CHAIR CROLEY AND COMMISSIONER MORGAN OPPOSED.
CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS
	Mr. Ed Allen, Lake Talquin, appeared before the Board and stated all questions had been answered earlier by Mr. Logan. Mr. Presnell stated the item would be agendaed for the second meeting in April.
PUBLIC HEARINGS
8.	Public Hearing-Amendment of Section 2-45 of the Gadsden County Code of Ordinances Ms. Minnis stated suggested changes in the language had been made. Chair Croley called for comments from the citizens. Ed Allen appeared before the Board and asked why the change in the deadline from 10 to 7 days. Mr. Presnell stated it was 7 business days. Commissioner Morgan stated as the deadline stands currently, the deadline would be Noon the next day and the change would allow staff more time to better prepared agendas for the next meeting. Mr. Presnell explained nothing would change regarding procedures, but this would put them in compliance with their ordinance. Chair Croley suggested splitting the issue and support the 7 days, but not adding items not advertised. Commissioner Morgan made a motion to split the items. Before votes were called, Commissioner Holt asked for more discussion. Chair Croley expressed his feelings on the matter and stated he was not in favor of “simple majority vote” to amend the agenda. He asked that they split the decision in favor of the days changing but not the simple majority vote. Commissioner Holt stated unanimous didn’t matter; that her opinion was 3 votes was all that was needed to put an item on the agenda. Commissioner Taylor stated for the record, in all fairness, the Chair was right but there would be occasions that the Board would need to consider items and they would need to be added to the agenda at the last minute. Commissioner Hinson stated the 10 day rule threw him off and he had been fighting this the past month and stated he would like to amend the motion. Commissioner Holt stated Commissioner Hinson had a park in his district that was taken out of her district to put in District 1 because proper procedure was not followed. She stated it should be majority not unanimous. Chair Croley stated they were not discussing voting on items on the agenda but adding items to the agenda at the beginning of the meetings that had not been advertised and the public had not been notified of with the exception of emergency items. Chair Croley asked Ms. Minnis to clarify the procedure of placing items on the agenda after publication of the agenda. Ms. Minnis stated the current policy requires vote of the whole. Commissioner Holt asked where located in their policies and procedures. Commissioner Taylor said, “You must move forward with caution because 9 times out of 10, these very same rules that we stand up against are the same rules that come back to haunt us.” What’s happened in the past has nothing to do with the Board now. Mr. Allen appeared before the Board again and stated under 2-45(a) “There shall be an official agenda for every meeting of the Commission and it shall determine the order of business at that meeting.” Commissioner Holt stated her problem was under (h) and (j). Chair Croley stated currently it reads “All support information for agenda items shall be available no later than ten business seven (7) days before the regular meeting.” Commissioner Taylor had comments. Commissioner Holt stated the ten days was one she wrote to give the commissioners time to look over the items on the agenda. Commissioner Hinson stated the commissioners had made valid points. Made motion to amend to 7 business days provided doesn’t affect general revenue, add to agenda by simple majority, Taylor second. Ms. Minnis stated that the prior motion needed to be addressed before entertaining this motion and that it would die for lack of a second. Chair Croley stated he would second Commissioner Morgan’s motion because there had to be a motion on the floor to be able to amend it. A MOTION WAS MADE BY COMMISSIONER HINSON AND SECONDED BY COMMISSIONER TAYLOR, TO AMEND THE MOTION TO ACCEPT THE CHANGE TO 7 DAYS OF PLACING ITEMS ON THE AGENDA THAT DID NOT AFFECT GENERAL REVENUE, BUT BEFORE THE BOARD VOTED THERE WAS MORE DISCUSSION. Commissioner Morgan stated things were getting too complicated and he was trying to keep it simple. Commissioner Hinson withdrew his amendment and Commissioner Taylor withdrew her second. UPON MOTION BY COMMISSIONER MORGAN AND SECOND BY CHAIR CROLEY TO SPLIT THE QUESTIONS OF KEEPING 7 DAYS SEPARATE, THE BOARD VOTED 3-2 BY VOICE VOTE TO OPPOSE THE ITEM. COMMISSIONERS HOLT, HINSON AND TAYLOR OPPOSED. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER TAYLOR TO CHANGE THE DEADLINE TO 7 DAYS FOR SUPPORTING INFORMATION AND ALLOW THE BOARD TO BE ABLE TO VOTE, AS A WHOLE, ON NON-AGENDAED GRANTS AND EMERGENCY ITEMS THAT DID NOT IMPACT GENERAL REVENUE, THE BOARD VOTED 3-2 BY VOICE VOTE TO APPROVE THE ITEM. CHAIR CROLEY AND COMMISSIONER MORGAN OPPOSED.
9.	Public Hearing-Approval of Budget Amendments and Resolution and Approval of Joint Participation Agreement (JPA) Between the City of Tallahassee(via StarMetro) and Gadsden County for 2012 Federal Transit Administration (FTA) Funding Under Section 5316 of the Job Access Reverse Commute Program (JARC) and fort the Chairman to Execute Agreement Mr. Presnell stated this was for Gadsden Express and stated the County was receiving $100,000 grant and it was a matching grant. Commissioner Croley stated this was a public hearing and called for comments from the public and there were none. Commissioner Hinson stated he had issues-that Havana had no transportation. He stated he would like to meet with someone to answer questions. Shawn Mitchell, Big Bend Transit, appeared before the Board and stated this was a FTA grant, this was a joint grant with the City of Quincy and this could be looked at with StarMetro to redraw service lines. Commissioner Holt stated to expand their services; they would need to readdress the service routes and other funding avenues. Chair Croley reminded them that Big Bend Transit was a subcontractor for StarMetro and if they wished to expand to outlying areas, they would need to have matching monies. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE ITEM.
GENERAL BUSINESS
10.	Approval of Amendment Number 3 to the Contract between Gadsden County and Big Bend Transit for the Continuation of Gadsden Express Services for Twenty-Six (26) Months and Authorize the Chairman to Execute Mr. Presnell introduced the next item.Holt/Taylor UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, BEFORE THE VOTE WAS TAKEN COMMISSIONER MORGAN ASKED THAT IT BE EXPLAINED WHERE THE MONEY CAME FROM AND HOW MUCH IT WAS. THE BOARD THEN VOTED 5-0 BY VOICE VOTE TO APPROVE THE ITEM.
11.	Approval to Sell a 1996 Ohmeda Excel 210 SE Anesthesia Machine to Tallahassee Memorial Healthcare (TMH) for $2,400 Mr. Presnell stated this was a motion to approve the sale of an old machine. Commissioner Hinson asked if this was the only company that used this equipment. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE SALE OF THE MACHINE.
12.	Discussion of Soliciting Request for Proposals for Legal, Engineering and Auditing Services Mr. Lawson appeared before the Board and asked if the Board wanted them to move forward with the major RFP’s or wait until the contracts expired. Commissioner Taylor stated she was not interested in interrupting services of the auditor for this fiscal year. Commissioner Morgan stated anytime there was improvement of efficiency without interruption of services he was all for. Commissioner Holt had questions regarding the county attorney and engineer’s bills and asked what the retainer covered. Commissioner Hinson asked how business had been conducted in the past. Mr. Lawson answered when time for the contract to expire, he would appear before the Board and asked if the Board would like to extend the contract or advertise the RFP. Commissioner Taylor had comments. Commissioner Hinson had comments. Chair Croley added that all 3 vendors had done a very good job and that Commissioner Taylor was correct that there was nothing wrong in taking new RFPs. Added he did not think they should break contracts midterm. Commissioner Holt had questions to ask of Mr. Lawson. Commissioner Morgan had comments. Commissioner Hinson had comments. Chair Croley stated he had no problem in periodically reviewing services. Commissioner Taylor had comments. Commissioner Morgan had comments. Commissioner Hinson had comments. Taylor-motion to place 3 out for RFPs. Mr. Presnell asked that they give staff time to stagger the RFPs. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT TO ISSUE RFP’S FOR AUDITING, ENGINEERING AND ATTORNEY SERVICES ON A STAGGERED MANNER AND IN A MANNER TO ALLOW NO MONETARY ISSUES THAT WOULD HURT THE COUNTY, THE BOARD VOTED 3-2 BY VOICE VOTE TO OPPOSE THE ITEM. CHAIR CROLEY, COMMISSIONERS MORGAN AND HINSON OPPOSED. MOTION FAILED.
13.	Approval of Joint Participation Agreement for Gateway Signage and Landscaping Project (CFSA 55.023) This will fund projects on U.S. 27, SR 267, US 90, CR 270A and SR 65 and funding for the construction is $142,866.00 and is to be completed by June 30, 2014. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER MORGAN, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE ITEM.
14.	Approval of Matching Grant Application for Ambulance Stretchers and Comprehensive Back Injury Prevention Program Mr. Presnell explained the item. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 5-0 BY VOICE VOTE TO APPROVE THE ITEM.
COUNTY ADMINISTRATOR
15.	Update on Board Requests Mr. Presnell stated the contract for the Magistrate would be signed tomorrow.
COUNTY ATTORNEY
16.	Update on Various Legal Issues Commissioner Taylor asked about the National Solar contract and Ms. Minnis stated she had not heard from them and she would contact them. Commissioner Holt asked for clarification of the bills submitted to the County by the attorney.
DISCUSSION ITEMS BY COMMISSIONERS
17.
	Commissioner Morgan, District 3 Commissioner Morgan stated he had very serious items to address concerning the direction of the county government. He stated Gadsden County was very unique and when you lose hope you lose everything. He added that there were 80+ jobs open at Florida State Hospital and had been for some time.
	Commissioner Holt, District 4 Commissioner Holt stated she had spoken to the Administrator and had not envisioned the TDC kiosk as it was presented. She also stated she had spoken to other city managers to see what they were or were not doing with the TDC. She said Friendship was upset with not receiving the park and she said they would be having a community meeting to look into applying for grants for improvements in the area. She added that they needed someone who could do grant writing.
	Commissioner Taylor, District 5 Commissioner Taylor stated around this time of year the County would receive fiscal (inaudible) dollars. Jeff Price came forward and stated that it should be within the next month or so and usually it’s around 1.2 million. Commissioner Taylor stated she wanted to make a motion to use those funds to sponsor students with summer employment and would like to add item to agenda Holt second. Morgan opposed 4-1. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-1 BY VOICE VOTE TO ADD THIS ITEM TO THE AGENDA. COMMISSIONER MORGAN OPPOSED. She added she had a conversation with Public Works concerning private roads and with the rainy weather that had been experienced recently. She made a motion that they revisit issues of adopting private roads. Motion died for lack of second. She added the City of Quincy did approve the Shuttle for the entire year. She asked that they consider allowing her to work with the City to look into getting routes extended. Commissioner Holt stated she had no problems with proposals, but she wanted to hear best ones. Commissioner Taylor stated this would come back for discussions at a later time and she would like to be liaison. UPON MOTION BY COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT FOR COMMISSIONER TAYLOR TO BE PRESENT AT NEGOTIATIONS REGARDING THE CONTRACT, THE BOARD VOTED 4-1 BY VOICE VOTE TO APPROVE THE AGENDA. CHAIR CROLEY OPPOSED. She added she was sad the RFP issue failed because it would cost the county later.
	Commissioner Hinson, Vice-Chairman, District 1 Commissioner Hinson stated to cut out middleman, buy bus from StarMetro, they will hire driver and service bus. Could save $50,000. Chair Croley stated the executive director sits on the CRTPA board and stated it was through StarMetro that the County had been able to obtain the grant through the federal government.
	Commissioner Croley, Chairman, District 2 Chair Croley asked to clear up that he had no personal animosity with anyone on the Board, but there are times some get passionate about certain items. He asked that they understand that they do not live in a vacuum and that people are watching.
RECEIPT AND FILE
18.
a.	For the Record: Gadsden County/2012 Annual Report
b.	For the Record: Letter from Florida Division of Emergency Management Regarding Local Mitigation Strategy Annual Request for Update
March Meeting(s) -April 2, 2013, Regular Meeting, 6:00 p.m. -April 16, 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 9:11 P.M. GADSDEN COUNTY, FLORIDA _______________________________________ DOUGLAS M. CROLEY, CHAIR BOARD OF COUNTY COMMISSIONERS ATTEST: ________________________________________ MARCELLA BLOCKER, Deputy Clerk for NICOLAS THOMAS, CLERK OF COURT GADSDEN COUNTY, FLORIDA