BOARD OF COUNTY COMMISSIONERS

GADSDEN COUNTY, FLORIDA

AGENDA

REGULAR PUBLIC MEETING

OCTOBER 15, 2013

6:00 P.M.

Present:               Doug Croley, Chair – District 2

                                Eric Hinson, Vice-Chair – District 1

                                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 (excused)

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL  Chair Croley called the meeting to order at 6:00 p.m. and asked everyone to stand for the prayer and the Pledge of Allegiance.  A silent roll call was taken by Marcella Blocker.
AMENDMENTS AND APPROVAL OF AGENDA   The following amendment was made to the agenda: · Move Item 15 to Item 8 · Move Item 8 to Item 8A UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 TO MOVE ITEM 15 TO ITEM 8 AND ITEM 8 TO ITEM 8A. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 TO APPROVE THE AGENDA AS AMENDED. ITEMS 9-14, 16, 17.
AWARDS, PRESENTATIONS AND APPEARANCES
1.	Recognition of “Men of Distinction”  Mr. Presnell said Mr. Hinson had a presentation for “The Men of Distinction” and called Mr. Calvin Robinson forward and presented a Resolution to him. Mr. Robinson thanked the Commission and said a few words.
2.	Dr. Richard A. Carvajal President, Bainbridge State College  Mr. Presnell introduced Dr. Carvajal. Dr. Richard A. Carvajal, President of Bainbridge State College, appeared before the Board and stated how they could benefit Gadsden County with the programs they offer.  He said it’s about “training local for a life that is local”. Commissioner Hinson pointed out that Florida would pay the same tuition as Georgia residents and their success rate was remarkable. Dr. Carvajal mentioned several programs they offered. Commissioner Holt mentioned they offered a great nursing program.
CLERK OF COURTS
3.	County Finance and County Clerk Issues  Mr. Thomas spoke briefly on the potential impact with the Federal Government shutdown and stated the County had several grants with the federal government.  He said if this turns into a default, the County has an outstanding commitment of approximately $7.3 Million and contracted obligations with the Federal Government, most of which is with FDOT that could be affected and might not be reimbursed as timely as the past. Commissioner Holt asked if there were a default, what would the Board do as far as the contracts. Mrs. Minnis said the individual contracts would need to be reviewed to determine what the best course of responding would be. Clerk Thomas said he would email a schedule of the contracted obligations to the Commissioners.
CONSENT   Commissioner Hinson asked to pull Item 6. UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 TO APPROVE THE AGENDA AS AMENDED.
4.	Approval of Minutes                 -July 2, 2013 Probation Workshop
5.	Ratification of Approval to Pay County Bills
6.	Approval of the Renewal of the Services Contract with Con-Techs Health & Safety to Provide Drug and Alcohol Screening Services and Training Services  Pulled for discussion
ITEMS PULLED FOR DISCUSSION
6.	Approval of the Renewal of the Services Contract with Con-Techs Health & Safety to Provide Drug and Alcohol Screening Services and Training Services Commissioner Hinson asked if this item has been bid out. Mr. Arthur Lawson appeared before the Board and said the item had been bid out. UPON MOTION BY COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THE AGENDA AS AMENDED.
CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS   Jeff Moore, Potter-Woodberry Road, Havana, FL,  appeared before the Board and said he was here regarding the widening of the road and added he had discovered that part of the design was a safety concern, they discovered there was a proposal to turn Shortcut Road into a one-way road heading North as opposed to the current two-way road.  Chair Croley thanked him for bringing this matter before the Board, said no action could be taken tonight with it being a non-agendaed item, but asked Mr. Presnell to review the matter with the engineers and report back to the Board.
7.	Shirley Dowling
7.	William Brooks
7.	Jessie C. Sears
7.	Susan Roberts
7.	Marion Lasley
PUBLIC HEARINGS
7.	Public Hearing (Quasi-Judicial) Florida Telecom Services, LLC 220’ Self Supporting Lattice Tower Preliminary Site Plan (SP-2013-05) with deviations, 39 Schwall Road, Tax Parcel OD #2-11-3N-2W-0000-00340-0000  Mr. Presnell introduced the above hearing and stated it was a quasi-judicial hearing and had four deviations. Chair Croley explained it was a quasi-judicial hearing and would require everyone who wished to speak to be sworn in.  He asked if any commissioner had had any ex-parte communication concerning this matter and stated he had. Commissioner Hinson stated he had also had ex-parte communications with several people. Lauralee Westine, Esquire, 800 Tarpon Woods Blvd., Suite E1, Palm Harbor, FL  34685, appeared before the Board and asked with an absent commissioner would it still take a super majority vote and asked if it could be continued because of the absent commissioner. Commissioner Hinson asked if there was a quorum, where in the rules did it state a super majority of the commission as a whole and not of the number present. Mrs. Minnis explained according to the Citizens Bill of Rights, their rules state a super majority of the commission as a whole and not a super majority of the commissioners present. Chair Croley stated there was a request to continue this matter to the next meeting. Commissioner Hinson stated he still had questions regarding the matter of a quorum and the voting matter. Commissioner Holt stated she felt the citizens and people present had the right to speak and to grant the continuance because with one commissioner being absent, it was a disservice to the people present. Commissioner Taylor said her concern was with there being no true clarity of the Citizens’ Bill of Rights, she was willing to grant their continuance with the discussion UPON MOTION OF COMMISSIONER HOLT AND SECOND BY COMMISSIONER TAYLOR, THE BOARD VOTED 4-0 TO CONTINUE THE VOTE TONIGHT. Ms. Westine gave a brief overview of the matter and addressed the four deviations they were requesting.  She spoke on the lack of cell phone coverage in the area and Major Wood mentioned to them of a murder in the area and the lack of coverage in the area and also that their radios would not work.  Jessie C. Sears, 112 MY Street, Havana, FL 32333, appeared before the Board and stated when they moved to the area, they had Verizon and it worked well up until several months ago and it quit working.  She said she was involved in an automobile accident and placed a call to 911 and was routed to Georgia who then routed the call to Gadsden County.  She asked that they please get service to the area.  Susan Roberts, Florida Gas Transmission, 1967 Commonwealth Lane, Tallahassee, FL, appeared before the Board and said everyone with the Company thought this was a very good idea and was nice to know when she or anyone with her company was in a remote area, there was reception. William L. Brooks , 112 MY Street, Havana, FL 32333, said he was 68 years old, diabetic and had heart problems, if something happened, he would not be able to call for help. Marion Lasley, 5 Dante Court, Quincy, FL, appeared before the Board and said the variances being asked are not minor but are major variances.  Concerned this would set precedence for future towers.  Asked that the landscaping be evergreen. Shirley Dowling, 72 MY Street, Havana, FL, has zero bars on her cell phone and is in support of the tower. Amy McBride, 737 & 917 Schwall Road, Havana, FL, appeared before the Board and said her main concern was the health issues and when asked no-one could give her answers to her questions.  She wanted reception to her phone but preferred her health over reception.  Jan Rogers, 10622 FL-GA Highway, Havana, FL, appeared before the Board and spoke in support of the tower and the need of reception for cell phones.  He added there were folks concerned about the health issues, while he was not an expert, he has worked in the business for nearly 40 years and cell towers were not a hazard. Joel Vichich, 109 Bobwhite Trail, Havana, FL, appeared before the Board and stated last time he counted, there was approximately 112 residents in the area between Georgia and Florida and there was no reception to speak of and you had to head to Havana past the Hobbit Restaurant before there was any signal at all and was in support of the tower. Chair Croley called for any more speakers. Colleen Meringolo, 2425 Wayside Farm Road, Havana, FL  32333, appeared before the Board and moved here in 2004 and she has her elderly Mother living with her and has no reception and was very much in favor of the tower and added if looked at on the internet, it shows there is very little harm that comes from the radio-active waves, before it gets from the top to the bottom, it dissipates and almost nothing. Ms. Westine appeared before the Board for rebuttal.  Checked with Clerk and no tower has been approved since 2003 forward. When towers are closer, they are able to locate a person with the GPS in their phone and route them to the local 911.  Chair Croley said they would now entertain discussion among the Commissioners and since this was located in his District, he went first.  He noted there was a serious gap in cell service in the area and this tower could help address that.  Satisfied that the property is suitable.  Leaning hard to get Verizon on the tower. Commissioner Hinson said this was an interesting situation.  Needed to talk to Wife after she left for work and time was limited because of the lack of service in the area.  Thought moving in right direction.  Commissioner Holt said have voted to continue and to move on. Commissioner Taylor asked the Administrator to clarify the closest residence to the tower.   If vote for this wants to make sure right fit for neighborhood. Alaura Gutcher, Planning and Community Development Director, appeared before the Board to answer questions posed to her concerning this matter.   She read the difference in the definitions of “variance” and “deviation”.  Commissioner Hinson wanted to make sure all of Ms. McBride’s concerns were addressed. Commissioner Holt wanted to make sure that it was clear to everyone the quasi-judicial hearing would not be continued, testimony would need to be tonight.  Commissioner Taylor said she needed to know tonight if there was anyone living in close proximity. Ms. Gutcher said not privy to information just provided to Clerk. Willie Brown appeared before the Board, did the research, and did not recall any residential structures. Commissioner Taylor asked if she could call a speaker from the audience that sat on the P&Z Commission. Dr. Gail Bridges-Bright, P&Z Board member, appeared before the Board to answer questions.  Major concern applicant could not answer health issues but referred them to website. Commissioner Holt wanted clarity; got it, time to move on. Commissioner Hinson asked if staff could do extensive research regarding the health issues raised tonight. Chair Croley asked the purpose of the Citizens Bill of Rights and super majority vote. Know need, documentation, support effort. Chair Croley said for the record encouraged her to get with the Administrator.
GENERAL BUSINESS
8.	Approval of the Naming of the Gretna Fire Station (moved to Item 8 from Item 15)  Mr. Presnell introduced the above item. Antonio Jefferson, City of Gretna City Manager, appeared before the Board and asked that the building be called “The Brenda A. Holt Public Safety Complex” because there are police and fire located at that building. UPON MOTION OF COMMISSIONER TAYLOR AND SECOND BY Chair Croley, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER. Commissioner Holt thanked everyone and was surprised. Appreciated the honor.
8A.	Family Homestead Subdivision Information Update  Mr. Presnell introduced the above item. Will allow someone with small acreage, could cut out parcel to give to children.  Felt this was tool that could help people. Marion Lasley, 5 Dante Court, Quincy, FL, appeared before the Board and said question was after 5 years could be sold outside of family and could create subdivision.  Chair Croley asked if there were any more comments. Commissioner Taylor said no more land being made, folks having issues with property being divided.   Asked if this Ordinance had been sunsetted, could it now be amended.  Commissioner Hinson posed the question again regarding the super majority vote.  Stated what Mrs. Minnis read was not clear. Chair Croley said for the sake of moving the matter, the interpretation of the item is a separate issue from what Administrator is presenting here. Commissioner Holt said since Bill of Rights was put on the ballot does no good without the votes.  Must get rid of super majority vote.  Chair Croley said thought was presumptuous of what the decision might be.  Met with Administrator and Property Appraiser concerning this and his thoughts were that he recognized and appreciated when a person lived on agricultural land, they might need to assist a family member, whether they were young or elderly, Ordinance sunsetted because caused serious problems for the public.  Thought Administrator has offered reasonable compromise.  Told Administrator if could come up with reasonable solution.  Commissioner Hinson stated he sat on the P&Z board forever as a school board member and was not against the Citizens Bill of Rights. Commissioner Taylor said Chair Croley took the family subdivision and watered it down to fit his need. Chair Croley said this has caused a problem with the public, had no problem with concept.
9.	Approval and Signatures for Satisfaction of Special Assessment Lien(s) State Housing Initiative Partnership (SHIP) Program, Gadsden County Emergency Repair (ER) Program  Mr. Presnell introduced the above item. UPON MOTION OF CHAIR CROLEY AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
10.	Approval of the Construction, Engineering and Inspection  Services to Stantec Consulting Services, Inc. for the Local Agency Program Project-Florida Department of Transportation-Shady Rest Road (C.R. 270)  Mr. Presnell introduced the above item. Commissioner Taylor asked if any other road would be considered other than Shady Rest Road. UPON MOTION OF COMMISSIONER HINSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
11.	Approval for Gadsden County Probation Division to Implement Court Ordered Vehicle Impoundment Program  Mr. Presnell introduced the above item.  Said Judge ordered impoundment and vehicles have been going to different places at $10,00 per day for car and now will be handled through Probation and vehicles to be housed at County Yard at old jail. Commissioner Taylor wanted to disclose she did speak with Ms. Chancey regarding this matter. UPON MOTION OF COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
12.	Approval for Gadsden County Probation Division to Begin Administering Alcohol Breath Testing  Mr. Presnell introduced the above item and will allow the Probation Office to administer breath tests. Commissioner Taylor wanted to disclose she did speak with Ms. Chancey regarding this matter. UPON MOTION OF COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
13.	Approval for Gadsden County Probation Division to Establish Victim Impact Panel  Introduced the above item, would be done on Saturdays, staff would be brought in but money to be paid to who puts on program. UPON MOTION OF COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
14.	Approval of Gadsden County Work Program Policy and Procedures  Introduced the above item. Explained people would be sentenced to County Work Program and they will be utilized at Public Works on Fridays. Commissioner Taylor had questions- Road and Bridge not opened on Fridays.  Administrator said would be for this program and Mr. Young would have rotating list. UPON MOTION OF COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER.
15.	Approval of the Naming of the Gretna Fire Station moved to #8
16.	Somos Uno, Inc. v. City of Midway and Gadsden County/Mediation Agreement  Mr. Presnell deferred to the County Attorney and Mrs. Minnis explained the mediation agreement. UPON MOTION OF COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, BEFORE THE VOTE WAS TAKEN, CHAIR CROLEY HAD CONCERNS. Chair Croley said County has to go to other parties, get clear deed in order to give quit-claim deed to Midway. Mrs. Minnis-yes-clean deed given to County, work will be done and property then deeded to Midway. Chair Croley maintained position that foolish action on part of County to round up former owners to obtain clear title to deed to City of Midway. THE BOARD VOTED 3-1 TO APPROVE THIS MATTER. CHAIR CROLEY OPPOSED.
17.	Approval of National Solar Economic Development Agreement  Original agreement executed and returned   and asking for authorization for Chair to approve and sign UPON MOTION OF COMMISSIONER TAYLOR AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4-0 TO APPROVE THIS MATTER AND AUTHORIZES CHAIR TO SIGN AGREEMENT.
COUNTY ADMINISTRATOR
18.	Update on Board Requests  October 25^th 10:00 a.m. ribbon-cutting of remodeled Courtroom. Working with TCC for business forum, no firm date yet. Commissioner Holt said received call inviting her to meeting on Friday night in this room.  Mr. Presnell said meeting cancelled.  Asked to have something in place procedure wise so Administrator handles matter..  Chair Croley stated form used for Courthouse could be extended to all county facilities. Chair Croley asked when could expect to see something regarding canopy roads-forthcoming from Public Works.
COUNTY ATTORNEY
19.	Update on Various Legal Issues  Mrs. Minnis reported her firm was successful in getting hospital lawsuit dismissed. Mr. Glazer asked her to make Board aware hospital moving along in space at hospital remodeled.
Discussion Items by Commissioners
20.	Report and Discussion on Public Issues and Concerns Pertaining to Commission Districts and Gadsden County
	Commissioner Taylor, District 5  Wanted to revisit something voted on last meeting-EMS building-got more information-no impact to County-grant would cover everything.  Would like to revisit and was she in line and handling correct way. Ms. Minnis said could not tonight, if wished to rescind can do so at next meeting. Commissioner Taylor would like to have it at very next meeting. Chair Croley-could have item to rescind and item to vote to place on agenda. Administrator said needed to move quickly-time for applying for grant running out. Commissioner Hinson said was not straightforward that there was gas tank on property. Commissioner Taylor-I have floor-looking at alternate and taking care of EMS services want brought up for discussion. Minnis said couple of ways to handle and explained. COMMISSIONER TAYLOR MADE A MOTION TO RESCIND AND HAVE ITEM PLACED ON THE AGENDA AT NEXT MEETING TO HAVE VOTE RESCINDED AND TO HAVE PLACED ON AGENDA FOR ACTION BEFORE VOTE WAS TAKEN COMMISSIONER HINSON CALLED FOR DISCUSSION.  CHAIR CROLEY SECONDED THE MOTION.  COMMISSIONER HOLT CALLED FOR DISCISSION. Holt had question-if apply for grant, grant in County’s name.  Withdrew motion to wait until full Board. Understanding Sheriff planned to do something on Breast Cancer Awareness with some type walk. Knew importance to moving the agenda but felt little remiss when the young men were present and thought needed to be mindful may have missed opportunity and may have made them feel uncomfortable.
	Commissioner Holt, District 4  Use of facility-fine with uniform application used for Courthouse. UPON MOTION OF COMMISSIONER HOLT AND SECOND BY CHAIR CROLEY, THE BOARD VOTED 4-0 TO HAVE ADMINISTRATOR PUT UNIFORM APPLICATION BE PUT IN PLACE FOR USE OF COUNTY FACILITIES. Mentioned earlier putting Citizens Bill of Rights on agenda for vote to have placed on ballot. UPON MOTION OF COMMISSIONER HOLT AND SECOND BY COMMISSIONER HINSON, THE BOARD VOTED 3-1 TO CITIZENS’ BILL OF RIGHTS PLACED ON AGENDA FOR VOTE TO PLACE ON BALLOT.  CHAIR CROLEY OPPOSED. Need to address Commissioners in attendance.  Croley-not chartered County-constitutional county-if any commissioner misses enough meetings, complaint can be made to Governor’s office, could be suspended until investigation, but not aware of anything stated that gives them authority to say they have to attend meeting. Mrs. Minnis-no ordinance or policy or procedure in place. COMMISSIONER HOLT MADE MOTION TO PLACE ON AGENDA ITEM FOR ORDINANCE TO REQUIRE ATTENDANCE.  MOTION DIED FOR LACK OF SECOND. Reason brought up-if have meetings where people come, you put yourself at risk, and lives put on hold if Commissioners not here.  Jail-we’re responsible for jail and operations. Don’t want to see something on tv and find out about it later.
	Commissioner Morgan, District 3
	Commissioner Hinson, Vice-Chairman, District 1  Agree in future look at public works on trying to widen roads-High Bridge Road. Alzheimer’s Project-spoke with Sheriff and strong need for bracelets in this County for patients. Be sensitive to visitors, felt slap in face being rushed, need to treat guests like human being and with respect.
	Commissioner Croley, Chairman, District 2   Filed with Clerk’s office certificate of completion of ethics course. Canteen fund, Taylor is appointee, been two years since met, need to meet-Chair asked that item be placed on agenda. Length of meetings-staff wore out along with everyone else.  Asked Administrator when having quasi-judicial meetings, to be mindful of items on agenda.  In future, when presentation, allow more time.
RECEIPT AND FILE
NOVEMBER(S) MEETINGS                 -November 5, 2013, Regular Meeting, 6:00 p.m.                 November 19, 2013, Regular Meeting, 6:00 p.m.
MOTION TO ADJOURN Adjourned at 9:56 p.m.