Board of County Commissioners

Gadsden County, Florida

AGENDA

Regular Public Meeting

October 7, 2014, 2014

6:00 p.m.

 

Present:               Eric F. Hinson, Chairman, District 1

                                Brenda Holt, Vice-Chair, District 4

                                Doug Croley, District 2

                                Gene Morgan, District 3

                                Sherrie Taylor, District 5

                                Nicholas Thomas, Clerk of Court

                                Robert Presnell, County Administrator

                                David Weiss, County Attorney

                                Marcella Blocker, Deputy Clerk

 

INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL

  Chair called the meeting to order at 6:00, Pastor Morris gave the Invocation, Chair led in the Pledge of Allegiance and a silent roll call was  

AMENDMENTS AND APPROVAL OF AGENDA

  No amendments.

 

Commissioner Morgan asked if Item 4 was in the right spot on the Consent Agenda

 

UPON MOTION BY COMMISSIONER HOLT AND SECOND BY COMMISSIONER CROLEY, THE BOARD VOTED 5-0 TO MOVE ITEM 4 FROM THE CONSENT AGENDA TO ITEM 11A UNDER GENERAL BUSINESS.

 

AWARDS, PRESENTATIONS AND APPEARANCES

 

1.

Introduction & Update from Apalachee Regional Planning Council

  Chris Rietow, Executive Director, District 2 LEPC Staff, appeared before the Board and gave an update from the Apalachee Regional Planning Council.

 

Commissioner Holt said there would be a lot of information coming up concerning tax credits, government gets tax credits.

 

Mr. Rietow said very complicated tax credit process.

 

Commissioner Morgan asked if the board still met bi-monthly-yes-4th Thursday-asked if they would consider hosting their meeting in Gadsden County some time-yes.

 

CLERK OF COURTS

  Mr. Thomas said for the record he forwarded them an email regarding cash balances.  He explained the EMS fund was short of cash and would need to be corrected with budget amendment within next few months.

 

Commissioner Morgan asked if the county as a whole was financially healthy-as of September 30th yes.

 

CONSENT

  Holt/Morgan 5-0

 

2.

Vickie Dillard d/b/a Escape Lounge v. Gadsden County Board of County Commissioners/Release

 

3.

Approval for Plotter to be Declared as Surplus and Sold for Parts

 

4.

Approval of Annual Contract between Gadsden County BOCC and The Florida Department of Health for the Operations of the Gadsden County Health Department  Moved to Item 11A

 

5.

Approval of Minutes

                -July 15, 2014 Regular Meeting

 

ITEMS PULLED FOR DISCUSSION

 

CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS (3 minute limit)

 

 

   Mrs. Crowser, Black Heritage Museum, opened on May 25th at the old Stevens School. 305-252-3535  786-287-1157 phone numbers

 

   Mary Lee Lancaster, 2140 loose animals, here because of stray dogs that terrorize neighborhood at night, asked if ordinance that held pet owners responsible for their pets-no.  Asked that the county consider enacting this ordinance.

 

   Rev. Alphonso Figgers, 215 North Chalk Street, Quincy, appeared before the board with a flyer for the Shaw Quarters/Addition Community Day scheduled for October 25, 2014 from 10:00 a.m. - 6:00 p.m.

 

At earlier meeting TCC building was discussed

 

If anything in place for first responders, maybe next year organize something on courthouse square.

 

Safelite opened new business in 10/90 park, maybe more will come.

 

Hospital-when will be open for full operation

 

Commissioner Taylor said would be good if he sat with Administrator.

 

Commissioner Holt said Industrial Park on Joe Adams belongs to City.

 

Thanked Commissioner Croley for his services during his term as commissioner.

 

   Willie Scott, 26 Shaw Lane, appeared before the Board from Senior Citizens Services, problem and here to asked county attorney to search by-laws to make sure   building established in 1987.

 

Chair Hinson asked him to get in touch with Administrator.

 

Commissioner Morgan asked if would be more productive if attorney, Administrator and Mr. Scott met at same time.

 

Commissioner Taylor said this needed to happen as soon as possible.

 

 

   Larry Clayton, 1564 Dodger Ball Park Road, filing formal complaint land use

 

Commissioner Taylor stepped out.

 

– land use description is Ag2, now being used as commercial.  Has been ongoing problem with complaints to commissioners and Sheriff’s Office. 

 

Commissioner Taylor returned.

 

PUBLIC HEARINGS

 

6.

PUBLIC HEARING-Amendment of the Land Development Regulations as it pertains to Development Agreements and Adoption of Ordinance 2014-005

  Mr. Presnell introduced above item.

 

Mr. Weiss said upon review of item, was scrivener’s error & motion needs to include Exhibit B and correction

 

Chair Hinson asked if anyone in public wished to speak.

 

Allara Gutcher appeared before the board and explained ordinance.

 

Commissioner Croley asked, for instance, if this pertained to Coastal Lumber- Allara said more geared to property owner and developer.

 

Holt/Croley with changes to include scrivener’s error 5-0

 

7.

PUBLIC HEARING-Transmittal Hearing for the Amendment of the Intergovernmental Coordination Element of the Comprehensive Plan to the Department of Economic Opportunity for review.

   Mr. Presnell introduced above item and said housekeeping item.

 

Chair Hinson asked if anyone wished to speak-no.

 

Commissioner Holt asked if had city wanted to do development, how would affect project.

 

Allara Gutcher said essentially set up to help work with other agencies.

 

Holt/Morgan 5-0

 

8.

PUBLIC HEARING-Amendment of the Land Development Code as it pertains to a change of use of a structure and Adoption of Ordinance 2014-006

  Mr. Presnell introduced above item.

 

Chair Hinson asked if anyone wished to speak.

 

Larry Clayton appeared before the board and asked if business closed today, how long before another business can come in.  Depends on if an allowable use-no time limit.

 

Holt/Taylor 5-0 approved.

 

9.

PUBLIC HEARING-Adoption of Ordinance 2014-007, Amending the Gadsden County BOCC Procurement Policy to provide for a local preference in bid awards, to permit the utilization of contracts of other public entities on the same terms and conditions if the contract was competitively bid, and to permit bid awards to the next lowest bidder after rescission of the low bid without a new solicitation; providing for repealer, severability, and modifications that may arise from consideration at public hearing, and providing for an effective date.

  Mr. Presnell introduced above item. 

 

Chair asked if any public comments – no.

 

Commissioner Morgan asked 1) support intent don’t support put financial burden to taxpayers-and would like to see language for qualifications.

 

Commissioner Croley said have seen these before and don’t think much of them-very hard to implement and costs taxpayers money.  Administrator and staff done excellent in reaching out to local businesses, but used Stones as example, local store, headquarters based in GA.  Bell and Bates locally owned and operated, would B&B get preference over Stones?

 

Commissioner Holt said trying to give opportunities to local people. 

 

Taylor-idea is to grow economy, of invest locally happens.  Not much going on in area.  Agree with Croley, complex issue, don’t want to alienate other companies. 

 

Chair said spoke to folks in area, if continue to invest back in area, will get more out of it. 

 

Commissioner Morgan said he didn’t think any of them did not want to support local business, issue is if costing taxpayers money, not willing for it. 

 

Taylor said specs in bid would eliminate because of experience being requirement, need to be something in place

 

Croley said another thing might be overlooking, road contract, based in Havana, projects he does, majority funded by fuel tax, sometimes people confusing these type of programs.  Croley added hadn’t heard from Mr. Lawson,

 

Holt/Taylor option 2 modified with price match 

 

Mr. Weiss read in changes.

 

Taylor said more comfortable to bring this back with amended language.

 

Taylor/Morgan moved to bring back.

 

Croley called for discussion-page 2-define local businesses-lot of questionable things.

 

Chair called for vote 4-1  Croley opposed.

 

10.

PUBLIC HEARING-Adoption of Ordinance 2014-008, Amending Chapter 58, Article IV, Gadsden County Code of Ordinances, Entitled Outdoor Festivals; Providing for Repealer, Severability, Inclusion in the Gadsden County Code, Modifications That May Arise from Consideration at Public Hearing, and Providing for an Effective Date.

  Mr. Presnell introduced above item. 

 

Mr. Weiss said simple change and all does is clarify that this only applies to outdoor music festivals, not other activities and increase exemption

 

  Gloria Prather, 924 Frank Smith Road, Quincy, appeared before the Board.  Said heard music other night, want to increase from 500 to 2,000 and does not agree with change-people being disturbed.

  

  Michael Dorian, 145 Alligator Run, already have festivals going on,

 

Commissioner Morgan stepped out.

 

People parking on side of roads, call police, then they do it again the next week, have model airplane shows, soccer games, other night had steel band there.

 

Morgan returned.

 

Asked what kind of protection they would have, with increasing to 2000, would be parking all down the road.  Neighbors would have to listen to music, fireworks.  Asked commissioners to say no.

 

  Larry Ganus, appeared before the board, 1.4 miles from venue and can hear music, voices over loudspeakers, biggest fear if expanded to 2000 people, noise worse, traffic problems, parking problems,  only have to provide affidavit that won’t have over 2000 people, only going to exacerbate situation, asked to leave as is.  Also Chapter 55 Noise ordinance, and read that to commissioners.  Said ordinances on books that are not being enforced. 

 

  Wayne Hawthorne, 804 Frank Smith Road, Quincy, FL, appeared before the board and lives in area. 2 miles from site, noise problem, parking problem with only 500 people, no sanitary facilities, no police, dangerous situation.  Nuisance to all of sudden hear fireworks go off.  Asked them to consider leaving ordinance as is. 

 

  Larry Clayton, appeared before the board, expressed concerns with outdoor festivals.  Limit of 500 understands applies to any gathering.  Lives right next door to event and difficult to enjoy life when the events go on.  If any change to ordinance, should be to ensure safety of attendees, noise, appropriate facility to handle garbage and waste.

 

Commissioner Holt said she had item placed on agenda, this is luau law, and when they had that, they provided.  When had luau, there were 42 vendors  and they had problem with parking.  This is to allow property owners to utilize their properties and make an income.  Maybe should be addressed in workshop.

 

Commissioner Morgan said any ordinance not enforces needs to be addressed, listened to concerns from citizens, sees nothing good to raise amount of people, from safety standpoint.

 

Croley said this event is occurring regularly in district 2, appreciate citizens that came, but aren’t only ones that voice displeasure.  Started with luau, moved to Taylor’s district, moved to Ball Farm, now soccer games on Highway 12.  Does not think changing ordinance good idea.  Not impeding family reunion, church, etc.  This about disturbing neighbors.  Have no problem with idea of festival in well regulated setting.  Does not make logical sense.

 

Hinson said if had to make change would be   his issue at first was pilau held in Havana, but they had officers, clean-up crew and had problem because of those events and the events in Chattahoochee, pow-wow, boat races, but sees this does not relate to those events.  Believes everyone on same page. 

 

Holt said had nothing to do with $500.  Document needs fixing, why concerned if band show up at different events.

 

Hinson said 1) safety issue, 2) law enforcement, 3) trash on side of road.  Language needed to be revised.

 

Holt agrees with what he saying.  Things in ordinance does not pertain to county. 

 

Hinson, need to change language, have them get permit.

 

Taylor agrees ordinance does not need to be changed, if home and community being compromised.  If have such event that wants to come, should come before the board and go through proper channels.

 

Taylor option 3/Croley

 

Holt said needs to be on prevailing side so can bring back.  Not allowing things like in Tallahassee with fair, Mule Day in Calvary.

 

Called for vote.  5-0

 

GENERAL BUSINESS

 

11.

Approval to Rescind the Gateway Signage and Landscaping Project Bid Awarded to Grounds Maintenance Services, Inc. and Award the Bid to CSI Contracting, Inc.

  Mr. Presnell introduced above item.

 

Staff recommends rescind bid award and

 

Croley/Taylor 5-0

 

11A.

Approval of Annual Contract between Gadsden County BOCC and The Florida Department of Health for the Operations of the Gadsden County Health Department

 

   Mr. Presnell introduced above item.

 

Taylor/Holt 5-0

 

12.

Approval of Interlocal Agreement between Gadsden County and the Town of Greensboro for Animal Control Services

  Mr. Presnell introduced above item.

 

Taylor/ Holt  5-0

 

Hinson said seen influx of calls regarding animal control.  Maybe should have officer on both sides of county. 

 

13.

Approval of Professional Services Agreements for Engineering Consulting Services for Gadsden County

  Holt/Croley

 

Taylor asked if second firm had rate-so set rate, have range, will be firmed up. 

 

Called for vote 5-0

 

14.

Approval of Contract for the Tourist Development Council (TDC) to Host a Crappie Tournament Utilizing the Services of Crappie USA in January of 2015 and Authorization for the Chairman to Execute the Agreement

  Mr. Presnell introduced above item

 

Taylor/Croley 5-0

 

15.

Approval to Cancel the November 4, 2014 BOCC Meeting

  Mr. Presnell introduced above item.

 

Taylor/Hinson

 

Holt said had placed on agenda and they have never met on election day.  First time ever seen scheduled on election day. 

 

Called for vote 5-0

 

16.

Approval to Extend the Lease Agreement with the United Stated Department of Agriculture (USDA) for the Farm Service Agency (FSA) Office

  Mr. Presnell introduced above item.

 

Holt/Taylor 5-0

 

17.

Approval of Contract for the Tourist Development Council (TDC) to Utilize Chisano Marketing Group for Tourism Marketing Services

  Mr. Presnell introduced the above item.

 

Holt/Morgan 5-0

 

18.

Consideration to Renew County Administrator’s Contract with Robert Presnell

  Mr. Presnell introduced above item.

 

Holt supports for one year.

 

Taylor in agreement with 2 year.

 

Taylor asked Presnell if amicable for two years.

 

Taylor motion 2 years/Morgan 4-1  Holt opposed.

 

COUNTY ADMINISTRATOR

 

19.

Update on Various Board Requests

  Presnell reminded about on-line ethics workshop.  Taylor complied.

 

Solid waste agreement-coming up in December.

 

Croley reminded when they looked at agreement, Waste Pro doing good job

 

Still negotiating with City of Quincy on fuel payment, dollar amount to point may need to take action.  Owing around $80,000. 

 

Morgan asked that he keep them informed.

 

Croley asked about building fees, animal control fees, only current problem is fuel.

 

Holt said to write city commission letter.

 

COUNTY ATTORNEY

 

20.

Update on Various Legal Issues

  Only have alcohol consumption in parking lot.   County in rights as property owner to enforce ordinance that does not permit alcohol consumption in parking lot.

 

Hinson said he had problem, because he has daughter with asthma, and has more problem with employees smoking on site.

 

Croley said brought this up because of safety issue, asked that attorney write letter to police to have them properly patrol parking lot to enforce ordinance.

 

Morgan said should do that in case problem down road and proper authorities have been notified.

 

Croley asked the attorney to send letter to police department.

 

Croley asked if the memo regarding redistricting was because of opinion from attorney general and asked if this was his response.

 

Morgan asked if it made sense with them meeting requirement, and would appropriate action be to have independent firm to come in with their findings.

 

Board should review any relevant data, if county had ability to do in-house they could, but does not believe county has capability to do so.

 

Taylor said in 2012 or 2013, this commission looked at this and did all they needed to do, not that big of change with census.  As far as she is concerned, properly vetted.

 

Croley said he disagreed analysis was properly done. Was not reviewed according to information there were provided.

 

Taylor said when states census, stating actual figures, nothing made up.  Feels way drawn now is fair.  If can show her where needed, will agree.

 

Morgan said all after is having proper analysis done, if need to be changes made, make changes, if not, they are good.

 

Croley said all he was after was getting proper analysis done.

 

DISCUSSION ITEMS BY COMMISSIONERS

 

21.

Report and Discussion on Public Issues and Concerns Pertaining to Commission Districts and Gadsden County

 

 

Commissioner Taylor, District 5

  Taylor-received email from clerk and spoke with regards to some of departments having overages, if issue then it’s issue now.

 

Clerk Thomas said was mentioned in March, he encouraged them to do budget transfer and they did

 

Holt stepped out.

 

Needs to be ratified with budget amendment, needs to be watched closely in current fiscal year.

 

Holt returned.

 

Road improvements-refinancing bond-when might be brought before them-nest week.

 

Parks-is money still there-yes-  List in comprehensive plan-will be addressing that.  Asked to add parks to agenda.

 

Senior Citizens-was great showing-asked that they not be smoothed over-address their concerns.

 

 

Commissioner Morgan, District 3

  Mentioned earlier about animal control-need to address problem.  Know need that needs to be filled.

 

Redistricting-would like to see independent firm to make analysis if needs to happen.

 

Commended administrator on his job.

 

 

Commissioner Croley, District 2

  Croley – successful in getting GIS mapping and complemented Justin Form and Robert Presnell-pointed out roads with major problems.  

 

 

Commissioner Holt, Vice-Chair, District 4

  Holt said liked question about EMS-if transported from here to Tallahassee, CRMC claims money.  EMS cannot recoup money.

 

Hinson asked if each commissioner could, to forget about emergency room, see if matching funds, try to find money that can help county out. 

 

Holt said reason brought up, CRMC could say since we furnish ambulance, maybe they could reimburse 50% or 10%.

 

Did not want anyone to thing she didn’t appreciate administrator,

 

Went to Jackson County, looked at site of railroad, looking at west side of county

 

 

Commissioner Hinson, Chair, District 1

  Hinson said Havana-Concord Road, had phone call today, someone involved in car accident-need traffic light at intersection. 

 

Presnell said Preble-Rish conducted study.

 

Hinson said sick of studies, need action.

 

Holt asked if Presnell could push along.

 

Mr. Presnell asked Justin to address process of traffic light.

 

Justin Ford appeared before the Board and said something that comes up every month at safety traffic meeting,  DOT has formal process, when study was done, did not meet 7 step criteria.

 

Morgan said county could do something tomorrow, but would tend to tick off as many people by adding strips, stop signs as if nothing was done.

 

RECEIPT AND FILE

 

22.

a. August 28, 2014 letter from Mediacom (October 1, 2014 Rate Adjustments)

b. Certificate of Completion-Ethics, Public Records, and Sunshine Laws Workshop Part 1-Part 3 (Commissioner Taylor)

 

UPCOMING MEETINGS

 

23.

October 21, 2014-Regular Meeting @ 6:00 p.m.

November 4, 2014-Regular Meeting @ 6:00 p.m.

 

MOTION TO ADJOURN

Meeting adjourned 9:27.