Board of County Commissioners

Gadsden County, Florida

Regular Public Meeting

July 19, 2016

6:00 p.m.

Present: Brenda A. Holt, Chair, District 4

Eric Hinson, Vice Chair, District 1

Dr. Anthony “Dr. V” Viegbesie, 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

Chair called meeting to order, asked everyone to stand for moment of silence, then led in Pledge to US Flag. Silent roll call conducted by Marcella Blocker, Deputy Clerk.

AMENDMENTS AND APPROVAL OF AGENDA

Pull Item 9 to be brought back at later date

V/Hinson 3-0

AWARDS, PRESENTATIONS AND APPEARANCES

Proposal to Expand Health Care Opportunities

Mr. Presnell said one presentation tonight and introduced Dr. Adrian Cooksey, Director of Gadsden County Health Department

Commissioner Morgan appeared at this juncture of the meeting.

Commissioner Taylor appeared at this juncture of the meeting.

Dr. Adrian Cooksey appeared before the board to speak on expanding Health Care Opportunities in the county.

V asked if sessions Dr. Hart would have would be regular patient check-ins, triage, etc and be full-fledged physician. Dr. Cooksey said yes,

Taylor said had to be a cost and asked what she was asking from board-physical facility on temporary basis and wi-fi connection

Presnell said had identified unused space at hospital

V thanked Dr. Cooksey for taking initiative in bringing in services.

Morgan asked if Hart affiliated with either hospital in Tallahassee-not sure-has own practice

CLERK OF COURTS

Mr. Thomas asked to take a moment to refer back to audit report and fund balance

Unrestricted fund balance $4.5 – have $6.8 cash and appropriated $2.3 for

At end of fiscal year will take into account what appropriates

Wanted to clarify

CONSENT

Morgan/V 5-0

Ratification to Pay County Bills

Approval of Minutes

a. June 21, 2016-Regular Meeting

ITEMS PULLED FOR DISCUSSION

CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS

Isabella Dubose & Patricia Harris, 673 Woodberry Road, Quincy, FL paving of Woodberry Road

Appeared before the Board to represent Woodberry road project-raised funding to hire attorney-privately owned road and difficult to travel in inclement weather and asked to be placed on agenda and County consider retaining road for continued maintenance

Presnell asked if survey done, yes-attorney to prepare deeds-yes

PUBLIC HEARINGS

Public Hearing-Legislative-Consideration of Adoption of Ordinance 2016-009 fir an Amendment to Chapter 1 (Administration and Enforcement) and Chapter 7 (Development Orders, Development Permits, and Development Agreements) of the Gadsden County Land Development Code

Mr. Presnell introduced above item.

Mr. Presnell asked Allara Gutcher to come forward.

Allara Gutcher, Planning and Community Development Director, appeared before the Board and explained the above item.

Hinson said felt needed workshop to go through line by line

Morgan said when discussed at prior meeting-no heartburn by what’s recommended-didn’t understand why put into one item and willing to look at if no changes made to super majority vote

Holt said willing to look at in two parts-Morgan willing to make motion-Holt said public hearing

Said willing to clean up language and come back to super majority vote

V had question for attorney-can partial part of Chapter 1 be adopted or have to adopt entire chapter-David said was already exist and adopted-can make any revisions would like-any amendments to super majority vote require super majority vote.

Taylor said agree with Hinson-sent to them by P&Z and need to be able to digest and move forward-concurs changes needed

Morgan said sounded like from Taylor willing to consider changing super majority for residential and keep super majority for commercial-feel need to maintain super majority

Holt under opinion only need majority not super majority-spoke to people-impediment to jobs coming here

Holt asked if any comments from public

Thomas Stratton, 350 Middle Creek Road, Quincy, FL said understood

seen great impact of people in his neighborhood and encouraged strongest regulation to maintain

Connie Hostetter, 7185 Sycamore Road, Quincy FL-did not feel system needed to be harder than what already was-language confusing and needed to be cleaned up more and made more clear

Patricia Scott, 288 Winding Creek Road-bought land 30 years ago and bought land to keep people from moving in on her-people across road & they passed where man could put mobile homes and gentleman every weekend would shoot guns; another one moved in with pit bulls and broke in her cattle fence and tackled her dog and resulted in $1200 vet bills. Thought they should let surrounding people know when changes happen like that. Would like that people in area be notified before allow changes

Mary Dixon next door-put in mobile home and 2 in back-all came about because zoning changed-not changed for residential purposes-was changed for commercial and man collecting rent off property-Holt said stipulations were in place and not sure what happened in this case

Holt said has been asking for revision of comprehensive plan

Morgan said when talking about future land use map-need to address as living documents that work together and commended Allara since been here-brought different items before them with revisions and tried to get Board to adopt policy that representatives needed to be from each district to be able to address items. In favor of good growth that made sense and all growth not good growth and want to retain rural character of county. Morgan said may want to look back and see when super majority vote adopted.

Taylor said all know not making more land-Hinson talked about population growth, with regard to mobile homes near 22 acres, Administrator could look into-always been position communities mirror-are still mechanism in place to make sure not urban sprawl and still be provision in – agreed with Hinson quite a few strike-through and not understanding all of them

V asked how far has gone to invite Director of Enterprise FL and ? to come put on their presentation & echoed what Hinson said-Florida growing and now 3^rd largest state and acquired 2 additional congressional house seats-growth coming and changes are imperative-felt workshop

Holt said when look at life of comprehensive plan, had time to review and study Holt asked will of Board

Hinson said need to have dialogue and workshop motion/V 5-0

Public Hearing –Legislative-Consideration of Adoption of Ordinance 2016-011 for amendment to the Future Land Use Map for a Small Scale Comprehensive Plan Map amendment (SSA-2016-03) for Rising Suns

Mr. Presnell introduced above item and gave brief history.

Holt said this was also public hearing and asked if anyone wanted to speak in favor to come forward.

Connie and Homer Hostetter, 7185 Sycamore Road, Quincy, Florida appeared before the board. Marcella Blocker sworn them in and they presented their side of the matter.

Patricia Scott, 288 Winding Creek Road, Quincy, FL, appeared before the board and said was a question if junk yard or-on Winding Creek Road are fresh springs in grounds and water runs all the time-oil, brake fluid, transmission fluid runs onto ground-don’t want water messed up-don’t want to live across from or next to junk yard-not right for this area of woods

John Wilson, 5559 Sycamore Road, Quincy, FL, zoning violations-is in proximity for business and area is historic and unsightly business

Thomas Stratton, 350 Middle Creek Road, Quincy, FL-went day they crushed cars and smelt fluids and saw leaking fluids. No-one here to support this other than Hostetters.

AJ. Parrott, 100 Winding Creek Road, Quincy, FL-Homer stated he and ? started and have actual landowners that live around building that oppose this. When they decided to rent building they were told would be opening a bait & tackle store and did not happen. Passed around pictures before cars were crushed at site. No-one wants junk yard there.

Debra Patronis Chatham, 6277 Flat Creek Road, Chattahoochee, FL appeared before the Board-bought property as investment-has done research and gave definition of “junkyard”

Commissioner Viegbesie stepped out at this juncture of the meeting.

Thomas Penna, 195 Middle Creek Road, Quincy, FL appeared before the Board-did not understand why still being used as commercial enterprise when was told not to.

Mark McClellan, 109 Old church Road, Quincy, FL pretty clear not desired in area

Morgan said communication, information and notification always important-asked when have CBOR meeting-appreciated Hostetters going though proper channels they did and Allara had staff present at meeting and Hostetters took good record of meetings – Appreciate what Connie said about been here for long time and part of community-felt this property not proper for what trying to do here. Have no problem with wrecker business, have used them in past but felt not properly suited area for this business.

V asked if understood property was zoned commercial for over 90 years

Morgan stepped out at this juncture

V asked what code enforcement done to make sure property properly used-should not be approved item-grown from what become aroused

Morgan returned

V continued and said citizens felt threatened with this in neighborhood

Connie reappeared before the Board and said did not know difference between neighborhood commercial and commercial commercial and have become educated

Melanie McClellan, 109 Old church Road, Quincy, FL-appeared before the Board-said Code Enforcement came out

Hinson asked Melanie when they started calling-called before privacy fence went up

AJ Parrott reappeared and asked if Hostetters owned or rented property

Thomas Stratton reappeared-ordinance was referenced that business had to suit community trying to locate in

Scott and Homer Hostetter appeared before the Board and said have done everything county and State have asked them to do. Homer asked if they understood what they do for a living. There is a process they go through-getting body out of car, cleaning up scene with different body parts around, work for law enforcement-explained what they do

Debra Chatham asked county attorney once business vacated for particular period of time lose-non-conformity in place-building vacant for several years

Patrica Scott-don’t know Hostetters-only know store was Don & Peggys-knows what junkyard is-worried about water table

Hinson stepped out

Why here asking them to not allow because of water area

Tracy Wilson, 5950 Sycamore Road, Quincy, works at Capital Regional and asked if they want a junkyard next to their house-just built $400,000 house

Mary Dixon, 207 Winding Creek Road, Quincy, FL-reappeared before the Board-questioned how much Hostetters valued community-was brought up at previous meeting maybe business located in wrong area – not against business but wrong area

Mark McClellan-reappeared before the Board and

Holt said had input

Connie reappeared before the Board and asked to address with comments-was not aware-2014 did not own property in process of buying-notifications went to owner at time and was not passed on to them; they added privacy fence on their own; not vacant for more than 2 years before they were in it; DEP and agency have found no contamination and have been there continuously over 4 years.

Allara said non-conformity property shown-

Holt said under zoning

Morgan asked Administrator for past 4 years for code enforcement report and Presnell said only he has asked for it-when have something that occurs, needs to – first report that shows regarding this property was March 2016

Taylor said that community should mirror itself and as Scott said, she did know him and family, what could help would be if Chamber of Commerce could get involved and help business and have funding for retention and expansion and an avenue and when have conflict such as this, has to be a solution and may could bring in arbitrator and felt need opportunity to have dialogue with Chamber to see if could help and be able to move forward.

Holt asked if neighborhood commercial-was this allowed-his understanding-no.

Taylor stepped out at this juncture of meeting.

Holt said bringing in arbitrator in would not change the law

V said was one reason why have pushed for professional development

Taylor returned

V added he felt educating staff and did not know how that property would affect other zoning requirements

Morgan moved adoption 2 not adopt-Taylor asked questions for clarification-Taylor second-Hinson question-Asked if denied-would it shut down tonight-no-would go back before Magistrate-Hinson asked if given chance to clean up-Allara said Homer asked about allowable use

Homer reappeared before board-2012 asked about use for towing company told no problem-2014 said could have office but could not store cars had been storing cars for 2 years

Holt said if buy property, what rules and regulations go with it, go with it-Holt said motion and second, Taylor withdrew second-Holt asked will of Board

V suggested give item back to staff and see how could work out solution and work on expeditious

Morgan asked if V worried about setting precedence about current land use

Morgan moved too adopt option 2 to not adopt

Presnell said Judge ordered this to give Board to change land use to make commercial use-if they don’t, he will give them time to move

David said they either needed to approve or deny

Morgan option 2/Holt

Hinson said when see young man trying to do right and work-touching but at same time see community

Taylor asked if he would amend motion to give time

Morgan said this was not anything about the business itself, good folks, but not zoned properly for area-not right place to have it-community does not want it there.

David said they were making decision about future land us and now designated for neighborhood commercial with historical overlay and they are deciding to change designation from neighborhood commercial to commercial-if not business not authorized to operate on the property

Holt called the vote-5-0 to not approve

Connie reappeared before Board and asked if means property could still be used as neighborhood commercial-yes-asked if have to go back to judge and Robert said yes

Public Hearing-Legislative- Consideration of Adoption of Ordinance 2016-010 for amendment to the Future Land Use Map for a Small Scale Comprehensive Plan Map amendment (SSA-2016-02) for the Pat Thomas Park extension

Mr. Presnell introduced item

Holt asked if anyone wished to speak and there was no-one

Hinson said he mentioned piece of property in Havana to use for park and why has that not been looked into

Morgan said 13 acres approved and primary reason to expand additional camping spot because at capacity-concerned about losing character and conservation areas of park

Taylor/V 5-0

Public Hearing-Legislative-(LDR-2016-06) Adoption of Ordinance 2016-012 of amendments to Chapter 2, Subsection 2102, Definitions, Specifically, and Chapter 5, Subsection 5609 of the Gadsden County Land Development Code

Mr. Presnell introduced above item.

V option 1/Taylor 5-0

GENERAL BUSINESS

Direction Regarding Potential amendments to the Gadsden County BOCC Procurement Policy to provide for a local preference in bid awards and to permit awards to the next lowest bidder after rescission of the low bid without a new solicitation

Mr. Presnell introduced above item and deferred it to David to explain.

Taylor was more interested in having points awarded to local business automatically

Morgan asked if currently have issue with local businesses responding and not being awarded-if local preference in place how would it limit them. Don’t want to adopt ordinance they don’t need

Arthur Lawson said his experience not had problem awarding bid to local business but have had problem not getting bids-policy issue

V said appreciated hearing concerns of Commissioner Morgan and almost listed everyone he had. Competition breeds quality production.

Taylor said one thing agreed with, many municipalities-first paving contract

V moved to give staff direction to come up with procurement policy to include adoption of local and small businesses/Holt Morgan asked if attorney had concerns-no 5-0

Board Approval to Refinance the 2013 Hospital Loan and the 2006B Library Loan

Pulled

10.

Write-Off of EMS Bad Debt Accounts

Mr. Presnell introduced

Morgan asked if reflected trend of bad debts and if same as last year

Roy Pippen appeared before board and said wrote off $540.000 last April this goes back and found some not written off

Morgan/V 5-0

11.

Approval of Millage Rate for TRIM Notification and Set the Date, Time and Place for the Public Hearings to Adopt the Fiscal Year 2016-2017 Gadsden County Budget

Taylor/Morgan Morgan asked that it be read aloud so public knew what was happening 5-0

12.

Approval of Participation in the Application Process for the FFY-2017 Edward Byrne Memorial Justice Assistance Grant (JAG)

Taylor/V 5-0

13.

Approval to Reimburse Hodges Heating, A/C and Refrigeration for the purchase of Two (2) Chiller Compressors for the Capital Regional Medical Center-Gadsden Campus

Taylor/V 5-0

14.

Approval of Off System Project Agreement-County Road 65A Bridge Replacement

Taylor/V 5-0

15.

Approval to Award the Bid to Replace the Chiller #2 at the Capital Regional Medical Center-Gadsden Campus

V/Morgan Taylor asked questions 5-0

16.

Approval of Amended Contract #21831 for William M. Inman Agriculture Center Funding for New Gadsden County Extension Office

V option 1/Morgan 5-0

COUNTY ADMINISTRATOR

17.

Update on Various Board Requests

Workshop set for August 2-Budget workshop for non-profits

Morgan asked for clarification or update on second paving-progressing-Curtis been updating-Morgan said should be wrapping up quickly change order coming back at next meeting

Hinson said asked 6-8 weeks ago about his change orders and yet to see them

Morgan stepped out

Hinson said citizen from fountain road called and felt being passed by

Morgan returned

Curtis said if he recalled they had discussed and decided to wait to see if grant money came through

Hinson said had talked with Administrator and curious why road not on change order list

V said since Presnell said 2^nd phase to be over with soon, asked about final phase and Presnell said would like to know amount of money commissioners had left to put list together

Felt Peavy holding out and skipping roads

Holt asked that they start putting map up on roads so know where talking about and need to change process

COUNTY ATTORNEY

18.

Update on Various Legal Issues

Nothing

DISCUSSION ITEMS BY COMMISSIONERS

19.

Report and Discussion of Public Issues

Commissioner Gene Morgan, District 3

Asked Administrator talked tonight at length one particular code enforcement item and good argument why need to have quality communication to help public understand why something in certain spot in process. Presnell said this was very unusual and went to Magistrate over 2 years ago. Why Morgan asks for report-shows everything and very important to consider.

Holt said have had issues like that but

Holt said whole other concern when buying property-

Commissioner Sherrie Taylor, District 5

Said to Morgan reason withdrew second but David cut off and advised not to revisit item

Taylor then made general statements and did not want to put liability on county moving forward

Talk about streamlining comp plan process and asked if ever thought about bringing in developers and getting their input and looking at process

Taylor said if Board would consider, interested in forming group to see what more could be done

Commissioner Anthony “Dr. V” Viegbesie, District 2

V said first comment was question for Administrator-who is stakeholder representative Enterprise Florida-Allara

Commissioner Taylor left the meeting at this juncture.

Made Motion present Eddie York Jr. honoring him for service/Holt 4-0

Commissioner Eric Hinson, Vice Chair, District 1

Hinson asked about Flying J in County-yes-asked how many roads city owned

Commissioner Brenda Holt, Chair, District 4

Holt said before invite companies in need to look at comp plan need to get plan in place

Need to go after grant money; need positive image

Hinson asked if natural disaster plan in county-yes-have disaster plan in place-Hinson asked for copy-duties delegated to Sheriff’s Office-state requires to update

Holt said need to make sure

Morgan left at this juncture

Receipt and File

15.

a. Gadsden County Small Business Services Report

UPCOMING MEETINGS

16.

August 2, 2016-Regular Meeting at 6:00 p.m.

August 16, 2016-Budget Special Meeting at 4:00 p.m.

August 16, 2016-Regular Meeting at 6:00 p.m.

MOTION TO ADJOURN

Adjourned 9:49 p.m.