Board of County Commissioners

Gadsden County, Florida

Regular Public Meeting

February 7, 2017

6:00 p.m.

 

Present:               Sherrie Taylor, Chair, District 5

                                Eric Hinson, Vice Chair, District 1

                                Dr. Anthony “Dr. V” Viegbesie, District 2

                                Gene Morgan, District 3-absent

                                Brenda Holt, District 4

                                Nicholas Thomas, Clerk of Court

                                Robert Presnell, County Administrator

                                David Weiss, County Attorney

                                Marcella Blocker, Deputy Clerk

 

INVOCATION, PLEDGE OF ALLEGIANCE

   Chair Taylor called the meeting to Order at 6:00 p.m., asked everyone to stand

AMENDMENTS AND APPROVAL OF AGENDA

  

Holt/V 4-0

AWARDS, PRESENTATIONS AND APPEARANCES

 

 

 

CLERK OF COURTS

   Nothing to report

DISCUSSION ITEMS BY COMMISSIONERS

 

1.

Report and Discussion of Public Issues

 

 

Commissioner Brenda A. Holt, District 4

  Holt said attended Marijuana workshop and will have to handle permitting inside County-no jurisdiction over cities-Emergency Management needs to know type of chemicals used in case of fire-some Counties have moratorium-dispensaries of Marijuana is vertical license as of now

 

Mr. Presnell said area assigned to grower and County lucky to have-said no-one may be interested in opening store for dispensing under current law

 

Taylor had suggestion-have Attorney vet this matter-FAC may be resource can use-be pro-active instead of reactive

 

Mr. Weiss said lot of counties or municipalities imposing moratoriums and most is location regulation-may want to consider imposing moratorium and see what comes from this session and then develop regulation

 

Holt said Alachua County has already a limit use policy in place.  As long as no moratorium, have to treat like any other business coming in

 

Our thing more noise control, parking, set-backs

 

 

Commissioner Anthony “Dr. V” Viegbesie, District 2

  V said some things Holt addressed was what he had – event was put together by FAC-Found out we are major participant in industry-suggested they organize public information center on what all about-will help citizens by listing do’s and don’ts’s – need to provide knowledge on who product was helping-how to generate revenue to help defray some of the costs-need to organize town hall meetings-contact FL Dept. of Health Compassionate use-asked questions regarding licensure and quality control –

 

  Holt said for minority farmers to go with her to testify they were minority farmers and not growers-no-one came to testify and filed suit afterward-asked about where money kept since not federally approved-some opened their own bank-need to have application in place-need to tour facility in Quincy

 

 

Commissioner Eric Hinson, Vice Chair, District 1

  Thanked Board for coming to his District twice-one for Four Star Freightliner & other was Concord traffic light –asked if at any time a Commissioner visits his District-please let him know so can be available to meet with them. 

 

Was in Chair Taylor’s District at Pat Thomas Park-beautiful place-need sign on side of Road directing public to park-said he had call regarding where someone could run and walk and was able to resolve it.

 

Thanked Board for sidewalk parallel from Havana Heights and beautified whole area

 

Asked how Public Works work orders handled-have received phone calls regarding work orders turned in through phone calls and emails-some areas have been several months.  Mr. Presnell said if happens in future-get it to him-will look into it-month or longer unacceptable.

 

Waste Pro-lot of folks on private roads would like to use services but won’t service private roads-Mr. Presnell said private roads could be looked at-if turn around available-citizens may need to sign lease

 

V said when holidays Waste Pro does not pick up trash-if bill not paid won’t pick-up trash-do they give refund for holiday when trash not picked up

 

  Hinson asked about large and bulk items-asked why once a year and not twice-Mr. Presnell said costs mainly-if Commissioners think need for twice-can address it

 

Hinson said have cousin that has property that need

 

Holt said hated to see items along the side of road and property owners need to take trash to dump because looks bad-asked why City of Havana could not clean cousin’s easement-will get with Curtis and look into it

 

 

Commissioner Gene Morgan, District 3

 

 

Commissioner Sherrie D. Taylor, Chair, District 5

  Waste Pro-too many different questions have come up-suggested have someone come to address concerns soon

 

If issue with work orders at Public Works, Mr. Young needs to come address that

 

Crappie tournament was excellent-well attended

 

GCDC/Chamber of Commerce-mentioned economic development in-house and putting new look on ED efforts-address at budget time

 

Emergency Management-grant writer had great information-wanted to make sure if moved-would be beneficial-needs facts to sure up that would come in to

CONSENT

   Holt/V 4-0

 

2.

Ratification to Pay County Bills

 

3.

Approval of Minutes

a.       June 16, 2016 BOCC/City of Midway Joint Workshop

b.      December 6, 2016-Regular Meeting

 

ITEMS PULLED FOR DISCUSSION

 

 

 

 

 

CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS

 

 

Leigh Brooks, 37 Brent Street, Chattahoochee, FL -

 

 

PUBLIC HEARINGS

 

5.

PUBLIC HEARING-Adoption of Ordinance No. 2017-002, an Ordinance of the Board of County Commissioners of Gadsden County, Florida, prohibiting well stimulation for oil and gas exploration or production; providing for repeal, severability, inclusion in the Gadsden County Code of Ordinances, modifications that may arise from consideration at public hearing, and correction of scrivener’s errors; and providing for an effective date

  Mr. Presnell introduced above item

 

Mr. Weiss said was self-explanatory and prohibits any well stimulation for oil and gas and if adopted would ban any type of fracking throughout county including municipalities

 

  Leigh Brooks, 37 West Brent Street, Chattahoochee, FL appeared before the Board and supported the Board passing this ordinance-would help protect waters in State.

 

V said thought had been addressed

 

Moved to adopt attached Ordinance and authorize Chair to sign/Hinson 4-0 

GENERAL BUSINESS

 

6.

Justice Assistance Grant (JAG) County Wide Program Subgrant

  Mr. Presnell introduced

Holt/V 4-0

7.

Approval of Adopt-A-Road Agreement with Mr. Kenny Russell

  

V option 1/Holt 4-0

 

8.

Approval to Dispose of Surplus Property and Equipment

  Mr. Presnell introduced

V option 1/Holt

Hinson said pulled last time-concerned about hard drives-Mr. Presnell said hard drive removed and ground up because of personal information on them.

 

Kembrew Jackson, IT Operations Manager-computers were older computers Windows XP-did not have processing power to handle Windows 10 and would have to purchase hard drives.  Hinson asked if no way to use

 

Taylor said when sold there would be revenue and revenue may could be used to purchase new ones

 

Hinson asked to be notified when auction would be-

 

V said understanding was really no computers because hard drive out and won’t run-just case

 

Holt said to Hinson if County did surplus have total control

 

Presnell asked with County computers could heard drives be cleaned enough to be used-run into licensure problem and becomes costs of licensing

 

Chair called for vote-4-0

 

9.

Approval of Architectural Firm for Design of the Courthouse Renovation

  Mr. Presnell introduced above item

V option 1/Taylor second for discussion 4-0

 

Hinson asked questions-saw only two on committee

 

Clyde Collins appeared before the Board to address the questions raised.  Four people on committee, Clyde, Joe

 

10.

Approval and Signature(s) for Satisfaction of Special Assessment Lien SHIP Program

  Holt/V 4-0

11.

Approval and Signature(s) for Satisfaction of Special Assessment Lien SHIP Down Payment and Closing Cost Program

  Holt/V 4-0

 

12.

Bettstown Road-Bid Award

  V/Holt

Taylor asked where Bettstown Road was located

 

Hinson said only had two people on bidding process

 

Holt said if concern was there a suggestion? Hinson said curious why Public Works Director not at bid opening

 

Holt suggested whoever in that department to make sure they are there

 

Chair called for vote 4-0

 

13.

Approval of Legal Services Agreement for Gadsden County BOCC

  Mr. Presnell introduced above item-contract was tweaked little

 

Hinson asked how much Glazer was paid last year-Presnell said could get total amount for him-Presnell said only bills if have hospital issue-Hinson asked if work more with transportation than hospital-Presnell said why Glazer  not on bill every month

 

Holt asked what amount would be now-$7750/ Glazer separate-Holt asked if conflict and have to hire another attorney-wanted to see something saying law firm would represent County

 

Mr. Weiss said with respect to conflicts-read Section 6-explained School Board was only one general counsel to and if conflict arose with anyone else-would not represent other side-if conflict enough to exhaust retainer-County would be paying same amount of money-if to them or conflict attorney-came up once and was small matter and was handled-don’t foresee as being problem

 

Holt asked if conflict arose-what would they pay-for David $185/associate $145

 

Holt asked if Minnis was general counsel for school board & if dispute arose who would represent who? Rules established by Florida Bar to cover

 

V said was same concern he raised in interview process-knew had never happened-Chair used term what if-have voted for this contract

 

Taylor said both commissioners correct-if conflict possibility retainer could be exhausted-would help with what have on hospital contract-right of refusal-need language in contract that protects County

 

Weiss said if serious litigation matter that came up-could continue representing County-day to day stuff does not stop-retainer would be exhausted-if matter arose-would still be approved by Administrator and Board and would have opportunity to establish what firm to use

 

V said given what discussed-motion to table item/Holt second with comment-happy doing this & was reason voted against law firm –

 

Weiss asked for clarification so when he addresses this, addressed appropriately- 

 

V said right path-if marry with concern with Holt-rather have general counsel work with firm rather than

 

Weiss said rules with Florida Bar regulating conflicts

 

Holt said she watches Supreme Court every day

 

Chair called for vote on tabling item and Taylor asked if could be brought back at next meeting 4-0

 

14.

Approval and Acceptance of the Warranty Deed from TK Enterprises of N. Florida, Inc., and the dedication of the road and right-of-way on the property described in the deed for the construction and maintenance of a paved public roadway and infrastructure for utilities from Brickyard Road, and instruction for the Clerk to record the deed with a copy of the minutes showing approval and acceptance

  Mr. Presnell introduced item

 

Hinson read some of the Agenda Request and said $2.5 million would help the tax roll

 

Taylor said she hoped they would give individuals with background a chance-have paid their debt to society-

 

V said thought was what “Ban the Box” was about

 

Weiss said cannot tell private corporation who they could hire

 

Taylor said each bidder given packet-if one item that said if willing to waive-get 2-3 points-we can do that-does not hold their feet to fire but if check box giving them option for higher rating

 

Holt thanked owner of business for coming-worked on him for few years to come-also thanked GCDC because the wrote grant and want them to hire local people – Representative Alexander had to give incentives on hiring people

 

Hinson motion to approve/V 4-0

 

15.

Approval and exception of Joinder of Written Consent to First Amendment to the Declaration of Covenants, Conditions and Restrictions of Carmen Maria

  Mr. Presnell introduced above item

 

Holt/V   Hinson had question concerning trailers and asked for information

 

Weiss said cannot discriminate solely on housing-still code and private covenants and restrictions

 

V said understanding even though authorize mobile home and subdivision has restrictive ordinances can’t bring in-

 

David said separate layers of regulations-also homeowner associations who can regulate to allow mobile homes or not

 

Holt said was good to clarify because of past history

 

Chair called for vote 4-0

 

COUNTY ADMINISTRATOR

 

16.

Update on Various Board Requests

  Mr. Presnell said while in meeting bad storm came through trees down,

 

Asked for approval of Proclamation 4-0

 

Hinson asked for motion AKA’s wanted resolution-will send information /V 4-0

 

V said Resolutions did not need to come before Board-Holt said if doing oneself not need to come before Board

 

Presnell said got number for Waste Pro 561-0800

 

School Board meeting set for March 9th at School Board meeting room

 

During grants presentation was thing regarding oral history-request made regarding

 

Greensboro joint meeting going to their Board on 13th/

 

February 20th Delegation meeting at 6:00 p.m.

 

Holt asked reason for meeting-list already been submitted

 

Public Safety Coordinating Council  Feb 24th 10:00

 

Crappie Tournament mentioned earlier-over 51 teams $126,

 

V had question for Administrator-wanted update on succession plan timeline & where are on timeline with what in place now  He asked meeting dates and will be very soon

 

Mr. Presnell said Curtis was present now and asked him to come forward regarding Phase III paving project-V said issue with Deerfield Circle-problem with reflective makes look like cracks in road-what can be done to eliminate

 

Justin Ford appeared before the Board to address reflective/cracking questions

 

Curtis Young reappeared before the Board-Hinson thanked PW for repairing roads and putting sidewalk in front of Havana Heights-then had complaints regarding work orders some for years-put in work order regarding tree-tree leaning on Gibson Road-Curtis said they could not go onto private property-can only maintain right-of-way-Curtis explained again could not go onto private property-Hinson said lot of other complaints and asked Mr. Young to check the work orders for District One-Young said

 

Hinson said did not want to go there but gonna go there-not sure what level of respect going on for Commissioner but when he is continually asked and he see it’s continually not done-Taylor called order

 

V wanted entered into record a hearing tomorrow in Knox building 212 to discuss proposed bill CCS1 relating to

 

Holt said very important to take time

 

COUNTY ATTORNEY

 

17.

 Update on Various Legal Issues

 

Receipt and File

 

18.

a.       Resolutions from the BOCC for County Residents Funerals

b.      SBSC QtrRpt December 2016

c.       Florida Department of Health-Gadsden Quarterly Progress Report

d.      Resolution 2017-02-A Resolution of the Town of Greensboro, Florida Adopting the Local Mitigation Strategy

 

 

UPCOMING MEETINGS

 

19.

February 21, 2017-Regular Meeting – 6:00 p.m.

 

MOTION TO ADJOURN

  Adjourned at 8:26 p.m.