Invocation, Pledge of Allegiance

  Welcome at 1:05 p.m. called to order-prayer- pledge.  Chair Viegbesie entered into record that Commissioner Morgan will not be in attendance. Sent a message. Unforeseen circumstances  

Amendments and Approval of Agenda

HOLT /CHAIR V

PASSED 4-0

Consent

1.       Ratification of Resolution 2020-049 (Hurricane/Tropical Storm Sally)

   HOLT/VIEGBESIE

PASSED 4-0

 Citizens Requesting to be Heard on Non-Agenda Items (3-minute limit)

Public comment for Commission meetings can be submitted via email to CitizensToBeHeard@gadsdencountyfl.gov until 10 a.m. on Friday, September 18, 2020. This allows adequate time for comments to be made part of each meeting’s official record and considered carefully by Commissioners and staff. Comments submitted after the deadline, but prior to the meeting, will be added to the official record. The County cannot guarantee that Commissioners and staff will have adequate time to review comments prior to the meeting.

  Chair V said some letters he would not be able to read into record because they contained a number of links but would recognize the person who sent them.

a.       Brenda Rudd - Read into record

b.       Don Stewart – Read into record

1:12 p.m. Commissioner Taylor stepped out

c.       Perry Lynn Henry – Links- Documents entered into record. 

d.       Karen Stansberry – Links, data, references with 7 emails. Entered into record.

1:17 p.m. Commissioner Taylor returned

General Business

2.       Approval of Contractual Agreement between CenturyLink and Gadsden County Board of County Commissioners (Henry G. Grant, Ph.D., Interim County Administrator/Morris Young, Gadsden County Sheriff/Shawn Wood, Gadsden County E911 Coordinator)

  Dr. Grant introduced the above item.  

Holt/Viegbesie with question from Commissioner Taylor

Taylor- Was this pulled at different meeting.

Grant- Yes. Renewal of the on-going contract.

Taylor- Did the attorney review it?

Knowles- Reviewed. No problem with contract. No changes can be made. Government

Contracts are not allowed changes.  

COMMISSIONER HINSON- Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0

3.       Approval to Accept the State funded Emergency Management Preparedness and Assistance Grant Agreement #A0139 and Federally Funded Emergency Management Performance Grant Agreement #G0183
(Henry G. Grant, Ph. D., Interim County Administrator/Morris Young, Gadsden County Sheriff/Shawn Wood, Gadsden County EM Director/Tashonda Whaley, Gadsden County EM Assistant Director)

Dr. Grant introduced the above item.  

HOLT/VIEGBESIE with question from Commissioner Taylor

Taylor- Are the funds accessible to the County or restricted to Emergency Management.

Grant- Should be restricted to Emergency Management.

Chair- He understood Emergency Management was not a general fund

Grant must be used for those purposes because part of it was Federally Funded and part was State funded.  

Taylor- Does the Board have control   

Holt- Board needs to call Emergency Management and meet on any funding

Chair- Asked Dr. Grant to address the concern. the vote can be tabled.

Taylor- Just had a question not asking to table the vote. 

COMMISSIONER HINSON- Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0

4.       Approval of the SHIP CARES CRF Agreement Amendment
(Henry G. Grant, Ph.D., Interim County Administrator/Sonya Burns, Housing Program Coordinator)

  Dr. Grant introduced the above item.

HOLT/VIEGBESIE

COMMISSIONER HINSON-Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0

5.       Approval of Property and Modular Acquisition for Havana EMS Relocation
(Henry G. Grant, Ph.D., Interim County Administrator/Keith Maddox, EMS Director)

 Dr. Grant introduced the above item.

HINSON/ CHAIR VIEGBESIE

COMMISSIONER HINSON-Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0

6.       Bid No. 20-19 Results/Gadsden County Hospital Renovations
   (Henry G. Grant, Ph.D., Interim County Administrator)

Dr. Grant introduced the above item. 

Chair- what is the bid for each provider

Grant- Not a bid, it is a qualification

Hinson- Did one service offer more than others. Who provided the best service should get the bid in his opinion.

Holt- Facility Manager is here somewhere and can get those numbers now.  

Grant- Qualification documents no numbers.

Holt- okay.

HOLT/HINSON

COMMISSIONER HINSON-Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0

7.       Bid No. 20-17 Results/Gadsden County Broadband Services
   (Henry G. Grant, Ph.D., Interim County Administrator)

Dr. Grant introduced the above item.  

Hinson- 5 years he had been wanting wireless in the County. If the County advertises how they should have and bidders did what they said and met qualifications, get the County wireless. This is a necessity, not a want.

HINSON /TAYLOR

Chair-Procurement Policy, concerned only one proposal received. Asked if the County was in-line with Federal standards with one proposal received.  Statutes 200.318-320 Code of Federal Regulation (CFR)

Knowles- Having one bidder can be a problem. Read Statute 200.318. Other concern is only having $1.4 Million. Do we need it, is the question to ask. Where would the remaining money come from. Will get audited in the end. May need a project Manager to manage this.  Address what will be procured.

Chair V- Worried about a future audit.  Sheriff sent letter to Governor asking for the remaining money. Concerned that the path the County was going not having the other 75% of CARES money. Gov. DeSantis getting pressure to get the rest of the CARES Act money out. Cannot commit to a contract if wee did not have a sure funding.   

Hinson- Extenuating circumstances. Broadband Necessary- Citizens pay a lot of taxes and can’t get internet to work at home. Trust staff. Did everything by procurement policy a month and a half ago. Wanted to disclose he had talked to someone from Figgers Communications and Motorola. Needs service in this whole county. Teachers and kids had no internet access and he told them to be patient. Monumental decision to get 5G into Gadsden County.   

Chair- Not in a position to provide broadband. Worried about the legal portion. Properly spend without violating Procurement Policy with Federal Monies. Do need Broadband but if it had to be rebid, it had to be done. Should it be readvertised to get more proposals. Asked the attorney if it should be readvertised and is there a limited amount of times that the bid could be readvertised.  

Knowles- No limit of times to readvertise. two was plenty. Should we readvertise, yes, it would be helpful and give the County cover in terms of an audit. Time constraint his advice was advertising twice was fine.  Figgers could have a cause of action against the County for trying to get more bidders if it goes to bid more than twice. Shorter advertisement period this time.

Holt- She asked about the project manager because who is going write the bid since no one had experience writing up a bid for internet service.  Did not want the citizens thinking the County was going to pay for them to have free internet service for a long period of time because the County could not afford it. If the BOCC said they would vote for this, it had to be contingent on the Funds being received. Needs to know the balance of General Funds or Revenue. 

Grant- Reserve $3 Million and none in General Fund. Budget manager was off and could not say what the General Fund Balance was.

Holt- Won’t pay for citizens for free Broadband. Must negotiate.

Chair asked for Miller or Yates from Integrity.

Eric Miller- Agree with Knowles. Comments in meeting by Commissioner Hinson may call for a review. He stated he had communication with the proposer.

Holt- No problem with company. Need internet. See what the school is doing.  Did not think the County would get past the deadline and the County needed to do something.

Hinson- Has to be transparent. People call Commissioners and we talk. Always ask the attorney. Service were advertised for the County Administrator? Was it a minimum advertisement?

Grant- yes

Hinson- Have we ever provided a one sole source?

Chair- Yes. But the funding’s were not Federal Funds that had to adhere to a Code of Federal Regulation Act Procurement and it called for more than one submission and that was his worry.

Hinson- During Budget Hearing, $4. Million was in the Reserve.  

   How can the County do things illegal if there was no bid to get Integrity? Look at the whole picture, including Integrity. Close meeting and look at whole package He want to extend bid for broadband.

Grant- $3.3 Million in the General Fund.

Hinson- asked Knowles how Integrity was brought in. FEMA and CARES Act are two different things. March 13 Governor put in State of Emergency. Attorney came in March. Don’t know what day Integrity was brought in for the CARES Act. Wants Integrity but wants to know how they were brought in without a bid.

Knowles- Not here with original RFP was put out. Contract for Emergency Management services Knowles drafted and specifically put in the contract Integrity would not be paid without a specific task order from the Board. The Board approved the task order for Integrity to do that work. If there was something wrong with the task order, it was not his doing. His job is to present the task order to the Board. Did not let something go through.

Hinson- Attorney is smart enough to know to say he wasn’t sure if he drafted it.

Knowles- said he was sure he drafted the contract and sure he reviewed the task order.

Chair- Asked the attorney to pull the documentation and see.

Knowles- Had Gadsden County Task Order. Task order June 29, 2020-01.  

Hinson- Clarity. One group must have multi bids but not others. Get all the documentation, he wanted them for his personal documentation.  

Taylor- There are no sole source here, it does not apply here. One individual applied. Procedure was followed- answer is yes. What reason would you have going with one vendor and not multi? Answer was time limited. Think the County is covered and followed rules. $1.7 Budgeted and the Board came back and reduced the item when specs were out and bidders were bidding.  Also remembered $4.1 Million in the Reserve. Did not remembered Integrity bidding.  Need to call the question, negotiate and move forward.  Small county. Won’t benefit her.

Holt- Allow Integrity to respond.

Eric Miller appeared remotely before the Board. He said he forwarded Knowles the auditable features. It would exempt those provisions of 2CFR200.320. regarding whether Integrity services were procured or not, they were. It was Emergency Services Bid and the Bid award was number 19-19 on Feb 18, 2020. Contact Wesley Hall for orders to proceed.

Knowles stated 318 and 320 exempts from and 303, 330 and 332 do apply. And explained what they regarded.

Holt- Not paying for the county’s broadband. Not a free service. Meeting with school board. Testing to make sure the process worked. Item should come back to the Board.

Chair- Questioned if Reserve would be used to fund the item, it could not be presented as CARES ACT money. Asked the Attorney had the County properly addressed the Federal requirement regarding Contract, Cost and Price. 

Knowles- Using Federal funds as a recipient, the sub-recipient being the contractor, the County had to make sure we are getting the best price. Thought the Board should carry the vote.

Holt- Not received all of the CARES Act money, asked Attorney how that should be addressed.

Knowles -Could do the contract based on… Motion was to approve the $1.675 Million. Asked for clarity on how do draft it up. How many were planned on procuring, when.

Holt- Is there a way out if they County did not get the money.

Knowles- to say just that. If motion carries, are we spending the remaining CARES Act money? That was Commissioner Hinson’s motion.  

Holt- Can’t vote for that because we still had housing needs.  

Taylor- Clarity/ federal money been earmarked. Not state funded dollars. Federally funded. Thought Hinson motioned was the funding that came in but was not in agreeance to use all to fund broadband. She wanted them used sparingly. Paste and give.  Wants a contractual agreement to be negotiated and then bring it back for final approval once all of the details were ironed out including contingencies. Ready to vote. If the motion has to be amended and identify the funds to be used, she would amend her second.

Chair- Doubt of adhering to Procurement Act. Knows broadband is a necessity but not convinced the Procurement was not being violated. Wanted it put into record that he was not convinced that the Board was not violating some aspect of the Federal Regulation Procurement Act.  Will not vote for this particular item as it was presented in any way if was using CARE Act money.                                                 

Hinson- Integrity was approved in Feb. but FEMA and CARES was 2 diff agreements. He said he had not benefited from anyone and his personal attorney said he did nothing wrong.   

COMMISSIONER HINSON WITHDREW HIS MOTION AND TAYLOR WITHDREW SECOND.

COMMISSIONER HINSON CHANGED HIS MOTION TO OPTION 3 (PUT BACK TO BID) WITH A SECOND FROM COMMISSIONER HOLT.

Taylor- What is paramount is people need these services- not just 7 days it’s more like 30. Hard for the provider or Vendor to meet the deadline. Children suffer. Doubt a vendor will apply. 45 minutes on this item and now it will get tabled. Tough decision to be made. Legal requirements met. Time sensitive issue. Services needed to get an education. CFR was waived but the Board wants to wait another week.  

Hinson- Asked if everything is waived and the bidding process did not have to be gone through.

Knowles no sir, that is not what was being said.  

Chair- Asked Mr. Miller what was waived.  

Miller- reading from the compliance requirements said the following two CFR policy requirements apply to the Broadband item. Sub-Part F, Audit requirements and the following two CFR Policy requirements are excluded from coverage under this assistance listing; Sub-Part B- General Provisions, Sub-Part C- Pre-Federal work requirements, Sub-Part D- Post Federal award requirements and Sub-Part E- Cost Principals. Fund Payments are only subject to the requirements in the uniform guidance and help provides those two sealed requirements 200.303 regarding internal controls, 2 CFR 200.330-200.332 regarding sub-recipient monitoring and management. Sub-Part F regarding Auditor requirements. Those are the requirements listed by the Federal government under the catalog of domestic financial assistance applicable to this CARES Act Funding.

Chair- Some CFR still subject to.

Miller- that is his understanding.

Hinson- if approved are we moving in the wrong direction.

Miller- Legal question, not an Attorney. You will have to point out exceptions from the normal

Hinson asked Knowles if there was a problem.

Knowles- Agree with Mr. Miller when he said any contact with a bidder outside of the code of silence is always a problem. Does not know when the conversations Commissioners had with bidders took place, but future reference, when a bid is out, no one on the Commissioner should talk to any bidder in any form. Nothing against any bidder, is here to protect the Commissioners. If it goes south in a month or years, it is his license in jeopardy.  Abide by, all provisions in the CFR, Florida Statutes, Guidance or anything. Look at, reason and think of the worse possible outcome.  

Hinson- Wants to listen to the Attorney.

COMMISSIONER HINSON-Y

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 4-0 TO REBID

Taylor- How soon before it comes back to the Board

Knowles- First meeting in October. (two weeks) or a special date could be made.

Taylor- Wants it back the last Friday of the month.

Commissioner Hinson disconnected from the meeting at 3:00 p.m.

Holt- Wants Administrator and Attorney to look at items. Can’t address things if we don’t have money.

Grant- Clear up- 75% funds coming no matter what, not the way it is set up, now it is set up that the County spends their money and ask for reimbursement and if the money wasn’t spent, it would not come to Gadsden County.

Chair- That is what the letter from the Sheriff to the Governor said.

8.           Bid No. 20-18 Results/Gadsden County Radio Tower Civil Work
(Henry G. Grant, Ph.D., Interim County Administrator)

Dr. Grant introduced the above item.

Chair-With any agency suggestion the motion and agreement say no change order.

Holt- Puzzled. Asked to see bids and did not know why the Commission did not get them.  Asked where are the bids. Looking at what a committee choose. Directors of the departments where bids are being taken for should not be on the bid committee. Asked who was on the bid committee. Stated it should all be in the packet.

Taylor out at 3:05 p.m. and back in at 3:05 p.m.

Mr. Meeks handed out the packet Commissioner holt was asking for.

Chair Viegbesie asked him to make enough copies for the Deputy Clerk and each Commissioner. He questioned how Commissioner Morgan and Commissioner Hinson would be able to see the information.

Holt- Stated this could have been put in the packet and the Commissioners should have had tine to review it. Need to know what they are voting for. Have to have a process in place. No tabulations and asked what make one a couple hundred thousand less than the other.

Chair- if Motorola gets the bid and we paid $435,000 up front, will it cover all services and how do the other providers equipment compete for effective communication.

Holt- That is why we need data when things are on the agenda.

Taylor- If approved, payment would have to be paid in full to whomever was selected.  

Grant- All but Motorola. Motorola would finance for 7yr/ 71,000 a year.

Taylor- question was if someone else was selected, can we still get it financed if we choose to. The County has a Bonding attorney who can look for the best interest rate. Too high on price but willing to move. Do not know why the lowest bidder was not chosen. Underground cable and fence are all that was going to happen with 3 towers. Who was the committee? Were they qualified?

Grant- Yes

Holt- who on the Committee

Grant answered-Mr. Meeks, Mr. Jackson, and Mr. Patterson.

Holt- Need to back out of the departments and when you have a bid committee, each department knows the conflicts and if they had a preference it was easier for the bid to be altered a bit. Not a good idea to have department heads on the committees.  

Taylor- wants Florida TelCon

TAYLOR MOTION FOR NEW TECH/ CHAIR V SECOND.

Holt- won’t vote for it because she don’t know the tabulation sheets look like.

Taylor- Wants to get this off the ground and moving. Big difference between the bids. Wanted more of an explanation on why the prices were so different.

Chair- Get specifications from all providers to each Commissioner to compare.  

Holt- Friday was okay to look at it again.  

Taylor withdrew her motion and Chair Viegbesie withdrew his second.

Chair V- asked Dr, Grant to work with this staff to make sure the appropriate documents are at the beginning of every item so Commissioners could preview them before the meeting.

TAYLOR MOTION TO TABLE/ HOLT SECOND

COMMISSIONER HINSON-ABSENT

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 3-0 TO TABLE

9.       Request Board Approval for Changes to the Application and Required Documentation for    Support of Applicant Related to the Gadsden County Cares Resident Assistance Program
(Henry G. Grant, Ph.D., Interim County Administrator)

Dr. Grant introduced the above item.  

Holt- needed a break 5-minute break.

*5-Minute break was taken*

Dr. Gant called on Frederica Hamilton from Integrity. She came before the Board and deferred to Daryl Cox to speak on the requested agenda item.

There were audio problems with Mr. Cox.  

*Chair- will come back to this item*  

*Returned to the item above*

Daryl Cox – Minor changes. Trying to make it easier to get money out. Goal is to protect BOCC and stay in compliance. Contract with Integrity was bid through an RFP process and was highest score. Contract was for services when they were needed. Get with Dr Grant to set up a workshop next week concerning CDBGDR HUD Funding. Changes were: Criteria from past due to overdue.  Adjust the proof of number in household to Attest. Other COVID related costs related to COVID with receipts.  1 grant per house hold. Reduced income to qualify. Set up Residence Assistance Grants so money would go to utility or mortgage been clarifies that should not be done. Award the grant to individual and notify utility the customer applied for the grant. Have to fill out a W-9 so they can be 1099 later. Overdue rent. Some did not match who owned the home.

Taylor wants affidavit in regards to people who could not prove,

Cox- attesting in the application. Any false info could be criminal. Do not reduce the level of required documents for the county protection in case of an audit.

Taylor- Gig worker will not have those required documents. How can we help those people?

Cox- Try to help by taking reviewers in Tallahassee and making them available in Gadsden.  Some ways and they will get help.

Holt- On the application in the documents to be provided, was if you had a business registered with the state of Florida. Landlord filed property income on personal taxes, you would not have a Florida license, asked if there was a substitute to put in that slot.

Cox- is being reworded some to change the criteria – Home based or Sole proprietor statement or a Schedule C to show taxes were filed in their own name.   

COMMISSIONER TAYLOR MOVED APPROVAL WITH A SECOND BY COMMISSIONER HOLT   

COMMISSIONER HINSON-ABSENT

COMMISSIONER TAYLOR- Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT- Y

CHAIR VIEGBESIE-Y

PASSED 3-0

10.    Approval of COVID-19 Resolution 2020-53 (Talquin Letter/Resolution Compliance) 
   (Henry G. Grant, Ph.D., Interim County Administrator)

Dr. Grant introduced the above item.  

  Knowles- spoke with Col. Collins ok with gradual relax of curfew. Other questions were how want to deal with 50% capacity in bars and night clubs. Football and masks. Boy Scouts of America request to do camping on their own private property. 10 boys on over 20 acres. Attorney Mr. Bush was on the line.

Chair- Talquin sent a plan and wanted one from Boy Scouts.

 Knowles curfew relaxed to 10 pm was okay with the Chief.

Taylor- Does not agree. Stay at 9 pm until middle or end of October.

Holt- go to 10 pm and leave it for 2 weeks.

Taylor- Leave at 9 pm for 2 more weeks then go to 10 pm.

Chair- Give citizens freedom, however, giving COVID cases in school and county, He was hesitant to raise to 10 p.m. but the County needed activities to go on and keep citizens safe. He asked to keep the curfew at 9 p.m. and hope things get better.

Holt- Leave curfew at 9 p.m. for two weeks. Issue with bars, can’t get people drinking to follow CDC guidelines. 50% capacity at bars will make a virus spread.

Knowles- State says we can do 50% but did not have too. Miami is not doing it at all.  

Holt-Asked Chair for infection rate numbers and death.

Dr. Cooksey- appeared remotely- provided letter stating;

Update for Gadsden County Schools

• As of 09/17,

• 18 students positive with COVID.

• 3 attended school physically. All others attend school virtually.

• Students attend schools in Gadsden, Leon, Jackson.

• 97 students living in Gadsden County are currently on Isolation/Quarantine.

• No cases associated with school sports teams

• Routine screenings are scheduled next week for football players

Gadsden DOH is providing free testing to symptomatic employees and students at this time. We have been scheduling appointments with individuals during interviews that meet the criteria for testing and sending tests to the State Health Lab in Jacksonville, FL for faster processing as school safety is a top priority.

 Regards,

Adrian Cooksey, DrPH, MPH- Health Officer

 Florida Department of Health- Gadsden

Holt- how many infections.

Cooksey- 2672 infections. 44 deaths, Less screening now because of demand. Monday- Friday, 9am-11am daily at the Health Department for school students and employees and their contacts. Tuesday CRMC from 9am-1pm- private provides- CVS and other options that continue to operate daily.  

Holt- were the players tested before the game.

Cooksey- will be tested Tuesday with games on Friday.  

Holt- Tested once

Cooksey -Yes, before school started and trying for another scheduled testing.  

Taylor- 9am-11 M-F for students, parents too? 

Cooksey said yes. Any players or their contacts.

Taylor- Is there mandatory testing for staff.

 Cooksey- no, just make them aware of the option.

Taylor asked will staff be required to report test results?

Cooksey- if staff tested positive the school would be aware. Automatic quarantine with a return date. Positive cases, school is notified.  

Chair- what is the time lapse of exposure and a positive reading. 

Cooksey- exposure to infection is a couple of days.

Holt- concerned about bars. Will that get us in trouble with the Governor.

Chair asked if the Board made the numbers for bars less than that of the governor, will it exercise a preemptive authority over the BOCC.   

Knowles- Governor can always preempt the County in a State of Emergency. Could not open more, but can open less. 

TAYLOR- MOTION 50% CAPACITY IN BUSINESSES, MANDATORY MASK IN PLACE, 9 P.M. CURFEW, SOCIAL DISTANCING MANDATED BY THE BARS/ CHAIR VIEGBESIE

Holt- Stay as is at bars to allow 50% capacity.

Knowles said gathering were at 10 people. If bars reopened and there was still the 10-person restriction, that bar would not be allowed to have more than 10 people in one particular area.

No restrictions on other businesses. The only businesses that have the 50% restriction was cars and restaurants.

COMMISSIONER HINSON-ABSENT

COMMISSIONER TAYLOR-Y

COMMISSIONER MORGAN- ABSENT

COMMISSIONER HOLT-Y

CHAIR VIEGBESIE-Y

PASSED 3-0 PASSED

*Returned to discuss Item #9*

Motion to Adjourn

 Chair adjourned at 4:22 p.m.