Board of County Commissioners

Gadsden County, Florida




Regular Public Meeting

July 3, 2012

6:00 p.m.


Present:               Sherrie Taylor, Chair, District 5

                                Gene Morgan, Vice-Chair, District 3

                                Eugene Lamb, District 1

                                Doug Croley, District 2

                                Brenda Holt, District 4

                                Nicholas Thomas, Clerk of Courts

                                David Weiss, Assistant County Attorney

                                Arthur Lawson, Interim County Administrator




Invocation, Pledge of Allegiance and Roll Call  



Pledge of Allegiance

Roll Call (Beryl Wood, Deputy Clerk)


Amendments and Approval of Agenda   Lamb/Croley 5-0


Item 4

Item 7 & 8

Item 9 (revisions)

Awards, Presentations and Appearances


Clerk of Courts  


1.            Presentation of County Finance and County Clerk Issues

                (Nicholas Thomas, Clerk of the Courts)


Clerk Thomas presented negative cash EMS Report. He stated in memo he was simply giving an follow-up notifying of negative cash balance in the EMS Fund. Two factors contributed: Medicare has a new wire transfer system; overestimated collections as a result of increased fees.


Croley – Questioned Medicare being wire through 3rd Party.

McClendon – 1st Communications, She stated this process was started back in November. She maybe in the middle of July we should know something.

Croley – budget, maybe transfer from General Fund, as in years past.

Thomas – $300-400,000 in past, haven’t done analysis.



Consent  Croley/Lamb Item 5 pulled  5-0


2.            Approval of Minutes – April 17, 2012 – Regular Meeting


3.            Ratification of Approval to Pay County Bills


4.            Approval of Signatures for Special Assessment Liens and Rehabilitation Contracts –       State Housing Initiative Partnership Program (SHIP)

                (Phyllis Moore, SHIP Administrator)


5.            Request for Authority to Amend the TDC Strategic Plan Application Process and Fiscal Year; and, Authorization for Staff to Seek County Attorney Review for Proper Form

(Sonya Burns, TDC Administrator/Matt Thro, TDC Vice-Chairman)   (Item pulled by Commissioner Morgan)


Commissioner Morgan:

Questioned the way it was presented, should be two separate items.

Morgan – What are two things are your requested.

DuBree – Event Coordinator Position; (lessen paperwork) for grants,.

Fiscal Year may it with Gadsden County.

Morgan – Just trying to make sure with stay with State Statue.

Lawson – they are going to bring plan back to review.


Motion: Morgan/Holt 5-0 pulled until they can see revisions.


6.            Approval to Purchase a Replacement Vehicle

                (Charles Chapman, Public Works Director)


Items Pulled for Discussion


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



Chair Taylor instructed Mr. Dixon to meet with Mr. Lawson.



Commissioner Holt said that Mrs. Smith contacted her.


Chair Taylor directed Mrs. Smith to get in  contact with the Manager.




Public Hearings


7.            Public Hearing:  Adoption of Resolution No. 2012-020, Amending the County    Planning & Community Development Department and Building Inspection Department              Fee Schedules for Religious Institutions              

                (Deborah Minnis, County Attorney/David Weiss, Assistant County Attorney)  


                Statement of Issue:

                At their April 17, 2012 meeting, the Board of County Commissioners (“Board”) voted to               reduce by fifty percent (50%) the fees associated with the development and construction        of religious institutions charged by the planning & Community Development Department         and the Building Inspection Department.



                On October 1, 2006, the Board adopted Resolution No. 2006-059, which established fee              schedules for the review and inspection services provided by the Planning & community               Development and Building Inspection Departments associated with the development and      construction of improvement to real property. Resolution No. 2006-059 and the adopted           fee schedules were subsequently amended on November 6, 2007 by Resolution No. 2007-                059. The fee schedules have not been revised since 2007.  On April 17, 2012, the Board                voted to reduce all fees charged by the Planning & Community Development and                 Building Inspection Department applicable to the development and construction of           religious institutions by fifty percent (50%).



                Attached is proposed Resolution No. 2012-020. If adopted by the Board, the proposed                 Resolution would reduce all fees charged by the Planning & Community Development     and Building Inspection Departments applicable to the development and construction of   religious institutions by fifty percent (50%).



                Fiscal Impact:

                The revenue from fees paid by religious institutions for review and inspection of their               facilities by the Planning & Community Development and Building Inspections                Departments will be reduced by fifty percent (50%).



Commissioner Croley questioned when you say fiscal impact what the real dollars are. How much would it impact?

Lawson – I can’t answer tonight, I must research.

Collins – this year it is 4; two $8,000 a piece.

Croley – How much impact on budget.

Morgan- gives us fairness among all churches. Clarify if it relates to sanctuary or buildings.

Weiss – Would include all that, are on the parcels with the churches.

Lamb – Commented originally he was not for this.

Holt – The churches that came in on this issue; We need to look at development because it can co-exist with churches.

Taylor – after reading resolution do we need more definition of what a religious institute is and who warrants the 50% off.


                Chair Taylor announced the Public Hearing



Croley – Define a religious institute.

Weiss – it’s a hard to define; you don’t want to limit to certain dominations; what constitutes general parcel.

Holt – I don’t we should try to say who and what’s a church. Remedy if it is established for so many years (time limit) such as 5 years.

Morgan – important to look at reason which is why we are trying to adopt resolution. Be constant.

Taylor – don’t want to open Pandora Box. Concerned with possible litigations.

Lamb – only helped with Variances. Fees only if they came before Board, case by case.


Motion to table for further research or review: Holt/Lamb 5-0



8.            Public Hearing:  Adoption of Ordinance No. 2012-004, Regulating the Purchase and        Sale of Regulated Metals Property by Metal Dealers, Junk Dealers, and Scrap Metal           Processors

                (Deborah Minnis, County Attorney/David Weiss, Assistant County Attorney)  


                Statement of Issue:

                At their January 17, 2012 meeting, the Board of County Commissioners (“Board”) voted               to adopt an ordinance which would regulate the purchase and sale of valuable metals in    order to deter the theft of such metals.



                The theft of valuable metals, including copper, aluminum, brass, and other ferrous and              nonferrous metals, in Gadsden County has become a serious concern for law            enforcement, business, public utilities, and the general public. Such thefts have increased          due to the increase in price of such metals and the difficult economic conditions.  The        thefts are economically burdensome to the County and affect the social and economic               well-being of the County’s citizens by resulting in loss of personal property, unsafe and devalued real property, business losses, and higher insurance costs. The thefts can also          damage or interrupt utilities, which are detrimental to the public health, safety, and         welfare. The stolen metals are generally sold to metal dealers, junk dealers, and scrap               metal processors, who generally melt down or sell the metals within hours of purchasing       them.



                Attached is proposed Ordinance No. 2012-004. If adopted by the Board, the proposed Ordinance would regulate the purchase and sale of regulated metals property by metal    dealers, junk dealers, and scrap metal processors in accordance with the terms thereof.


Discussion by the Board:

Holt - What’s the definition of person that takes metal to dealer. She asked where they defined.

Weiss – They way we wanted to address this is through the businesses.

Croley – We don’t have occupational license in unincorporated areas of County. How do we go about enforce ordinance and who would.

Weiss – Sheriff page 3 address.


Chair Taylor announced the Public Hearing and called for Public Comment.

Weiss – He said it is in the Ordinance a 10 day limit.


Motion: Croley /Lamb 5-0 (for approval)



General Business


9.            Approval of Contract Modification between Kimley-Horn Inc. and Gadsden County for                 Completion of the EAR-Base Amendments and Special Area Plans

                (Anthony Matheny, Planning and Community Development Director)  


Motion for approval: Croley/Morgan

Commissioner Holt posed question what are the extra meetings.

Matheny – they have had extra meetings to address strategy. He said it is a lengthy process and they would need more time to complete.


Motion for approval: Croley/Morgan 4-1 (Commissioner Taylor opposed) motion passed


                Statement of Issue:

                Due to additional meetings already held and meetings that will need to be held to       facilitate the process of work-shopping and adopting the County’s Ear-based amendments        and Special Area Plans, the County’s Planning Consultant Kimley – Horn Inc., is              requesting and additional $6,000 in fees above and beyond their original contract amount                of $45,500.


10.          Request for Financial Assistance with Tuition for Leadership Tallahassee

                (Charles Chapman, Public Works Director)   Motion:


                Charles Chapman –

Taylor – have you identified funding source.

Lawson – If approved can it come Contingency Fund.

Thomas – you can, not Transportation Department

Morgan – acknowledged him for accomplishment.

Croley – showed appreciation for being accepted.

Lamb – spoke of appreciation for what he has done.

Holt – congratulate; because of funds will deny.


Motion: Morgan/ Croley 4-1 (Commissioner Holt opposed the Motion) Motion passed.


11.          Approval of Fuel Services Inter-Local Agreement

                (Charles Chapman, Public Works Director)  


                Croley – What if the entities don’t pay bill in 30 days or we can cut off.

                Chapman –said within two missed payments.

                Thomas – does it say 45 or 30.

Chapman – I worked with the Manager and Attorney. Will amend within in 45 days.

Thomas – explained history. This fee is for the County

Chapman – fee is to make capital improvements. Implement by October 1, 2012.

Taylor – questioned by late fees being applied.

Chapman – prompt payment is 45 days, 1% interest rate per month after 45 days. The new agreement does not charge interest.


Motion: Croley/Lamb 3-2 approved (Commissioner’s Holt and Taylor opposed)


12.          Approval of Public Works Mosquito Control Budget Fiscal Year 2012-2013

                (Charles Chapman, Public Works Director)   Lamb/ Morgan 5-0 (approved)


                Taylor – have we identified funding source.


13.          Approval of Bid Award to North Florida Construction Inc. for the Chattahoochee             Landfill Repairs  

                (Charles Chapman, Public Works Director/Robert Presnell, Administrative Coordinator)


Lamb – low bid, said it was great. Did we consider local vendors.

Presnell – He said there was no weight added to local vendors.

Croley – did you receive bid bond.

Lawson- Bid Bond was not asked for in this particular bid.

Morgan – are we required to go with the lowest bid.

Lawson – yes with procurement policy.

Croley – look at notice of award ; I don’t think this is proper order.

Presnell – He said Preble – Rish was responsible for specs., not sure of bid bond.

Weiss – would need to review.

Croley – Can’t support with out clarification.

Lawson – Would need clarification.

Presnell – time is an issue trying to complete by Sept. 30


Motion:  Lamb/ Croley  -To table for next meeting for discussion with Preble – Rish. 5-0


Commissioner Holt requested someone for North Florida Construction, Inc.

Croley if bid bond is not required and you can provide info, would be satisfied. Clarification on bond.



14.          Approval of Commissioner Lamb’s Travel to the 2012 National Association of Counties

                Conference   Motion: Morgan/Croley 4-1 (Commissioner Holt opposed the motion.)

                (Eugene Lamb, Commissioner)


Holt – will not approve, because of lack of funds, but is a great trip.

Croley – have you identified funding source.


15.          National Solar Update   

                (David Weiss, Assistant County Attorney)

They National Solar would do comp plan amendments. Have final version of agreement. Once they find parcel, he said they are currently looking.

Morgan – they have reached an agreement. Public should understand policy is moving forward.

Chair Taylor – still in form of draft and would need to come back.

Weiss – yes it would need to come back.


County Administrator  


16.          Update on Board Requests

                (Arthur Lawson, Interim County Administrator)               


Lawson – Workshop – July 11 @ 4:00pm (Budget Workshop)

Croley may not be in town.

Emergency Management Agreement

Lawson – Have not received



County Attorney


17.          Update on Various Legal Issues – No Items

                (Deborah Minnis, County Attorney)


Discussion Items by Commissioners      



                Commissioner Lamb, District 1 – County Concerns  

 FAC Annual Conference (Economic Development Conference spoke of the appreciation on the topic and reiterated he now has drive.) We must have an appreciation for Chamber of Commerce, economic development. State of Florida is pro active in Economic Development. Mindset must be changed with the agency that works with Economic Development.



                Commissioner Croley, District 2

Report and Discussion on Public Issues and Concerns                                                                            Pertaining to Commission District Two and Gadsden                                                                                                    County   Happy 4th of July


Chair Taylor – asked for agenda for staff for you to present recommendations that can go through.

Croley – any way to improve is welcomed


Lawson – said the monies have already in place. Money was allocated for jail cells since 2004.


Taylor –does Committee has authority.


Croley – Locks need to be fixed. Committee has recommended moving forward.

Attorney gave opinion of inmate use, road camp.

Motion: Croley/Lamb for next agenda for first meeting in August. 5-0


                Commissioner Holt, District 4 – County Concerns               


                Commissioner Morgan, Vice Chairman, District 3 – District 3 Concerns  



Medicaid – Critical Access (mileage barrier) – it is something the Legislature can move and that we should encourage. Beds, additional billing. Send to Rep. Williams Office a letter so they work on mileage barrier related to critical access for Gadsden County.

Motion: Lamb/ Croley 5-0




Motion to Adjourn          @ 8:40 p.m.       


Receipt and File


a.)    Clerk Thomas Memorandum – Negative Cash EMS


July Meeting(s)


                - July 17, 2012, Regular Meeting, 9:00 a.m.


                -July 26, 2012, Budget Workshop, 4:00 p.m.