Board of County Commissioners

Gadsden County, Florida


Regular Public Meeting

May 6, 2014

6:00 p.m.


Present:                 Eric Hinson, Chair, 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

                                Beryl H. Wood, Deputy Clerk




Chair Hinson called the meeting to order at 6:10p.m. Silent prayer was held for all deceased throughout week. A silent roll call was taken by Beryl Wood.






1.       Presentation of Proclamation Recognizing National Child Abuse Prevention Month

     (Commissioner Eric Hinson, Chairman)


Attorney Davison, GCSO along with Sheriff Young received Proclamation recognizing National Child Abuse Prevention Month – April 2014 and urged all residents to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development.


It is a humbling experience and tonight he was accompanied by his daughter Christina and Sheriff Young.  I am recognizing Child Abuse Prevention Month. Gria Davison, my wife has represented Child Abuse Prevention for 19 years; she also served on numerous Boards. He spoke of the Pinwheel Garden in front of the Sheriff’s Office. He thanked the Board and citizens of Gadsden County.


Christina thanked the Board for recognizing her mom because she loved children.


Sheriff Young discussed the abuse with children in Gadsden County. He thanked the Board for recognizing and advocating for children. He said Gria was definitely worth the honor and thanked Board for the recognition.


The Commission along with Attorney Davis posed for pictures.


2.       Presentation By Riverway South –AC  

    (Homer Hirt, President)


Mr. Hirt, Riverway South, He said they cover 8 counties strong and gave brief background mainly stating they promote tourism. He said they track tourist visits. He said their goal is to help each county that has a river every month. He said they are the premier tourist group in the state and people come to see what we have. He mentioned scholarships that were given. He said he could give help to the TDC if warranted.


Pam Portwood, promotional materials, working on campaign to get people off on I-10. She thanked Gadsden County for partnering with Riverway South.


Commissioner Morgan thanked Mr. Hirt for coming to present to the Board on what is happening within the region.







CONSENT  Holt/Morgan 5-0



3.       Approval of Minutes – March 18, 2014 (Regular Meeting)


4.       Approval of Department of Highway Safety and Motor Vehicles Memorandum of Understanding

    (Robert Presnell, County Administrator/Arthur Lawson, Sr., Asst County Administrator/ Martha       

     Chancey, Probation Division Manager)

5.       Approval of Management Control Agreement

6.       Approval of Interagency Agreement with Gadsden County Clerk of Court

7.       Approval to Accept the Standard Contract Between the State of Florida, Department of Revenue and the Gadsden County Board of County Commissioners

8.       Approval of Amendment of Contract with AshBritt, Inc. for Emergency Debris Management Services (Pulled by Commissioner Taylor)

   (Robert Presnell, County Administrator/Curtis Young, Public Works Director)

9.       Approval of Amendment of State Aide to Libraries Grant Agreement

   (Robert Presnell, County Administrator/ Dr. Carolyn Poole, Director of Library Services)

10.   Approval of Proclamation Designating May 2014 as Bike Month in Gadsden County

   (Harry D. Reed, III, AICP, Executive Director – Capital Regional Transportation Planning Agency)

11.   Approval of commissioner Hinson & Commissioner Holt’s Travel to the 2014 National Association of Counties(NACo) Annual Conference (Commissioner Eric Hinson, Chairman/Commissioner Brenda Holt, Vice – Chairman)

12.   Approval of Commissioner Hinson & Commissioner Holt & Taylor’s Travel to 2014 Florida Association of Counties (FAC) Annual Conference

   (Comm. Eric Hinson/ Comm. Brenda Holt/ Comm. Sherrie Taylor)




Pulled item # 8 by Commissioner Taylor said you have identified a company that takes care of debris. How are you choosing companies? Is this the right procedure?


Mr. Presnell said Public Works Director is asking to extend the contract for two years.


Mr. Young said the contract is expired. We are trying to get through Hurricane System.


Commissioner Taylor asked should this be on consent agenda, with the fiscal impact.


Attorney Weiss said it was ok.


Commissioner Holt she was ok with but from this point forward if it involves fiscal it shouldn’t be on consent agenda.


Chair Hinson said the Board should be consistent with fiscal impact issues.


Commissioner Croley said he did have that same concern.


Motion:  Taylor/Holt 5-0 To reconsider at the next meeting Item #8.





13.   PUBIC HEARING – Adoption of Ordinance No. 2014-002, Adopting Procedures to Consider Acquisition of Property Interests in and Acceptance of Maintenance Responsibility for Certain  Private Roadways in the Unincorporated Area of the County Under Certain Conditions

    (Deborah Minnis, County Attorney / David Weiss, Asst. County Attorney/ Robert Presnell,    

    County Administrator / Curtis Young, Public Works Director /Allara Gutcher, Planning  

    &Community  Development Director)  


Mr. Presnell commented the Board of County Commissioners (“Board”) has expressed an interest in potentially adopting and ordinance providing procedures to consider acquisition of certain private roadways for maintenance responsibility; and has requested that the County Attorneys draft an ordinance for its consideration.


Attorney wrote Ordinance language the roads be brought up to standard. You can’t render special services.


              Attorney Weiss to consider bringing certain private roads into County System. County


Commissioner Taylor said she didn’t consider that an issue. It can still be done.


Commissioner Holt said you would have to send in the engineers and they will require a lot to get to County Standards. How much would it take to bring that road to standards? It could be an expansive process.


Commissioner Taylor asked what a standard is.


Mr. Presnell said it is outlined in the Land Development Code.


Commissioner Croley said you have to adhere to County Standards, which is 60ft.


Public Comment:

Larry Ganus, 2174 Frank Smith Road, thanked the Board for the chance to speak. He said he lives on one of those private roads. He said he was in support of this Ordinance. He said the only thing he didn’t like was the wording (but not paving) and would like it struck. He would like for the Board to be silent and let it be ranked so they could be paved. He said there is criteria for paving roads.


Attorney Weiss said the intent was not ever pave. He said it was inserted so people could understand that it was not paving, but only maintaining.


Commissioner Holt said she was not in favor of taking out.


Mr. Ganus asked how often the roads list is updated.


Commissioner Holt she was in favor of leaving in and the Ordinance can be changed.


Chair Hinson said at least pass, get on the list and the future consider paving.


Commissioner Croley disclosed that he and Mr. Ganus had discussed this.  We can’t do public work on private property. Always consider what it will cost to maintain roads.


Commissioner Holt in favor of process, not sure how to do it. If they are brought up to standard, then we can consider. She said they need to figure out how to be fair and water would be big issue.


Commissioner Taylor said each district should be given a mile a year, at least 2-3 district within a year. Ordinance was written for us. Unincorporated areas are the County. We need to look at standard, I don’t agree paving part should come out. Language should be cleaned up. We need to look at Ordinance to push it forward and proceed on.


Chair Hinson called for additional public comment.


Commissioner Morgan asked Mr. Presnell you worked public works for 13 years.


Mr. Presnell said you are stretching yourself thin. Limit to projects that are feasible. He said a mile per year good and 20 miles would be bad.


Commissioner Morgan what do you see will be the problem with the Ordinance.


Mr. Young said no problem with Ordinance in favor.


Mrs. Gutcher responded I’m not sure of probability.


Commissioner Morgan said this is something that would cost a lot of money. He said there is not a dirt road list that is current. There is a lot issues that are out there. We have plan that works, I think we should stick to it.


Commissioner Taylor talked about doing our due diligence. What about people living on roads, that are asking for help? We need to get something started.


Mr. Presnell said the last time they entertained private roads was when they upgraded E911.


Chair Hinson asked how the County adopted roads.


Mr. Presnell said the roads in the past where adopted one by one, until the LDC came into effect.


Commissioner Holt said pass Ordinance and have something in place.


Commissioner Croley it is appropriate to have ordinance process in place.  A lot of wording in Ordinance is not right.


Commissioner Holt said the length should be placed in there at 1 mile and it has to be brought up to standards.


Attorney Weiss said only concern was public dollars on private property, that’s way they would bring up to standard.


Commissioner Morgan main point number of roads there are land owners that don’t live in Gadsden County.  He said they really need to slow down on this.


Mr. Presnell said there is about a 100 miles unless specifically address standards.


Commissioner Croley said where water would go.


Chair Hinson mentioned is it’s their job to take care of the citizens. ”Quality of Life is more important than anything else in life.”


Mr. Justin Ford, Preble – Rish addressed the BOCC.


Commissioner Croley    Motion:  go ahead with ordinance as written deal with standards. (Died for Lack of Second)


Commissioner Taylor the word standard should be there. Language that gives us flexibility. County Administrator, Public Works


Motion:   Taylor: Approval with two changes officials to make decision on standard per words.

               Motion was withdrawn


Direct Attorney on standard (Died for lack of second)

  Motion to reject: Morgan/Croley  2-3 motion died


  Holt/    : Bring ordinance back with 1 mile limitation with no less than 45 feet 


Croley what about 60 foot standard

What does percentage look like at 45 feet?

Attorney Weiss cautioned about deviated.


Motion Withdrew


Holt/Taylor  : Pass Ordnance with  1 mile change per year, per county.


Commissioner Croley asked Clerk Thomas where money would come.


   Clerk Thomas said declining revenue in Transportation Fund may be an issue. The other concern is there is nothing that violates use of transportation funds. Once the ordinance is adopted, there shouldn’t be a variance.


Attorney Weiss said you have make sure you aren’t spending public funds on private property, that’s why they have to be brought up to standards. Board still has to make determination.


Commissioner Taylor questioned the gas taxes. Is that people that live only public roads buy gas, people on private buy guys.


Mr. Presnell said with one mile limitation you would run into problems, have gave for example Serenity Lane.


Discussion followed among the board.


Chair Hinson said if you say one mile very few folks would get something out of that, if you say one road per district you would get more out of that.


Commissioner Croley clarified they are re-writing the ordinance and bringing it back with a maximum of 1 road per year per district.


Motion: Holt/Taylor: To re-write ordinance and bring back with a maximum of 1 road per year per district. 4-1 (Morgan opposed)









14.   PUBLIC HEARING – (legislative hearing) for the Amendment of the Land Development Code Chapter 2, Definitions; and Chapter 5,  Development Standards, Section 5003, Non- Conforming Uses and Structures (Robert Presnell, County Administrator/Allara Gutcher, Planning and Community Development Director)


This Item seeks Board approval for the update of the Land Development Code (LDC) to include a distinct difference between non-conforming uses, structures, and lots of record; to provide for condemnation relief for parcels which have been subject to roadway condemnation; to provide for exceptions for such.


Called for public comment.


Taylor/Holt 5-0 motion passed





15.   CR 270A (Flat Creek Rd) Resurfacing – Addative Change Order  

(Robert Presnell, County Administrator/ Curtis Young, Public Works Director


Motion: Croley/Morgan 5-0 passed


Commissioner Taylor asked where the culvert was. Flat Creek Road.




16.   Approval of Interlocal Agreement With City of Midway and the Gadsden County Board of County Commissioners (Robert Presnell, County Administrator / Robert Collins, Building Official)  


This agenda item seeks Board of County Commissioners (BOCC) approval of an Interlocal Agreement with the City of Midway and the Gadsden County Building Inspection Department to provide inspection and permitting services.


Attorney Weiss said they made changes to document; the document that has been executed doesn’t have changes in it.


Commissioner Holt asked what where the changes.


Attorney Weiss on termination, 4 Hold Harmless, main changes. My understanding is that they need this approved.


Motion: Croley/Holt to approve 5-0



17.   Selection and Appointment of Member(s) to the Gadsden County Tourist Development Council

(Robert Presnell, County Administrator/ Allara Mills Gutcher, Planning and Community Development Director)  


                Request for the Board of County Commissioners (BOCC) to appoint a member to the Gadsden

                 County Tourist Development Council. The Gadsden County Tourist Development Council

                currently has one vacancy.


§  Lynn Badger

§  Nick Bhakta


Motion: Croley/Morgan for approval of Badger 4-1 (Taylor Opposed)


Hemant Patel resigned, this position replaces him.



18.   Transportation Agreement Between the Gadsden County Board of County Commissioners, City of Quincy and Big Bend Transit, Inc. to Provide the Quincy Shuttle Bus Service  

   (Robert Presnell, County Administrator/ Arthur Lawson, Sr. Asst. County Administrator)


Mr. Presnell said the Board entered into an agreement with the City of Quincy and Big Bend Transit to provide the Quincy Shuttle Bus Services from April 1, 2013 through April 30, 2014.


Chair Hinson disclosed had a contract with City of Quincy for broadband services.


Attorney Weiss said there was no conflict.


Commissioner Croley asked what area the shuttle covers.


Town of Havana has agreed to give $5,000.


Motion: Croley/ Holt 5-0 (approved)





County Administrator


19.   Update on Board Requests  

§  Visioning Session with TDC great job

§  May 29, 2014 – 1st  Budget Workshop

§  May 13, 2014  @ 10;30am– Event at Main Library for Social Security Services Available

§  Relay for Life – Thanked employees for raising $4300 to help with cancer.

§  Summer Youth – need applicants (we can pick, each Commissioner select 5 and then HR would select rest)

§  Railroad/Port St. Joe – Came to Greensboro at met at Depot going to be nice, a lot of opportunity.

§  May 26 – CRTPA (long range plan we will get request in)

§  Legislature funding that was funded, did real well. Nothing on courthouse.



County Attorney – No comment


20.   Update on Various Legal Issues (Deborah Minnis, County Attorney)


Discussion Items by Commissioners

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

§  Commissioner Taylor, District 5  Community Awareness for Social Security Office getting meeting out there. It shouldn’t stop there. We need to something in paper, radio and schools. Most people are audio. Mail please remind us, do better. Request for dirt. Summer Employment start dates. Relay for Life – congrats and it builds morale. State of Florida declared State of Emergency – Gadsden we didn’t have enough damage. Land use change, so we can address private roads. Have staff to look into.

§  Commissioner Morgan, District 3 – No comment

§  Commissioner Croley, District 2   - Recognize county administrator for safety project; Public Works Director and Staff thanks for good job. Stripping on Roads, $100,000.

Mr. Young said it’s not complete and should be finished in next two months.

§  Commissioner Holt, Vice – Chairman, District 4  - CRTPA (Bike Trail) need bike ramps. Staff concern: caution how you talk to county staff. Grant Writing someone that’s responsible for writing grants. Visioning Session was great, Planning Commission going to some of workshops. Social Security -Kiosk should push. Apalachee Regional Planning Council; Commented on having civility when discussing issues among Board and with staff if there is a concern it should be brought to Managers attention.

§  Commissioner Hinson, Chairman, District 1  Sarah Kirkland, resolution. Thanked County Staff for what they did for Relay for Life.  Lets continue to agree to disagree


Motion to Adjourn @ 8: 47pm


Receipt and File


     a. Gadsden County Division of Emergency Management Quarterly Report (12/2013-03-2014)

     b. Gadsden County Small Business Service Center Quarterly Report (April 2014)

     c. Florida Department of Health – Gadsden Quarterly Progress Report for ½ Cent Sales Tax Prevention  

        and Education Program (January 2014 – March 2014)

     d. April 9, 2014 Letter from United States Special Operations Command (Military Training April 29 –  

         May 9, 2014)




Upcoming Meetings

May 20, 2014 – Regular Meeting @ 6:000pm

May 29, 2014 – 1st Budget Workshop @ 4:00pm