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01/15/02 Page 1 of 55 at a REGULAR MEETING of the BOARD of COUNTY COMMISSIONERS HELD in and for GADSDEN COUNTY, FLORIDA on JANU

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01/15/02 Page 1 of 55 at a REGULAR MEETING of the BOARD of COUNTY COMMISSIONERS HELD in and for GADSDEN COUNTY, FLORIDA on JANU AT A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD IN AND FOR GADSDEN COUNTY, FLORIDA ON JANUARY 15, 2002, THE FOLLOWING PROCEEDINGS WERE HAD, VIZ. PRESENT: W. A. (BILL) MCGILL, CHAIR STERLING L. WATSON, VICE-CHAIR CAROLYN ROBERSON E. H. (HENTZ) FLETCHER EDWARD J. DIXON NICHOLAS THOMAS, CLERK HAL RICHMOND, COUNTY ATTORNEY HOWARD MCKINNON, COUNTY MANAGER 1. CALL TO ORDER Chair McGill called the meeting to order. Commissioner Watson led in pledging allegiance to the U.S. Flag and Commissioner Dixon led in a prayer. 2. ADOPTION OF THE AGENDA UPON MOTION BY COMMISSIONER FLETCHER AND SECOND BY COMMISSIONER WATSON, THE BOARD VOTED 5 - 0, BY VOICE VOTE, TO ADOPT THE AGENDA AS PRESENTED. 3. APPROVAL OF MINUTES - DECEMBER 18, 2001 UPON MOTION BY COMMISSIONER WATSON AND SECOND BY COMMISSIONER FLETCHER, THE BOARD VOTED 5 - 0, BY VOICE VOTE, TO APPROVE THE MINUTES OF DECEMBER 18, 2001. 4. PLANNING AND ZONING AGENDA 4.1 Continuation of Hearing of December 18, 2001 Metropolitan Church K-6 Day School, Special Exception Use 01PZ-21-201-1-03 Growth Management Director Bruce Ballister reminded the Board that this hearing was a continuation of the hearing of December 18, 2001. He asked how the Chair wanted to proceed with the hearing. Chair McGill stated that the Board would not hear any more testimony, but Attorney Williams had asked to make some comments as 01/15/02 Page 1 of 55 AT A SPECIAL MEETING/WORKSHOP OF THE BOARD OF COUNTY COMMISSIONERS HELD IN AND FOR GADSDEN COUNTY, FLORIDA ON MARCH 19, 2002, THE FOLLOWING PROCEEDINGS WERE HAD, VIZ. PRESENT: W. A. (BILL) MCGILL, CHAIR STERLING L. WATSON, VICE-CHAIR CAROLYN ROBERSON EDWARD J. DIXON (ARRIVED AT 5:40 P.M.) E. H. (HENTZ) FLETCHER (ARRIVED AT 5:50 P.M.) HAL RICHMOND, COUNTY ATTORNEY HOWARD MCKINNON, COUNTY MANAGER MURIEL STRAUGHN, DEPUTY CLERK CALL TO ORDER Chair McGill called the meeting to order stating that it was a continuation of the workshop which began on March 5, 2002. He explained that the purpose of the meetings was to discuss certain procedures, practices and noticing that the Board might choose to adopt as guidelines by which it would conduct its meetings. He then turned the meeting over to County Attorney Hal Richmond. Mr. Richmond recapped the discussions held at the workshop of March 5. He emphasized that there was only discussion and that no vote was taken. 1) Voting of an absent commissioner via telephone/video during a meeting was not acceptable. 2) The Chairman would be allowed full voting privilege including the right to make and second motions. 3) In the event of a 2 -2 tie vote, the absent commissioner may review the record and evidence of the meeting and cast a vote at a subsequent meeting. 4) When and issue is on the agenda and the notices have gone out and a quorum is present, the issue should not be continued just because one commissioner cannot be present. If, during the course of the meeting, the Board makes the determination that there has not been adequate information, then the issue can be tabled. Otherwise, the item cannot be pulled from the agenda once it has been noticed. 5) A petitioner or applicant (not a commissioner) who requested that the item be placed on the agenda may pull it from the agenda. However, it cannot be placed back on the agenda for 03/19/02 Page 1 of 5 Gadsden County Board of County Commissioners March 19, 2002 Workshop two months. After it has been on the agenda two times and pulled by the applicant, it cannot be re-agendaed for 12 months. The applicant must pay the costs associated with the notices after the first time it appears on the agenda. Mr. Richard Thompson was recognized for comments. He stated that some issues are subject to State Statute notice requirements and others subject County Ordinance notice requirements. He especially addressed the public hearings that are mandated in addition to the Sunshine Act notice requirements. He suggested that they be mindful of those requirements as they develop rules of procedure. He suggested that a commissioner be allowed to table items from the consent agenda regardless of notice. Ms. Marion Lasley asked if and when items are tabled (regardless of the reason), if it would have to be re-noticed in the newspapers. Mr. Richmond replied that it has been the practice of the Board to announce the continuation of the issue to a future date and relied on the media to notice that it was continued without legal re-noticing. However, he stated that there are problems with that practice and the procedure will be clarified and corrected through the process of these workshops - especially with regard to mandatory requirements with Planning and Zoning issues. It was suggested that matters that deal with the day to day administrative type issues that have no statutory notice requirements other than the Sunshine Act could be tabled. When a member of the public brings a complaint to the Commission in a public meeting that has not appeared on the agenda, the Board will not hear the complaint until the other party has been noticed and can appear to defend his/her position. There was a discussion as to the following: 1) Developing a plan to educate the public as to their rights on issues that come before the County Commission. It was suggested that an article should be placed in the local papers to let the public know that, when there is an issue on the agenda before the Board, they have the right to address the issue in person or in writing. 03/19/02 Page 2 of 5 Gadsden County Board of County Commissioners March 19, 2002 Workshop 2) Notices of all meetings should be placed on the front and back doors of the Edward J. Butler Building, all doors of the courthouse and city halls. 3) At every quasi-judicial hearing, there should be a brief announcement made which will inform the public of their rights to either speak to the issue or respond in writing to preserve their rights. 4) Some type of visual information should be permanently posted where it can be easily seen informing the public of the agenda issues. Some type of sign-in card or sheet should be made available for citizens to fill out and request to be heard on specific issues either in person or in writing. 5) The subject of a special master was discussed but not considered as something the Board would want to do. Notice of Comprehensive Plan Issues FL Statutes require that the County give advertised notice of two public hearing at least two weeks in advance. In addition, the Land Development Code requires that notice be mailed to people who live within 1,000 ft. of the affected change. There was discussion as to the following: 1) Adopting a policy that would require the County to place larger advertisements in the newspapers in language that the population can better understand. It was also suggested that the advertisement include maps that readily demonstrate the location of a proposed change which would include the surrounding properties. 2) Change the practice of mailing notices to citizens regarding proposed land use changes, etc. It was suggested that it be changed to require that notices be mailed to property owners within 3,000 ft. of the affected area rather than 1,000 ft. 3) If the Board should decide that an issue is of such significance, it may waive the normal notice requirements. However, the “fast track” should be defined and qualified so as to benefit the public good. Additionally, the Board should go beyond the normal practice and legal limits to encourage the public 03/19/02 Page 3 of 5 Gadsden County Board of County Commissioners March 19, 2002 Workshop participation when such matters arise - enlarge the size of the usual newspaper ad and send written notices via US Mail to the affected parties within a greater perimeter than the normal 1,000 feet. 4) In addition to the statutory requirements for notice, the Board should always consider the people who will be affected and make good faith attempts to get them noticed of the meeting so they can be heard on a particular item. 5) Change the deadline date for items to be submitted for the agenda so as to give ample time to make the community service announcements and/or advertisements in the local newspapers within at least a week in advance of each meeting. 6) Develop a policy to increase the exposure and prominence of the newspaper advertisement for land use changes and development issues with regard to the length and size of advertisements. Directions to the County Attorney and County Manager The Board instructed the staff and Mr. Richmond to develop written policies based on the discussions had at this meeting and on March 5, 2002. Those policies should be presented to the Board at the next regular meeting and then a decision will be made as to whether another workshop will be needed. Those policies should include how to go about advertising the regular commission meetings, how much information to include in the advertisements regarding specific agenda items, how much of the agenda to be included in the advertisements and a recommendation as to a deadline for having agenda items submitted to the county manager’s office. The proposed policies should include the Library Commission, Planning and Zoning Commission, Economic Development Commission, and all other boards appointed by the County Commission.
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