1 at a Regular Meeting of the Board of County Commissioners Held in and for Gadsden County, Florida, on January 18, 1994, the Following Proceedings Were Had, Viz
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AT A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS, HELD IN AND FOR GADSDEN COUNTY, FLORIDA, ON JANUARY 4, 1994, THE FOLLOWING PROCEEDING WERE HAD, VIZ. PRESENT: EDWARD DIXON, CHAIRMAN FORREST DAVIS, VICE-CHAIRMAN ANTHONY POWELL JAMES PEACOCK BILL MCGILL HAL RICHMOND, ATTORNEY JAMES CARTER, COUNTY MANAGER NICHOLAS THOMAS, CLERK CALL TO ORDER Chairman Dixon called the meeting to order. Commissioner Powell led in the pledge of allegiance to the U. S. Flag. Commissioner Peacock then opened the meeting with prayer. ADOPTION OF THE AGENDA UPON MOTION OF COMMISSIONER POWELL AND SECOND BY COMMISSIONER PEACOCK, THE BOARD VOTED 5 - 0 TO ADOPT THE AGENDA AS PRINTED. APPROVAL OF THE MINUTES OF THE DECEMBER 21, 1993 MEETING Commissioner McGill noted one error in the minutes of December 21, 1993. He asked that the word "block" be removed from the only sentence in the fifth paragraph of page 4. The grant is not a block grant - it is an individual grant which people apply for through Farmer's Home Administration. UPON MOTION OF COMMISSIONER MCGILL AND SECOND BY COMMISSIONER PEACOCK, THE BOARD VOTED 5 - 0 TO APPROVE THE MINUTES OF THE DECEMBER 21, 1993 MEETING AS CORRECTED. COUNTY ATTORNEY Public Hearing on the Proposed Nudity Ordinance Mr. Richmond announced the public hearing of the duly advertised Notice of Intent with regard to the proposed nudity ordinance. He asked for public input. 1 Board of County Commission Gadsden County January 4, 1994 Page 2 of 9 The chairman asked the audience members if anyone would like to speak in favor of the nudity ordinance. A gentlemen from the audience asked Mr. Richmond to read the ordinance. Mr. Richmond stated that the ordinance was more than 20 pages and was too lengthy to read. He did read the title of the ordinance aloud. Commissioner McGill asked that the adoption of the ordinance be tabled. He stated he had studied the ordinance and would like for it to include additional provisions which were omitted in the first draft. The chairman asked the audience members if anyone wished to speak in opposition to the ordinance. Commissioner McGill made a motion to table the discussion of the ordinance. Mr. Richmond told the commissioners that if the proposed ordinance language is changed substantially, it would be necessary to readvertise it. Commissioner Peacock asked what effect the delay in the adoption of the new ordinance would have on the county and if the county would be without protection from any person who wishes to open a business prior to the adoption of the new ordinance? Mr. Richmond explained that the existing ordinance would be in effect until a new one repeals it. The chairman asked Commissioner McGill to clarify the additions he wants to be included into the new ordinance. Commissioner McGill stated he wanted the ordinance to address pornography, adult book stores, video stores, dress codes for public cafeterias, etc. He went on to explain that Leon County is having to amend their ordinance already because they did not include provisions for these concerns. He wanted to be certain that when the new ordinance goes into effect, it will withstand constitutional muster. He would also like for Attorney General Butterworth to at least give the county a legal opinion before advertising the proposed ordinance. 2 Board of County Commission Gadsden County January 4, 1994 Page 3 of 9 Mr. Richmond told the board that it would be March before the matter could be addressed again. The chairman stated once again that the nudity ordinance was tabled. Consent Order for the Chattahoochee Landfill Mr. Richmond reported that the consent order had been misplaced before reaching his office. He would locate it or a second one and have it prepared for the next board meeting. COUNTY MANAGER Request from Citizens to re-open Bowling Green Drive - Colonial Estates Mr. Carter informed the board of receipt of a letter from Mr. Bill Penrose requesting confirmation from the county that Gadsden County does own Bowling Green Drive in Colonial Estates and is responsible for the maintenance. In researching the matter, Mr. Carter was able to verify that the county did own the road (deed dated May 2, 1973) and is responsible for its maintenance. However, he told the board, the road has not been maintained for a number of years. Cite inspection revealed that presently, the road is nothing more than a truck trail with trees growing in the front and back slopes of the road. Road and bridge staff advised Mr. Carter that a substantial investment would be required of the county to bring the road up to specifications. He offered the following options: 1. Do nothing, which constitutes an action by default. 2. Reopen the road again to less than specifications for roads we are currently accepting from subdivisions. 3. Reopen and rebuild to specifications and incur substantial costs, essentially building a new road. 4. Make motion to abandon the road in accordance with provisions of 336.90-10. 3 Board of County Commission Gadsden County January 4, 1994 Page 4 of 9 Mr. James Parramore, Road & Bridge Department Supervisor, told the board he estimated costs up to $35,000 to bring the road up to specifications. Commissioner Powell told the other commissioners he did not believe the owners of property along that road should be penalized for negligence of the previous administration of this board. He did not want the board to get into the posture of closing roads just because no one lived on them. He was of the personal opinion that the county was at fault. Commissioner Peacock agreed with Commissioner Powell. He said that he was unaware of this road situation until he read about it in the Gadsden County Times on December 30, 1993. Since that time, he had researched the road maintenance history. He was apologetic to the land owners for the neglect. He noted several similar problems addressed previously by this board. He concluded his remarks by saying he wanted to put the road into good condition. Commissioner McGill asked by what authority did the county stop maintaining the road. Commissioner Davis said this road was accepted prior to the adoption of the subdivision ordinance but acknowledged the matter is clearly a county responsibility. It was the consensus of the board to reopen the road to less than specifications - the second option offered by the county manager. Commissioner Powell asked Mr. Parramore what would be done for the $35,000. Mr. Parramore responded by saying the figure stated by him was based on the recent average costs of building a dirt road. The chairman asked for public comment. Mr. Bill Hubert asked if the county would have the Department of Transportation to test the roadbed to determine if it needs to be rebuilt. The chairman responded by saying the county staff has the ability to make the proper assessment. 4 Board of County Commission Gadsden County January 4, 1994 Page 5 of 9 Lee Jackson told the board that the ditches have not been maintained for many years either. Robert C. Crawford representing Carl Crawford requested the board approve rebuilding the road. Bill Penrose told the commissioners that he knows of at least three houses that are going to be built in Colonial Estates within a year. He went on to say he did not believe that it would cost $35,000, but even if it did, the taxes on the new property would soon pay for the repairs. He thought just upgrading the old road would suffice. Roger Ellis (a resident in Colonial Estates) said there is nothing wrong with the road. Some gravel would be appreciated, however. Mr. Glen Watt, a resident of Colonial Estates and road contractor, stated the road could be put into acceptable shape for $5,000. He offered to do it for that amount if the county would give him a contract. UPON MOTION BY COMMISSIONER POWELL AND SECOND BY COMMISSIONER DAVIS, THE BOARD VOTED 5 - 0 TO REPAIR BOWLING GREEN ROAD TO A SPECIFICATION TO BE DECIDED BY MR. WATT AND MR. PARRAMORE WHICH WOULD MAKE THE ROAD USEABLE AGAIN. The audience applauded. Fire Assessment Litigation Proposal The chairman tabled the discussion of this matter until the next meeting of the board. He said there were some new developments to be worked out with regard to the proposal. Consulting Services - Development of County-wide Budgeting System Mr. Carter informed the board that he was developing an RFP for consulting services for the development of a county-wide budgeting system. No action was required. Travel Allocation Requests 5 Board of County Commission Gadsden County January 4, 1994 Page 6 of 9 Mr. Carter requested authorization to travel to Daytona, FL to attend the Public Policy Forum on January 25-28, 1994 and to expend the amount of $500.00 for registration and hotel registration. The travel and per diem costs will be submitted after his return. He then asked for authorization to attend the National Conference for National Forum of Black Public Administrators in New Orleans for the period of April 27 - May 1, 1994. This is pursuant to the provisions in the employment contract and the money is in the travel budget. Travel and per diem costs will be submitted upon his return. UPON MOTION OF COMMISSIONER MCGILL AND SECOND BY COMMISSIONER POWELL, THE BOARD VOTED 5 - 0 TO APPROVE THE TRAVEL AS REQUESTED BY MR. CARTER. (MEMOS ATTACHED) Request to Apply for Grant Mr. Carter explained that the Grants Administrator has requested permission from the board to develop an application for a grant from the Department of Natural Resources for support facilities in (restrooms, parking access to roads and landscaping) the county's existing parks.