Public Meeting of the Board of County Commissioners

Held on March 28, 2017 at 3:00 PM

in the County Commissioners' Meeting Room

Room 103, Administration Building

Arcadia, Florida

 

 

The Board of County Commissioners held a Public Meeting on March 28, 2017.

 

              Roll Call

 

Attendee Name

Title

Status

Arrived

Juril "Buddy" Mansfield

Commissioner, District 1

Present

 

James Selph

County Commissioner, District 2

Present

 

Judy Schaefer

County Commissioner, District 3

Present

 

Elton Langford

Chairman, District 4

Present

 

Terry Hill

County Commissioner, District 5

Present

 

Donald Conn

County Attorney

Present

 

Mandy Hines

County Administrator

Present

 

Richard Metzger

Facilities Director

Present

 

Jill Kersey

Transcribing Secretary

Present

 

Lauri Benson

Office Manager

Present

 

Linda Nipper

Budget Coordinator

Present

 

Peter Danao

Interim Finance Director

Present

 

Earl Hahn

Development Director

Present

 

Jorge Hernandez

Compliance Director

Present

 

Thomas Moran

Emergency Management Director

Present

 

Michael Giardullo

County Engineer

Present

 

Latrinda Jones

Interim Human Resources Director

Present

 

Henry Grimes

Environmental Services Director

Present

 

Linda Waters

Library Director

Present

 

Tara Anderson

Parks & Recreation Director

Present

 

Larry Taylor

Public Safety Chief

Present

 

Cindy Talamantez

Purchasing Director

Present

 

Shawn Edwards

Road & Bridge Director

Present

 

Peggy Waters

Social Services Director

Present

 

Jody Sullivan

Turner Center Director

Present

 

Eddie Miller

Utilities Director

Present

 

 

              Call to Order                            3:00 PM

Chairman Elton A. Langford called the meeting to Order.

              TURN OFF OR SILENCE ALL CELL PHONES

Chairman Elton Langford requested all who were present to turn off or silence all cell phones.

              Prayer/Pledge of Allegiance

Josh Housman with First Baptist Church of Fort Ogden offered the innvocation, after which Chairman Elton Langford led the Pledge of Allegiance.

              Introduction of Elected Officials

Commissioner Elton Langford stated Kathryn Hill, Tax Collector and Sheriff James Potter were present in the audience.

              Set/Amend

A motion was made by Commissioner Buddy Mansfield to set the Agenda as presented. Seconded by Commissioner James Selph. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              James Selph, County Commissioner, District 2

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

              Public Forum for Non-Agenda Items

There were no public comments.

              Consent Agenda-Motion to Approve

A motion was made by Commissioner Buddy Mansfield to approve the Consent Agenda. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

1.              Accounts and Warrants Drawn Per Schedule of Bills Payable.

2.              Minutes of February 28, 2017 BOCC Public Meeting.

3.              Declaration of surplus property.

              Presentations

4.              Distinguished Citizen Award/Nelda Hill

Commissioner Buddy Mansfield addressed the Board  to present Ms. Nelda Hill with the 2017 First Quarter Distinguished Citizen Award and stated Ms. Hill had given over 33,000 volunteer hours to DeSoto Memorial Hospital and thanked her for the many years of service. The award was presented by Commissioner Judy Schaefer. A motion was made by Commissioner Buddy Mansfield to award Ms. Nelda Hill with the 2017 First Quarter Distinguished Citizen Award. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              PRESENTATION GIVEN [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

5.              Proclamation/Child Abuse Prevention Month

Mandy Hines, County Administrator read while Commissioner Terry Hill presented Ms. Perkins a Proclamation designating the month of April 2017 as Child Abuse Prevention Month in DeSoto County. Ms. Perkins thanked the Board for their support. A motion was made by Commissioner Buddy Mansfield to proclaim the month of April as Child Abuse Prevention Month. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              PRESENTED [UNANIMOUS]

MOVER:              James Selph, County Commissioner, District 2

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

6.              Proclamation/ Donate Life Month

Mandy Hines, County Administrator read while Commissioner Buddy Mansfield presented Ms. Leslie Robowski a Proclamation designating the month of April 2017 as Donate Life Month in DeSoto County. A motion was made by Commissioner Buddy Mansfield to proclaim the month of April as Donate Life Month. Seconded by Commissioner James Selph. Motion carried unanimously.

RESULT:              PRESENTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              James Selph, County Commissioner, District 2

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

7.              Proclamation/Water Conservation Month

Mandy Hines, County Administrator read while Chairman Elton Langford presented Ms. Tara Poulton a Proclamation designating April 2017 as Water Conservation Month in DeSoto County. A motion was made by Commissioner Buddy Mansfield to proclaim April as Water Conservation Month. Seconded by Commissioner Judy Schaefer. Ms. Poulton thanked the Board.

RESULT:              PRESENTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

8.              Proclamation/Gopher Tortoise Day

Mandy Hines, County Administrator read while Commissioner Judy Schaefer presented Ms. Rachel King, Jamie Phypher and Sara Hollenhorst a Proclamation declaring April 10, 2017 as Gopher Tortoise Day. A motion was made by Commissioner Buddy Mansfield to proclaim April 10, 2017 as Gopher Tortoise Day. Seconded by Commissioner Terry Hill. Motion carried unanimously.

RESULT:              PRESENTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Terry Hill, County Commissioner, District 5

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

              Regular Business

9.              Resolution/Budget Amendment

Linda Nipper addressed the Board and requested approval of budget amendments 2017-60, 2017-61, 2017-62, 2017-66, 2017-67 and 2017-68. A motion was made by Commissioner Buddy Mansfield to adopt a Resolution relating to the attached budget amendments effecting the 2016/2017 adopted budget. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

10.              Agreement/Gollahon Financial Services

Linda Nipper addressed the Board requesting approval of a Letter of Agreement with Gollohon Financial Services, Inc. to assist and advise DeSoto County regarding the issuance of a new bank loan to replace the existing USDA loan which would save DeSoto County Utilities Department $2.8 million over the life of the loan. A motion was made by Commissioner Buddy Mansfield to approve the Letter of Agreement with Gollohon Financial Services, Inc. Seconded by Commissioner Terry Hill. Motion carried unanimously.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Terry Hill, County Commissioner, District 5

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

11.              Agreement/Bryant Miller Olive

Linda Nipper addressed the Board requesting approval of an Agreement with Bryant Miller & Olive to act as Note Counsel in connection with the issuance of the Utility System Refunding Revenue Note, Series 2017. A motion was made by Commissioner Buddy Mansfield to approve the Agreement with Bryant Miller & Olive to perform as Note Counsel in connection with the issuance of the Utility System Refunding Revenue Note, Series 2017. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

12.              Resolution/Delinquent Emergency Medical Services Accounts

Chief Larry Taylor addressed the Board requesting approval to write off all uncollected ambulance accounts for fiscal year 2015/2016 totaling $333,409.54. A motion was made by Commissioner Buddy Mansfield to adopt a Resolution to write of all uncollected ambulance accounts for fiscal year 2015/2016. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

13.              State Housing Initiative Partnership (SHIP) Award/Rental Development Strategy

Peggy Waters addressed the Board requesting approval of the SHIP Affordable Rental Development Strategy projects; St. John Paul II Housing, Inc. and Turner Senior Apartments.  A Selection Committee reviewed the projects, found both to be quality projects and recommended funding for both. A motion was made by Commissioner Buddy Mansfield to approve the SHIP Affordable Rental Development Strategy projects; St. John Paul II Housing, Inc and Turner Senior Apartments at Fiveash and authorize the Chairman to sign the Award Letter. Seconded by Commissioner Judy Schaefer. Motion carried unanimously.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

14.              Discussion/Driveway restoration on SCOP (Small County Outreach Program) Grant Funded Projects - Fletcher Street & Shores Avenue

Mike Giardullo addressed the Board requesting design direction regarding design for the restoration of driveways on Fletcher Street and Shores Avenue. It is anticipated that many of the culverts will be replaced as part of the project. Currently the County has a Policy stating once a driveway culvert is replaced, it will be restored with shell regardless of what was previously there. Mr. Giardullo asked the Board if they would like them to be restored with asphalt, concrete or left as exposed shell? Ms. Hines stated  the funding source will dictate what restoration material will be used after the culvert is replaced. Further discussion ensued. Ms. Hines confirmed that it was the Board's direction, for grant funded projects, the driveway will be resurfaced to the furthest point of obstruction as well as continue to follow our LDR for locally funded projects.

RESULT:              PRESENTATION GIVEN

15.              Discussion/Piping a Portion of the Roadside ditch on Fletcher Street

Mike Giardullo addressed the Board regarding piping of a portion of the roadside ditch on Fletcher Street. Mr. Giardullo estimated this project would cost approximately $250,000 and funding is not currently available in the Grant. There was consensus of the Board to bid as an option for consideration as it will be a fiscal year 2017 budget consideration.

RESULT:              PRESENTATION GIVEN [UNANIMOUS]

MOVER:              Terry Hill, County Commissioner, District 5

SECONDER:              James Selph, County Commissioner, District 2

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

16.              Resolution/Set NE Theatre Street Vacation Hearing

Earl Hahn addressed the Board and requested adoption of a Resolution setting a Public Hearing date on April 25, 2017 for the vacation of right-of-way for NE Theatre Street. This was the second request due to an error in advertising. A motion was made by Commissioner Terry Hill to adopt the Resolution setting April 25, 2017 Public Hearing date for the vacation of the NE Theatre Street right-of-way. Seconded by Commissioner James Selph. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Terry Hill, County Commissioner, District 5

SECONDER:              James Selph, County Commissioner, District 2

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

17.              Resolution/Opposing HB17 and SB 1158 to preserve Home Rule Authority

Mandy Hines addressed the Board to present a request to adopt a Resolution opposing House Bill 17 and Senate Bill 1158. House Bill 17 pre-empts regulation of business, professions and occupations; SB 1158 pre-empts the regulation of commerce, trade and labor. A motion was made by Commissioner Judy Schaefer to adopt a Resolution opposing House Bill 17 and Senate Bill 1158 and authorize the County Administrator to transmit to the DeSoto County Delegation and other members of the State Legislature as deemed appropriate. Seconded by Commissioner Terry Hill. Motion carried unanimously.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Judy Schaefer, County Commissioner, District 3

SECONDER:              Terry Hill, County Commissioner, District 5

AYES:              Mansfield, Selph, Schaefer, Langford, Hill

              Administrator's Report

Mandy Hines addressed the Board and gave an update on upcoming projects. There is $250,000 budgeted for annual paving in the current year and with those funds Welles and Hillcrest will be done and the annual herbicide bid/contract came in at half of what was budgeted. The failed bridge at Second Bunker will cost approximately $52,000 to repair which was not anticipated. Ms. Hines stated County Road 661 has various levels that are failing and will no longer hold a cold patch; a temporary fix will cost approximately $24,000. The balance of the annual paving and annual herbicide contract will pay for the Bunker bridge and 6 areas of repair on CR 661. Board direction was to move forward. Ms. Hines requested volunteers to serve on two selection committees; staff will serve for the Law Enforcement MSTU Study and Commissioner Buddy Mansfield will serve for the Landfill MSBU Study. Ms. Hines gave a Legislative update on Amendment 4 Solar Exemption Implementation, Resolution 1774 which proposes changes to the Homestead Exemption Law and will require state-wide referendum, Super Pre-emption bills and the Cell Tower Bill. Ms. Hines thanked Juanita Gaitan for her service to the County and her knowledge; her last day will be Friday.

              County Attorney's Report

Don Conn reported we have received the initial brief of PIE and there are no new issues. He will prepare the answer brief over the next 30 days and hopefully a decision will be made before the end of the calendar year.

A settlement offer has been presented on the Kingsway Circle Laredo Land Trust. DeSoto County Code Enforcement has two liens on the property for approximately $14, 248. The property is vacant but the new owner plans to develop. The owner has proposed to pay the County $3,000.

Astaldi is pursuing a claim originally made by the County against Hartman & Associates. The County assigned this claim to Astaldi in our original settlement of the Astaldi lawsuit. A settlement proposal has been presented by Hartman & Associates and Mr. Conn would like to discuss the matter during an Executive Session to be held on April 11, 2017 immediately following the BOCC meeting.

              Board Member Comments

Commissioner Mansfield commented presently DeSoto County has the lowest unemployment rate of the four surrounding counties. He thanked Ms. Hines for her work with Legislature.

Commissioner Schaefer commented we are begining to see progress on the new fire station as well as the new rodeo arena. She thanked staff for all their hardwork.

Commissioner Hill thanked Juanita for her service and hopes to make progress in areas of the county with Code Enforcement. He also thanked Mandy for her time in Tallahassee.

Commissioner Selph thanked Juanita and staff. He also stated the Public Service Commission does not regulate internet speed although Legislature could regulate internet providers.

Chairman Langford reminded everyone to be cautious of high fire danger and pray for our country. He wished Juanita Gaitan well.

              Recess until 6:30 pm Public Hearing

              Quasi-Judicial Public Hearing

Don Conn reviewed Quasi Judicial hearing proceedings.

All who were present and planning to testify were placed under oath by the Board Transcribing Secretary.

All ex-parte communications were reported. Commissioner Selph was absent for the evening meeting.

18.              Resolution/Special Exception

Earl Hahn addressed the Board to request adoption of a Resolution granting a special exception use to the Islamic Center of Arcadia, Inc for a place of worship in the RMF-6 zoning district and discussed details of the request. Staff recommends approval with conditions. Matt Newton was present as counsel for the applicant and reviewed details of the request.

Alibaba Mamumba stated he would like local people to have a place to worship. As of now, the closest place of worship is in Port Charlotte.

Mideda Himonovich stated if this community does not have a place to pray in Arcadia, it infringes upon their ability to have any form of Worship.

Mr. Conn stated there had been numerous delays or continuances that was not a result of any action by the County. Further discussion ensued.

Abdul Q Syed spoke in support of the request.

Badar Memon spoke in support of the request.

Abdirahman Hussein spoke in support of the request.

Abduazim Karabaev spoke in support of the request.

Imam Ihtisham Quresshi spoke in support of the request.

Ed Johnson spoke in opposition of the request.

Robert Grinis spoke in opposition of the request.

Beverly Grinis spoke in opposition of the request.

Michael Crowe spoke in opposition of the request.

Rev. William Bailey Sr. spoke in opposition of the request.

Shafi Uddin spoke in support of the request.

Sarah Hollenhorst spoke in support of the request.

MD. Z. Abedin spoke in support of the request.

Ibrahim spoke in support of the request.

Dave Wills spoke in opposition of the request.

Joan Brannan spoke in opposition of the request.

Daryl Suggs spoke in opposition of the request.

A motion was made by Commissioner Buddy Mansfield to close the public hearing. Seconded by Commissioner Terry Hill. Motion carried 4-0 with Commissioner James Selph absent.

Commissioner Buddy Mansfield feels this request is not correct for the location.

Chairman Elton Langford feels the request is not in compliance with the Comprehensive Plan and not compatible with the neighborhood.

Commissioner Judy Schaefer feels this request is not correct for location.

Commissioner Terry Hill feels there were numerous issues not answered correctly.

Commissioner Buddy Mansfield made a motion of denial due to Special Exception not compatible with adjacent properties and  competent substantial evidence did not support those findings. Seconded by Commissioner Terry Hill

RESULT:              DEFEATED [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Terry Hill, County Commissioner, District 5

AYES:              Mansfield, Schaefer, Langford, Hill

ABSENT:              Selph

19.              Ordinance/Code of Ordinances - First Reading

Mr. Conn addressed the Board and requested approval of a first reading for the proposed development and adoption of a Code of Ordinances. A motion was made by Commissioner Buddy Mansfield to accept the Ordinance adopting the DeSoto County Code on first reading. Seconded by Commissioner Judy Schaefer. Motion carried 4-0 with Commissioner James Selph absent.

RESULT:              FIRST READING [UNANIMOUS]

MOVER:              Juril "Buddy" Mansfield, Commissioner, District 1

SECONDER:              Judy Schaefer, County Commissioner, District 3

AYES:              Mansfield, Schaefer, Langford, Hill

ABSENT:              Selph

              Adjournment

There being no further business, Chairman Elton Langford adjourned the meeting at 9:00pm.

 

 

ATTEST:                                                                  BOARD OF COUNTY COMMISSION

                                                                                   DESOTO COUNTY, FLORIDA

             

_______________________________                     _________________________________

MANDY HINES                                                       ELTON A. LANGFORD

COUNTY ADMINISTRATOR                              CHAIRMAN