City of Midway

50 Martin Luther King Boulevard

Midway, Florida 32343

RegularCity Council Meeting

Minutes ofFebruary 7, 2013

The regular meeting of the Midway City Council was called to order by Mayor Ella Barber (via telephone) at 7:00PM on Thursday, February 7, 2013.

Invocation was done by all followed by the Pledge of Allegiance.

Council members present: Mayor Ella Barber, Mayor Pro Tem Chuck Willis, Jerrod Holton (arrived at 7:10),David Knight, Delores Madison, Allean Robinson and Charlie Smith.

Council members absent: None.

Other staff present: Roosevelt Morris (Interim City Manager & Growth Management Director),Henry Hunter(City Attorney),Angela Goldwire (Administrative Services Director)and Frances Harrell (City Clerk).

Mayor Barber thanked everyone for their concern during her period of incapacitation.

Agenda Modifications–Mayor Barber asked everyone to please take into consideration if a suggested item is time sensitive. Councilwoman Madison asked council to add under presentations Mr. Scott Modesitt to give an update on the CDBG Grant and the new Fire Station and further stated that it is time sensitive as a response is needed to correspondence that had been received by city staff. Mayor Barber suggested items are brought up in a more timely manner than waiting until the night of the meeting.

Motion by Councilwoman Madison and seconded by Councilwoman Robinson to add under Governmental Agencies a presentation by Mr. Scott Modesitt. The motion was unanimously approved.

Adoption of Agenda – Motion by Councilwoman Madison and seconded by Councilman Knightto adopt agenda for the Regular Council Meeting of February 7, 2013 with add-on. The motion was unanimouslyapproved.

Awards/Presentations –Students Working Against Tobacco SWAT – Students from Gadsden Central Academy under the direction of Deldrick Grimes gave a presentation on Tobacco and asked council for a resolution banning the sale of candy flavored tobacco. Motion by Councilwoman Madison and seconded by Councilman Holton to assist the young men of Gadsden Central Academy and provide a Resolution to support SWAT. The motion was unanimously approved.

Appearances by City Council Appointed Boards and Committees

Governmental Agencies or Other Requested Presentations –

  1. CDBG Update/Fire Station – Mr. Scott Modesitt of Summit Professional Services provided a detailed hand-out and explained in detail his concerns. Mayor Barber expressed her concerns as this information is new to her. Interim City Manager Morris will forward a copy of hand-out to Mayor Barber. Councilwoman Madison stated that as a council member and a citizen the concern expressed by Mr. Modesitt with contractor being paid from city funds is very serious as they should have been paid from the grant; expressed concern with payouts being made without council approval. Councilman Holton stated that he thought it was a reimbursement grant and was told it was not. Councilman Holton also asked if $650,000.00 was placed in the city’s hand and was told it was not. Mr. Modesitt stated that there is $93,000.00 that have been paid out from the grant and if documentation is not provided the city will have to pay the funds back and there are funds the city have paid that the city may not be reimbursed if documentation is not provided and there cannot be any more draws without documentation. Mr. Sam Stevens, Citizen/Contractor stated that he had met with Mr. Modesitt today and explained that sub-contractors have about three forms that need to be completed and he will be meeting with them tomorrow and they will get all the paper work completed and it will be given to Mr. Modesitt. Mayor Pro Tem Willis suggested this item is tabled until the hand-out is reviewed. Councilwoman Madison questioned employees being under-paid. Mr. Modesitt explained supplemental payments have been paid and also explained that the biggest problem was having the City Manager act as the General Contractor on the project and a certified letter was sent addressing the concern. Interim City Manager Morris explained they have met and is en route to getting on track. Councilwoman Robinson asked what the time frame is and was told by Mr. Modesitt July 17, 2013. Councilwoman Madison expressed her concern with the fact that the former City Manager took it upon himself to make payments without approval and asked were all checks made payable to contractors or some to individuals and was told one check was written to an individual because he could not cash a check in the business name. Mr. Modesitt advised council that there cannot be any further construction on the fire department until concerns are corrected.

Consent Agenda – None.

Old Business

  1. Action/Recommendation Charter School Contract – InterimCity Manager Morris explained he had just two days ago received a revised copy of the contract with the Gadsden County School Board that have to be submitted by the 17th and further stated that he have not had time to review it. Mayor Barber stated that too many people hands was on the contract and suggested a workshop. Mayor Pro Tem Willis stated that council needed to act on the contract now; as the Council is the Governance Board and a decision need to be made what the other Board will be called. Councilwoman Madison stated that she needs to review the contract prior to voting. Councilman Knight suggested the Governance Board is changed to Advisory Board. Councilman Smith stated that Millie Forehand opinion is just one person and suggested the council move forward. Councilman Holton stated that he agree with Councilman Knight and Councilman Smith that council can grant responsibilities and the Board can report back to council for directions. City Attorney Hunter stated that there is nothing in the contract that should delay action because council may want something in the contract does not mean the School Board will put it in the contract. Mayor Pro Tem Willis stated that council members were elected to do a job and if council has to meet three times a month then that is what will have to be done. Councilwoman Madison suggested council take the week-end to review the contract and schedule a workshop. Motion by Councilwoman Madison and seconded by Councilwoman Robinson to schedule a special meeting for February 13th to vote on the contract. The motion was approved 5 to 2 (Holton and Smith “no”).
  2. Action/Recommendation Charter Revision – Mayor Barber stated that she is getting all the information in and asked council for any input. Council consented to a workshop on Charter Revisions for 7:00 p.m. on February 13th.
  3. Approval of Minutes Regular Council Meeting January 3, 2013 – Motion by Councilwoman Madison and seconded by Councilman Knight to approve the minutes of January 3, 2013. The motion was unanimously approved.
  4. Approval of Minutes for Continuation of Regular Council Meeting January 3, 2013 – Motion by Councilman Knight and seconded by Councilman Holton to approve the minutes for the Continuation of the Regular Council Meeting of January 3, 2013. The motion was unanimously approved.
  5. Approval of Minutes Council workshop January 24, 2013 – Motion by Councilman Knight and seconded by Councilwoman Madison to approve the minutes for the workshop held on January 24, 2013. The motion was unanimously approved.
  6. Approval of Minutes Council Workshop January 31, 2013 – Motion by Councilman Knight and seconded by Councilwoman Madison to approve the minutes of January 31, 2013 workshop. The motion was unanimously approved.

New Business

Monthly Financial Update – Written Report provided and explained by Mr. Bill Bogan. Councilwoman Madison questioned the ad valorem taxes and expressed her concern with city being in the negative. Mr. Bogan explained he is not involved with any grant payments; just comes in to work with city staff; explained city is not in a position to be in a financial crisis if the grant issue is corrected. Councilwoman Madison asked what if it is not straighten out. Mr. Bogan explained there are funds in surplus. Mayor Pro Tem Willis asked Mr. Bogan to be at the meeting when Mr. Modesitt comes back.

Department Monthly Reports – None

City Manager’s Report – Interim City Manager Morris stated that the city did not get the CDBGED Grant but asked council if they wanted to proceed with the mini strip mall grant and explained the process. Councilwoman Madison expressed her concern and stated that she had information that the Patels had changed from the original plan. Councilman Smith stated that council promised the Dovers there would be sewage and suggested council move forward and go with bigger lines. Motion by Councilman Knight and seconded by Councilman Smith to give Interim City Manager permission to move forward with grant. Motion approved 5 to 2 (Robinson & Barber “no”) Madison “yes” with the understanding he will check with Patels regarding one or two phases; Smith “yes” but ask state about size of pipe; and Willis “yes” but have concerns with changes of Patel per Councilwoman Madison. Interim City Manager Morris advised that he understands the city is under a spending freeze but the Fire Engine is in need of tires and the cost of the Van that is parked outside is $4800.00 and the city will get $7,000.00 from the auction; will be sitting down with county to discuss an increase in interlocal agreement. Councilwoman Madison asked if the city still have the bus and was told yes; asked if the city would be purchasing new tires and was also told yes by Interim City Manager Morris. Motion by Councilman Holton and seconded by Councilman Knight to approve the tire purchase for the fire department. The motion was unanimously approved. Motion by Councilman Holton and seconded by Councilwoman Madison to put the decision on hold to purchase the van. The motion was unanimously approved.

Council Reports

Councilwoman Madison stated that she have information that she will pass on the Interim City Manager regarding a Proclamation for Florida Association to Honor Military Families on April 17, 2013; foresee problems with pension reforms but Legislature is still working on it.

Councilwoman Robinson – No report.

Councilman Holton – No report.

Councilman Knight stated that he have information on Public Awareness meeting that he will pass on to the Interim City Manager Morris; asked that recommendation to get tourism to the city be e-mailed or please contact city staff.

Councilman Smith asked what the city was planning to do about payment to former City Manager Ford. Mayor Pro Tem Willis suggested a closed attorney client meeting as this was the wrong time of night. Interim City Manager Morris provided a copy of a letter from Former City Manager Ford giving the city until tomorrow (Friday) to make payment or he would go in another direction. Attorney Client session was scheduled for 6:30 p.m. on Wednesday, February 20th.

Mayor Pro Tem Willis provided a proposal to Interim City Manager Morris from Ms. Millie Forehand, Executive Director of Crossroad Academy; stated that Ms. Sarah Gee need her back porch fixed; asked for status of Ms. Brown house and was told by Interim City Manager Morris they were waiting on bid; trying to have 20th of May picnic, will accept donations; status of Imani Circle clean up and was told getting bids to get it cleaned up.

Mayor Barber stated that the fire department is very serious and stated that council need to find out what can be done are the Chief hands are tied.

City Attorney Report – City Attorney Hunter provided a summary of all cases pending and settled and suggested city go with State Compliance as it relates to Towing and Empowerment and stated that the deed was signed today (Thursday) for Workforce Plus/Kim Moore. Captain Turner advised council that on April 5th Midway impounded a law to impound any vehicles for traffic offenses, per Fla. Statutes you must have a fence; bids are now open for contractual towing.

Public Comment - Attorney Fred Flowers, Representing Lawson Paint and Body Shop stated that he was present to challenge the towing policy of Midway; policy words by Captain Turner were beautiful but it is clear the city is in violation of Fla. Statutes regarding towing; policy calls for a rotation system; the City of Midway policy is a joke; city should not be in the impounding business; why would the city pay to have a $8,000.00 fence installed when you are already have a concern about finances; city is treading on thin ice; city need to abide by State policy; asked who is directing the Gadsden County Sheriff Department to call McGuffy’s in Tallahassee to do Midway towing. Citizen Eugene Lamb stated that he was approached some time ago and he was very disturbed that you would have a business that have been in your city for over thirty years and their services are not being used; Lawson is set up for towing and the city is not; make sure Midway people are helped first. Captain Turner stated that Midway have inventory sheets that are available; money orders and cashier checks are accepted for towing and funds are deposited in the Fines and Forfeiture where there are enough funds to cover the cost of the fence; there were issues with prices and stipulations with the Lawson Paint and Body shop is why their services were not being used. Councilman Smith stated that the lowest bid is not always the right bid when it comes to the citizens.

Motion by Councilman Holton and seconded by Councilwoman Madison to adjourn at 9:55 p.m.

Meeting adjourned 9:55 p.m.

ATTEST:City of Midway, City Council

______

Frances H. HarrellElla Barber, Mayor

Dated this ___ day ofDated this ____ day of

______, 2012.______, 2012.

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