Gadsden County Board Special Meeting/Workshop

March 20, 2012

Present: Sherrie Taylor

                 Brenda Holt

                Gene Morgan

               Doug Croley

                David Weiss, Assistant County Attorney

                Arthur Lawson, Interim County Administrator

 

Absent : Eugene Lamb

 

County Attorney – David Weiss  

Idea behind this is to get community input on the National Solar Agreement. What do you think is fair reasonable.  It would have to be approved a t a Public Meeting.

Update from David Gardner, Chamber of Commerce  -  He commented they have agreement 267& Highway 20, Bradwell track. They are also in discussion with Liberty and Hardy Counties.  He said it is moving ahead on both ends.

Commissioner Croley -Hardy County and Liberty Counties – Have any Counties approved agreements. He asked that receive copies of both agreements

Mr. Gardner they have executed those Agreement. He said verbiage may be different. Hensel Phelps should address group with forthcoming updates.

Commissioner Morgan addressed concerns with other counties.

Community Input

·         Marion Lasley – 5 Dante Court – She went through contract and highlighted concerns. She noted they needed to protect County.

·         Michael Dorian – 145 Alligator Run – Several concerns, highlighted toward the end of the meeting, setbacks, drainage, vegetation coverage, eminent domain all has to go in written contract. Will Citizen’s Bill of Rights kick in on each of the 20 farms

·         David Garner – Establishing minimum setbacks he said he didn’t think other Counties have addressed this issue.

·         David Weiss – I went back through notes, I did  note a couple of changes, 4.1.  He said National Solar would comply with all County requirements. Yes, they would have Citizen’s Bill of Rights

·         Anthony Matheny – Will require a Citizen Bill of Rights would have to be held on property and be properly advertised. They will have to present a detail site plan for each site. He said all items would be covered.

·         Commissioner Croley – would track with make some type of concerns with

·         Anthony Matheny – Its listed as a utility use, which requires a special exception. He said the farms would probably be in Ag Districts.

·         Commissioner Croley – said he wanted it be run smooth for National Solar, it gives impression from the Contract, this is a done deal. We want to put out a good welcome, we can’t ignore public duties.

·         David Weiss – All applicable regulations and rules would be applied, just as quickly as possible, with all applicable rules applying.

·         Michael Dorian – can someone come along and sue, because they where 1st in line.

·         Michael Dorian – pro solar education, he said he welcomed this to Gadsden County.

·         Assignment Number 10(page 7) – Will this only be for Solar Farms, can they sell incentatives to other farms. He said he would like for b to be clearer; lawsuits; eminent domain

·         Pam Harris Tribue, 628 S 9th Street, Quincy, Fl – Spoke in support of Solar Farms, Program Director for Small Business 1-500 employees, excited about the doors that will be open with the Solar Farm coming to Gadsden County.

LOOK AT AGREEMENT

Chair Taylor asked what was the process of the application.

Eric Williams, Vice- President they are moving along, Final Application would be forth coming.

David Weiss, National Solar  Attorney, they are aware of the workshop. He noted in the future National Solar would be happy to be in attendance.

Section 3.3 Job Creation – modify to 10 or more full-time jobs and comply

Section 3.4 – Reporting Requirements – made it clear to submit application to Property Appraiser, statue requirements at the beg.   Continually to annual report (Commissioner Croley asked that they include all entities are required to report.)

Section 4.1 – Would comply to all county and state regulations

Section 4.2 – Administrative change – you pay no fees;

Section 4.3 – Make clearer in language

Morgan – You referred to changes, $10,000 would include anything.

Holt -4.2 – How much could be Administrative be done, check with others that have. What preliminary sites. 4.4 – added it should say when possible; What fees are required for this type of business.; 4.5

Mr. Weiss – on one site doing due diligence, there expectation would be. They won’t get any funds back until it goes on tax roll. How much is too much?

David Gardner – No fees are paid until they pay, County is not out of any money, until they pay. Rebate, Refund one time per year per farm. They don’t refund back, then County will right check after they have paid. He said he has sheet, each farm pays $50,000 first year paid in taxes.

 

Chair Taylor said 4.5 then language needs to tighten – based on that reimburse for 1 farm, $30,000. $40,000 one time.

VanLandingham – Additional

David Weiss – 4.3 it’s a cap,

Chair Taylor - In last two years, what major development has County had. How much above the $10,000

VanLandingham – Pipeline

Matheny a lot will exceed $10,000 on first site alone. Bulk of fees come on value of Building Fees.

Weiss – Each solar farm per farm

VanLandingham – Discussion with National Solar and Property Appraisers from to other Counties if properties where phased in.

Matheny – He said it would probably be cheaper by the dozen. The value of property. They are utility uses, large tracks of line

VanLandingham – Taxable, Tangible

Page 1; Limit to up to 20 (not to exceed), language to make sure – mega watt Solar Farms

Page 2; definitions all applicable under law; 2.5(Owner Party)- Major concern they have would like to own solar farms for tax reasons. (look at more closely)

Page 3; Owner Obligations and Representations. (Land they are looking at, you want have to touch nature)

Gardner – Low index properties, they don’t want property with 40 year old trees, low density properties.

Morgan spoke of positiveness; he also discussed the risk that are involved.  Allow attorney and Administrator to work out kinks.

3.1 – 2 – Mega Watts; How does it affect Property Values

Weiss –

Chair Taylor said the Property Appraiser will help with selection of lands. Added language- resource

Croley – we can’t come up with prefect document, our job is , negotiate terms between County Attorney with their Attorneys. How can we communicate with National Solar.

VanLandingham – would not mind being resource, would not like to be in tool in the process.

Resource – Jack Peacock, Talquin Electric, Chamber Chair,  spoke in support of  project. He commented that Chamber has no monetary beneficiary.

20megawatts – to 50 megawatts.

Croley – Works out arrangement. H is suggestion should be cleared up.

Taylor  - We need to put number/cap on

Morgan – Framework issues/concerns give to Attorney and allow him to relay to National Solar.

Weiss – Take concerns and draft language, We need to have information and facts.

Gardner – safety concern, not an issue, the limiting factor is what commission lines can handle(Transition Load Factor)

Megawatt, Acreage, need specify, put number in there.140 acres, 10 farms, 

3.3  Employment – doesn’t say they have to come from Gadsden added statement for Gadsden County 

Gardner – we don’t want to hinder the Agreement.

Taylor – We need to show folks are working for this County. Put language in on Gadsden Residents need to be hiring, Chamber is out of agreement.

Gardner – Construction period there would be a lot of jobs.

Taylor -   I have no problem with Chamber staying in and also it Workforce Plus.

Weiss( Owner and Hensel Phelps agree to give a preference toward utilizing local companies and residents, minority opportunity preferences for vendors and contractors and employees where it is reasonable and financially practical to do so.) Clarification on what they anticipated

Gardner – Gadsden County becomes HUB.  Minimum 120 jobs fulltime committed jobs,  They have to 10 people fulltime employees for continuation of the Solar Farm.

Morgan – follow state statues, provide most possible jobs .

Weiss – Set minimum jobs, County asking for 10 or more and 6 from Gadsden County. 10 per site.

Taylor – let’s have wiggle room; Minimum of 6 per site, with cap of 10 being state statue per solar farm; Identify when fiscal year begins; 4:2  specific property Ag 3 and Ag4 where they should maintain their boundaries.

Matheny –limit to Ag3 and Silver Culture as more of potential site; look into Ag 2

Gardner – He also suggested Ag2

Taylor – 4.3 Not to exceed $10,000

Weiss – what the typical amount of fees should be & determine what is a good number. (I will get ruff estimate, Matheny, Clyde Building Official and myself)

Marion Lasley – If you rezone some of the properties, National Solar needs to pay; County Fees you need data; Reporting requirements, Inspections, Cash Grant- you need to make sure they pay enough so, the County do it’s business.

Chair Taylor  thanked her for her input.

4.5(Cash Grant) – set own numbers, how did they arrive at $30,000.

Croley – have staff research and get back with us.

Gardner – 10% of what they spend, not sure. Get realistic fees

Holt – can we get information from the one in Jacksonville.

Taylor – Let’s offer 10,000 (tighten language) proposed changes

4.6 – change to 5  years; County will commit to the process of enacting (take sentence out); reduce to 75% from 83%

10. Assignment – Not in agreement with being transferred, need to come before County

8. Struck entirety

9.  Release -  take another look at this section

15. Governing Law, Venue and Jurisdiction – strike Brevard County and add Gadsden County.

 

Chair Taylor thanked all for a day of dialogue, how long will it take feedback. Timeline asked for turnaround in about week.

Mr. Weiss

Morgan – have feedback from National Solar, suggested drastic changes email changes to Commissioners, then we can move expeditiously and give Administrator feedback to relate to Attorney.

Point of Order – Commissioner Croley let’s place on April 3, 2012 BCC Agenda – it would be done properly.

Chair Taylor – This meeting was properly advertised it could be voted on.

Mr. Weiss – can’t delete changes, so I must use strike through.

Chair Taylor – asked that they use the recorded record, bring back on April 3 BCC Agenda.

Meeting adjourned at 5:18pm