Board of
County Commissioners
Gadsden County, Florida
AGENDA & MEETING NOTES
Regular Public Meeting
June 5, 2012
6:00 p.m.
Present: Sherrie Taylor, District 5, Chair
Gene Morgan, District 3, Vice - Chair
Eugene Lamb, District 1
Doug Croley, District 2
Brenda Holt, District 4
Nicholas Thomas, Clerk of Courts
Debra Minnis, County Attorney
Arthur Lawson, Interim County Administrator
Beryl H. Wood, Deputy Clerk
Invocation, Pledge of Allegiance and Roll Call
Chair Taylor called the meeting to order at 6:00 p.m. then led in the invocation, pledge of allegiance to the U.S. flag. The roll was called by the deputy clerk and noted above for the record.
Amendments and Approval of Agenda Croley/Lamb 5-0
Pulled – Item 1
Added – 12a Airport
Authority (Reappointment) Clifford Hill
Added – 21 a Approval
of Bid Award
Added – 21b Approval
of Commissioner Lamb’s Travel to the 2012
Added -21c Item C
(pulled from consent added to the general business agenda.) Pulled by
Commissioner Croley.
Awards, Presentations and Appearances
1. Gadsden Express Update –
Pulled from Agenda
(Andrea Rosser, Mobility
Coordinator, Star Metro)
Clerk of Courts
2. Final Accounting of Hospital
Trust Draw (Nicholas Thomas, Clerk of the Courts)
Clerk Thomas referenced memorandum which discussed the Final Accounting
of the Hospital Trust Draw. He said on
February 8, 2010 a Final Summary Judgment was signed granting the Board of
County Commissioners of Gadsden County authority to draw up to $4,000,000.00 to
be used for furniture, equipment and related opening expenses of the Hospital.
He disclosed attached was an accounting of how the money drawn from the
corpus of the Hospital Trust was spent.
The amount was drawn from the Trust, $3,042,526.40 leaving a balance
from the Trust of $957,473.60.
3. Policy and Procedures (Nicholas
Thomas, Clerk of the Courts)
Clerk Thomas commented on his policy and procedures memorandum. He reminded the Board, it is the Board of
County Commissioners who approve policies and procedures at the recommendation
of the County Administrator. The Finance
Director often works with the Administrator on policy/procedures that impact
county finance.
He said several Commissioners have expressed concern of a lack of
policies in certain area. Therefore, the
Finance Director has compiled the attached list of policy/procedures areas that
might be deficient. He expressed the
Clerk’s staff stands ready to assist your staff as needed.
Commissioner Croley asked who be responsible for drafting policies.
Mr. Thomas said normally it’s the County Administrator and the Clerk’s
Office would assist.
Chair Taylor noted the Auditor’s would be a great resource and
4. Presentation of County Finance and County
Clerk Issues (Nicholas Thomas, Clerk
of
the Courts)
Memorandum, Finance Director,
Jail Expenditures
Clerk Thomas discussed money has been appropriated since 2007 and never
spent at the Jail Facility. He noted there was over $800,000.00 to present
date, $250,000 that’s budgeted.
Consent: Lamb/Holt 5-0
5. Approval of Minutes – April 3, 2012
– Regular Meeting
6. Ratification of Approval to Pay
County Bills
7. Escheatment of Tax Deeds (A)
(Nicholas Thomas, Clerk of the Courts)
8. Escheatment of Tax Deeds (B)
(Nicholas Thomas, Clerk of the Courts)
9. Update on Five Year Replacement Plan
for EMS Fleet
(Tommy Baker, EMS Director)
10. Approval of Internet
Service Agreements with Comcast and Mediacom
(Carolyn Poole, Library
Director)
11. Approval of a Resolution (Number
2012-019) and a Budget Amendment to Fund the Summer
Jobs Program from the Reserve for Contingency Account
(Arthur Lawson, Interim
County Administrator) (moved to General Business Agenda – Item 21 C)
Items Pulled for Discussion
Citizens Requesting to be Heard on Non-Agenda Items
(3 minute limit)
Ø Emily Rowan,1200
Little Sycamore Rd, Quincy, FL spoke on
Gadsden County Libraries. Chairperson of Library Authority sounding person for
Dr. Poole acknowledged her. She asked
for that libraries be placed on the top 10 budget process. She stated the
Citizens need this.
Chair Taylor asked would Non – Profits be able to
present their request to the Board and also Budget Hearings.
Mr. Lawson said they would allow for Non- Profits during the budget
workshops.
Ø Ed Allen, Lake
Talquin, spoke regarding Ordinance # 94-001. This has never been added to the Comp Plan
and it is current law. He said this is a time-sensitive agreement. He said it
needs to be worked into the current plan and asked the Board to instruct the
Consultants to do so.
Mr. Lawson said he has turned Ordinance over to
Attorney and she would advise.
Ø Joyce McDaniel,
1200 Newman Grossing Blvd, East Newman, GA 30265, spoke regarding Board to reconsider a comp plan amendment for the
advanced septic system requirements on Reynolds Rd.
Chair Taylor advised that she should meet with the
Administrator and bring back if there is not resolution.
Mr. Lawson said what she is referring is in the
Stipulated Settlement Agreement and at this point it needs to be placed on the
agenda.
Chair Taylor asked that it be agenda as early as
possible.
Public Hearings
12. Public
Hearing - Florida Public Safety Institute (PSFI) Large Scale Future Land Use
Map (FLUM) Amendment (CPA-2012-01) (Anthony Matheny,
Planning and Community Development Director)
Mr. Matheny
introduced item to the Board.
STATEMEN OF ISSUE:
Tallahassee Community College,
Board of Trustees (TCC), represented by Robert
George and Joseph Miller,
George and Associates Consulting
Engineers requested a
large scale Comprehensive Plan
Future Land Use Map (FLUM) amendment to change the land use
category on parcels totaling 874± acres from Agricultural 3 (AG-3) to Public
(Attachment #1 & 2). The proposed amendment
is located adjacent to and will be a
component of the Florida Public Safety Institute (FPSI), formerly
the Pat Thomas Law
Enforcement
Academy. This amendment is to allow the expansion of
the FPSI.
At their Aprill2, 2012 public hearing, the Planning Commission recommended approval of this application to the Board of County Commissioners (Board) with a condition
that amendments to the master plan be approved
by the County. The Board is requested to review this application and
vote whether or not to transmit this FLUM amendment to the
Florida Department of Economic Opportunity (DEO), Division of Community Planning (DCP).
BACKGROUND:
The subject
two (2) parcels
are located on the south side of U.S. 90 (Blue Star Highway),
approximately 3.5± miles east of Quincy and 3.3± miles west of Midway. Approximately 874± of the 884± acres are designated as AG-3 on the FLUM. Parcel 3-26-2N-3W-0000-00400-0000
is approximately 825± acres; Parcel
3-25-2N-3W-0000-00130-0000 is 59± acres. Approximately 10± acres of the smaller
59± acre parcel are
already designated as Public on the FLUM. The parcels are located in Township 2N, Range
3W, Sections 25 and 26 (Attachment #1).
The subject parcels
were purchased from the St. Joe Timberland
Co.
in
2002
and
2003
by TCC for the purpose of an expansion of the existing
FPSI campus.
The FPSI campus, formerly
known as Pat Thomas Law Enforcement Academy, has for the most part been subject to "Comprehensive Master Plan" approved by the Board in
2000, and subsequently amended.
The
FLUM amendment introduces the concept of 25- year Master Plan Facilities to be reviewed
in the future.
Over the years
the Board has approved amendments to the original
master facilities plan to include
the addition of participant housing
(2003) and a convention center (2009).
In
2011, the FPSI began construction of an internal
roadway providing a third access to US
90 along the western
boundary of property
acquired in 2007 from Waldorf
Enterprises. Florida Department
of Corrections a Re-Entry Facility
is currently under construction.
The FPSI acts as a regional training facility
that
combines
classroom
and
hands-on training for law enforcement, life safety, and numerous statewide
agencies. The proposed
Public future land use is requested to align the land use with the FPSI mission
to "prepare people to protect and
serve' by allowing the expansion of the existing campus
and to provide expanded training
opportunities. The FPSI is described in the narrative as being comprised of three (3) zones: an "Academic Zone", a 'High Liability Training Zone'; and a 'Public Safety Enterprise Zone'
as described in the application narrative (See Application, Narrative, pp. 1-4).
The
majority of proposed
development is for the 825± parcel
(Parcel
A) located to the south of the
existing
campus. Proposed conditions include, but are
not
limited
to
(See
Application
Narrative,
Figure 6 - Proposed
Conditions):
• A Solar Farms Training
Facility;
• An Administrative Building Annexes;
• An Aquatic
Training Facility;
• A State Park Service /Fish & Wildlife Training
Facility;
• A Mock Village;
• A High Speed Track; and,
• An Advance
Firing Range Training
Facility. The 59± acre (Parcel
B) has been developed for PSFI lodging.
ANALYSIS:
Land Use:
Policy l.l.S(K) of the Future Land Use Element
(FLUE) describes the Public future
land use as "Educational lands, (schools, colleges), public buildings facilities, grounds, etc., (local, state, and federal) are included in this category...")
The proposed 25- year master plan uses would be consistent with this designation provided any other mitigating impacts
are addressed.
The approximately 875± acres is currently designated as AG-3 on the Future Land Use Map. The amendment parcels are bounded
by the following Future Land Use Categories
and uses (Attachment #3):
Direction Future Land Use Category Existing Land Use
|
North |
AG-3, Public |
FPSI,
US 90, East
Gadsden High School |
|
East & North East |
Rural Residential, AG-3 |
Timberland |
|
South |
AG-3, RR |
Timberland, Interstate
10 |
|
West |
AG-3 |
Timberland, Little River |
The 825± acre parcel (3-26-2N-3W-0000-00400-0000) (Parcel A) is designated as timberland by the Property
Appraiser. This parcel is located south of the existing
FPSI campus and a parcel designated as Rural
Residential
(Suber)
on
the
FLUM and designated as timberland by the Property Appraiser. It is bounded on the south
by Interstate I 0 and Little River on the west.
Properties located
to west, east, and northeast are designated as timberland on the Gadsden County Property Appraisers records (Attachment #3).
The smaller parcel
(#3-25-2N-3W-0000-00130-0000) (Parcel B) totals approximately
59± acres and was purchased by TCC in 2002. Parcel
B is connected to the FPSI by
Public Safety Boulevard, an internal roadway
crossing through protected
wetlands. The on-site development was approved for FPSI
lodging by the Board in September of 2003
and includes 81,937 square feet of buildings, 88,029 square feet of sidewalks and stormwater facilities. Of the total 59 acres, approximately I 0 acres of the site is already designated Public land use. TCC wishes to change
the AG-3 designation on the remaining acreage (49± acres)
also to the Public future
land use category.
Compatibility:
Compatibility is defined by the Gadsden
County Land Development Code (LDC) " as the ability to locate
a new land use or development
adjacent to existing land uses without
inflicting negative impacts
from the new development on the surrounding properties" (Subsection
5002.B Compatibility, LDC). The
issue of compatibility and the assessment and resolution of off-site
impacts, and if present, how to mitigate
them, will be addressed
in the 25-year Master Plan and development process.
Of concern are the potential
noise and environmental impacts of the Aquatic
Training Facility, High Speed Track, Mock Village and Advanced Firing Range Training
Facility to be located
on Parcel A. That being said Parcel A is 825± acres, providing opportunity for physical separation and buffering of the proposed
uses from adjacent properties.
In
addition, Parcel A is bounded
by acreage properties primarily assessed as Timberland.
Geographical separations include
the Little River (to the west), Interstate I 0 (to the south), the FPSI and US 90 to the north.
All are located in the Agricultural 3 (I :20) future land use with the exception
of the Suber parcel, located
to the north east of Parcel
A, which is designated as Rural
Residential (RR). This property is also assessed as Timberland (See Application).
Environmental:
The
Public future land use requires
that a minimum of 50% of the surface areas remain impervious (Policy LL5(K)). Approximately 56% of the 825 acre site and 59% ofthe 49 acres will be required
to be left undisturbed (Attachment #4, Figure 4). Pursuant to Conservation Element
Policy 5.2.9,
"New developments shall be
required, consistent with local, state and federal permitting requirements, to maintain the natural
junctions of environmentally sensitive areas,
including but not limited, to wetlands and 100 year floodplains so that the long term environmental integrity
and economic and recreational
value of these lands is maintained
"
Natural buffers
(setbacks) are required
not only for wetlands, but for all environmentally sensitive lands. New development shall be required
to maintain a 50 foot
minimum natural buffer adjacent to all
perennial rivers, streams,
creeks and lakes, wetlands, and steepheads (Policy
5.2.11). A 100' setback
is required for septic systems.
As individual
developments
occur,
they
will
be
reviewed
for
compliance
with
these policies. Of specific concern are the
proposal
for
a
34±
acre
reservoir
for
an Aquatic/Marine Facility and whether such a facility complies with the County's
Conservation Element.
Utility Impact:
Electric and water utilities are provided to the amendment parcels by Talquin
Electrical Cooperative, Inc. (Talquin). Talquin has confirmed that there is adequate
capacity to support the land
use change (See Application, Appendix
C). Any additional capacity requirements would be required
to be provided by the developer.
Transportation Impact:
The
Traffic Impact Study (TIS) for the PSFI provided the following
conclusions: actual net trip assessment for the proposed
multi-phase campus expansion is 3,574 daily trips,
579
a.m. peak hour and 521 p.m. peak hour trips (Attachment #4, Appendix F).
The Roadway
Level
of
Service
Analysis
indicates
"capacity
exists
on
SR
10
(US90)
to maintain
level
of
service
standards per
the
local
comprehensive plan
criteria"
(Attachment #4, Appendix
F, p. 17).
The
proposed PLUM and subsequent development will be reviewed
and will comply with the adopted Levels
of Service (LOS)
(Objective L3, Policies 1.3.1, L3.2,
and 2.2.4). The County
has adopted a
Level of Service
(LOS) 'C' for
Arterial Roads
such as US 90 (Policy 2.3.1,
Traffic Circulation Element). The current Level of Service
(LOS) on US
90 is B. While
the number of trips is significant, (5% of the Maximum Service
Volume),
the LOS will remain at LOS B.
Two existing (Academy
Drive and Public Safety Boulevard) and one new driveway
connections on US 90 (Blue Star Highway) will provide
access
to
the
amendment parcels. However, an extension of the westbound
left turn lane off of US 90 at Academy Drive will be required
and has been recommended consistent with the recommendations
provided with the Department of Corrections Pat Thomas Re-entry
Center Traffic Study (May 2010) (Policy 2.2.4 Traffic Circulation Element) (See Application, Appendix
F, p.17).
Public School Impact:
The applicant has indicated that the proposed amendment
will have "insignificant impact' on the school facilities as the
proposed development will be non-residential (Policy
10.6.8) (See Application, Narrative, p. 23).
Historical Properties Impact:
Consistent with Objective 1.6 of the Comprehensive Plan, the applicant has conducted a Cultural Resources Assessment of the Florida
Public Safety Institute Tracts for Gadsden County. The
consultants found that the subject
project will have no effect
on any historic properties listed, or eligible for listing, in the National
Register of Historic
Places, or otherwise of historical or archaeological
value. The Florida Division of Historical
Resources has been contacted by the consultant for concurrence (See Application, Appendix C & G).
Fiscal Impact:
The fiscal impact of the future
development cannot be assessed
at this time. As
government owned property (TCC, State of Florida) the taxable value is currently assessed at $0 annually. It is anticipated that the expansion will increase Gadsden County's employment base as well as economically
benefit Gadsden County incrementally through
increased gasoline tax and sales tax revenue
attributable to those attending and working for the FPSI.
Public Input (Citizen's Bill of Rights):
The proposed amendment was advertised in accordance
with Subsection 750l.B Hearing
Notice Requirements, Legislative actions
affecting the Future Land Use Map. As
required the public notice was published in all newspapers of general circulation in Gadsden County
in addition
to mailing notices to property owners within 0.50 of a mile
from the amendment parcels.
In accordance with the provisions of Section 7001.1,
the Citizens Growth
Management & Planning Bill of Rights,
a Citizen's Planning Meeting was advertised and held on February 23, 2012 to discuss the FLUM amendment
with area residents.
Only
two members of the public attended
and no issues were raised (See Application, Appendix D).
Findings:
Upon review of the proposed Future
Land Use Map amendment the following findings
as indicated in the application, analysis and Comprehensive Plan Policies above are presented:
1. The land use amendment is internally consistent with the Gadsden County Comprehensive Plan and specifically with the Future Land Use Map, The Future
Land Use Element Objective 1.1, Policies 1.1.5(K)
Public. 2. Available supporting documentation indicates
that the proposed land use amendment is compatible with and will not adversely affect area properties, or properties in the County as a whole; All development will be assessed
for compliance with the Gadsden
County
Comprehensive Plan
and
Land Development Code prior to approval of a Development Order;
3. The amendment will not significantly decrease the amount of
land in the Agricultural 3 (AG-3)
future land use category
and will more closely reflect the
existing Public land use of the FPSI (Policy 1.1.2);
4. With the proposed
tum lane improvements, the amendment will not negatively impact or increase the demand for infrastructure including schools,
transportation, water and sewer (Objective 4.1, Infrastructure
Element, Policy 2.2.4 Traffic
Circulation Element, Policy
10.1.1 Public Schools
Facility Element);
5. The
proposed development will connect to existing water and sanitary
service
located within Y. mile of an existing central
sanitary sewer system
must connect to such system
within 24 months
providing there is sufficient permitted
capacity (Policies 4.3.1 and 4.5.3)
6. Daily
Peale
Hour Trips are not
anticipated to decrease
the current Level of Service
(Policy 2.3.1, Traffic
Circulation Element).
7.
There are no historically significant features on the property (Objective 1.6, FLUE).
8. The proposed amendment complies with the general criteria applied
when considering land use amendments as described by specific compliance with the above
mentioned Comprehensive Plan objectives and policies.
9. The proposed
land use amendment will promote the public health,
safety, welfare, economic order, aesthetics and quality of life in the community
and region by providing for uses permitted
in the Comprehensive Plan and by providing
economic opportunities to the residents of Gadsden County.
Code
required standards:
A change in land use category designation on the PLUM is to be reviewed
under the
Type IV Procedures per Subsection 7403 and 7204 of the LDC.
BOCC
Requested Action:
The Planning Commission and Board of County Commissioners shall malice findings as to whether
the applicant has demonstrated the proposed development is consistent with the
Gadsden County Comprehensive Plan
and Land Development Code (LDC).
Amendments must be justified
by adequate data and analysis prepared prior to the transmittal stage (Subsection 7403).
Options:
1. Approve the transmittal to the Florida Department of Economic Opportunity of the 'draft' Ordinance for the Florida Public Safety Institute Future Land Use Map
Amendment (CPA-2012-01) to amend
the adopted Future Land Use Map by changing the land use category on two (2) parcels (Parcel
#'s 3-26-2N-3W-0000-
00400-0000
and 3-25-2N-3W-0000-00130-0000)
totaling 874± acres
from Agricultural 3 (AG-3) to the Public Future Land Use Category based
on the above listed findings
and a determination of consistency with the Comprehensive Plan. A 'Master Plan'
will be required for development of the FPSI, as proposed.
2. Deny the transmittal
to the Florida Department of Economic Opportunity of the
'draft' Ordinance for the Florida Public
Safety Institute Future Land Use Map Amendment (CPA-2012-01) to amend
the
adopted
Future
Land
Use
Map
by changing
the land use category on two
(2) parcels totaling 874± acres from Agricultural 3 (AG-3) to the
Public
Future
Land
Use
Category
and
identify specific policies and reasons/findings why the amendment
should not be approved and is inconsistent with the Comprehensive Plan.
3. Discretion of the Board.
Recommendation:
Option #1
Chair Taylor announced the Public Hearing.
Board
Discussion:
Commissioner Holt asked about
the safety regarding the high school.
Mr. Miller said it would not
affect the high school, he said what they are proposing is quite a
distance from the school.
Commissioner Holt also inquired
about the amount of noise.
Mr. Miller said if it noise, it
would probably come from the Gun Range.
Commissioner Lamb said they have
done an excellent job.
Commissioner Morgan excited
about the growth.
Chair Taylor asked what is in it
for Gadsden County and how it impacts are taxes.
Public Comment:
Ø Joe Miller, George
and Associates Engineering, representing
Florida Public Safety Institute & TCC, Large Scale Amendment addressed the
Board.
Ø EE. Eunice, Tentative plan is to employ 200 Correction Officer and once they
graduate would be ready to employ with a starting salary $30,000.00. Tentative
Re-Entry Program would be 600 inmates and they are on the last end of their
sentence. No plans to increase Firing Range, no plans to have high speed
boats. He added they would
Ø Marion Lasley, 5
Dante Crt, Quincy addressed the
Board. She referenced not being in ½ mile notice range, not receiving notice of
Land Use Amendment for the Florida Public Safety Institute. She said her major
concern is the noise issue. She asked how will control noise issue and how will
they insure the property value is not affected.
Chair
Taylor asked that they talked with the Engineers about buffering and keeping
the noise level down.
Commissioner
Holt asked what was the closest residence to the Property. She was concerned
noise and safety.
Mr.
Miller said it would be the Suber Property and Lanier Rd. He said the Firing Range standards would not
change.
Commissioner
Croley said he could hear the firing from his house, but they do a good job
with the noise. He said it’s not a major problem. He said it is valuable asset to the County.
Motion for Approval: Lamb/ Croley 5-0
General Business
12 a.) Gadsden Airport Authority
Ø Clifford Hill, 40
Sweet St. Havana, FL, Vice – Chair of
Airport Authority, spoke of reappointment for duty this year. Max Clark &
Clifford Hill. He said they are making dynamic plans and asked the public to
come out and see what goes on.
Commissioner Lamb
said he recommended Mr. Hill and it gave motion for reappointment.
Motion for reappointment for County position for
Airport Authority 3 years: Lamb/Croley 5-0
13. Discussion
of National Solar Economic Development Agreement
(Deborah
Minnis, County Attorney/David Weiss, Assistant County Attorney)
David Weiss addressed the Board concerning National Solar Economic
Development Agreement. National Solar originally proposed the agreement. He
said they have work shopped, where the Board made changes to the agreement. He
noted the majority of the changes and some they have proposed where some where in a middle ground.
Statement of lssue:
Review of the most recent proposed
draft of the Economic
Development Agreement between
National Solar Power Partners, LLC, Hensel Phelps
Construction Company, and Gadsden County for the development of utility-scale solar farms in Gadsden County.
Background:
National Solar
and Hensel Phelps are involved
in the development of utility-scale solar farms; and are interested in locating up to twenty such solar farms in Gadsden County. The construction and operation
of the solar farms will create valuable economic activity in Gadsden County in the form of employment opportunities for residents,
improvements to real property,
increased business operations
and other economic and related
benefits. As such, National
Solar has requested
certain financial incentives in order to locate the solar farms in Gadsden
County. The
County has the power and authority, pursuant
to Florida Statutes Sections
125.045 and 196.1995, and pursuant to that certain
Gadsden County Ordinance No. 2012-003 enacted
on March 6, 2012, to expend public funds to attract and retain business
enterprises, and to use such public
funds toward the achievement of such economic
development goals by providing
financial incentives,
including, without limitation, the granting of ad valorem
tax exemptions and the making of grants to private enterprises for the attraction of new businesses in Gadsden County.
National Solar proposed
an original draft of the Economic Development Agreement in November or December
of
201 L At a Board workshop on March 20, 2012 and subsequent Board meeting on April 3, 2012, the Board decided to request certain modifications to the Economic
Development Agreement. The proposed
modifications were submitted to National Solar's counsel for review. National Solar agreed to the majority of the modifications, but was concerned
with a few of the proposed changes. Such concerns were brought
to the Board's attention at the May 15, 2012 Board meeting. The Board expressed its concerns with National Solar's proposed changes to the County
Attorneys, who relayed the same to National
Solar's counsel
Negotiations between
d '
