Board of County Commissioners

Gadsden County, Florida




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.



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).




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.


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                                          



AG-3, Public

FPSI, US 90, East Gadsden High School

East & North East

Rural Residential, AG-3



AG-3, RR

Timberland, Interstate 10



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 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).





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).




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).




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.




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.




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         '


National  Solar's  counsel  and  the County  Attorneys  resulted  in a compromise  of both parties'    concerns.      The   compromise   is reflected   in the   current   draft   Economic Development Agreement.




Attached is the third version of the Economic Development Agreement between National Solar, Hensel Phelps, and Gadsden County.  Most of the changes proposed by the BOCC at the March 20, 2012 Board workshop and April 3, 2012 Board meeting were accepted by National  Solar and are incorporated  into the draft.   Only the changes  proposed  by National  Solar  in  response  to  the  BOCC's  proposed  changes are shown  in legislative strikethrough  format.   In  addition  to  the indicated  proposed  changes,  notice  the notes below  sections  4.2 and  4.3 regarding  administrative  initiation  of Comprehensive  Plan amendments  and the appropriate  Fee Cap.  The BOCC will need to reach consensus on those sections.   Also notice the need to define the "average wage in the area" in section



Fiscal Impact: Unknown.


1.  Approve the attached version of the draft Economic Development  Agreement, with proposed changes, and transmit to National Solar for review.

2.   Propose changes to the attached draft Economic Development Agreement,  and

transmit to National Solar for review.

3.   Board Discretion.


County Attorney's Recommendation:


Option 1.




I.   DRAFT  Economic  Development   Agreement  between  National  Solar,  Hensel

Phelps, and Gadsden County.


Discussion by  the Board:


Chair Taylor said at the last meeting the issue was eminent domain.


Mr. Weiss stated National Solar does not have power for eminent domain. He referenced  3.2 on page 4.

Commissioner Holt had concerns with easements, can the Utility Company use eminent domain.


Mr. Weiss you would have to approve their site plan.


Commissioner Croley asked would they need super majority vote and he too expressed concerns about eminent domain.  He asked that the public understands.


Mr. Weiss said it would take regular majority vote.


Commissioner Holt expressed more teeth language on page 4.  She said concern is related to adjacent properties.


Chair Taylor said National Solar did not want to be restricted to Ag3 or Silviculture.


Commissioner Croley referenced page 6, 4.2. He asked what does that mean.


Mr. Weiss responded either the County administer Comp plan Amendment  change or the Land Owner.


Commissioner Croley stated if they would consent then that’s adding an additional $3,000 plus to the $10,000.


James Srigbler, CEO of National Solar answered question on eminent domain. He said it would not be a factor. He said they must contact them, they bear expenses. He said it is prohibited.  He said the language proposed was a good compromise.  He said the process of Land Change they are willing to bear expenses.  He said they would like to the ability to move forward.


Commissioner Holt referenced concerns with land restrictions.


Restricting us to Silviculture or Ag 3 is not a deal breaker. He said transmission lines that they typically see  the small lines or distribution lines they are after bigger lines, such as ones at substation.


Commissioner Croley thanked Mr. Srigbler, he said if it could document the changes that you would adhere would go along way with the public.  He said he would like to make this process proceed move as quick as possible.


Commissioner Morgan spoke of the positive comments he has heard.  He asked where are they in the project.


Mr. Strigbler said they have exercise Site Control, then start the process of evaluating. He said they have three they are looking at. He said they have made a lot of positive connections.  He said once agreement is in place they can start work. He said once they have initiated process 8-12 months timeline.   He noted they are excited about coming to Gadsden County.


Public Comment:


Ø  Marion Lasley, 5 Dante Crt. ,addressed concerns- outlined on sheet.

Ø  Brad Hartman, 155 Paradise Rd- National Solar, referenced 4.2 Comp Plan and eminent domain, which was already addressed.  Where would you need amendment, he asked guidelines.


Mr. Lawson stated they have a Land Use Code and if he would give a call he would provide information.


Commissioner Croley referenced 94-001 who did it deal with it.


Attorney Minnis said they have not addressed it yet, but she felt is was Lake Talquin Area.


Ø  Ed Allen, Lake Talquin – basically it is policies that have not been acted on. 


Chair Taylor asked for direction.


Motion for Option 2: Lamb/Croley to approve with proposed changes 5-0.


Mr. Weiss asked for clarification on changes. 4.2 was only change.


Commissioner Holt asked did they have $20,000.00.


Mr. Scribler responded it’s a  Tax Credit, we pay you.  “You never give us a dime.”


Chair Taylor asked could they exit agreement with protective language provided.


Commissioner Morgan if approved could we act at the next meeting.


Mr. Scribler stated they could move expediously.


Motion for Option 2: Lamb/Croley to approve with proposed changes 5-0.




14. WORKFORCE Plus Interlocal Agreement (Kimberly Moore,CEO,WORKFORCE

0 Plus)   


Statement of Issue:

This   agenda item   requests  Board   approval  of   the   WORKFORCE  plus  revised Interlocal/Consortium Agreement and the appointment of a designee.




In May 1996 meeting, the  Board  approved the establishment of a Jobs and  Education Regional   Board   (Big  Bend  Jobs  and   Education  Council)   that   would  serve   as  the Workforce  Development Board for the region  (Leon, Gadsden, and  Wakulla counties). An  Interlocal   Agreement,  also  approved  by  the  Board   at  its  May  1996  meeting, established a  multi-jurisdictional arrangement between Leon,  Gadsden, and  Wakulla County Board of County Commissioners. The Agreement describes the responsibilities of the Boards of County Commissioners.


In  2012,  the  Florida   Legislature  passed   the  Workforce  Board   Accountability   Act requiring that  each  County review  and  approve the local  workforce board budget as well as participate in the review and approval of the annual audit.



In  response  to  the   Workforce  Board   Accountability  Act  passed  during  the  2012 legislative session,  WORKFORCE plus has  revised  the  current  Interlocal Agreement along  with  the supporting documentation to address the  requirements of the Act. The Act, requiring review and approval of both the budget and audit of the local workforce board, goes into effect July 1, 2012. With the changes required, WORKFORCE plus is requesting the appointment of a designee to a Consortium of representatives from Gadsden, Leon and Wakulla counties, which make up Region 5. The designee selected must be a member of the current Gadsden County Commission body.




1.             Approve the Interlocal Agreement and Appoint a Designee  to the Consortium.

2.            Do not approve the Inter Local Agreement.

3.            Board Direction





Option: #l.


Kimberly Moore, CEO of Workforce Plus, she said now what you are reviewing is what now is law that was signed by the Governor.  She asked for them to identify that would make of the unit, Wakulla, Leon and Gadsden, Interlocal Agreement approval.


Commissioner Lamb offered motion for option 1: Lamb/Holt 5-0

Designee for Consortium Commissioner Holt: Lamb/ Croley 5-0



15.          Approval of Bid Award for Local Agency Program (LAP) Grant for Town of Havana Landscaping and Scenic Beautification Project (Charles Chapman, Public              Works  Director/Bruce Ballister, Senior Planner, Apalachee Regional Planning Council)  




Statement of Issue:


This item seeks Board approval to award the bid and execute all documents for the Local Agency Program (LAP) grant for the Town of Havana's initiative to beautify their municipality.




The  Town  of  Havana  embarked  on  an  initiative  to  apply  for  funds  to  design  and landscape State Road 63 (U.S. 27) and 12'11  Avenue North,  Havana,  Florida.   Gadsden

County is the only LAP certified agency in Gadsden County and as such is the executor of the grant agreement and all corresponding documents and bid awards.


The Florida  Department  of Transportation  (FDOT)  has funded  the Town  of Havana's request. Gadsden County is working in coordination with the Town of Havana.

The Board approved the contractual agreement for the LAP grant on October 18, 2011. The Town of Havana has bid the engineering and architectural design services per Davis Bacon procedures and required by the LAP grant agreement.


The  Town  of  Havana  has  reviewed  all  bids  received  and  recommended   the  bid  be awarded to the Tullo Planning group.   The Havana Town Council approved the recommendation to the Board of County Commissioners for consideration.




Local Agency Program (LAP) funds may only be awarded to certified LAP agencies. Gadsden County BOCC is an approved LAP agency.


FDOT  funded  the  LAP  project  under the  title of  Town  of  Havana  Landscaping  and Scenic Beautification  Project Gadsden County, Florida.   The funding for the design only grant is $11,396.00.


Due to the source of the funds being Federal the Clerk of the Courts Finance Department administers the financial reporting requirements of the LAP grant programs.  County staff in  partnership  with  the  Town  of  Havana  will  administer   the  actual  programmatic functions.


The Town of Havana has administered all necessary competitive bidding requirements to date and the Town Council has made their recommendation of Tullo Planning Group for this bid award.


Fiscal Impact:


The LAP grant award is for $11,396.00.   Gadsden County has entered into a Joint Participation Agreement with FDOT to release federal funds for the project. No Gadsden County funds will be expended.




Option 1:         Approve the Bid Award to Tullo Planning Group and authorize the

Chairperson to execute associated documents. Option 2:       Do not approve.

Option 3:         Board provide direction.


Interim County Administrators Recommendation:


Option 1:         Approve the Bid Award to Tullo Planning Group and authorize the

Chairperson to execute associated documents.


Attachment (s):


1.  Town of Havana Landscape and Scenic Beautification Project Bid Ranking and




Howard McKinnon, Town Manager, he thanked County for there willingness and asked for approval.


Motion: Lamb/Croley 5-0- Option 1


16.          Discussion of County Business License

                (Anthony Matheny, Planning and Community Development Director)  


Statement of Issue:


On February 7, 2012, the Board of County Commissioners (Board) approved Resolution#

2012-011 requesting a list  of businesses (i.e.,  number, names, types, and addresses) within the unincorporated areas of Gadsden County, Florida from the Florida Department of Revenue.   The contents of which, according to Florida State Statue, shall remain confidential and shall be kept under lock and key with limited access by those who have signed said attachment. By signing Resolution 2012-011, the Commission acknowledged that they were aware of State statue confidentiality requirements and penalties for their violation.  (Please see Resolution 2012-011 attached.)




The Board requested the list of businesses for purposes of analyzing the feasibility of implementing a business license tax or registration requirements on businesses within the unincorporated parts of the county.  The list shows that there are approximately 1,191 businesses in the unincorporated county that pay county taxes, and provides owner names and location addresses.



Section 22-51 of the Gadsden County Code of Ordinances presently requires an annual license tax of$150 for only the following county businesses:


Business License Required (Section 22-Sl):

Fortuneteller Clairvoyant Palmist

Astrologer Phrenologist Character Reader Spirit Medium

Absent Treatment Healer


Licenses are issued by the Clerk of the County Circuit Court.   (Please see Code of Ordinances, Chapter 22, Article II attached.)  However, there were no licenses issued by the Clerk for Gadsden County BOCC in the Year 2011.


Authority is given to counties to levy a business tax to engage and manage any business, profession, or occupation within its jurisdiction under Florida Statutes 205.032 (Please see 2011 Florida Statute 205.032 attached.)


However, it should be noted that the Counties of Jackson, Leon, Liberty and Wakulla do not levy the tax, although an occupational license is required by Wakulla and Leon Counties. (Example:    Wakulla Occupational License fee: $20 P&Z, $80 Building Department, $35 Tax Collection for a total of$135)


Fiscal Impact:

If each business was required to pay an annual $150 registrant or business license fee, the

county would collect approximately $178,650. Attachments:

1.  Gadsden County Code of Ordinances, Chapter 22, Article II, Subsection 22-51


2.  2011 Florida Statue 205.032


3.   Summary of House Billl063 proposing to eliminate the local Business Tax-  [Died in








Discussion by the Board:


Commissioner Holt referenced they don’t want to penalize if it’s there only job, but would like  to grandfather some of the older businesses in.


Commissioner Croley stated this is not an effort to deprive people of making a living, concern of businesses that are hazardous and not legal.  He said let them have some type of business license governed by the Clerk’s Office, to let us know what is going on in unincorporated areas.


Clerk Thomas referenced the oldness of the Ordinance, he asked that they consider if they revise to be placed in the County Office.


Chair Taylor concurred she agrees they need to know who is out there.


Mr. Lawson said he and County Attorney would look at Ordinance.


17.          Request Approval to Donate the Generator that was Removed from the W.A.

            Woodham Justice Center to the City of Gretna Clyde Collins, Building Official)  


Statement of Issue:


This agenda item seeks approval from the Board to donate the generator (Model Number 432RSL4009  -  Serial  Number  WA501385-0896)  that  was  removed  from  the  W.  A. Woodham Justice Center to the City of Gretna.




Several years ago Gadsden  County  Emergency  Management Division  equipped  Gretna City Hall with storm shutters to create a potential evaluation shelter/emergency  services distribution point.  To fully prepare the building for use during an emergency, the City of Gretna is in need of a generator.   Staff request that the Board declare the generator as surplus property in order for it to be donated to the City of Gretna.






Fiscal Impact:


The City of Gretna will pay for all cost associated  with transporting the generator from the storage point to Gretna and the subsequent installation.




I.   Approve donating the generator to the City of Gretna.


2.   Do not approve donating the generator to the City of Gretna.


Discussion by the Board:

Commissioner Holt said this is in her district, they would like option for Hurricane Shelter.


Motion for Approval – Option 1: Holt/Lamb


Commissioner Morgan asked has anyone had requested the generator.


Attorney Minnis nothing prohibits.


Commissioner Croley has the generator been appraised. He said you don’t know if others may need.


Mr. Lawson said capacity was not large enough.


Commissioner Morgan had no problem with donating, but make this opportunity to the other municipalities. No problem providing, might want further consideration.


Commissioner Lamb voiced if a disaster happens in one of the municipalities.  How would let other municipalities use it.


Mr. Lawson stated Mr. Jefferson informed him that there was a need.  They would need to operate City during the time of Emergency.  He said there is a process to fit the generator.


Commissioner Croley no problem with Gretna getting generator.  He felt no one knows it is surplus property. His suggestion is to find out who has greater need.


Motion for Approval – Option 1: Holt/Lamb 4-1 (Commissioner Morgan opposed.)



18.          Approval for the Chairperson to Delegate the Execution of the Memorandum of Agreement Between Florida Department of Children and Families and           Gadsden County to the County Administrator’s Office (Arthur Lawson,                 Interim County Administrator)  


Statement of Issue:


This agenda item seeks approval from the Board to delegate the execution of the Memorandum of Agreement (MOA) between Florida Department of Children and Families (DCF) and Gadsden County to the County Administrator's Office and the Chairperson to sign this document.





On March 29, 2012, the Governor signed into law H.B. 5301 requiring counties to pay back years of disputed Medicaid bills unless they can prove to an administrative judge that the bills were unwarranted.   One issue that has come to light from this is that Counties have no avenue of verifying Medicaid recipient addresses.   Florida Department of Children and Families  (DCF) has granted County Medicaid Billing staff   limited access to the Florida Online Recipient Integrated Data Access (FLORIDA) system to verify client  addresses for  Medicaid billing purposes. This  access to  the  FLORIDA system will give staff the tools they need to verify these addresses.  In order for staff to have this access in a timely manner, the attached MOA with Gadsden County and DCF needs approval from the Board to delegate the execution of the MOA to the County Administrator's Office.


Fiscal Impact:


There will be no fiscal impact.




1.  Approve to delegate the execution of the Memorandum of Agreement (MOA) to the County Administrator's Office and the Chairperson to sign.


2.   Do not approve to delegate the execution of the Memorandum of Agreement

(MOA) to the County Administrator's Office.


3.   Board Direction.


County Administrator's Recommendation:


Option 1: Approve to delegate the execution of the Memorandum of Agreement (MOA)

to the County Administrator's Office and the Chairperson to sign.



Motion for approval: Croley/Lamb  5-0 (Motion Carries)


Commissioner Holt questioned why do they still have to pay bill, if the intent is to live in Gadsden County.



19.          Approval of Summer Youth Employment Program Participants 

                (Arthur Lawson, Interim County Administrator)  


Statement of Issue:


This agenda item is presented to the Board to request approval of the summer youth employment program participants for the summer of2012.




At the April 17, 2012 Board meeting, the Board of County Commissioners approved to provide funding for a summer youth employment program for the summer of2012.  The program will run for a period of six weeks from June 18 through July 27,2012.


There will be 50 youth between the ages of 14 and 18 employed within City government. Any slots that are not filled will be placed at other sites identified by the County Human Resources Office. The youth will work 20 hours per week. Applications for the program were accepted from May 7 through May 18, 2012.  There were 235 applications received and 180 applications met the established criteria.




The Board requested that each municipality be designated a certain number of students. Each City/Town within the County will be allocated eight students with the exception of the City of Quincy, who will be allocated 10 students. Students meeting the eligibility requirements from each City/Town are as follows:   Chattahoochee - 16, Gretna- 21, Greensboro- 8, Havana- 19, Midway- 15, and Quincy- 101 for a total of 180.  Each City/Town selected their designated number of students and returned those names to the County Human Resource Office.  Attachment (1) is a list of the students selected for the program from each municipality.


Fiscal Impact:


The fiscal impact will be approximately $57,000.




I. Approve the list of youth for the 2012 Summer Youth Program.

2.   Do not approve the list of youth for the 2012 Summer Youth Program.

3.  Board Direction.




County Administrator's Recommendation:


Option 1:


Motion for approval: Lamb/Holt


Question – Holt we need to look at conduct


Motion for approval: Lamb/Holt 3-2 approved (Commissoner Morgan and Croley opposed.)



20.          Replacement Unit for Wrecked Ambulance (Tommy Baker, EMS Director)  


Statement of lssue:


EMS had an ambulance involved in a wreck on March 15, 2012 resulting in a total loss to the chassis and the box. This vehicle was slated for replacement in our on-going remount program. The purpose of this agenda item is to outline a plan and secure authorization for replacement of this vehicle.







Ambulance# 1 was involved in a traffic crash on March 15, 2012 resulting in a total loss to the vehicle and the box. This is one of the ten vehicles slated for replacement in our on-going   remount   program.   Cost  for   a  new   unit   to   replace   this   ambulance   is approximately  $125,000.00  under  the HGAC  purchasing  contract  with  Frazer  Bilt  in Houston, Texas compared to an approximate cost of $85,000.00  if we can find a suitable box to remount.


Liberty County  Board of County  Commissioners  has a spare ambulance  box that they have agreed to declare surplus and offer to us at a cost of$5,000.00.




The ambulance vendor, Frazer Bilt in Houston, Texas  has reviewed the information  on the box that is available from Liberty County and estimates  a value of $10-$12,000.00. Obtaining this box will allow us to remount it to a new chassis at a cost of approximately $85,000.00  resulting in an estimated savings  of $35,000.00  after paying Liberty County for this box.


Fiscal Impact:


Purchasing this box from Liberty County Board of County Commissioners and using it for a remount will result in an estimated net savings of $35,000.00. Funding for this purchase and remount to a new chassis will come from insurance proceeds and financing designated for ambulance purchases.




1.  Approve purchase of ambulance box from Liberty County and remount under HGAC contract utilizing insurance proceeds and financing designated for ambulance purchases.

2.  Do not approve.

3.  Board direction.



County Administrators Recommendation:


1.  Option 1





Offer letter from Liberty County Attorney on behalf of Liberty County Board of County



Motion for approval: Morgan/Croley

Commissioner Holt asked what happen.


Mr. Baker replied it was a wreck going to a call.



Motion for approval: Morgan/Croley 5-0

21.          Sublease for Florida State Hospital Property (Tommy Baker, EMS Director)


Statement of Issue:


EMS is seeking an alternate facility to house the ambulance that we station in the City of Chattahoochee.  Florida State Hospital has offered a house for use as an EMS station.




Currently our Chattahoochee Ambulance is housed in the Health Department building in Chattahoochee. Because of the remote location, we have experienced security issues at the site. Florida State Hospital has offered a vacant house they have on their grounds for use as an EMS station.




Moving our station to this location on the grounds of Florida State Hospital will increase security for our personnel, our equipment and personal vehicles. This area on the grounds is routinely patrolled by Florida State Hospital Security. This facility is also more suitable for an EMS station and will free up the space currently being used for other uses by the Health Department.


This lease agreement has been reviewed by the County Attorney and there were no changes recommended in the terms or content of the agreement.


We provide a significant number of patient transports from Florida State Hospital and this location will be mutually beneficial to both agencies.


Fiscal Impact:


Florida State Hospital has agreed to provide this facility at no charge to the County on a five year lease. The costs associated with the lease are a $300.00 annual administrative fee to the Board of Trustees of the Internal Improvement Fund of the State of Florida and fire, extended risk, and liability insurance for the premises. The Insurance Carrier for the County is currently reviewing the cost for Insurance on this facility. These costs will be offset by not being required to pay utilities, which we are currently paying in the Health Department facility.




I.   Approve  State  of  Florida  Sublease  Agreement  with  the  State  of  Florida, Department of Children and Families for property at Florida State Hospital to house an ambulance. Approve and authorize the Chairperson to sign the Disclosure statement for lead-based paint hazards.

2.  Do not approve.

3.  Board direction.


County Administrators  Recommendation:


1.  Option I




Sublease Agreement with the State of Florida, Department of Children and Families. (Three original signature copies required)


Motion for approval Morgan/Croley 5-0


21 a .    Approval of Bid Award   Motion for approval: Croley/Lamb 5-0


Clerk Thomas said this money is budgeted.


21b.    Approval of Commissioner Lamb’s Travel to the 2012    Motion for approval: Croley/Holt 5-0


21c.  Approval of a Resolution (Number 2012-019) and a Budget Amendment to Fund the  

        Summer Jobs Program from the Reserve for Contingency Account   Motion for approval: Lamb/ Holt 3-2 (Commissioner Morgan & Croley opposed) Motion passes.



County Administrator


22.          Update on Board Requests

                (Arthur Lawson, Interim County Administrator)


Interlocal Agreement on Emergency Management         


Attorney Minnis they have not received back for


County Attorney


23.          Update on Various Legal Issues

                (Deborah Minnis, County Attorney)


Discussion Items by Commissioners      



                Commissioner Lamb, District 1 –No concerns



                Commissioner Croley, District 2

Ø  CRTPA – May 24, nothing new to report.

Ø  Public Safety Coalition met on May 25. Jail locks funds were there and they would move to be repaired.


Commissioner Holt, District 4 – County Concerns   

Ø  Memorial Day Celebration

Ø  Generator thanked the Board for voting                                                                              


                Commissioner Morgan, Vice Chairman, District 3 – District 3 Concerns –No concerns.


                Commissioner Taylor, Chairperson, District 5 – No Items    

Ø  Thanked Commissioner Lamb for great dialogue with the Governor.

Ø  Chillers, who are we buying for.

Ø  Cutting of the Right-Away asked for schedule. Maintenance

Ø  Resolution for the Plant, old printing house asked with dialogue from businesses and residents, especially hospital.


Mr. Matheny was able to move right in to that building, no noticing requirements.


Chair Taylor asked for a notice of the resolution, act of courtesy.


Commissioner Morgan cautioned taking on that responsibility.  He understood the concern.


Attorney Minnis had concern with practices you want to do all the time, caution with setting of precedence.


Commissioner Lamb suggested Mr. Lawson and staff work together and bring back before the Board.


Commissioner Croley if they were changing zoning, they would notify, concurred with staff looking at it.

Ø  ACHA – the outcome of that meeting, what is it, that we need to arm ourselves with.


Mr. Lawson said they would do memorandum to Commissioners.


Commissioner Lamb commented the Governor’s Office said they would assist anyway they could.


Receipt and File


25.      For the Record:  Letter from the Florida Department of Health Regarding the Activities    and Expenditures Report for the Period October 1, 2011 through March 31, 2012



                For the Record:  Letter from the Florida Department of Economic Opportunity Qualified             Target Industry (QTI) Tax Refund Application

June Meeting(s)


                - June 19, 2012, Regular Meeting, (Canceled)


                - June 28, 2012, Budget Workshop, 4:00 p.m.


July Meeting(s)


                - July 3, 2012, Regular Meeting, 6:00 p.m.


                - July 17, 2012, Regular Meeting, 9:00 a.m.


                -July 26, 2012, Budget Workshop, 4:00 p.m.



Adjournment @ 8:54pm