GADSDEN COUNTY BOARD OF COUNTY
AGENDA & NOTES
Present: Commissioner Regina Davis, At - Large Member, Chair
Commissioner Dr. Gail Bridges – Bright (arrived late)
Commissioner John Youmans
Commissioner Gerald McSwain
Commissioner David Tranchand
Commissioner Frank Rowan
Commissioner William Chukes
Commissioner Edward J. Dixon
Commissioner Marion Lasley
Commissioner Roger Milton, School Board Representative
David Weiss, County Attorney
Jill Jeglie, Senior Planner
Beryl H. Wood, Deputy Clerk
Commissioner Mari VanLandingham
Commissioner Malcolm Carter
Allara Gutcher, Planning & Community Development Director
1. PLEDGE OF ALLEGIANCE
Chair Davis called the meeting to order at 3:00 p.m. with a quorum and led in the
Pledge of Allegiance to the U.S. flag.
Each member present stated his or her name, district for which they are appointed for the record.
3. DISCLOSURES AND DECLARATIONS OF CONFLICT – NONE
Amendment of Agenda: Dixon/Chukes – (addition)for Election of Vice – Chair to 7b. Vote 10-0 (approved)
4. PUBLIC HEARING (QUASI-JUDICAL) Comfort Creek and Cottages of Comfort Creek Easement Vacation (VAC-2015-01) (Legislative) – A corrective action requesting that Gadsden County vacate conservation and drainage easements n the Comfort Creek and Cottages of Comfort Creek Minor Subdivisions.
Ms. Jeglie of was sworn by the deputy clerk said that Penny Jane, LLC and Comfort Creek-Gadsden, LLC, the property owners, represented by Elva L. Peppers, Florida Environmental & Land Services, Inc., as agent; request approval of a petition to vacate conservation and drainage easements dedicated to Gadsden County pursuant to ‘Vacation of Rights-of-Way and Public Easement’, Subsection 7404, Gadsden County Land Development Code (LDC).
She said the Planning & Community Development Staff finds that the vacation request complies with the criteria of Subsection 7404, as follows:
1. The proposal is consistent with the Comprehensive Plan.
2. The public interest will not be compromised by the vacation.
3. The vacation will not prevent any property from having access to a public right- of- way.
4. The market value of abutting properties may not be substantially reduced without the consent of the owners of the affected properties, or unless provisions have been made to pay damages.
Marion Lasley had various questions for Ms. Jeglie, she and Mr. Tranchand also voiced the maps supplied were too small to read.
Dixon – what benefit would it be to the county; who is bringing it forward? The intention was never to turn over to homeowners. The access and property around is his concern.
Ms. Jeglie - County would not in occur the cost of any maintenance, other than that nothing else would change. It never came to the county to record, they’ve discovered since they have are finalized documents. She said this is a policy decision.
Tranchand – does this property generate taxes?
Jeglie – the easements not the tracts. Right now it is the property owners that are responsible for the taxes.
Elva Peppers, sworn discussed neither is a sub-division yet. They are trying to wrap up, they have half built sub-division. The Conservation and the Easements are to the benefit of the County and it should be changed. The County benefit is not to maintain conservation easement.
Bridges – Bright arrived at 6:19pm to the meeting.
Lasley said she no problem with the drainage being transferred to the HOA. Is it possible to put a statement to preserve conservation?
Jeglie Conservation Easement Areas read into the record.
Dixon Asked to show county easements on the map.
Jeglie - The easements goes over the tracts and lots.
Tranchand are their homes out there now.
Ms. Peppers stated the road is paved but, no homes and storm water is in place.
Youman Once this is approved through the HOA, what will stop them from 2-3 years stop them from seeking variance.
Peppers – It’s a conservation subdivision. They are locked in.
Jeglie – they can reference conservation easement.
Dixon – not comfortable in what they are saying, what’s being presented.
Attorney Weiss – Conservation Easements they are granted and they are tax exempt. I don’t think there is a real problem with keeping the easement, but the drainage the county doesn’t want to have maintenance
McSwain- had the applicant met all requirements?
Jeglie – by the time of approval by the County, they have to have the plat recorded.
Public Comment – none
Chukes – who would police easements?
Jeglie – said the HOA.
Dixon – If it has no impact, why do it.
Jeglie – the reason you are seeing this as a vacation.
Tranchand/Bright 10-0 vacation of drainage easement only - option 3.
5. PUBLIC HEARING (Quasi-Judicial) – Cross Academy Charter School Variance (VA -2015-02) – A public hearing to consider a variance request to Subsection5404.C.2 Tree Protection Areas for the Crossroads Academy.
Ms. Jeglie read comments into record.
McSwain – said the criteria has been met.
Tranchand – this makes more sense.
Motion: Dixon/Tranchand 10-0 for Option 1
6. PUBLIC HEARING (Quasi –Judicial) – Crossroad Academy Expansion Site Plan (SP-2015-02) (Quasi-Judicial) – A public hearing to consider a site plan for the phased expansion of the charter school.
Ms. Jeglie read comments into record.
Chair Davis asked where they able make suggested modifications.
Bright questioned the signage.
Mrs. Jeglie said they had not yet requested a variance.
Mrs. Lasley said they should not have to hear the dumpsters. Other concerns were lighting, traffic and signage.
Brad – loop is only for buses, not open to the public; will plant heavy through residents.
Dixon – why are you making the school jump through loops over trees.
Public comment – none
Motion Bright/Lasley 10-0 approved for option 1
7. PUBLIC HEARING (Legislative) – Transmittal of the Future Land Use Element (CPA-2015-01) – Recommended transmittal of the Final Draft of Goals.
Jill Jeglie read comments into record. This hearing is required to offer a recommendation to the BOCC for the transmittal of the revised Future Land Use Element (FLUE) to the Department of Economic Opportunity for review as a more concise, understandable and defensible document which will provide certainty regarding the allowable development within each land use category, and to the future growth of Gadsden County.
Lasley – was there no change to the mining language.
Public comment – Ed Allen, Lake Talquin having a problem with what I’m hiring Planning Director and lobbyist making decision on mining. Recommendation on Ear amendments (hand out that was not given to the clerk). Mining not mine out in Lake Talquin area.
Darrin Taylor, 215 S. Monroe St. Suite Sec. Tallahassee, FL 32302 – We support language that is before you and asked that it is moves forward.
Larry Ganus - 2174 Frank Smith Rd typos pg. 15 item b; map amendments weren’t on county website.
Chair Davis – look at this and make sure this is what they want mining.
Jeglie send they wouldn’t hold anything up if they chose to table.
Commissioner Tranchand voiced they need the minutes from last meeting or draft copy from now on.
Deputy Clerk said she would provide a draft copy and that they can also visit the Clerk’s website for audio and notes. She explained the Director has a policy in place for the minutes.
Motion: Table to discuss at the next meeting. Dixon/Tranchand 10-0
7 b. Vice – Chair (Election) - Bight/McSwain - nominated Dixon – 10-0 for Vice – Chair
Commissioner is new Vice – Chair taking the place of former Commissioner Edward Allen.
8. Public Comment - None at this section
9. Planning Commission Comments – None
10. Director’s Comment – None
11. Adjournment – 7:35pm