Gadsden County Board of County Commissioners

Planning Commission Meeting Minutes

Thursday, March 15, 2018

6:00 p.m.

Present:               Commissioner Edward J. Dixon, Chair

                                Commissioner Libby Henderson, Vice-Chair

                                Commissioner Regina Davis, At-Large Member - Absent

                                Commissioner Gail Bridge-Bright

                                Commissioner John Youman

                                Commissioner Marion Lasley

                                Commissioner Doug Nunamaker

                                Commissioner Lori Bouie - Absent

                                Commissioner William Chukes

                                Commissioner Antwon McNeil - Absent

                                Commissioner Gerald McSwain - Absent

                                Commissioner Audrey Lewis, School Board Representative - Absent

                                Jill Jeglie, Senior Planner

                                Clyde Collins, Planning Director

                                David Weiss, County Attorney

                                Marcella Blocker, Deputy Clerk

1. PLEDGE OF ALLEGIANCE   Commissioner Dixon called the meeting to Order and asked everyone to stand for a moment of silence and then led in the Pledge of Allegiance to the U. S. Flag. Commissioner Dixon reminded the Commissioners if anyone had had any ex parte communications with anyone, phone calls, meetings they should disclose them at this time.
2.	ROLL CALL   Each member present stated their name and the district they represented.
3.	Approval of the Agenda  Commissioner Dixon stated there was a quorum present and asked for approval of the Agenda. UPON MOTION BY COMMISSIONER DAVIS AND SECOND MADE BY COMMISSIONER LASLEY, THE BOARD 7-0 BY VOICE VOTE TO APPROVE THE AGENDA AS PRESENTED.
PUBLIC HEARINGS
4.	Perkins Ridge Small Scale Plan Amendment (Legislative) (SSPA-2018-01) Consideration of a small scale amendment to the Comprehensive Plan Future Land Use Map to change the future land use category from Agriculture 2 to Commercial for 6.7± acre parcel located on CR 159 (Scotland Road) and described by Tax Parcel ID #3-03-2N-2W-0000-00434-0100  Ms. Jeglie introduced the above item. Small scale comprehensive plan future land use map amendment to change future land use category from Ag 2 to Commercial on 6.7 acre parcel.   She said it across from industrial subdivision and located on Scotland Road.  Contiguous properties are designated heavy commercial, commercial and Ag 2    Nearest residences are set back approx. 650’ Southwest, 1037’ South and 875’ east and across the CSX lines from Perkins property-no wetlands located on property and access to Scotland Road, minor collector roadway.   Public hearing notice mailed at least 30 days prior, advertised and sign posted. Citizens’ Bill of Rights held meeting on January 25, 2018.  No-one attended.   Planning staff recommended option 1. Nunamaker disclosed he received remuneration from Mrs. Perkins-did survey and said he probably would abstain. Elva Peppers, Florida Environmental and Land Services, Inc., 221 Delta Ct, Tallahassee, FL 32303 appeared before the Board.  Lasley asked if any sewer located nearby-Jill said sewer located within ¼-½ mile. Weiss spoke on the potential conflict abstention issue of disclosure-asked Nunamaker if only paid to do the survey and did he expect to receive other compensation-no-Weiss said did not think presents legal conflict ad was OK. Youmans option 1/Bridges-Bright second  7-0
5.	Hoover Treated Wood Products, Inc. Conceptual/Preliminary Site Plan (Quasi-Judicial) (MSP-2018) Consideration of a conceptual/preliminary site plan for a wood treatment plant to be located on sixty-five (65) acres to be split from Tax Parcel ID #2-15-3N-2W-0000-00441-0700 and accessing Potter Woodberry Road  Deputy Clerk swore Jill in. She said next item was a quasi-judicial hearing Applicant represented by Anthony Holley, P.E.  Located on 65 acre tract previously owned by Coastal Forest Resources Company.  The development site is located on the north side of Potter Woodberry Road (CR 159A) approximately 1,000 feet west of Coastal Lumber and .36 of a mile southwest  of the intersection of Potter Woodberry Road with Fla-Ga Highway (US 27). Stormwater facility, erosion and sediment control and calculations will be reviewed prior to issuance of a development order for compliance with the County Stormwater Policies and Procedures Manual. Lot split approved  and no development orders or building permit may be issued until lot split recorded and development order issued This is a quasi-judicial action in conjunction with the advertised public hearing per Subsections 1303 through 1305 of the LDC.  The presided body shall make decisions based on findings of fact that are available to all parties involved and shall specifically state the reasons for denial of an application or request.  The site plan may be denied when the proposed development does not comply with all applicable standards of the LDC.  Dixon asked if any commissioners had had any ex parte communications to disclose or any conflicts. Libby said she had a call from someone that lived on Potter-Woodberry Road, did not discuss project  and she told them as a commission would carefully consider what was before them Bridges-Bright said she was contacted last month and told them the same Youman said he was contacted Nunamaker said he was also Lasley has had contact with Mike Dorian trying to give her his opinion about the project.  Jill stated there was a letter from him Nancy Linnan, 215 S. Monroe St., Suite 500, Tallahassee, FL  32301 appeared before the Board.  She said Jill gave the report and biggest questions were do they meet the conditions of code and comp plan.  Staff said meet requirements with conditions, agreed to conditions Had a meeting with neighbors and had very candid discussion (12 people), had second meeting last Thursday at Havana City Hall (25 people)  As a result of the meetings, engineer talked with Tall Timbers’ engineers Neil Flockenstein, 13093 Henry Beadel Drive, Tall Timbers was sworn by the Deputy Clerk and appeared before the Board.  Settlement agreement has been reached-Hoover agreed to adopt Stormwater design recommendations  Youman asked  once product treated is it stacked on naked ground or on something-deferred to Hoover to answer Lasley said they had not had time to review hand-outs they just received. Tim Borris, 154 Wire Road, Thomson, GA  30824 appeared before the Board-representative of company-have 9 facilities and all do both preservatives and fire retardants.  This plant will only do fire retardants  He said this plant will not use any preservatives but they were completely different from previous plant that was here and has contaminated property  He explained the process of treating the wood   When pulled from cylinder will go on impervious concrete  All chemicals used are non-hazardous chemicals and not on list.  If leak or drippage, collection pans to put back into their system.   Strongest chemical used is phosphorus acid-if drink cokes, drink it.  Feel no issue with noise.  Will hire 15 local jobs paying average $40,000 and committed to hire local.  Days and time of operation have been concern-plan to work days only but may run into exception where have to run at night or week-ends.  Will be no trucks stored or service on their site.  Questioned as to why picked Gadsden County-Florida very large use of fire retardant – have facility in Ga and looked at increasing that but would rather be closer to market.  Land is zoned heavy industrial.  Availability of rail and water very important and have had help from State and City of Havana.  Proud to say now a land-owner and had to buy property before going forward.  Nunamaker asked Ga facility-do they do preservatives-yes  Lasley asked questions-jobs-told 10-15 and asked what could expect- plans are 15 initially and 30 total  Sewer not mentioned in packet-will have to put in septic tank- Lasley said they would have to meet standards Lasley said various silt fencing on one side of road and not other-ask Tony Is there any sort of oversight by DEP-yes Are log trucks going to come in from Potter-Woodberry and is that only entrance to site-yes Do you have building plans for building –yes-is that part of preliminary site plan-no  Youman asked about chemical-can only use so long-is there a byproduct got to get rid of-no  Nunamaker had questions Nunamaker stepped out Kathy Moore, 271 Potter Woodberry Road, Havana lives on Potter Woodberry Road-fire retardant-may be safe now-what happens down road-Boris said no plans to ever put in Nunamaker returned Jim Nalls, 984 Potter Woodberry Road when said no plans added words “at this time” Why not put in writing that they will not do that-Mr. Boris said basically did, they would have to go through this entire process over again and have no intentions of doing that.  Would like to have options but plant not built Anthony Holley, 547 N. Monroe Street, Suite 201, Tallahassee, FL appeared before the Board.  Picked cleared area to minimize any to be as little as possible.  One thing that came into play was Stormwater-originally proposed Stormwater pond –agreed to increase Stormwater pond on back and move to east side of boundary to prevent going onto neighbors’ property Wetland boundaries-will have biologist go to property and then put buffer in. Nunamaker asked if also flood zone-yes Environmental concerns-had Teracon conduct endangered and threatened ?- if any found-will halt until addressed-Traffic-average of 6 trucks per day-15 trucks Light-will use directional lighting and have trees and buffers Septic Tanks-will have one located behind building strictly for bathrooms and office building-required-standard Silt fencing on north side-has since been changed-now changing will put fencing on other side Every Stormwater pond has to have EDS permit and way for State to monitor meeting requirements Lasley asked if something they come to address and check every year-up to their inspection schedule Dixon asked big points between them and Tall Timbers- Some run-off factors used-gravel was less conservative that they wanted to use Freeboard- Lasley asked gray area around building-is that where gravel is-gravel and then buildings-is there any sort of septic tank system from run-off from inside of buildings such as spill inside-no-foundation poured as large tank-if spill will have to be pumped out Stormwater in back just rainwater-yes Elevation on property shows highest spot in area for most part-yes One diagram showed hay bales-only used during construction-standard for sediment control One location on site will be concrete for handicap as required by code Antonio Jefferson, GCDC appeared before the Board.  Work with new businesses coming to the area to help through process-directed them to all incentives given by County, state, etc. When GCDC had interaction with this project was “Project Azalea”-helped them prepare application to DEO  Do economic analysis other role-worked with Town of Havana  Lasley said had no problem with interest in business-does have problem with things being decided and put forth before citizens had chance to give input  other was heavy industrial site now surrounded by rural residential and sorry has been allowed to happen and need to make sure no off-site impact.  Felt public notice really important and they need to attend commission meetings.  Antonio said they recognize there are opportunities to improve process Bryan Baxley, PO Box 975, Havana, FL  - $40,000 annual salary-are there any implications if requirements not met Antonio answered-performance based contract-have to create before receive refunds-if not done-don’t receive-no fines-no  Company making $3.3 Million investment is positive economic benefit to county Nunamaker said not clear on tax incentive-is it on property tax or some other-County gets paid ad valorem tax after built and they will get portion back-is that one time or annual-across 5 years Baxley if possible from County tax-only pay taxes on 25 acres and not-imagine base assessment on land and then any improvements they made Town of Havana Town of Havana got grant to bring in engineer Libby stepped out Jefferson said familiar with crossing of CSX line-will be done as any public process would be done Doug Hall appeared before Board-concludes applicant’s case-will like to have opportunity to address intervenors’ questions- Randall Denker, Denker Law Firm, 552 E. Georgia St., Tallahassee appeared before the Board-representing surrounding property owners-last time here was asked to meet with Hoover to see if could reach agreement with Hoover-agreed to meet with them and Tall Timbers and had what thought very good exchange Libby returned Not able to come to complete agreement-came to partial agreement-clients coming tonight and instead of getting negative-trying to be positive-hope Board will consider remaining concerns in their deliberations and hope will place concerns in additional conditions.  Have concerns on how will affect property values and concerned will no longer be able to peaceably enjoy property.  Baxley concerned will affect organic farm and will be out of business.  Agreed on lighting and ? Not able to agree and hoped Board will intervene.  Hoped will incorporate list of conditions. was assured would not run on weekends and after 8:00-requesting Hoover be limited to not run on week-ends and not past certain time Stormwater was recommended by Tall Timbers-done 3) Asked Hoover if would create permanent undisturbed vegetative buffer around plant-have no plans to develop existing buffer.  Mush of area is undevelopable.  With vegetation in place may cannot hear but what happens when removed Hay bales and silt fencing does not work and asked fail-safe-vegetative buffer will catch and is absolutely critical Wants as condition if ever sale plant, new owner will be subject to conditions Very concerned about chemicals being used-if change in future, not OK if they decide want to start doing other kinds of treatment or add preservatives Because contains endangered species and high quality habitat Hoover must protect the down-gradient environments from siltation, sediments and other runoff both during and after construction. Provide proof of insurance to cover accidents at plant or damage to surrounding property owners Concern about existing bridge on Potter Woodberry Road Understand water and natural gas being brought to plant and would like to see services extended to residents along Potter Woodberry In conclusion clients would prefer if no plant ever built there Clients mindful of all threats and am impressed clients trying to resolve complaints outside of Court. Project getting lot of public money and felt government should have say Asking Hoover be good corporate citizens  Nunamaker asked permanent undisturbed buffer-want everything not developed-everything outside 11 acres wants permanent buffer-gravel in 8 acres considered semi-impervious-Said if they change their design-will have to come back before Board Mr. Youman stepped out  Dixon called names from Speaker Forms Trey Pierce, 3559 Old Federal Road, Quincy, FL representing Hoover Treating-in favor of Hoover moving into area-been employed at Coastal for over 25 years and while there have seen tremendous growth Youman returned Will set them on path to allow them to continue to grow and increase their employees-own over 11,000 acres in Gadsden County  Lasley asked what they do at that plant-make plywood-yes-produce plywood and landscape timbers If Hoover decide wanted to pressure treat would it be a conflict-can’t answer not over   Dillon Forbes, 89 Glover Lane, Havana, FL Support of Hoover Treated Wood-Vice-President of Sale for Coastal-has done business with Hoover many years and excited about them coming-will be big customer and impressed amount of work put into this and feels example of business they will do.  They chose us out of number of locations could move to Lasley asked if never use up product-no-goes into wood and added to and used in pressure treatment process   Beth Kirkland, GCDC – read letter of Support for Hoover Treatment from Capital City Bank  Lasley said did not think Gadsden County should support any Jim Nalls, 984 Potter Woodberry Road, reappeared before Board attorney spoke to them as to how this would affect, Coastal spoke how Kathy Moore, 271 Potter Woodberry Road, Havana reappeared before the Board.  Thanked everybody-gave them more time to assess situation-all for economic development, especially in this county-need jobs can excel in and take pride in.  All for jobs but sensible jobs.  Lives on Potter Woodberry road and has stake in it.  Would like to have working sessions regarding this.  Concerned about age of bridge and understands there is sufficiency rating-asked how safe bridge will be with increased traffic and trucks carrying heavy pieces of lumber.  If major accident  Last inspection not based on increase traffic Kathi Barineau Craft, 1024 Potter Woodberry Road, Havana, FL  - live across street from property-map does not show her driveway and suggested the commissioners take a look at property.  Her grandparents were killed on that road by log truck.  Believes this industrial plant could be placed in industrial site that would better accommodate.   Bryan Baxley, PO Box 975, Havana, FL  , reappeared before Board.  Have concerns with plant.  Notices changed, received notice first time and not second.   Concerns with food safety-at this point unclear-traffic-if bridge goes under construction will traffic run thru downtown Havana Citizens’ Bill of Rights-how would it have impacted back in the 90’s.  Showed map that had his property on it Doesn’t feel anyone appreciates the elevation changes on property Community awareness and community involvement – have not had clear and concise answers to questions  Nunamaker asked when property was zoned heavy commercial-1991 or 1992-asked when he brought property – 2016-did not know before property before purchasing-no Dixon closed public comments  Doug Hall reappeared before the Board-have met with neighbors and tried to address issues.  Will be bigger treatment area and also will have bigger Stormwater area.  Heard limit on hours of operation and was address-never promised would not work past 8:00 p.m., will work standard business hours.  Buffer issue is big deal-essentially asking everything outside be place in perpetuity and cannot be done-if any changes will come back and address then Can’t be any change in product and willing to make part of site plan approval if change made will come back and readdress that. Monitoring of down-stream monitoring- Bridge is not site-plan issue-inspected every two years-last inspection done 2016-no load restriction-already used by logging trucks Question raised by access to Potter Woodberry road-DOT looked at Think have addressed all proposed conditions-if issues come up will reappear before Board and address  Chukes asked nearest resident from property-on Southside 1500 feet  Nalls reappeared-two houses right across street from facility- Nunamaker said from southernmost corner 1300 feet-over ¼ mile   Nunamaker said property been heavy commercial for many years if residents were opposed should have been addressed long ago knowing potential of development-think good site-no run-off issue-no hazardous chemicals-hazardous fears not warranted.  Dixon stated for record in this process can’t just say no-if denied-must be viable reason to say no.  Libby wanted to recognize both sides and glad they met and progress was made  Lasley wanted to address issues made by homeowners and see if could incorporate-hours-thing with night-time driving is headlights-would hate for them to deal with that shining into homes-would like to see not after 8:00 p.m. and not on weekends. Buffer-see on aerial potential for having property clear-cut because planted pines and would not mind seeing 25-50 foot buffer in case pines cut down-in favor of permanent buffer Nunamaker asked if would inhibit future develop of site for company Lasley said if Hoover sales to another entity, do they buy as is and if conditions go with property and not owners David Weiss appeared before Board and said would have to being site plan back to Board Lasley said DEP was one of contact people for inspecting and assessing Stormwater and suggested homeowners put number in rolodex Existing Bridge believe part of County road and bridge department and have had good luck in getting things done and good place to get signs  Dixon echoed what Henderson and Nunamaker said-this is how government and communities are supposed to work-can’t imagine better property for this company-Have no problems accepting option 1 with stipulations-no preservatives –already stated would not be and Tall Timbers-cannot go along with hours-Lot of things asked by homeowners are either already covered or covered by law-never seen more perfect situation for location of business  Henderson/Davis 6-1 Lasley opposed.
	Trey Pierce, 3559 Old Federal Road, Quincy, FL representing Hoover Treating
	Dillon Forbes, 89 Glover Lane, Havana, FL Support of Hoover Treated Wood
	Bryan Baxley, PO Box 975, Havana, FL
	Kathi Barineau Craft, 1024 Potter Woodberry Road, Havana, FL
	Tim Borris, 154 Wire Road, Thomson, GA  30824
	Anthony Holley, 547 N. Monroe Street, Suite 201, Tallahassee, FL
	Nancy Linnan, 215 S. Monroe St., Suite 500, Tallahassee, FL  32301
	Doug Hall, 215 S. Monroe St., Suite 500, Tallahassee, FL  32301
	Beth Kirkland, GCDC
	Neil Flockenstein, 13093 Henry Beadel Drive, Tall Timbers
	Antonio Jefferson, GCDC
	Jim Waddell, P.E., 2015 Centre Pointe, Blvd., Tall Timbers
	Jim Nalls, 984 Potter Woodberry Road
	Randall Denker, Denker Law Firm, 552 E. Georgia St., Talla
	Kathy Moore, 271 Potter Woodberry Road, Havana
GENERAL BUSINESS
6.	Planning Commissioner Questions and Comments
7.	Director’s/Planner Comments
3.	Adjournment of Meeting  Thanked everyone for time and interests.  Adjourned at 9:07 p.m.