Board of County Commissioners

Gadsden County, Florida

Regular Public Meeting

July 17, 2018

6:00 p.m.

Present: Brenda Holt, Chair, District 4

Dr. Anthony “Dr. V” Viegbesie, Vice Chair, District 2

Eric Hinson, District 2-appeared by phone

Gene Morgan, District 3

Sherrie Taylor, District 5

Dee Jackson, Interim County Administrator

David Weiss, County Attorney

Marcella Blocker, Deputy Clerk

INVOCATION, PLEDGE OF ALLEGIANCE

Chair called to order, asked everyone to stand for moment of silence and led in Pledge of Allegiance.

AMENDMENTS AND APPROVAL OF AGENDA

Morgan add County Administrator position to agenda for discussion and action – died lack of second

V/Holt 3-2 Hinson, Morgan opposed

AWARDS, PRESENTATIONS AND APPEARANCES

CONSENT

Morgan/V 5-0

Approval of Minutes

a. June 5, 2018 Regular Meeting

b. June 19, 2018 Regular Meeting

Ratification Memo

Approval and Signatures for Satisfaction of Special Assessment Lien –SHIP Foreclosure Prevention Program

ITEMS PULLED FOR DISCUSSION

CITIZENS REQUESTING TO BE HEARD ON NON-AGENDA ITEMS

Mary Helena Allen, 61 Clearwater Street, CW Roberts Mining Issue

Debra Chatham, 6277 Flat Creek Road, CBOR

Marian Lasley, 5 Dante Court, Quincy, FL

PUBLIC HEARINGS

Public Hearing-Legislative-Consideration of Adoption of Ordinance 2018-005 for the Amendment of Chapters 1 and 7 of the Land Development Code, specifically regarding the Citizen’s Bill of Rights (LDR 2018-01)

Mrs. Jackson introduced the above item.

Allara Gutcher appeared before the Board and gave a brief description of the item.

Required to pass 4-1 vote

Chair announced public hearing and asked if any comments.

Marian Lasley, appeared before the Board

Debra Chatham, like #4 item, heard on FB Commissioners

Chair asked for Board discussion

Mr. Weiss explained

Chair said workshop was held and suggestions were made

Morgan asked Ms. Gutcher about the existing ordinance in place regarding Chapter 1 and 7-was it impeding growth at the interchanges-she said wasn’t sure anyone could answer that question.

Holt said businesses not coming because water, sewer, etc. not there.

Morgan said agreed if water and sewer was needed at interchanges, County needed to do whatever necessary to make that happen.

V said question that came to mind was issue citizen raised-perception of what CBOR was. As written, does it apply to families who wanted to change their own land use

Gutcher said applies to anyone who wanted to change the map

Taylor said if a business did not think worthy to talk to citizens, may not be what want here.

V said changes made was improvement to document but controversy was still there.

v motion for adoption of Ordinance 2018-05 option 1

Amended motion option 3/Holt Morgan question

V asked for roll call vote

Taylor had questions for clarity

V-y

Hinson-y

Taylor-n

Morgan n-

Holt-y

Item failed for lack of 4 votes

Taylor motion to approve option 1-Hinson second

Hinson asked for clarity on the changes

Chair said not voting for option 1

V-n

Hinson-n

Taylor-y

Morgan-y

Holt-n

failed

Public Hearing-Legislative-Consideration of transmittal of LSPA 2018-02 to Amend the Traffic Circulation Element of the Comprehensive Plan

Mrs. Jackson introduced above item.

Allara gave brief description of item. Element last updated 2001

Chair announced was public hearing and asked if questions or comments.

V said understanding was nothing but updates of current Comp Plan to conform with more current transportation elements with DEO and other required agencies

Taylor asked about to prevent an increase number of driveways that access high-speed roadways and Ms. Gutcher explained

Morgan asked about impact fees-not firm commitment-gave opportunity to look at in future if want-he asked her to explain impact fees and she did so.

V motion to adopt option 1/Taylor 5-0

Public Hearing-Legislative-Consideration of transmittal of LSPA 2018-003 to Amend the Conservation Element of the Comprehensive Plan

Mrs. Jackson introduced above item.

Mrs. Gutcher gave a brief description of this item.

Chair announced public hearing and asked if any comments-none

V option 1/Holt Morgan asked if super majority vote-yes 5-0

Public Hearing-Legislative-Consideration of transmittal of LSPA 2018-005 to Amend the Comprehensive Plan by deletion of Chapter 9, Concurrency Management Element

Mrs. Gutcher gave brief explanation of this item

Morgan asked her recommendation-remove from plan

Chair asked for input-none

Morgan option 1/V 5-0

Public Hearing-Legislative-Consideration of Transmittal of an Amendment to the Future Land Use Map for +/-284 acres from Rural Residential to Agriculture-1 of the Comprehensive Plan (LSPA 2018-06)

Mrs. Jackson introduced the above item.

Mrs. Gutcher gave a brief explanation of this item.

Elva Peppers appeared before the Board-request to down zone to 1:1

1^st issue-lots sold and no way to have property owners

2^nd-if 1:1 would require sewage treatment plant

Main reason for amendment approx. 57 acres of wetlands

Chair asked if any comments in favor of item

Marion Lasley, 5 Dante Court, Quincy appeared before the Board

If go forward will be 56 septic tanks and believe Ag 2 much better use of land

Taylor disclosed did have conversation with property owner regarding this

Her position has always been what constituents want in area-concerned with 56 septic tanks but did not want to stifle economic growth and development and feels needs to go back to Planning Commission; understand putting is sewer system quite expensive;

Elva Peppers reappeared before Board

Taylor asked about text information not available-it was-Taylor asked what difference-Elva said really not changed

Taylor said she wanted to support it

Chair asked if any more comments

V said his concern was super majority of PC-has concerns with how they decided-thinks should be tabled, go back to PC but hear nothing else applicant would be able to provide to persuade their minds-concerned with options have on this item

Taylor asked the majority of homes at lake-septic or sewer-septic-no sewer lines that run to lake

Taylor asked costs to developer to put necessary sewer-do not know-Taylor asked with 56 septic tanks-what is major concern-Allara said not sure if could answer

Holt said looked at package plan, number of lots already sold reduced the package plan

V asked who drain field would impact wetlands

Taylor approval/Holt 2-2 failed for lack of super majority

Public Hearing-Legislative-Consideration of Transmittal of an Amendment of the Future Land Use Map for +/- 145 acres from Agriculture 3 to Conservation and Mining of the Comprehensive Plan (LSPA 2018-07)

Mrs. Jackson introduced above item

Ms. Gutcher gave brief explanation of this item.

PC recommended 6-1 vote to transmit.

Chair announced Public Hearing asked if favor to appear

Bob Flowers, President of CW Roberts appeared before Board

Elva Peppers appeared before the board and gave brief description of Board and presented map to the Board. Mining started in 1994, not new area of mining, approved long time ago, are nearby mines located on Sadberry Road across street. Gopher tortoises are on property and will be relocated before site development. DEP permits and monitors mining projects annually

Holt asked if anyone else in favor of project and wanted to speak –no

Mary Helena Allen appeared before the Board and spoke in opposition of this project. Very concerned about additional trucks on the highway. Sand mining strips filter and allows direct run-off and pollution. Had community meeting regarding issue. County has incredible natural resources. Concerned if approved-like train leaving station and will have difficult time stopping it because shows commission in favor

Ed Allen appeared before the Board in opposition of this matter. CW Roberts is not Chuck Roberts they know, not local; out of Alabama, pay equipment taxes in Bristol. Been there 22 years and been no mining for 22 years. #1 goal of comp plan to protect property rights of citizens-have 5 sand pits

Put in public record: Regional Florida Aquifer system(mining) increased

Known fact sand pits destroys aquafer - too many sand pits

Elva Peppers reappeared before the Board to address his comments. Reminded Board will be vegetative buffer not wall. Friends of Talquin hired someone to test water and it came back clean.

Bob Flowers reappeared before the Board

Amy Allen, 268 Chinquapin Way, appeared before the Board and spoke in opposition to this item. Grew up here and want it safe for children and grandchildren

Chair asked for Commissioner comments

V disclosed met with representatives of CW Roberts and toured plant with Clyde Collins. Now has questions and concerns and would like applicant to address. Is strong proponent of economic development but not at expense of citizens.

1. Know that excessive mining causes

2. What provisions made to alleviate bank erosions

3. What are provisions made that excessive mining would not aquatic in channels of methodology

4. Extra vehicle traffic

Morgan stepped out at this juncture of the meeting.

Elva Peppers reappeared before the board to address the questions.

1. Bank erosions-mining does not occur in

Bob Flowers reappeared before the Board. Upon final site plan will confer with FDOT to allow them to dictate ingress/egress

V asked how would craters created impact private and public property surrounding properties and if anything in place to mitigate craters on surrounding properties. Peppers said surrounding property is timberland

Taylor said there was a meeting hosted at local restaurant at lake and come of V’s questions were asked. Ms. Allen correct in that she supports mining going in but not at …

Came up with

Buffer and CW Roberts have agreed to put vegetative buffer so operations could not be seen from highway. Have not come up with one study showing where what CW Roberts doing hampered aquifer

Morgan disclosed had spoken with Kent Sefer, attorney for CW Roberts. Asked Allara on tract of transmission

V stepped out

Allara said if vote is to transmit, packaged together to DEO and several other agencies, have 30 days to review, if no request, GC will have second. Morgan asked if timeframe see mining activities lasting at spot-Bob Flowers reappeared before Board and said number of years, possibly 15-20 years, long-term process. Understand sensitive issue and they need to make decisions for good growth and protects environment. Based on this site, have not seen negative impact on aquifer or lake, have seen organization tried to be good corporate partner with County, always been someone to respond to County if need and if they could help within their realm.

Holt disclosed had also met with …was concerned about DEP, wetlands, beautification

Taylor motion to approve option 1/V 5-0

10.

Public Hearing-Legislative-Amendment of the Future Land Use Element Policy 1.5.2 and Map 1.2 of the Comprehensive Plan (LSPA 2018-08)

Mrs. Jackson introduced the above item

Ms. Gutcher gave a brief explanation of this item. Recommend if vote to transmit,

Elva Peppers appeared before the Board and said way she read policy, only three parcels and any one of them were developed as minor subdivision, the others could not be developed

Chair Holt asked if anyone wanted to speak for item-no

Against

Marion Lasley reappeared before the Board to speak in opposition of this item and hoped they would not go with this item.

V asked if change would be universal across County for land use with same classification or specific to this applicant-specific to applicant.

Ms. Gutcher said if approve this item, would allow them to develop a net 1 acre parcels and they would have to withdraw. V said do not see position of PC-Allara said 6-1 vote to not transmit.

Taylor said whole focus was economic growth and development and obvious this project did not meet approval of PC and hope the developer does not stop and need to work with PC Board. Need to look at options to get septic in area. Suggested to look at USDA for grants.

Chair asked about area in yellow-was minor subdivision was created

Taylor motion to table/Holt with question

Holt asked if tabled would that help-Peppers asked procedure-tabling would save money

Chair called vote 2-2-Motion failed but could be another motion. Chair asked suggestions.

Taylor said Ms. Peppers was interested reason other commissioners did not approve and would give chance to find that out and give them opportunity.

Weiss recommended another motion to not approve

Morgan motion to not approve/V 3-1

GENERAL BUSINESS

11.

Discussion on Gadsden County’s State Lobbying Services

Mrs. Jackson introduced the above item and said it seeks Board discussion and direction regarding the County’s

Taylor asked if for discussion or for it to go out for bid.

V said would like to add another team to Lawson and Associates to become more effective in lobbying. Felt with the Congressman in Washington was not as effective and productive. Suggested bid

Morgan said recommendation was not to go with this based on V’s comments. Also understand with budget constraints,

Taylor motion to agenda at very next meeting/Morgan 4-1

12.

Discussion on Ordinance for Gadsden County Planning Commission

Mrs. Jackson introduced above item. Have had issue with no quorum

Holt said heard 2-3 things-sending so many things back after they have gone through and felt Board should make decisions;

Taylor said think need if no quorum, need to know which district has poor attendance at meetings and look at replacements and hold orientation.

Holt said some of the commissioners wanted to be able to go to workshops and it be funded

Morgan said grateful for ones that serve

Holt said would like this brought back with Ordinance

13.

Lease of Portion of Building at 349 Cone Street with North Florida Development Corporation

Mrs. Jackson introduced the above item.

V said this property has been on lease with this corporation in the past and Mrs. Jackson said lease has expired and was leased for $1.00/year and applicant asked it be ongoing lease. Mr. Weiss said would be month-to-month basis and subject to termination with 30 days’ notice by either party

V approval option 1/Holt 4-0

Caroline Ford appeared before the Board and said she shared this with County 3 days a month and the County there every day.

14.

Grant Agreement Execution for Gadsden County Election Security Grant

Chair asked for motion

V/Morgan 4-0

COUNTY ADMINISTRATOR

15.

Updates

7/23 5:00 Gadsden Hospital Board meeting

7/26 special meeting for TRIM 4:00

7/26 Tower workshop 5:00

Taylor asked about TRIM advertising and Mr. Weiss explained.

CLERK OF COURT

16.

Updates

COUNTY ATTORNEY

17.

Updates

Nothing to report

DISCUSSION ITEMS BY COMMISSIONERS

18.

Report and Discussion of Public Issues

Commissioner Eric Hinson, District 1

Commissioner Gene Morgan, District 3

Commissioner Sherrie Taylor, District 5

Commissioner Anthony “Dr. V” Viegbesie, Vice-Chair, District 2

Commissioner Brenda Holt, Chair, District 4

Receipt and File

UPCOMING MEETINGS

August 7, 2018-Regular Meeting – 6:00 p.m.

MOTION TO ADJOURN

Meeting adjourned at 9:16 p.m.