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At a Regular Meeting of the Board of County Commissioners Held in and for Gadsden County, Florida on January 6, 2004, the Following Proceedings Were Had, Viz

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At a Regular Meeting of the Board of County Commissioners Held in and for Gadsden County, Florida on January 6, 2004, the Following Proceedings Were Had, Viz AT A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD IN AND FOR GADSDEN COUNTY, FLORIDA ON JANUARY 6, 2004, THE FOLLOWING PROCEEDINGS WERE HAD, VIZ. PRESENT: STERLING WATSON, VICE – CHAIR CAROLYN ROBERSON EDWARD J. DIXON BRENDA HOLT NICHOLAS THOMAS, CLERK HAL RICHMOND, COUNTY ATTORNEY HOWARD MCKINNON, COUNTY MANAGER ABSENT: BILL MCGILL, CHAIR 1. CALL TO ORDER Vice – Chair Watson called the meeting to order. Mr. McKinnon led in pledging allegiance to the US flag. Commissioner Dixon led in the invocation. 2. ADOPTION OF AGENDA The following addition was made to the agenda: The minutes from December 2, 2003 Attorney/Client Meeting and December 2, 2003 Regular Meeting were added to the agenda. UPON MOTION BY COMMISSIONER ROBERSON AND SECOND BY COMMISSIONER DIXON, THE BOARD VOTED 4 – 0, BY VOICE VOTE, TO APPROVE THE AGENDA AS AMENDED ABOVE. 3. APPROVAL OF MINUTES DECEMBER 1, 2003 SPECIAL MEETING DECEMBER 2, 2003 ATTORNEY/CLIENT DECEMBER 2, 2003 REGULAR MEETING Page 1 of 14 Gadsden County Board of County Commissioners January 6, 2004 Regular Meeting_____________ UPON MOTION BY COMMISSIONER ROBERSON AND SECOND BY COMMISSIONER HOLT, THE BOARD VOTED 4 – 0, BY VOICE VOTE, TO APPROVE THE ABOVE MINUTES. 4. HAL RICHMOND, COUNTY ATTORNEY 5. JOLINDA HERRING AND MARK MUSTIAN – PUBLIC SAFETY ACADEMY HOUSING BONDS Jolinda Herring of Bryant Miller & Olive P.A., addressed the Board requesting Gadsden County to issue a bond on behalf of Public Safety Academy Housing,Inc., a not for profit corporation that is also a direct support organization of Tallahassee Community College for the purpose of construction of a dormitory building for the Pat Thomas Law Enforcement Academy located in Gadsden County. She explained to the Board that they would have no liability and that Capital City Bank will issue the bond. Commissioner Dixon: Why couldn’t TCC issue the bond? Herring: You have to be non – profit and it is a housing bond an governmental office should be the applicant. They will receive a better rate. Jim Murdock, Director of Pat Thomas Law Enforcement Academy spoke in support of the project. Discussion followed among Board Members. Vice – Chair Watson asked Ms. Herring and Mr. Murdock to come back before the Board with more detailed information. Ms. Herring commented that they are required to advertise for the TEFRA Hearing 14 days before the actual hearing. She stated that they could come back with the information requested by the Board on January 20, 2004 meeting and if approved the hearing could be scheduled for February 3, 2004 meeting. Page 2 of 14 Gadsden County Board of County Commissioners January 6, 2004 Regular Meeting_____________ Public comment Public comment was heard by the following individuals. Anthony Thomas Sam Hawkins It was the consensus of the Board that they could not take action until they had more information. It was rescheduled for January 20, 2004 and if approved by the Board the hearing will follow at the February 3, 2004 meeting. 6. BRUCE BALLISTER, GROWTH MANAGEMENT DIRECTOR 1. CLAYTON ENVIRONMENTAL – CONSTRUCTION & DEMOLITION LANDFILL Mr. Ballister reported that the applicant, Clayton Environmental is reapplying for a C&D facility to be located at his existing sand mine on Selman Road. The applicant made a previous request March of 2001, which was denied at the Planning Commission and the Board of County Commissioner’s hearing. The revised application reduces the acreage assigned to landfill and proposed a future road connection to the future Quincy By-pass. He commented that Mr. Clayton has expressed and interest in providing a demolition service for decrepit mobile homes that are no longer serviceable. He would perform this service on premises or at the homes’ set-up location if the home cannot be moved. Mr. Clayton has exercised his FDEP mining permit and is currently using his site as a sand and clay pit. They have also expressed a willingness to dedicate a portion of the tip fee revenues for the continued maintenance of Selman Road. He commented that the applicant would be making a power-point presentation of their proposal. Mr. Richmond comment that this was a quasi – judicial hearing everyone that testifies at tonight’s hearing must be given an oath. Dennis Rogers of Clayton Environmental addressed the Commission. He stated that they have been on Selman Road for 2 years operating a mining pit. He commented that they are a family business. He stated the positive aspects that his company would bring to Gadsden County. He stated that they had 21 employees 15 are from Gadsden County. Page 3 of 14 Gadsden County Board of County Commissioners January 6, 2004 Regular Meeting_____________ Pierce Barrett with Barrett Engineering addressed the Commission. He gave a power point presentation in favor of Clayton Environmental. He commented on the recycling of homes, concrete recycling, dedication of a portion of the tip fee revenues for the continued maintenance of Selman Road. (See attachments) Mr. Rogers presented a presentation on the recycling of mobile homes that is offered at C&D. He spoke of the tipping fee on every cubic yard of C&D that comes in they are offering $.50 a yard. He commented that was based on last year’s projections. He stated that the first time they came before the Board the citizens on Selman Road had some concerns that have now been addressed such as speed, the condition of the road and trash. He pointed out the fact that they have adopted the road. Public Comment Cynthia Reynolds, 1087 Selman Road addressed the Board opposing the Clayton C&D Landfill. She presented a powerpoint presentation. She brought a numerous amount of supporters from the Selman Road community. Others who commented were as follows • Richard Thompson • Melissa Gardner • Mrs. Wilson • Shelanda Shaw • Angela Burgess • Henry Morris • Karen Black • Rev. Fabious Johnson • Shequita Johnson • Evan Jenkins Discussion followed among Board Members. Vice – Chair Watson stated that he had not changed his mind. He believes that the people of Selman Road have had enough on them. He said therefore he couldn’t be in support of this project. Commissioner Dixon commented that all answers were given to all the questions he had. He said that he had personally walked the facility and it is a good plan. He explained although he Page 4 of 14 Gadsden County Board of County Commissioners January 6, 2004 Regular Meeting_____________ can’t turn his head to the fact of “Environmental Racism” on Selman Road. The citizens on Selman have had enough. He also stated that for those reasons he couldn’t be in support of this project going forward. Ben Clayton, Owner of Clayton Environmental Services addressed the Board. He stated that the mine was there to stay. He commented that only wanted to add to the services the C&D Landfill. He then asked if he could withdraw his application at this time. Mr. Richmond commented that it was at the Board’s discretion. He stated that all testimonies are closed and that the parties involved deserve an answer at tonight’s meeting. Vice – Chair Watson called for a motion opposing the Clayton Environmental – Construction & Demolition Landfill. UPON MOTION BY COMMISSIONER DIXON AND SECOND BY COMMISSIONER WATSON, THE BOARD VOTED 3 – 1, NOT TO APPROVE THE CLAYTON ENVIROMENTAL – CONSTRUCTION & DEMOLITION LANDFILL. VICE CHAIR WATSON, COMMISSIONERS HOLT AND DIXON FOR THE MOTION. COMMISSIONER ROBERSON OPPOSED THE MOTION. 2. SPARKLEBERRY MAJOR SUBDIVISION – 166 LOT SUBDIVISION ON US 90 EAST Mr. Ballister stated that the applicant, Ray Sheline, had submitted an application for a major subdivision located east of Quincy between US90 and Selman Road. The subdivision covers lands previously rezoned from mining and Ag3 to rural residential by Mr. Sheline and Armer White in 1999. The proposal will create a subdivision with 132 lots in 5 phases covering 260.02 total acres. Lot sizes vary form 1.0 acres to 2.0 acres with the numerical average being about 1.25ac. The property has a frontage along US 90 of about 1500 feet that is subject to the Corridor Road Landscaping Ordinance. He stated that application had to be re-heard by Planning and Zoning Commission due to improper notification of citizens in the 1000 ft mail-out. There is an existing median cut that will serve as the primary access point to the subdivision from US 90. Upon completion of Phase III, there will also be access from Selman Road. It was stated that the property lies on a high ridge bordering on or encroaching relatively steep ravine structures. The Land Development Code protects wetlands, Page 5 of 14 Gadsden County Board of County Commissioners January 6, 2004 Regular Meeting_____________ steepheads and other environmentally sensitive areas section 5400. A review or the USGS contour map for the area indicated that there may be areas with slopes in excess of 20% at the edges of the steepest ravines, these areas may be platted but should not be considered as areas that could contain home sites or septic systems. It was stated that the property intends to have individual septic systems. The project will be served by Waste Management of Leon County, which operates the Quincy Byrd Transfer Station. Mr. Ballister had some of the following staff recommendations. The Corridor Road Landscape Ordinance impacts all lots fronting US90. He stated that this action is an appending application and, any clearing prior to Development Order without a specific clearing permit, would be in violation of the Code. He stated that frontage lots developed for residential purposes, would be required to provide an additional 25’ of setback to remain in a natural vegetated state to shield the developed lots from the highway and visa - versa.
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