BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING August 18, 1992 The Board of County Commissioners of Leon County, Florida, met in regular session at 5:00 p.m. with Chairman Turnbull presiding. Those in attendance were Commissioners Joanos, Vause, Nelson, and Davis. (Commissioner Price was not present and Commissioner Yordon was not in attendance, although he participated through a two-way speaker phone and announced his vote on each issue.) Also in attendance were County Attorney Herb Thiele, County Administrator Parwez Alam, and Deputy Clerk Sandra C. O'Neal. The meeting opened with invocation given by Commissioner Nelson followed by the Pledge of Allegiance to the Flag. Awards and Presentations 1. Introduction of New County Employees for July and August 1992 Personnel Director Brenda Trimble introduced the following new County employees recently hired in July and August: Tom Darragh, Connie Barbee, Alma Hubbard, Winnie Tsang, Traci Goff, James Maupin, Michelle Seals. Consent Agenda Commissioner Nelson moved, duly seconded by Commissioner Vause and carried unanimously (Commissioner Yordon voted in favor telephonically), to approve the consent agenda as follows with the exception of items 7 and 10 (see respective items below): 1. Bills and Vouchers Submitted by the Clerk The Board approved the following County bills and authorized the Chairman and the Clerk to issue the proper warrants: Vouchers 9820 - 10050 Fund Group I 13034 - 13054 Fund Group II 5164 - 5169 Investment Fund 5260 - 5262 2. Minutes The Board approved the Minutes of July 14 and 21, 1992 Regular meetings. 3. 2020 Transportation Plan Consultant Selection (In March of 1992, DOT issued a notice to proceed with the Year 2020 Transportation Plan development. Under the agreement with DOT and the Tallahassee-Leon County Metropolitan Planning Organization, DOT will provide $165,000 in funding for consultant services to develop this plan and no local match is required. A consultant selection committee received proposals and were ranked in the following order: 1. Post Buckley, Schuh and Jernigan, Inc. 2. Transportation Consulting Group 3. Barton-Aschman and Associates, Inc. 4. Barr, Dunlop and Associates, Inc. The Board approved the consultant ranking and authorized the Planning Department to negotiate a contract not to exceed $165,000 beginning with the first ranked firm. 5. Bid Award for Landfill Excavation The Board awarded the contract, by the attached Resolution (R92-39) for excavation of the next solid waste disposal unit (Cell II-C) to Steinhatchee Construction & Development Co., Inc. for a cost of $180,500 as recommended by the project engineer, Post, Buckley, Schuh and Jernigan, Inc. 6. First Addendum Agreements with Leon County School Board and the District Board of Trustees of Tallahassee Community College and Budget Amendment to Fund Addendum The Department of Job Training is seeking approval of contract addendum and budget amendments to provide additional funding for vocational skills training through the Leon County School Board at Lively Vocational Training Center and Tallahassee Community College. The Board approved the contract and the attached budget amendment request: 7. Parramore's Lake Estates, Drainage and Conservation Easement (On December 7, 1988 the preliminary plat of Parramores's Estate was approved by the Planning Commission. On July 10, 1990 the Leon County Department of Environmental Management approved a permit on the referenced property which required a conservation easement consisting of a 75' vegetated runoff buffer. The conservation easement and drainage easement is an adequate buffer between the development and Lake Talquin. The acceptance and recording of this easement fulfills the requirement of permit #90-0395. Mr. Mike Willett, Public Works Director and Howard Pardue, Department of Growth and Environmental Management Director were present and responded to the Board's inquiries. Commissioner Nelson moved, duly seconded by Commissioner Vause and carried unanimously (Commissioner Yordon voted in favor telephonically), to approve and accept for recording the 75 foot vegetated buffer around Lake Talquin in Parramore's Lake Estates. (See attached easement:) 8. S.A.F.E. Third Quarter Status Report The Board accepted the attached third quarter S.A.F.E. Report: 9. Revisions to the County's Park Housing Lease Agreement The Board approved revisions to the Park Ordinance (90-9) which included a Park House Lease Agreement for the Old Bainbridge Road Park attendant's quarters. For security reasons, the attendant was allowed to move in the house prior to the lease agreement's approval. The lease was drafted without allowing any pets and the attendant owns two dogs and requested that the "no pet" provision of the lease be modified. The Board approved the attached revised Park Housing Lease Agreement (which would contain language that would allow pets on County property only upon written approval of the Division Director: 10. Community Development Block Grant (CDBG) Program The County's CDBG Program was monitored by the Department of Community Affairs for the first time on July 28, 1992. One of the concerns identified by the program monitors was that there was no funds allocated for the temporary relocation of residents while their homes are being rehabilitated. Many of the homes to be rehabilitated require extensive repair and some residents must be relocated for safety reasons. Staff recommends that a budget amendment be approved which would take $10,000 from the County's CDBG administration account and creates a Temporary Relocation line item. The County Administrator advised that Commissioner Price (who was not present) had requested that a status report on the program for the first meeting in September. Commissioner Nelson moved, duly seconded by Commissioner Davis and carried unanimously (Commissioner Yordon voted in favor telephonically) to approve the attached budget amendment request as described and that the status report be provided by the first meeting in September: Commissioner Vause requested that the status report include some method of restoring the points the County lost because of the late CDBG Program Quarterly Status Report and how to overcome the penalty on future grant applications. The Chairman requested that the contractor attend the first meeting in September to answer any questions the Board might raise. The Board concurred. 11. Budget Amendment Request - Comprehensive Plan Requirements Board authorization is required to execute budget transfers from the Reserve for Comprehensive Plan Requirements account to cost centers which will implement or address projects to comply with the policies, goals and objectives adopted by the Board in the Comprehensive Plan on July 16, 1990 and amended on December 10, 1991. This is a mid-year funding request from the FY 1991/92 budget which tentatively approved by the Board during the July 22, 1992 budget workshop. The Board confirmed approval of all three mid-year funding requests, the Creation of a Consolidated Development Review Database, the Procedures/Educational Materials Publication Project, and the Records Microfilming project and authorize staff to execute a transfer of funds from the Reserve for Comprehensive Plan Requirements Account to the appropriate cost centers (see attached budget amendment request and agenda): General Business 12. AMTRAK Interlocal Agreement between the City of Tallahassee and Leon County The Board is being requested to approve an interlocal agreement between the City of Tallahassee and Leon County for the joint ownership of and management of the Old Freight Depot (Culpepper Site) for utilization as an AMTRAK Depot. (On May 18th, the Metropolitan Planning Organization (MPO) approved the purchase of the Culpepper Construction Building and site for use as an AMTRAK Depot. DOT will make available $800,000 to be matched with $200,000 in local funds for development of the depot. Since DOT will only enter into an agreement with one local government entity for the project, an Interlocal Agreement must be executed between the City and the County prior to execution of the Memorandum of Agreement with DOT. Commissioner Nelson moved, duly seconded by Commissioner Joanos and carried unanimously (Commissioner Yordon voted in favor telephonically), to approve the attached Memorandum of Agreement between the City of Tallahassee and Leon County and authorize the Chairman of the Board of Leon County Commissioners to execute the Agreement if it is approved by the City of Tallahassee in the same format. The County Administrator advised that if the City Commission does not approve the agreement, the County would continue the project and bring back to the Board on September 8th. 13. Non Conforming Mobile Home Replacement Policy Staff is requesting clarification of the Board's revised policy adopted on July 28, 1992, regarding the replacement of non conforming mobile homes. (On July 28th, the Board voted to change their previously adopted policy in order to allow Ms. Inez Randolph to receive a mobile home permit to replace a non conforming mobile home on a parcel located in the Lake Protection zoning district. The new policy regarding the replacement of a non conforming mobile home is based on the existence of infrastructure already on site to support the replacement. The change in policy raises issues related to what is meant by existing infrastructure and how the new policy should be implemented in light of the abandonment provisions of the County's new Zoning Code and past Board direction.) Mr. Howard Pardue and Mr. David McDevitt, Department of Growth and Environmental Management, were present and requested clarification of the Board's policy. Commissioner Vause moved, duly seconded by Commissioner Nelson and carried unanimously (Commissioner Yordon voted in favor telephonically), to approve Options 1 and Option 3 as follows: Option 1: Affirm staff's understanding of the term "infrastructure" with regard to replacement of non conforming mobile homes under both the County's old and new zoning codes to mean that the replacement will be serviced by an existing electric power pole as determined by past utility bills as provided by the applicant, a functioning septic system as determined by the County Environmental Health Unit, potable water, and has documented legal access to the property, and; Option 3: Direct the Planning Department to amend the Zoning Code to allow the continued replacement of non conforming mobile homes as long as infrastructure exists pursuant to Board policy as restated in Option 1. (Under this option, for non conforming mobile home replacement the two year abandonment provisions of the Code would be eliminated.) 14. Acceptance and Discussion of 2/3 - 2/3 Petition for Yorktown Pond Dam and Authorization for Public Hearing Yorktown Pond is located west of Meridian Road near its intersection with Lakeshore Drive and is part of the Lake Jackson watershed. The pond is impounded by a dam that is badly in need of repair. The Northwest Florida Water Management District (NWFWM) took enforcement action in 1989 to insure the dam would be repaired before a failure occurs. The dam is owned by property owners whose property adjoins the dam. They have indicated willingness to undertake the needed repairs without side financial assistance and a consent agreement was reached between NWFWMD and the property owners. In order to provide additional stormwater treatment to this basin, it has been recommended that the pond be improved and maintained as a Stormwater Treatment Facility. Staff has been working with the property owners to develop a cooperative solution to address the County's stormwater quality and peak quantity concerns for the Lake Jackson Basin as well as fulfill the property owners Consent Order obligations. The proposed solution is to utilize the 2/3 - 2/3 Ordinance to fund the property owner's portion. The Yorktown property owners have presented a petition that has been verified and meets the 2/3 Ordinance (No. 82-45) requirements. County Administrator Parwez Alam explained that the total cost of the project is $396,000. The property owner will pay $104,000 of the cost and the NWFWMD will pay $100,500 and the balance of $192,000 will come from the stormwater funds. He stated that staff does not feel the project will go any higher, but if it does, the money would have to come from the County stormwater funds. The following citizens appeared and requested the Board move forward with the project: Michael Ramage, 3214 Yorktown Drive Aide Whitaker, 3210 Yorktown Drive Both citizens thanked the Board, in particular Commissioner Joanos for his participation. Commissioner Joanos moved, duly seconded by Commissioner Nelson and carried unanimously (Commissioner Yordon voted in favor telephonically), to accept the petition and authorize staff to advertise a public hearing for September 22, 1992. Commissioner Joanos moved, duly seconded by Commissioner Nelson and carried unanimously, to move forward with amending the 2/3 - 2/3 Ordinance No. 82-45 as recommended by the County Attorney. (County Attorney Thiele recommended that the ordinance be clarified to include drainage facilities.) It was noted that the public hearing would be conducted on September 22, 1992. 15. Elk Horn Landing Road and Park Direction to staff in regard to initiation of the abandonment process for Elk Horn Landing Road and Park Public Works Administrator Mike Willett explained that staff initiated the resurfacing of Elk Horn Landing Road which is adjacent to Mr. Larry Savage's property. Mr. Savage requested the resurfacing be delayed and that the Board consider abandonment of the roadway and park landing. Mr. Willett explained that this has been a long standing issue (history of the issue was explained in the agenda request) and stated that the park is used by the public and it is maintained at a minimal cost. He recommended that the road not be abandoned. Mr. Larry Savage, 918 Coble Drive, appeared and stated that the park is not used very much and that the expenditure of tax dollars to pave the road was not worth the benefit. He also explained that there is an erosion problem. Mr. Savage stated that when the road is paved, traffic would increase on the road. Mr. Jim Hazlip, Public Works, was present and responded to the Board's inquiries. Chairman Turnbull expressed concern that the boat landing no longer exists, the park is so small, and that retired residents in the area do not feel safe because of traffic on the road. Commissioner Vause stated that he could not surrender the ownership of a public asset without some corresponding public benefit. He stated that he would give Mr. Savage the same offer he made in 1983: find a parcel of property of equal value adjacent to any other County park in the County and acquire it; Commissioner Vause stated that he would vote to trade the property on Elk Horn Landing. Commissioner Vause also suggested that Mr. Savage make an offer to buy the property from the County. Commissioner Nelson moved, duly seconded by Commissioner Vause and carried 4 - 2 (Commissioner Turnbull voted no and Commissioner Yordon voted no telephonically), to direct staff to continue maintenance of the roadway and park. 16. Monthly Status Report: Leon County Detention Facility Mr. Leonard Gray, Construction Manager, was present and gave the 17th status report on the progress and activities of the Leon County Detention Facility. The Board accepted the attached report: Commissioner Davis requested that a status report be provided on the actual move and transition into the new facility. A report would be provided in September. 17. Sheriff's Administration Facility Mr. Leonard Gray, Construction Manager, explained the options available for a construction contract to remodel the existing Leon County Jail into the Sheriff's Administration Facility. (On March 24, 1992, the Board approved the Schematic Plans for the Sheriff's Administration Facility presented by Johnson and Peterson Architects. At that meeting, the Board requested that the firm present a contractual form that best guarantees the construction and operating costs that will not exceed the County budget ($2,683,000).) The agenda material explained that the remodeling work associated with the Sheriff's Administration Facility should be broken into three major categories: Removal of Jail Security Equipment; Demolition of Old Jail; Remodeling of Old Jail. It was explained that the two types of construction contracts best suited for the remodeling work is a general contract and construction Management. Commissioner Vause moved and was duly seconded by Commissioner Nelson to approve staff's recommendation which is to direct staff to proceed with the demolition package as a separate bid item and to advertise the remodeling work for the Sheriff's Administration Facility to qualified general contractors on a lump sum basis. The Board did express some concerns and wanted a list of protection that will be built in in this approach so that there will be controls and the Board will have a level of comfort. The Board assumed that the project would not go over the budgeted amount of $2,683,000 and the County Administrator assured them that it would not. The motion carried unanimously. 18. Appointments As Follows: (a) Canopy Roads Citizens Committee - Commissioner Joanos appointed Terrell C. Madigan. (b) Code Enforcement Board - Commissioner Davis appointed Thomas W. Mason, PHD. (c) Capital Area Community Action Agency - Commissioner Nelson moved the reappointment of Tommy Ledbetter and Clarence Golightly, Jr. There was no second although the Board concurred. (d) Housing Finance Authority - Continued appointments until September 8, 1992. (e) Human Service Grant Review Committee - Commissioner appointed Ina Rubio and Chairman Turnbull continued her appointment until September 8, 1992. Chairman Turnbull advised that Mr. Robert Clark (Commissioner Vause's appointee) had volunteered to chair the Solid Waste Facility Citizens Advisory Committee. The Board concurred. Citizens to be Heard Mr. Kent Deeb, local developer, appeared and explained that he plans to build a multi-office building downtown which will be paired with a multi-story 1,000 space parking garage. He plans to interconnect the parking garage to a public walkway on the west side of Monroe Street opening up access to the Galley Alley, downtown area, and tying into Monroe and Jefferson streets, and interconnecting on Calhoun Street with the City Parking Garage. Mr. Deeb explained that he recently discovered that the majority of the project falls on County property, the road north of the Courthouse which is Jefferson Street. The majority of the road bed is on County property and not within the designated 30 foot right of way. Mr. Deeb advised that he plans to take this project to the Capital Center Planning Commission on August 25th but felt it necessary to advise the Board first since a portion of project falls on County property. He asked the Board if they had any interest in the project since he proposes that it connect to the Courthouse in some fashion. The Board concurred with Mr. Deeb's proposal. Commissioner Yordon stated for the record, telephonically, that "he thinks it could be an interesting project" and he "supports moving forward." Commissioner Nelson advised Mr. Deeb that she heard "enthusiasm" from the Board for the project. Chairman Turnbull stated that trees around the project should not be harmed. Mr. Deeb advised that there would be minimal pruning. Discussion Items by Commissioners Commissioner Vause: a. Reported that he met with the Humane Society representatives, and that architectural schematics of the Animal Shelter facility are being defined in an effort to fit the facility into the land donated by the County (located adjacent to Tom Brown Park). He advised that a meeting is scheduled for next week with the appropriate City officials to discuss the method of conveyance, etc. Commissioner Vause said the matter should be resolved in the next 30 days and would be brought back to the Board for discussion the middle of September. b. Commissioner Vause suggested that the workshops scheduled for October 15, 1992 on the Arterial and Collector Roads and October 22, 1992 on Programming Roads Based on Concurrency be postponed unto after the three new commissioners take office in November. The Board concurred and the workshops will be rescheduled. Commissioner Davis: a. Requested that the Board to reconsider the Board's policy on grading roads regarding Pine Lakes Subdivision. She explained that the road is in the process of being paved under the 2/3rds paving petition but the work will not begin until December or January and the road is in deplorable condition. Commissioner Davis moved, duly seconded by Commissioner Nelson and carried unanimously, to make the road passable "using whatever rationale." Public Works Administrator Mike Willett advised that staff will direct all efforts (including costs) to rebuilding the road which addressed Commissioner Vause's concern. b. Advised that in looking at her district, there are many abandoned mobile homes and areas with tall weeds and grass and are being used for "crack" houses. She requested the Board consider amending the Junk Ordinance to require property owners to keep their property clean. Assistant County Attorney Julie Lovelace advised that staff is currently considering this issue as well as other problems with the Junk Ordinance and will propose amendments. c. Commissioner Davis stated that the Human Service Grant Review Committee has completed its review of the Community Enrichment Program which she provided to the Board. Commissioner Davis advised that she received calls regarding the misuse of funds for this project and the attached memorandum addresses this: Chairman Turnbull a. Briefly discussed the upcoming "Spelling Bee" and it was decided that Commissioners Turnbull, Nelson and Yordon would participate. b. Referred to the attached letter from Representative Allen Boyd, Jr. dated August 12, 1992 requesting the County participate in DOT's project involving maintenance agreements and plantings of crepe myrtle trees and flower beds on Mahan Drive (involving Leon and Jefferson Counties). Public Works Administrator Mike Willett advised that the Board previously declined involvement in the project (on June 30, 1992). The Chairman requested that a letter be written to Representative Boyd explaining the Board's previous decision to decline participation in this project. c. The Chairman advised that a Chairman's Round Table Discussion is scheduled for September 16th, in the afternoon, on proposed legislative issues and will ask Constitutional Officers to share their key issues so a cooperative effort can be made. County Agencies will also be advised. d. The Chairman advised that there have been some problems in the building community regarding the process, collection of payments and formation of contracts. She explained that the County attorney has suggested conducting a basic course or seminar on construction contracts and small business enterprises in conjunction with the Florida Bar Association and various attorneys in the county. This would be done free of charge and would be one more extension of the County's MBE Program. The Board concurred with the proposal and commended the County Attorney for bringing this idea forward. There being no further business to come before the Board, the meeting was adjourned at 7:35 p.m. Approved: Marjorie Turnbull Chairman ATTEST: Clerk of the Circuit Court