BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING JULY 26, 1994 The Board of County Commissioners of Leon County, Florida, met in regular session at 5:00 p.m. with Chairperson Davis presiding. Those in attendance were Commissioners Maloy, Yordon, Turnbull, Joanos, Green, and Host. Also in attendance were County Attorney Herb Thiele, County Administrator Parwez Alam, Deputy Clerk Bill Bogan, Jr., and Secretary Sandra C. O'Neal. The meeting opened with invocation given by Commissioner Joanos followed by the Lord's Prayer followed by the Pledge of Allegiance to the Flag. AWARDS AND PRESENTATIONS The Chairperson presented the Tallahassee Community College's Lady Eagles softball team with the attached resolution recognizing them as the 1994 National Women's Softball Champions, taking the National Junior College Athletic Association National Championship. TCC President, Dr. Hinson was also present and commended the Lady Eagles. 1. INTRODUCTION OF COUNTY EMPLOYEES Mr. Duane Gloyd, Department of Human Resources, introduced new County employees for the month of July, 1994: Theresa Heiker, Lillian Bennett, and Peter Gousis. CONSENT AGENDA Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried unanimously, to approve the following Consent Agenda with the exception of Item #3 which was addressed as described below: 2. BILLS AND VOUCHERS The Board approved the following County bills and authorized the Chairman and the Clerk to issue the proper warrants: Vouchers ($435,782.87) 8274 - 8453 Depository 3160 - 3186 3. MINUTES Commissioner Host indicated that a correction should be made to the Minutes of June 1, 1994, Joint City/County Meeting (public hearing on Cycle 94-2 Comprehensive Plan amendments). He referred to page 6, first paragraph under "Consent Agenda" and advised that records reflect the "consent agenda" which the County Commission approved. The correction was duly noted and would be made to the Minutes. Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, to approve the Minutes of May 31, 1994, regular meeting, and June 1, 1994, Joint City/County Commission Meeting with the correction. 4. PURCHASE OF FOUR DOOR SEDAN, BID NO. BC-07-07-94-67 The Division of Emergency Management is in need of a vehicle in order to respond to emergencies and other activities. The Board awarded the bid to for a four door sedan to Orville Beckford Ford Mercury in the amount of $14,200. (Funds were appropriated in the FY 1993-94 budget for this purpose.) 5. ELECTRONIC MONITORING SERVICE AGREEMENT The Board considered a request for an electronic monitoring service agreement with BI Monitoring Corporation, a home detention service (as an alternative sanction to jail for certain cases). (Difficulties were encountered with the quality of service previously provided by I.S.C.) Due to the nature of the "house arrest" program and the possible cost which may be incurred by BI Monitoring Corporation for services, a formal agreement was presented. The Board approved the proposed service monitoring agreement and authorized the Chairperson to sign as representative of the Board. 6. HOME IMPLEMENTATION AGREEMENT WITH THE STATE OF FLORIDA FOR THE HOME PROGRAM (The Home Program was created under the Title II (the HOME Investments Partnership Act) of the National Affordable Housing Act of 1990. It's purposes are to expand affordable housing to low and very low income Americans, strengthen the abilities of state and local government to implement strategies for achieving adequate supplies of affordable housing; provide financial and technical assistance to participating jurisdictions; and strengthen partnerships for government and private sector in the production of affordable housing.) The federal government provides each state with funds to be passed along to local governments. Leon County submitted its application for $375,000 and received partial funding in the amount of $46,974 on May 27, 1994. In order to receive the funds and begin the program, an agreement must be executed. The Board authorized the Chairperson to execute the agreement and directed legal staff to draft the appropriate policies. (See attached scope of works/description of projects:) 7. CAPITAL STADIUM SEWER RELOCATION EASEMENT/NORTH FLORIDA FAIRGROUNDS The sanitary sewer for Capital Stadium is handled by a pump station and force main to transfer waste to the gravity system under Paul Russell Road. During football season, the pump station causes problems, such as overflowing manholes and sewer back-up into residential homes. Leon County holds fee simple interest to the Fairgrounds and Capital Stadium with a lease to the North Florida Fair Association and an agreement with the Leon County School Board. The Fair has signed for their interest, the School Board has approved the documents which will be presented to them at their meeting tonight. The subject easements are to install a gravity system that will discharge into an existing gravity system under Omega Drive to the south and eliminate the pump station; the City has indicated that the sole purpose is to eliminate a health hazard. The Board authorized the Chairperson to execute the Sanitary Sewer Easement and Temporary Construction Easement. GENERAL BUSINESS 8. RECONSIDERATION REQUEST BY JACK SKELDING, JR. TO ACCEPT DEDICATION OF STRIP LAND ON CAPITAL CIRCLE N.E. County Attorney Herb Thiele provided an update on the above referenced issue which is provided in the agenda request. (On May 24, 1994, the Board voted to accept a proposal by Parker, Skelding, McVoy, and Labasky Pension Plan Trust, Charles Gardner, to accept a conveyance to the County in fee simple a five foot parcel of land fronting on Capital Circle, N.E., along with a 10 foot easement strip adjacent to the five-foot parcel.) On that date, Mr. Gardner informed the Board that while the zoning district would allow a proposed commercial use on the parent parcel, the Comprehensive Plan prohibits commercial uses to directly abut residential uses and would not allow a commercial use on the parent tract since the adjacent property has a single family home located thereon. The conveyance to the County would separate the two parcels and allow the commercial development on the original parent tract. The subject/parent parcel is currently vacant, but apparently subsequent to the tendering of the Trustees deed, the parcel had been conveyed to a subsequent owner who intends to use the property for commercial use. Mr. Cicero Hartsfield, 2315 Capital Circle N.E., appeared and explained that he is the son of Mrs. Mamie Hartsfield who is the adjacent property owner of the subject property. He alleged that his mother was misrepresented in that it was stated that she had no objection to the conveyance, while in fact she had not been contacted. Mr. Hartsfield stated that his mother was concerned about the way this issue came to the Board, that she wishes to remain on the property without nuisances, and has concerns about the use of the subject property. Mr. Hartsfield also referred to a letter, attached in the agenda request, where Mr. Skelding indicates that the County wanted him to convey or dedicate the five feet to the County for stormwater conveyance purposes. Mr. Thiele explained that to the best of his knowledge, the County did not make the request, but that it was presented to them. Mr. Thiele explained that following the Board's vote on May 24, a transaction has taken place in which Mr. Gardner's client has purchased the property from the Skelding Trust and has entered into a long-term lease arrangement with the corporate entity that runs Super Lube. He stated that he is holding the original warranty deed for the five foot parcel of property pending further Board direction. Mr. Thiele explained that the subject property is zoned Mixed Use B which is the most intense use for commercial, and if this transaction had not taken place, the property could have, without notice, been developed at intense uses. Commissioner Maloy raised the question: If the Board decided to reverse its decision and give the property back, and the party did not want the property back, what would be the County's recourse. Mr. Thiele advised that the issue would have to go to court in an effort to force the issue. Commissioner Maloy explained that he has just received information showing the uses of the subject property without the conveyance occurring suggested that all involved parties discuss the issue prior to taking a vote tonight. Attorney Charles Gardner appeared and explained that the reason he made the statement on May 24 that Mrs. Hartsfield had no objections to the conveyance, was because it was conveyed to him that from a reliable source. Mr. Marty Black, Planning Department, was also present and responded to the Board's inquiries. Following some discussion, Commissioner Yordon stated that misinformation was given to him on May 24 and that is the reason he voted in favor of the conveyance. Commissioner Yordon moved and was duly seconded by Commissioner Green to reconsider acceptance of the conveyance and easement, and direct the County Attorney's Office to return the executed deed to the Trustee's Council, thus rejecting the conveyance. Commissioner Turnbull made a substitute motion to direct the County Attorney to meet with all involved parties, Mrs. Hartsfield, the new owner of the property, Mr. Charles Gardner, the old owner (Jack Skelding Trust), appropriate County staff, City "development staff," and make sure that all the facts are laid out and that there is an understanding of the situation which include Mrs. Hartsfield's options and the County's options, and that this be done prior to the August 9 Board meeting. Commissioner Joanos seconded the amendment which carried 5 - 2 (Commissioners Yordon and Green voted no.) Mr. Thiele explained that a large part of the concerns are development standards rather than zoning issues and need to be addressed. (Commissioner Yordon left at approximately 6:50 p.m. to attend a School Board meeting and announced that he would return. Commissioner Yordon is Commission liaison with the School Board.) 9. RATIFICATION OF ACTIONS TAKEN BY THE HUMAN SERVICES GRANT REVIEW COMMITTEE The HSGRC requests that the Board ratify the modifications made to the grant review process and implementation of a new point evaluation system to be used in the review of grant applications. Commissioner Green moved, duly seconded by Commissioner Yordon and carried unanimously (Commissioner Maloy was not present), to ratify the attached modifications being recommended by the HSGRC (see attached agenda request): 10. PLAT OF FOXWOOD GLEN, PHASE I The plat of Foxwood Glen, Phase I is a private subdivision located in Section 3, Township 1 North, Range 2 East, Leon County Florida. County Administrator Alam circulated a memorandum from Helge Swanson of Growth Management Department, indicating that the plat was constructed as permitted. The motion on the floor (to approve plat with conditions) failed 4 - 3 (Commissioners Davis, Joanos, Maloy and Host voted no) with Commissioners Yordon, Green, and Turnbull voting in the affirmative. Commissioner Joanos moved, duly seconded by Commissioner Maloy and carried 5 - 2 (Commissioners Yordon and Green voted no), to approve the Plat of Foxwood Glen Subdivision, Phase I. 11. TREE REMOVAL OF CANOPY ROAD FOR MOBILE HOME (Ms. Dawn Butler requests permission to remove 34 trees in the Meridian Road Canopy Tree Protection Zone in order to construct a 10-foot unpaved driveway in the northern section of the property to her mobile home residence. The site is located along the west side of Meridian Road north of the most northerly slough bridge at Lake Iamonia.) County Administrator Alam reported that he has been advised that Ms. Butler is requesting that this item be removed from the agenda because she is trying to find a less expensive way to build a driveway, and that she would come back to the Board. Commissioner Turnbull moved, duly seconded by Commissioner Maloy and carried unanimously, to continue this item. Referring to staff's recommendation, Commissioner Host stated that to require the permittee to not allow heavy equipment for the tree removal and require flowering understory was "government intrusion" and should be worked out at staff level in a "common sense" way. Commissioner Turnbull responded and stated that the people of this community are the ones that decided to protect the canopy roads and that there will be restrictions if one chooses to live on one. The motion carried 5 - 1 (Commissioner Host voted no). Mr. Alam advised that the item could come back to the Board. 12. CITY OF TALLAHASSEE TO ADVANCE MASTER SEWER PLAN PROJECT The Board is being requested to approve an amendment to the City's Five-Year Capital Improvement Plan for water and sewer, Master Sewer Project No. 269. (The plan involves the extension of City Sewer Service along Apalachee Parkway from Southwood Plantation Road to Twin Lakes Circle.) Commissioner Green stated that the CIP will soon be reviewed in its entirety and suggested waiting to make a decision on this issue. County Administrator Alam advised that the City's CIP will be available on August 9. Commissioner Turnbull advised that she is willing to move forward on this issue but when the City's CIP come to the Board on August 9, its approval will be contingent on the understanding by the City of Tallahassee that any CIP projects in the County will not be postponed. Commissioner Host moved, duly seconded by Commissioner Yordon and carried 6 - 1 (Commissioner Green voted no), to approve the City request to advance Master Sewer Project No. 269 in the Five-year CIP. 13. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD The Board discussed appointments to the architectural review Board. Commissioner Turnbull nominated Baldwin Bunkley. It was noted that the appointment must own historical property. Commissioner Yordon moved to appoint John Barley. Commissioner Green suggested that appointments to the Architectural Review Board be made after the Architectural Review Board Ordinance comes before the Board on August 9. Commissioner Green moved to continue the appointments. No second was made. Ms. Vivian Young, Executive Secretary of the Architectural Review Board, indicated that a Architectural Review Board meeting is scheduled prior to August 9 and suggested that some appointments be made so there would at least be a quorum. Commissioner Turnbull removed her appointment of Baldwin Bunkley since she was advised that the appointment would have to be an owner of historical property. Commissioner Yordon recommended the appointment of John Barley. The Board concurred. Commissioner Host suggested that if the ordinance is approved on August 9 (which changes the make-up of members), that Dennis Murphree (second homebuyer) be the "back-up" appointee. The Board concurred. Commissioner Turnbull suggested the appointment of Valeria Goodwin and the Board concurred. Commissioner recommended the appointment of Emily Caraway Kemp. The Board concurred. 14. APPOINTMENTS TO VARIOUS COMMITTEES: a) EDUCATIONAL FACILITIES: The Board continued the appointments. b) ENVIRONMENTAL AWARDS COMMITTEE - Commissioner Joanos appointed Mr. John Butler. c) INVESTMENT OVERSIGHT COMMITTEE - Commissioner Yordon moved, duly seconded by Commissioner Maloy and carried unanimously, to reappoint Mr. Sanford Lovingood. d) BIG BEND HEALTH COUNCIL - Commissioner Turnbull moved, duly seconded by Commissioner Yordon and carried unanimously, to reappoint Eugene Nelson. Chairperson Davis recommended the appointment of Linda Amankwaa (FAMU Allied Health Services) and the Board concurred. Commissioner Host appointed Jennifer Bartholomew (TCH) and the Board concurred. d) CODE ENFORCEMENT BOARD - Commissioner Yordon reappointed Dan Winchester. 15. CHAIR/MAYOR MEETING OF JULY 6, 1994 Through the agenda request, the Board was provided with issues that were discussed at the Chair/Mayor meeting on July 6, 1994. Commissioner Turnbull referred to the discussion on the relocation of the City-County Planning Department, indicated the importance of having discussions on the level of City Commissioner-to-County Commissioner or County Administrator to City Manager. Commissioner Host advised that he would contact Mayor Herman on this issue and ask if she would appoint a Commissioner. The Board concurred to show acceptance of the report. 16. PUBLIC HEARING - AMENDING STORMWATER UTILITY ORDINANCE (The Stormwater Utility Ordinance expires September 30, 1994. The fee is established within the ordinance and is included in the ad valorem tax bill, and must be amended to raise the fees.) Pursuant to the following legal advertisement, the Board conducted the first public hearing: It was recommended that the fee be increased from $20 per year residential to $30 per year. Public Works Director Mike Willett advised that this rate increase would generate approximately $856,120. Mr. George E. Lewis, II, 203 North Gadsden, No. 6, appeared and suggested that the Board's procedures for adopting ordinances and amending them leaves substantial areas for improvement. He also requested that funds generated from the fee be restricted and not be used on private property without going through extensive citizen review process, and specifically mentioned Woodmont Pond. Mr. Willett explained that the process includes extensive citizen review. Ms. Darcy Foster, 1552 Cinnamon Bear Circle, appeared and indicated concern that there was no documentation justifying the rate increase, and suggested that some type of "cost per basin per resident" formula be used. Mr. Devoe Moore, 1406 Capital circle N.E., appeared and urged the Board to eliminate the fee and charge property taxes since all property owners are responsible for the stormwater problems. Mr. Russ McGregor, 3102 Ortega Drive, appeared and indicated support, expressed concern with the conveyance structure, and suggested using the money to clean out ditches. Belynda J. Shadoan, 1201 Coe Landing Road, appeared and expressed concern that the fee originally was only going to be for three years and indicated that there should be an expiration time on the increase. She also urged the Board to take better care of the Lake Talquin area. Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and suggested using prisoners on work release programs to dig the silt out of the ditches. She also presented material which she requested be provided in the record, indicating that she would provide copies later. (Commissioner Yordon returned to the meeting at approximately 7:40 p.m.) Mr. Julian Billingsley, Route 7, Box 843, appeared and urged the Board to make certain that if everyone is assessed the fee to make sure that all reap benefits, and suggested that Black Creek Swamp problems be addressed. Commissioners Joanos and Maloy indicated that they did not support the fee increase. Commissioner Green moved, duly seconded by Commissioner Yordon and carried unanimously, to conduct the first public hearing (which occurred tonight) and announced that the second public hearing would be held on August 9, 1994 at 6:00 p.m. 17. PUBLIC HEARING - AMENDING THE SHIP ORDINANCE Pursuant to the following legal advertisement, a public hearing was conducted on the SHIP Ordinance: (Leon County submitted its state application for $375,000 in January 1994 and was notified that the application was partially funded for $47,794 on May 27, 1994. In order to remain eligible for the funding, the County must amend its SHIP (State Housing Initiatives Partnership Program) ordinance to include the HOME Program.) Commissioner Green moved, duly seconded by Commissioner Yordon and carried unanimously, to adopt the revised the SHIP ordinance. Commissioner Green moved, duly seconded by Commissioner Yordon and carried unanimously, to reconsider the vote. Commissioner Turnbull moved to adopt the ordinance as amended, eliminating Section 3 and renumbering Section 4, 5 and 6 accordingly. Commissioner Turnbull amended her motion: That Section 8-156 Code of Laws of Leon County is hereby repealed (and adoption of the attached Leon County Ordinance Number 94-15. Commissioner Green seconded the motion which carried unanimously. 18. PUBLIC HEARING - ARCHITECTURAL REVIEW BOARD (On June 28, 1994, the Board approved the bylaws as proposed by the Architectural Review Board (ARB) staff which differed from the County Code in membership and term limits of its members and officers. This public hearing is to consider amendments to the Code conforming the Code to the approved bylaws.) See attached legal advertisement: Commissioner Yordon moved and was duly seconded by Commissioner Green to approve Option 2: Receive public comment on the proposed amendments, direct that no additions or deletions be added, and announce the second and final public hearing scheduled for 6:00 p.m., August 9, 1994. Commissioner Green withdrew her second and Commissioner Yordon withdrew his motion. Commissioner Green moved and was duly seconded by Commissioner Yordon to approve Option 1: Receive public comment on the proposed amendments, amend as desired or necessary, and announce that the second and final public hearing is scheduled for August 9, 1994 at 6:00 p.m. Mr. George E. Lewis, II, 203 N. Gadsden, #6, appeared and asked if the Board followed policy and noted that the Legislature has already spoken as to the makeup of the Architectural Review Board. County Attorney Thiele responded and stated that there is a difference of opinion and his office feels that the Board can either support the statutory creation of the ARB or can use Home Rule authority to create a local ARB. He stated that the proposed ordinance supports the contention that the ARB is locally created. He explained that the Board would need to decide whether to support the home rule or the statutory creation and would provide information back to the Board by the second public hearing on August 9, 1994. Mrs. Clifton Lewis, 3117 Okeeheepkee Road, indicated concern regarding the regulatory powers of the ARB on historical zoned properties. (During the discussion, Commissioner Yordon advised Mrs. Lewis that it was not appropriate for candidates of public office to use the podium in that capacity.) Commissioner Host requested that when this issue comes to the Board on August 9, that staff include in the agenda request, the regulatory powers of the ARB will have. Ms. Vivian Young, Executive Secretary of the ARB, advised that the ARB reviews exterior major changes to properties zoned Historic Preservation overlay, either by the City or the County. The motion on the floor carried 5 - 1 (Commissioner Joanos voted no and Commissioner Maloy was not present). The Board directed that the issues discussed be included in the agenda item for August 9. ADD-ON ITEMS a. MID-YEAR FUNDING REQUEST FOR TALLAHASSEE LADY PLAYERS Commissioner Maloy explained that this is a request, that he brought up last week, from the Tallahassee Lady Players for $7,500 for reimbursement for travel, lodging, and food expenses to attend the National Competition in Shreveport, Louisiana. Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried unanimously, to appropriate $750 from the Community Services Trust Account for the Tallahassee Lady Players. B. CERTIFICATION OF TENTATIVE MILLAGE RATE TO THE PROPERTY APPRAISER Commissioner Yordon moved, duly seconded by Commissioner Maloy and carried unanimously, to certify to the Property Appraiser that the Board is proposing a tentative millage decrease from 8.76 mills to 8.66 mills as result of the budget discussions. (The public hearings on the budget will be conducted on September 6, 1994 at 5:30 p.m. and September 20, 1994 at 6:00 p.m.) CITIZENS TO BE HEARD: Mr. Neal Evans, 3432 Monitor Lane, appeared representing the Messer Field Junior Major League and requested the Board appropriate funds for travel for the team to attend the state tournament. Following some discussion, Commissioner Joanos moved, duly seconded by Commissioner Yordon and 5 - 2 (Commissioners Turnbull and Host voted no), to appropriate $750 to the Messer Field Junior Major League Baseball team for travel expenses. ITEMS BY COMMISSIONERS COMMISSIONER HOST: a. Inquired about the status of the Chaires Community Center. Commissioner Yordon reported that the School Board has donated a school site. b. Requested status of the fire department study. c. Advised that he received a call from the Red Cross requesting the County consider storing some cots for them (which were used during the recent flood disaster). It was noted that the County has a policy against storing items other than county- owned items. County Administrator Alam suggested that the cots could possibly be stored at the Amtrak station warehouse if the City agrees. The Board concurred that Mr. Alam approach the City and advise that this is an emergency situation and bring the issue back on August 9th agenda. d. Noted that the 50th anniversary of World War II was coming up and suggested that activities be organized in honor of the veterans and coordinated with the School Board and the City. Commissioner Host suggested that perhaps memorabilia could be placed at the Library. Commissioner Turnbull recommended that efforts be coordinated with Veteran Affairs Administrator Dale Doss. COMMISSIONER GREEN: Circulated a petition from residents of Tom Roberts Road and a letter from Mrs. Sandra A. Rudd requesting that the road be paved. Commissioner Green stated that she will meet with the residents to determine the problem with donation of right-of- way. COMMISSIONER JOANOS: Reminded staff that the Community Services issue would be discussed prior to adoption of the final FY 1994-95 Budget. CHAIRPERSON DAVIS: a. Circulated a letter from Calhoun Board of County Commissioners thanking the Board for allowing County Emergency Management employee Robbie Powers to come to their aid during the past week to assist in the recent flooding disaster. b. Circulated a letter from Volunteer Officer Jeri Bush announcing a complimentary volunteer appreciation party on Sunday, August 7, 1994, at the Florida State University Student Union Ballroom to honor the volunteers of Tropical Storm Alberto. The Board concurred that the attached resolution be presented to the Red Cross volunteers and directed that Public Information Officer Catherine Sportelli make notification that there be media coverage of the function: There being no further business to come before the Board, the meeting was adjourned at 9:25 p.m. APPROVED: Anita L. Davis Chairperson ATTEST: Clerk of the Circuit Court