BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING SEPTEMBER 20, 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 Malloy, Yordon, Turnbull, 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 Pledge of Allegiance to the Flag. AWARDS AND PRESENTATION Chairperson Davis presented the attached resolution to the Office of Management and Budget for their outstanding work on the budget: Kenneth Barber, Van Jones, Laurie Renquist, Kaye Strong, Clinton Taffe. CONSENT AGENDA: Commissioner Turnbull moved, duly seconded by Commissioner Maloy and carried unanimously (Commissioner Green was not present), to approve the following Consent Agenda as follows: 1. The Board approved the following County bills and authorized the Chairperson and the Clerk to issue the proper warrants: Vouchers ($495,873.32) 9749 - 10,059 Depository 3423 - 3468 2. MINUTES OF JULY 19, 1994 The Board approved the Minutes of Regular County Commission Meeting of July 19, 1994. 3. SOLID WASTE RECYCLING AND EDUCATION GRANT APPLICATION (PART 2) The Board is requested to approve Part 2 of the FY 1994-95 Department of Environmental Protection (DEP) Solid Waste Recycling and Education Grant application. The Board approved submission of the grant application. 4. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (EMS) The Board received application from Tallahassee Memorial Regional Medical Center for renewal of the Certificate of Public Necessity to provide Emergency Medical Services (EMS) consisting of Advanced Life Support and Basic Life Support Services within Leon County. The Board accepted TMRMC's application to provide emergency medical services for Leon County and authorize the Chairperson to execute the attached letter to TMRMC. 5. FUNDING FOR UPDATING THE HAZARDOUS MATERIALS EMERGENCY PLAN The Department of Community Affairs (DCA) has offered funding in the amount of $18,347 to Leon County to assist the Local Emergency Planning Committee (LEPC) in updating the local Hazardous Materials Emergency Plan (HMEP) required by the Federal Emergency Planning Community Right-to-know Act (EPCRA) and Florida Statutes, Chapter 252, Part II, the "Florida Hazardous Materials Emergency Response and Community Right-to- Know Act of 1988." The Board accepted the terms and conditions of the Agreement as modified and authorized the Chairperson to execute the agreement and letter designating the Emergency Management Director as the Agreement Administrator. 6. EMERGENCY MEDICAL SERVICES COUNTY GRANT 1994-95 APPLICATION Each year the State of Florida Health and Rehabilitative Services, Division of Emergency Medical Services, makes available to county governments a county grant for the purpose of improving and enhancing EMS in the County. The Board accepted the recommendations of the EMS committee and authorized submission of the attached resolution (R94-24) and grant package to HRS/EMS for approval. The EMS Grant Manager (Emergency Management Director) and County Attorney's Office will develop an Interlocal Agreement between TMRMC and the Board for procurement, installation, operation, and maintenance of the communications equipment. 7. ANNUAL CONTRACT BETWEEN LEON COUNTY AND HRS The Board approved the annual contract between Leon County and the State of Florida Department of Health and Rehabilitative Services for the provision of public health services in Leon County. 8. LEASE RENEWAL FOR BOND COMMUNITY LIBRARY The Board approved the lease agreement renewal for the Bond Community Library. (The County leases a 2,000 square foot facility in the Bond Community from the City of Tallahassee for a branch library at the Smith-Williams Service Center, 2295 Pasco Street, Rooms 202 through 204 at an annual cost of $10,000 (including utilities and janitorial services.) 9. RFP FOR WILDLIFE RESCUE SERVICES During the budget meeting on September 6, 1994, the Board asked staff to develop an RFP for wildlife services and bring it back to the Board for further action on today's agenda. The Board approved advertisement of the Request For Proposal for wildlife rescue services. GENERAL BUSINESS 10. AUTHORIZE REVIEW AND PUBLIC HEARINGS ON EMA The Board is being requested to authorize the Planning Commission to review amendments to the Environmental Management Act for clarifying and streamlining improvements to the Article VII, Chapter 10 Leon County Code of Laws. Commissioner Turnbull moved, duly seconded by Commissioner Yordon and carried unanimously, 6 - 0 (Commissioner Green was not present), to continue this item until after the issues have been discussed by the Board at a workshop. 11. CHAIRES COMMUNITY CENTER/COST TO ESTABLISH CHAIRES COMMUNITY CENTER Chairperson Davis reported that this item has been pulled from the agenda. 12. CONTAMINATION ASSESSMENT REPORT ON REFUELING FACILITY The Florida Department of Environmental Protection has demanded that Leon County provide a Contamination Assessment Report (CAR) by November 1, consequense of a gasoline leak at the County refueling site on Miccosukee Road. It was noted that the CAR Report is estimated to cost approximately $21,000 and staff has obtained quotes from two vendors to provide the CAR Report. Mr. John Pompey, Fleet Management, appeared and explained that some EPA required over-spill protection appliances were installed incorrectly and they are the reason for the leak. County Administrator Alam indicated that staff will attempt to recover the costs since it was installed by a local company. Commissioner Yordon moved, duly seconded by Commissioner Joanos and carried unanimously, 6 - 0 (Commissioner Green was not present), to waive the formal bid process and award the bid for the Contamination Assessment Report to Jim Stidham and Associates of Tallahassee, Florida at a cost of $21,849.58. 13. APPOINTMENT TO THE HOUSING FINANCE AUTHORITY Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, 6 - 0 (Commissioner Green was not present), to appoint Attorney Carolyn Cummings to the Housing Finance Authority. 14. YEAR-END BUDGET ADJUSTMENTS Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried unanimously, 6 - 0 (Commissioner Green was not present), to approve the attached year-end budget adjustments: 15. PAYOUT OF ANNUAL LEAVE FOR DIRECTOR OF OMB Staff is requesting approval of payout of annual leave for County employee Ken Barber who has accrued 316.75 hours. County Administrator Alam explained that he granted Mr. Ken Barber an extension of annual leave time to be used by December 31, 1993, however, due to the work flow, this could not be done. Mr. Alam requested approval for a payout of 240 hours of annual leave, and for the rest to remain for Mr. Barber's use (76.75). The funds are available in the salary account of the OMB budget. Commissioner Joanos stated that there should be a policy in place that allows and stated that the County Administrator should not have allowed this to occur. Commissioner Yordon stated that he wants to be sure that the message is clear that the only difference with this situation than others, is that this employee is not being given the opportunity to take the time off while others are. Commissioner Turnbull moved, duly seconded by Commissioner Maloy and carried unanimously (Commissioner Green was not present), to approve the payout, but with direction to the County Administrator that such requests should not be considered in the future. Staff was directed to bring a policy back to the Board for consideration that would prohibit any payout in the future but would provide the County Administrator with some flexibility to involve the Board should such a situation arise. The Board emphasized that it was management's responsibility to ensure that such situations do not arise. (Commissioner Green attended the meeting at 6:00 p.m.) (The Board recessed at 5:50 p.m., and reconvened at 6:00 p.m.) PUBLIC HEARINGS 16. SECOND AND FINAL PUBLIC HEARING: FINAL MILLAGE AND BUDGET Pursuant to legal advertisement, the second and final public hearing was conducted to adopt the Fiscal Year 1994-95 tentative budget. (During the budget workshops conducted in July of 1994, staff recommended closure of the Blount Roll-off site in order to absorb some of the fiscal brunt of the increase in activity at the site. During the first public hearing on the budget, the Board requested staff to provide a fiscal analysis of the partial opening of the Blount roll-off site.) Commissioner Green moved, duly seconded by Commissioner Host and carried unanimously (Commissioner Turnbull was not present for the vote later requested that the records reflect her affirmative vote on the motion), to continue operating the Blount roll-off site for two days per week, for household garbage only, during the fiscal year 1994-95 at a cost of $6,948. (It was noted that residents in that unincorporated area do not have the option of purchasing services from Waste Management. Mr. Ken Wilson, citizen, appeared regarding the issue and requested that the Board pursue serious negotiations with Waste Management to provide full service garbage curb-side pickup in the Lake Talquin area. Mr. Jesse Sasser, Public Works, was also present and responded to the Board's inquiries. Regarding the Sheriff's pay study, it was noted that the FY 1994-95 Tentative Budget contains a "Reserve for Pay Study- Sheriff" in the amount of $750,000 for the Sheriff's Department salary upgrades pursuant to Board direction. County Administrator Alam explained that an implementation plan would be brought back to the Board in February of 1995. Chairperson Davis announced that the proposed millage rate is 8.66 mills which is 2.24% over the roll back rate of 8.47 mills. She explained that the reason for the increase in the roll back rate was because of reduction in reserves for contingencies, staffing of law enforcement, donations to community-based organizations, decreases in capital improvements projects, increase to the Clerk's budget, and increased funding to the Boot Camp, changes in expenditure estimates for the Tax Collector, and other major changes. The Chairperson also announced that the total amount of the FY 1994-95 Tentative Budget is $130,987,238. The following person appeared regarding the proposed budget and millage increase: Ms. Lynn Gilbert, 3227 W. Lakeshore, appeared and stated that she has a 14% increase in her taxes rather than a decrease as suggested by the Board. She stated that property taxes are becoming a real burden to citizens and suggested that government use tax dollars more efficiently. Mr. Tom Johnson, 6056 Thomasville Road, appeared and stated that the total burden of taxes has become unmanageable. Mr. Frank Dama, 3602 N. Meridian Road, appeared and stated that more taxes are needed to correct stormwater problems and specifically referred to the Okeeheepkee Road and basin. Chairperson Davis read the resolution into the record for the tentative millage rate. Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried unanimously, to adopt the attached Resolution (R94-25) adopting the millage rate of 8.66 mills: Chairperson Davis read the resolution adopting the FY 1994-95 budget into the record. Commissioner Green moved, duly seconded by Commissioner Maloy and carried unanimously, to adopt the attached Resolution (R94-26) adopting the FY 1994-95 budget in the amount of $130,987.238: Commissioner Host suggested that for next year's budget that there be a "citizen-friendly budget document" that will be understandable to the public. The Board also requested that OMB Director Ken Barber stated that was being worked on and a recommendation on the cost would be brought back to the Board. 17. PUBLIC HEARING - MAJOR SITE AND DEVELOPMENT PLAN REVIEW (LAKE JACKSON TRADING POST) Ms. Gina Echols, of Moore Bass & Bibler, Inc., agent for the applicant, Mr. Perry Erwin, has filed a major site and development plan (Development Order) application. The Board conducted the public hearing to consider the application. The proposed site consists of .95 acres of land located in northwestern Leon County, on U.S. Highway 27 (Monroe Street) in the Lake Jackson Trading Post commercial subdivision. The proposed development order application would allow the establishment of a 6,500 square foot auto parts store. Commissioner Joanos moved and was duly seconded by Commissioner Host to approve the application with the following conditions: 1) A revised site and development plan shall be provided indicating satisfaction of any and all outstanding issues pertinent to the Department of Growth and Environmental Management's review of the application with regard to compliance with applicable Environmental Management Ordinance requirements. This revised site and development plan shall be submitted to the Planning Department for signature affirming compliance with this condition. 2) The owner/developer shall ensure provision of adequate water delivery for purposes of fire protection, in accordance with the requirements of the Leon County Department of Public Works. 3) If the site and development plan is approved, the owner/developer shall submit plans to the City of Tallahassee Electric Department to enable permitting and design of the electrical distribution system. The owner/developer shall ensure that landscaping in design is consistent with the parameters provided by the Electric Department in their memorandum included in Attachment #6, page 7. 4. The owner/developer shall be responsible for installation of a sewer tap to serve the proposed establishment, as noted by the City of Tallahassee Water and Sewer Department in their memorandum included in Attachment #6, page 8. Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and suggested that the Board look in-depth at the Planning Commission Minutes, continue this item, and investigate for further review. (Commissioner Turnbull left the meeting at approximately 6:45 p.m.) The motion on the floor carried 5 - 1 (Commissioner Green voted no and Commissioner Turnbull was not present. When Commissioner Turnbull returned to the meeting, she requested that the records reflect her affirmative vote on the motion). 18. PUBLIC HEARING - PRE-APPLICATION BY TALQUIN ELECTRIC FOR AUTHORIZED SEWER SERVICE AREA IN PINE LANDING AND KILLEARN LAKES MIDDLE SCHOOL Talquin Electric submitted a pre-application for a contiguous expansion of its authorized sewer service area in Killearn Lakes to include the proposed Pine Landing Subdivision and Killearn Lakes Middle School. Commissioner Green moved, duly seconded by Commissioner Yordon and carried unanimously, (Commissioner Turnbull was not present but later requested that her vote reflect an affirmative vote on the motion), to authorize sewer service area for Pine Landing Subdivision and Killearn Lakes Middle School. 19. PUBLIC HEARING - PRE-APPLICATION BY TALQUIN ELECTRIC FOR AUTHORIZED SEWER SERVICE AREA IN JOURNEYS END IN KILLEARN LAKES UNIT 4 Talquin Electric submitted a pre-application for a contiguous expansion of its authorized sewer service area in Killearn Lakes to include the proposed Journeys End Subdivision. Commissioner Yordon moved, duly seconded by Commissioner Maloy and carried unanimously (Commissioner Turnbull was not present but after returning, requested that the records reflect her affirmative vote to the motion on the floor), to approve the authorized sewer service area for Journeys End Subdivision. 20. PUBLIC HEARING - PRE-APPLICATION BY TALQUIN ELECTRIC FOR AUTHORIZED SEWER SERVICE AREA IN PRESERVATION POINTE SUBDIVISION IN KILLEARN LAKES UNIT 5 Talquin Electric submitted a pre-application for a contiguous expansion of its authorized sewer service area in Killearn Lakes to include the proposed Preservation Pointe Subdivision. Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously (Commissioner Turnbull was not present, but after returning, requested that the records reflect her affirmative vote on the motion), to approve the authorized sewer service area for Preservation Pointe. 21. PUBLIC HEARING - PRE-APPLICATION BY TALQUIN ELECTRIC FOR AUTHORIZED SEWER SERVICE AREA IN KILLEARN LAKES UNIT 7 Talquin Submitted a pre-application for a contiguous expansion of its authorized sewer service area in Killearn Lakes Subdivision to include the proposed Unit 7. Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, to approve the authorized service area for Killearn Lakes Unit 7 Subdivision. (Commissioner Turnbull returned at approximately 7:55 p.m. and requested that the records reflect affirmative votes on the motions on items 16, 17, 18, 19, 20, and 21). COUNTY ATTORNEY Distributed a memorandum advising that at a status conference on the Sunshine Pipeline Certification, a schedule for local public hearings which are part of the certification process was proposed. This will include eight public hearings around the state and the date proposed for Leon County is Tuesday, November 15, at 6:00 p.m. in the Commission Chambers. Commissioner Turnbull suggested scheduling a week late since a new Commissioner would be in office by then. Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, 6 - 0 (Commissioner Green was not present), to schedule the date of November 22, 1994, at 6:00 p.m. COUNTY ADMINISTRATOR: Circulated a pamphlet on the water symposium for December 12 and 13, 1994. CITIZENS TO BE HEARD: a. Ms. Cathy Thomas, 9007 Brokenlance Drive, appeared and referred to a press conference she called to inform the media of tax dollars being spent on cellular phones for the Board of County Commissioners and referred to the Government in Sunshine Law. She requested an investigation of possible violations. Commissioner Yordon responded and stated that Commissioners pay for their private calls on the cellular phones and stated that Commissioners are willing to answer her questions regarding use of the cellular phone. Commissioner Turnbull explained that the Finance Office of the Clerk's Office, a separate constitutional officer, also reviews the bills. b. Ms. Wendy Smith, P. O. Box 237, Lloyd, FL., appeared and circulated the attached letter to the Board advising of a problem involving property (18.5 acres) that she purchased. She apparently did not realize that she was buying into a subdivision. Mr. Howard Pardue, Department of Growth and Environmental Management, appeared and explained that Ms. Smith sold 10.8 acres of the 18.5 acres which is located in the rural land use category thereby subdividing the property. Mr. Pardue stated that Policy 2.1.9 in the Comprehensive Plan has a 10 acre cap and Ms. Smith has 18.5 acres, and in order to implement 2.1.9, the ordinance would have to be modified to change the cap. Commissioner Turnbull suggested that Policy 2.1.9 may need a variance provision. Ms. Denise Williams appeared and stated that when she purchased the property from Ms. Smith, neither person was aware that the property was a subdivision. Ms. Williams stated that she has a well on the property since July and has not been able to obtain a permit to have electricity run to the site because the site has been deemed non-permitable. County Attorney Thiele explained that one method to correct the issue is to provide for an exception to the ordinance that states that the 10 acre cap does not apply in the rural area because there is the expectation that there are already larger tracts in the area. It was the consensus of the Board that staff provide appropriate language for an exception (to be heard by the Board) for consideration at the next meeting and that staff commence a review of the land development regulations relative to this issue. Staff will advise Ms. Smith and Ms. Williams of the status of the problem and possible resolution. ITEMS BY COMMISSIONERS: COMMISSIONER TURNBULL: Reported that there has been a series of presentations on GIS (Geographic Information System) over the past week which proved to be very informative. Commissioner Turnbull encouraged the Board members to attend presentations. COMMISSIONER HOST: a. Referred to lawsuits filed because of the recent floods and asked the County Attorney if there is going to be some type of comprehensive way of dealing with them or would they be handled separately. County Attorney Thiele explained that a meeting is already scheduled for this Friday and will involve engineering departments, City and County Attorneys to discuss the issue. CHAIRPERSON DAVIS: a. Requested adoption of four resolutions as presented: Jonathan Brown Lighty (Eagle Scout), Disability Awareness Month For October, recognition of OMP, and FAMU Fair 19th Annual Sports Hall of Fame. b. Reported that she has been working with Parks and Recreation developing a new programs and circulated the 1994 Fall Guide for Recreation Centers. She also noted that wheelchair basketball team has been established and advised that the department is working on a lift for the disabled to participate in swimming activities. COMMISSIONER HOST: Referred to a letter from the Department of Revenue requesting that they be involved with the County's Child Support computer system. Chairperson Davis stated that staff has been look at the issue and will respond. COMMISSIONER TURNBULL: Reported that the new Ice Hockey Team, Tiger Sharks, played last night at the Civic Center. COMMISSIONER YORDON: Reported briefly of the results of the recent spelling bee. There being no further business to come before the Board, the meeting was adjourned at 7:05 p.m.he Board recessed at 5:50 p.m. and reconvened at 6:00 p.m. Anita L. Davis Chairperson ATTEST: Clerk of the Circuit Court