BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING FEBRUARY 28, 1995 The Board of County Commissioners of Leon County, Florida, met in regular session at 5:00 p.m. with Chairman Maloy presiding. Those in attendance were Commissioners Host, Yordon, Joanos, Davis, Kio-Green, and Thaell. 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 offered by the Reverend Terrence Ford, pastor of Mount Zion Primitive Baptist Church followed by Pledge of Allegiance to the Flag. AWARDS AND PRESENTATIONS 1. INTRODUCTION RETIREES AND NEW COUNTY EMPLOYEES The Chairman presented a resolution to Jud Curtis, who was accepting it on behalf of retiring Landfill employee John Steele. Mr. Duane Gloyd, Human Resources, introduced the following employees for the month of February 1995: Michelle Cooper, Jason Douglas, Danny Brewer. 2. EMPLOYEE RECOGNITION NOMINEE FOR JANUARY 1995 The Chairman presented the attached resolution to Elizabeth Ostrus, Data Access Administrator/MIS, as "outstanding employee:" CONSENT AGENDA Commissioner Joanos moved, duly seconded by Commissioner Kio- Green and carried unanimously, to approve the Consent Agenda as follows: 3. BILLS AND VOUCHERS The Board approved the following County bills and authorized the Chairman and the Clerk to issue the proper warrants: $ 1,029,641.84 4. MINUTES The Board approved the Minutes: November 29, 1994 Special Attorney/Client: February 14, 195 Regular Meeting. 5. BUDGET AMENDMENT TRANSFER FOR WORKERS COMPENSATION The Board approved the attached budget amendment request transferring $88,944.45 from Unallocated Reserve to pay for the administrative and special disability assessment fees imposed by the Division of Workers Compensation on the County's self-insurance program." 6. BUDGET AMENDMENT/BUDGET FOR EMERGENCY MEDICAL SERVICES The Board approved the attached budget amendment request establishing a budget for the Emergency Medical Services Grant: 7. BUDGET AMENDMENT: HOUSING GRANT BUDGET The Board approved the attached budget amendment: (The budget is needed to establish expenditure authority for the State Housing Initiatives Partnership Program's funds which have been accumulated in a revenue account in prior years.) 8. STATE LIBRARY GRANT/FREE-NET FOR EVERYONE - THE SEQUEL The Board approved the second year grant contract with the State Library for "Free-net for Everyone - the Sequel." 9. LEASE WITH SHERIFF'S WARRANTS DIVISION The Board accepted the one-year lease agreement for the Sheriff's Warrant Division at 1126 Thomasville Road and authorized staff to complete the administrative process. (The contract is with Jack Coven, Frances Kaplan, Trustee, Ruth Rand, Carole Hughes and Alvin J. Goldman, d/b/a Talla Properties, Co./Leon County, Florida, Board of County Commissioners.) 10. FINAL PLAT ACCEPTANCE OF STATE ROAD 375 SUBDIVISION The Board approved the plat of State Road 375 Subdivision (a minor residential subdivision) and directed staff to proceed with the recording of this plat in the Public Records of Leon County. 11. BYLAWS FOR CHAIRES/CAPITOLA COMMUNITY CENTER BOARD The Board adopted the attached Resolution (R95-6), approved the bylaws for Chaires/Capitola Community Center Board as submitted by the Community Center Planning Committee, and appoint the seven planning committee members to the standing Board of Directors: (Rosetta Griffin, Lois Palmer, Claudia Howell, Dorothy Spence, Anna Alvarez, Robert Speidel, T. J. James.) 12. RECORDING RIGHT-OF-WAYS FOR GATLIN ROAD SAFE PROJECT The Board approved and accepted for recording the three right- of-way dedications for the Gatlin Road S.A.F.E. Project. GENERAL BUSINESS 13. RATIFICATION OF QUALITY IMPROVEMENT INITIATIVES WORKSHOP It was in order to ratify Board approval of the Quality Improvements Initiatives and allocate funds from 1994/95 set aside monies. Commissioner Host moved, duly seconded by Commissioner Davis and carried 6 - 1 (Commissioner Joanos voted no), to approve transfer of $390,000 from Reserve for Contingency/Training, Account #001-990-59905-599 to Human Resources Staff Development and Training Account #001-160-54909-513. 14. RATIFICATION OF TOURIST DEVELOPMENT COUNCIL WORKSHOP It was in order for the Board to ratify its decision made at the January 31, 1995 and February 23, 1995 Tourist Development Council Workshops. Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously 6 - 0 (Commissioner Kio-Green was not present), to ratify the actions taken at the January 31, 1995 and February 23, 1995 Tourist Development Council Workshops. (See attached:) Commissioner Joanos moved to recommend to the Tourist Development Council that they not allow a situation where the TDC executive director also be executive director to the Convention and Visitors Bureau (CVB). The motion was declared dead for lack of a second. 15. FAIR HOUSING ACTIVITIES/COMMUNITY DEVELOPMENT BLOCK GRANT Ms. Sandra Whitehead, Housing Coordinator, gave an update to the Board and the public on information on the County's fair housing policies. Ms. Whitehead informed the public that Leon County does have fair housing ordinance and it states that it is unlawful for any person to be discriminated against on the basis race, color, religion, sex, national origin, age, handicap, or marital status in any real estate transaction which includes the sale, rental of housing, the provision of brokerage services, or the financing of housing, and that the County does have a process if any person in the public is discriminated against, that they can go through, they can make a private complaint with the Assistant County Administrator, Director of Community Services, and can seek resolution through the process as outlined. (See summarization below:) Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously 6 - 0 (Commissioner Kio-Green was not present), to accept the fair housing information. 16. PARTNERSHIP FOR INTERLOCAL AGREEMENT/SCHOOL SITE SELECTION (Commissioner Yordon was selected to be the liaison with the School Board for the purpose of considering an interlocal agreement for siting schools. School Board member Donna Harper was selected as the liaison for the School Board.) Commissioner Yordon explained that this agreement means that in the process of siting a school, the County becomes partners with the School Board in the selection. Commissioner Yordon gave a brief report on the interlocal agreement for school siting partnership (SSP), and stated that this issue will be on the City's agenda next week for discussion. (The City has had this document since February 2, 1995 as noted by Commissioner Yordon.) He referred to section 3 and 5 and stated that it is his intent that the City be equal partners; also a new formula may need to be looked at in regards to the voting procedures. The Board concurred. Commissioner Yordon moved, duly seconded by Commissioner Davis and carried unanimously 6 - 0 (Commissioner Kio-Green was not present), to show receipt of the agreement with the understanding that changes will be forthcoming, and bring the agreement back to the Board after the City Commission's consideration of it so that final agreement may be executed. Commissioner Joanos suggested that there be some type of language in the agreement making it clear that the County Commission will not be interfering in rezoning issues. Commissioner Yordon and Assistant to the County Administrator Gary Johnson will attend the City Commission meeting when they discuss the interlocal agreement (SSP) if requested. 17. MPO AGENDA Mr. Marlon Brown, Planning Department, was present and discussed the MPO (Metropolitan Planning Organization). He advised that the Amtrak discussion with both City/County Commissions will be held in April. The next MPO meetings will be on April 13 and June 15, 1995. 18. REQUEST FROM BLACK JACK ACRES HOMEOWNERS ACCESS/WOODVILLE PARK (By special warranty deeds dated March 4, 1992, Leon County received from St. Joseph Land and Development Company land which is now known as Woodville Park. Black Jack Acres is a residential subdivision to the west of Woodville Park.) The Black Jack Acres Homeowners' Association, Inc., is requesting an access easement over the Woodville Park property. County Attorney Herb Thiele explained that if that is acceptable to the Board, he is requesting authorization to contact St. Joe Paper Company to make sure that they do not have a problem with that as relates to their reverter provision; assuming the County obtains St. Joe's permission, the County Attorney will execute the access easement. Ms. Laura Conrad, 3520 Thomasville Road, Smith & Thompson, appeared and explained that she is representing Black Jack Acres, and is requesting an easement along an existing roadway. She stated that this request is being made so Black Jacks can have legal access to their property. Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously 6 - 0 (Commissioner Kio-Green was not present), to authorize the County Attorney's Office to send a letter to Mr. Clay Smallwood of St. Joe stating that Leon County intends to grant the easement attached as Attachment C pending St. Joe's release of the reversion, and; authorize the Chairman to execute the easement attached as Attachment C pending receipt of St. Joe's release of the reversion: 19. PROCEDURES FOR QUASI-JUDICIAL PROCEEDINGS The Board considered the procedures for conducting quasi- judicial proceedings as provided by the County Attorney. Mr. George E. Lewis, II, stated that staff recommendations do not address issues he previously raised and alleged that the proposal probably does not meet due process requirements. (Commissioner Kio-Green returned to the meeting at 6:15 p.m.) Following some discussion, Commissioner Yordon moved to approve Option 3: To direct staff otherwise - "and word it that we adopt no policy and upon the first case challenge the ruling as unconstitutional and the adverse to the intent of representative government." Commissioner Davis seconded the motion. Commissioner Yordon clarified his motion: "It is business as usual until somebody challenges us; we use that case as our entree' for constitutional challenge on this whole Snyder business." Commissioner Yordon stated that he is prepared to give many good examples why he cannot appropriately represent his constituency with this law. The Board indicated that they hoped the legislation will overturn this ruling. Commissioner Kio-Green stated that it would be cautious to adopt official proceedings so that there will be an understanding of a quasi-judicial hearing and the process to be followed. The motion on the floor carried 5 - 2 (Commissioners Joanos and Kio-Green voted no). 20. DISCUSSIONS OF LAKE JEAN DAM The Chairman noted that this item has been pulled and will be brought back on March 14, 1995. 21. POLICIES FOR SALE OF LOCAL GOVERNMENT BONDS The Board considered the County' Financial Advisory Committee's recommendation to adopt the Government Finance Officer's Association recommended practices as its policy governing the method of the sale of County bonds (for competitive or negotiated sales.) Mr. Richard Pinsky, 1653 Fernando, appeared and stated that he represents Pryer McClendon Accounts (an African/American- owned investment banking firm), and raised the issue: why is there a compelling need to have a policy if the Board is already conducting negotiated and competitive sales. Commissioner Thaell moved and was duly seconded by Commissioner Host to approve Option 1 which is to adopt the GFOA recommended practices as Board policy: The Board emphasized the importance of being able to conduct either a negotiated sale or competitive sale. Staff assured them that the policy would allow that. See attached: 22. APPOINTMENTS TO CULTURAL RESOURCES COMMISSION Commissioner Davis moved and was duly seconded by Commissioner Yordon to continue this item until the first meeting in March. Commissioner Yordon offered a substitute motion to approve the attached list provided in the agenda request (noting that two nominations are coming up in September) and made a commitment to Commissioner Davis that he would be supportive of whoever she nominates at that time. Commissioner Davis seconded the motion which carried unanimously (Commissioner Kio-Green was not present). (Sharon Jefferson, Elise Pichard, Virginia Culpepper, Patrick Williams, Susan Fell) PUBLIC HEARINGS 23. PUBLIC HEARING - LICENSES, BUSINESS REGULATIONS Pursuant to legal advertisement, a public hearing was conducted to consider adoption of the proposed amendment to the Peddler's Permit Ordinance. (In order to expeditiously issue peddler permits, the amendment replaces the Board of County Commissioners with the County Administrator or his\her designee as the approval mechanism. County Attorney Thiele explained that there was previous sentiment of the Board to do away with the peddlers permit licensing procedure in its entirety. Commissioner Host moved and was duly seconded by Commissioner Yordon to rescind the ordinance. Following some discussion, Commissioner Host withdrew his motion and Commissioner Yordon withdrew his second. Commissioner Yordon moved, duly seconded by Commissioner Thaell and carried unanimously, to approve Option 1: conduct the public on the proposed ordinance and adopt the proposed ordinance as is (Leon County Ordinance 95-1). COUNTY ATTORNEY a. Announced that the public hearing on an amendment to Chapter 8, Leon County Code of Laws, "Health and Human Services," Sec., 8.67, "Financial Responsibility of Hospitals" which had been advertised for today has been cancelled, noting that the ad had already been run because of advertising requirements. (See advertisement:) b. Referred to a disclaimer which he distributed last week to the Board. County Attorney Thiele requested that the Board authorize him to execute and file the disclaimer (this is the result of Public Works coming across recordation of properties in favor of Leon County's name). Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously, to authorize the execution and filing of the attached Dissent and Disclaimer: COUNTY ADMINISTRATOR Circulated a memorandum from Mr. Rick Geshwiler, Chief of Comprehensive Planning, to reschedule the public hearing on the Comprehensive Plan, Cycle 95-1 amendments from March 14, 1995 to April 11, 1995. Commissioner Kio-Green moved, duly seconded by Commissioner Thaell and carried unanimously, to approve the change of public hearing schedule. CITIZENS TO BE HEARD Mrs. Jamie Featherstone, 1309 Airport Drive, appeared and explained that she is purchasing property (.60 acre) off Miccosukee Road, has obtained permits, septic tank and well have been installed, and she is now having a problem over a driveway. She stated that it is to be a shared driveway and the neighbor has currently blocked it off, alleging that it is not legally a shared driveway since it is not half-way on her property. She also stated that a telephone pole is in the middle of the driveway. Mrs. Featherstone referred to plats and other information from the County and the realtor. She stated that she cannot get to her property and requested the Board's assistance, advising that the closing date on the property is Friday. Commissioner Thaell explained that another party (Mr. Roy Gardner) who attempted to purchase the same property approached him and explained that County Growth Management indicated that it was not an appropriate piece of property to place a mobile home on because it was urban fringe and there was an access problem, and yet the Featherstones obtained permits. Commissioner Kio-Green moved, duly seconded by Commissioner Yordon and carried unanimously, that the County Administrator to move forward and resolve this issue as soon as possible and involve the County Attorney only if necessary, and that the party be authorized to remove trees if necessary for the driveway if the trees are the size as represented by the applicant, noting that it is a canopy road. Commissioner Thaell asked why the first individual, Mr. Gardner, not able to obtain permits on the property. Mr. Howard Pardue, Growth and Environmental Management, advised that he would have to research the issue to obtain the facts and then advise the Board. (Commissioner Kio-Green left at approximately 6:46 p.m.) DISCUSSION ITEMS BY COMMISSIONERS COMMISSIONER YORDON Requested adoption of the attached resolution (R95-5) for "Nature Conservancy On Project 2000." The Board concurred. COMMISSIONER DAVIS Announced that this year's celebrity softball game will be held on Monday, March 27, 1995 at 6:00 p.m. at the FSU womens softball field; Commissioners should notify Commissioner Davis if they wish to participate. COMMISSIONER THAELL Suggested that a resolution be given to George and Clifton Lewis for their contributions to Leon County especially in the civil rights movement, and that recognition be inclusive of all their accomplishments over time. The Board concurred. COMMISSIONER JOANOS Noted that Commissioner Kio-Green had to leave early to go to the Capitol but asked him to bring an issue to the Board; the Tallahassee Museum of History and Natural Science will be having the pioneer breakfast on Saturday morning, April 22 and encouraged all to purchase tickets. There being no further business to come before the Board, the meeting was adjourned at 6:55 p.m. APPROVED: Rudy Maloy Chairman ATTEST: Clerk of the Circuit Court