BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING NOVEMBER 21, 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 Commissioner Kio-Green followed by the Pledge of Allegiance to the Flag. AWARDS AND PRESENTATIONS On behalf of the Board, Chairman Maloy presented a resolution to Mr. Ted Thomas, Chairman of the Children's Home Society. The resolution declares November 1995 as Adoption Awareness Month. Mr. Thomas introduced other participants to the Board and gave special thanks to Commissioner Thaell. CONSENT AGENDA Commissioner Yordon moved, duly seconded by Commissioner Joanos and carried unanimously, to approve the following Consent Agenda with the exception of item 5 which was addressed as described: 1. BILL AND VOUCHERS The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants. ($1,164,784.53) 2. AUTHORIZATION TO CARRY-FORWARD FISCAL YEAR 1994-95 FUNDS Each year, the Office of Management and Budget works with program managers to determine which projects will not be completed by September 30. Budgeted dollars for these projects are identified to be carried forward into the next fiscal year. The Board approved the following carry forward of FY 1994-95 funds for completion of projects during FY 95/96 which were unable to be completed or started in the last fiscal year: 3. ANNUAL REPORT: FIRE CONTROL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY The report is submitted annually by the Florida Department of Agriculture for the Board's acceptance. The Board accepted the attached report: 4. ASSIGNMENT OF INVESTMENT ADVISORY AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. The purchase of Public Financial Management, Inc. (PFM) by its Managing Directors constitutes an assignment of the Board's investment advisory agreement and requires authorized signature. The Board consented to the deemed assignment of the agreement by authorizing the Chairman to sign the attached PFM's letter: 5. RELEASE OF PERFORMANCE AGREEMENT AND SURETY DEVICE AND ACCEPTANCE OF MAINTENANCE AGREEMENT AND SURETY DEVICE FOR SANDSTONE RANCH SUBDIVISION The developer, Lex Thompson, has completed construction of all roads, streets, and drainage facilities in Sandstone Ranch Subdivision and requests the release of a Performance Agreement and Surety Device and the acceptance of a Maintenance Agreement and Surety Device for Sandstone Ranch Subdivision. On April 11, 1995, the Board approved the plat of Sandstone Ranch Subdivision for recording in the public records of Leon County. At the time of recording, the entire infrastructure had not been completed and the developer opted to record, by bonding, the remainder of the construction by Performance Agreement and Surety Device in the amount of $258,102; due to unforeseen difficulties during construction, staff required the Surety Device to be extended to September 30, 1995. Staff recommended release of the Performance Agreement and Surety Device. Commissioner Kio-Green requested that the Board continue this item until December 12. She stated that this has to do with whether or not the infrastructure has been completed and she would like to have clarification on other issues; that she has talked to DEP and there is question whether final inspection has been done. Commissioner Kio-Green stated that when the Board accepted maintenance of the subdivision in April and there was some items that were not disclosed to the Board that staff was aware of. Commissioner Kio-Green indicated that it would not take much staff time to address her inquiries. Commissioner Thaell moved and was duly seconded by Commissioner Kio-Green to continue this item until December 12, 1995. Commissioner Kio-Green explained that she would send a memorandum to the Board, hopefully tomorrow, regarding the issue. Mr. Lex Thompson, general partner of Sandstone Ranch Subdivision, appeared and responded to comments made by Commissioner Kio-Green. He explained that a landfill was discovered on the subject property when excavation was started for both roadways and the holding pond; that County environmental staff and DEP signed off on the project since he had complied with all requirements. It was noted that the surety device has expired on September 30, 1995. Mr. Thompson further alleged that Commissioner Kio-Green has told his customers that they area living in an illegal subdivision, that they cannot sell their property, and that they do not have clear title. He stated that depositions will be taken on Monday on this issue. Regarding this matter, Commissioner Kio-Green stated that she would bring up issues regarding Policy 2.1.9 on subdivision of property at the end of the meeting under "Discussion Items by Commissioners." The motion on the floor carried unanimously. GENERAL BUSINESS 6. CONSOLIDATION OF CONTRACT WITH LANGTON ASSOCIATES, INC., TO PROVIDE GRANT-WRITING AND CONSULTING SERVICES FOR FISCAL YEAR 1995/96 Langton Associates, Inc. was retained by the Board in April , 1992 to provide grant writing services to the County. If the Board desires to extend this contract for the current fiscal year, the draft contract must be executed. The Board was provided with the 1994-95 Contract Year Summary. Commissioner Host suggested that other firms in the community should have an opportunity to bid on contracts and suggested going out to bid. Commissioner Yordon stated that the majority of times it is best to go out for RFP but on occasions it is better to do sole source and suggested that this issue be discussed at the Commission Retreat scheduled for December 7. Commissioner Yordon stated that they have done an excellent job for three years, although it would be good idea to see what is out in the market. Commissioner Host moved and was duly seconded by Commissioner Yordon and carried unanimously, to go out for RFP (request for proposals) and retain Langton and Associates in the interim. Mr. Mike Langton of Langton and Associates, appeared and stated that his contract expired at the end of September, 1995 and he has been working in good faith for October and November. The Board explained that he would be paid for the interim, until a RFP is accepted. The motion on the floor carried unanimously. 7. REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL SERVICES FOR THE NEW PUBLIC WORKS OPERATIONS CENTER An architectural firm needs to be selected to design the new Public Works Operations Center. During the FY 1995/96 budget process, the Board approved funding of $465,462 in FY 95/96 and $1,034,538 in FY 96/97 for the new Public Works Operations Center. These funds are budgeted in the Constitutional Gas Tax Fund #106. Commissioner Host moved, duly seconded by Commissioner Joanos and carried unanimously, to approve the Request For Proposals (RFP) document and notice to staff to proceed with the recruitment of architect for the design of the new Public Works Operations Center. 8. PROPOSAL TO DISSENT AND DISCLAIM PUBLIC OWNERSHIP GHAZVINI SAND PIT - CELL NO. 2 The Board considered whether to accept or reject a warranty deed as filed in December 1992. The Chief of Stormwater Engineering, Theresa B. Heiker, P.E. has discovered and reviewed a warranty deed which was transferred by Sandco, Inc., to Leon County in December of 1992. The property conveyed was never brought before the Commission for acceptance, but rather the deed was filed in public records. The exact reason for the transfer is not known by staff. Commissioner Yordon moved, duly seconded by Commissioner Davis and carried unanimously, to not accept the warranty deed as filed in December of 1992 and direct staff to file a Dissent and Disclaimer in Public Works. 9. STATUS REPORT: FISCAL YEAR 1995 COMMISSION RETREAT ACTION PLAN ASSIGNMENTS The Board was provided with an Action Plan Status Report which serves as a status report on staff's progress on the items prioritized during the annual retreat on January 9, 1995. Commissioner Kio-Green moved, duly seconded by Commissioner Host and carried unanimously, to accept the attached 1995 Retreat Action Plan Status Report: 10. FORMAL ESTABLISHMENT AND APPOINTMENTS TO COUNCIL OF ECONOMIC ADVISORS The Board discussed the proposed structure and appointment of members to the Council of Economic Advisers. (On September 12, 1995, the Board voted to appoint an economic advisory council with each Commissioner appointing a member.) Commissioner Yordon indicated some concern with the charge to the council and stated that "economic analysis" is only one peg of decision-making. The Board emphasized the importance of making clear direction to the council so they would understand their charge. In establishing a Economic Council, Commissioner Yordon stated that he would like language showing Commission direction and some type of statement suggesting that the charge to the council is very specific and does not imply bringing the council's philosophy to the table. He suggested that amended language be brought back to the Board for review before voting on it. Commissioner Thaell moved Option 2 with Commissioner Yordon's recommendation. There was no second to the motion. Commissioner Kio-Green moved to continue this item until December 12, 1995 and at that time, proposed language as suggested by Commissioner Yordon will be brought back for consideration. The Board concurred without objection. COUNTY ATTORNEY Referred to a memorandum on the Villas of Lake Jackson. Commissioner Joanos noted that the Board negotiated the issue, the Federal Judge has ruled in total agreement with the County, and hopefully the matter has been put to rest. COUNTY ADMINISTRATOR Reported that he would be bringing the issue of "telecommunications (employees working from their homes)" to the Board on January 16, 1995. DISCUSSION ITEMS BY COMMISSIONERS COMMISSIONER THAELL a. Distributed a copy of the first Newsletter from the 21st Century Council containing information as to where the County is headed in the next century. b. Advised that it was his first anniversary on the Board of County Commissioners, and thanked the Commission and staff for their assistance. COMMISSIONER KIO-GREEN a. Referred to the November 14 agenda item regarding the Leoni Partnership mortgage and the timeliness of the issue. Commissioner Kio-Green requested that a discussion item be brought to the table regarding the County Attorney being instructed in the future to process certain matters when time is of the essence (and there is not enough time to bring the matter before the Board). b. Referred to the Board's rejection of the deeds on properties where the County has applied for tax deeds. Commissioner Kio- Green indicated her support for moving forward and applying for other years' tax deeds (delinquent taxes certificates) and requested that the County Attorney place these on the agenda. Commissioner Host referred to the Leoni Property and stated that the County Attorney, in conjunction with the County Administrator, should proceed to act on the default if it needs to be acted on expeditiously. County Administrator stated that staff would take that as direction from the Board; next time when there is a default, he will talk with the Chairman and then proceed with the process. County Attorney Thiele explained that it can always be dismissed later if necessary. The Board concurred. c. Reported that two weeks ago she met with property owners on L. L. Wallace Road regarding paving a road under the S.A.F.E. Program. Commissioner Kio-Green explained that something caught her attention and subsequently looked into two subdivisions on the road, both using Policy 2.1.9 subdivision process. She talked with staff and discovered that in one instance the subdivision was applied for by a woman who did not own the property in 1990 and there was an instance where the property that was sold prior to the subdivision being approved; in another instance, a property owner owned property but the transaction was very similar. She stated that she has been very careful in what she has told property owners in the subject area regarding irregularities. She stated that based on information she has gathered, there may be possible illegal or fraudulent uses of the County's ordinances (relating to creation of subdivisions), and has turned information over to the County Attorney. She stated that some property owners have raised questions and a meeting has been set up with them and the County Attorney for next Monday evening. The County Attorney will then inform the Board of the situation. Mr. Lex Thompson appeared and responded to Commissioner Kio- Green's comments. He stated that he has received calls from citizens in the subdivisions alleging that Commissioner Kio- Green has advised them that they were living in an illegal subdivision. Mr. Thompson stated that non of the subdivisions in the subject area are illegal; non of the subdivision lots are in his name; he contracted to buy the property subject to "hardship provision" 2.1.9 being approved; the property owners applied for the hardship provision 2.1.9 and staff approved the applications. Mr. Thompson stated that his attorney advised him that as long as the deed is held by an escrow agent and not turned over to him for recording until everything is done, then the transaction is consummated on the date that everything is in and approved. He explained that none of the deeds were recorded until all 2.1.9 applications were approved. Mr. Thompson stated that he has received calls from property owners asking why they have to move from their property. The Chairman closed discussion on this item at this time. d. Distributed a memorandum requesting the Board's support for her appointment as vice-chairmanship of the Board. COMMISSIONER JOANOS Commissioner Joanos announced that he had appointed Sparkey Hudleston to the MBE Committee to replace resigning member Lamar Bowdin. COMMISSIONER YORDON a. Reported that discussions have began with the Rich Family on Buck Lake Road on the Local Government Development Act and advised that he would keep the Commission posted. Commissioner Yordon stated that he hopes the results will include a regional holding facility and closed basin. b. Announced that he would be going to the School Board meeting to discuss the School Siting Partnership agreement and that he, Donna Harper (School Board member), and City Commissioner Lightsey had received unanimous approval from the City Commission of the three-member concept. COMMISSIONER DAVIS a. Reported that she attended the National Association of Counties 24th Annual Employment Policy and Human Services Conference in Orlando and that on January 24 a telecommunications conference will be set up nationally, and she will provide the Public Information Officer with information to see if Tallahassee could be a point in the hookup. b. Reported of upcoming block grant funding cuts and the new funding formula should be available in December. c. Reported that she conducted a presentation on Intergenerational Programs/programs to improve the health of the aging community. d. Advised of the PETS Program/Adopt a Pet for the older generation. e. Advised of a community meeting regarding the opening of the St. Marks Trail from Four Points up to FSU and Gaines Street, and concerns of citizens in the area will be addressed. f. Invited Commissioners to attend Thanksgiving meal at any of the sites from 11:00 a.m. until 2:00 p.m.; Bethel A & E, the Senior Center, the Salvation Army and Chez Pierre. COMMISSIONER HOST a. Advised that he recently met with the Volunteer Foreman and noted that the volunteer program in the community was outstanding. Commissioner Host also referred to the Volunteer Booth at the Courthouse and suggested that it be upgraded; a place is needed for brochures and the volunteers should be made comfortable. He requested that staff be permitted to look at the booth and determined how improvements can be made. b. Commended Commissioner Davis for her efforts with the City regarding human services. CHAIRMAN MALOY Announced that the Florida Association of Counties will be having a legislative conference Wednesday, Thursday, and Friday of next week. The Board wished everyone a Happy Thanksgiving Day. There being no further business to come before the Board, the meeting was adjourned at 6:45 p.m. APPROVED: Rudy Maloy Chairman ATTEST: Clerk of the Circuit Court