BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA REGULAR MEETING APRIL 30, 1996 The Board of County Commissioners of Leon County, Florida, met in regular session at 5:00 p.m. with Chairman Host presiding. Those in attendance were Commissioners Yordon, Joanos, Davis, Maloy, Kio-Green, and Thaell. Also in attendance were County Attorney Herb Thiele, County Administrator Parwez Alam, and Deputy Clerk Sandra C. O'Neal. The meeting opened with Invocation provided by the Reverend Brant Copeland of First Presbyterian Church at the invitation of Commissioner Thaell, followed by the Pledge of Allegiance to the Flag. PRESENTATIONS AND AWARDS Ms. Amanda Host, on behalf of the Tallahassee Symphony Orchestra, presented Chairman Host and the Board of County Commissioners with commendations for making Tallahassee-Leon County the British Olympic training camp site. Chairman Host presented the attached resolution in recognition of National Public Works Week, May 19-25, 1996. The Board was invited by representatives of National Public Works Association to a rodeo to be held on May 16, 1996, 12 Noon - 8:00 p.m., at Old Bainbridge Road Park. Mr. Tom McPherson, Chairman of the Transportation Management Association, made a presentation to the Board on behalf of "B-Bopp-To-Work Week," May 13-17, 1996. 1. RECOGNIZING EMPLOYEE OF THE MONTH The Board presented the attached resolution to Ms. Linda McCarthy, Program Director for Public Services, LeRoy Collins Leon County Public Library, as "Employee of the Month" for April 1996. 2. PROMOTIONS AND NEW EMPLOYEES FOR MARCH/APRIL 1996 Ms. Debbie Warren of the Human Services Department, introduced new Leon County employees for the months of March and April 1996: Lucy Shepard, Notcha Lockett, Kenneth Morrow, Duane Pace, Rachel Griswald, Theresa Harris, Samuel Mock II, Tiasha Grier, Georgina Medina, Charles Wu, Emmunella Lomothe, and Kenneth Rice. It was noted that Mr. Peter Zanoni was promoted to Management and Budget Analyst I in the Office of Management and Budget. CONSENT AGENDA Commissioner Maloy moved, duly seconded by Commissioner Kio- Green and carried unanimously, to approve the Consent Agenda as follows: 3. BILLS AND VOUCHERS SUBMITTED BY THE CLERK The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: (list) 4. MINUTES APPROVAL The Board approved the following Minutes: October 10, 1995; March 19 and April 9, 1996, Regular Meetings. 5. RATIFICATION OF ACTION TAKEN AT GREENWAYS WORKSHOP The Board ratified the action taken at the Greenways Workshop on April 9, 1996, as described in the attached agenda request: 6. FOLLOW-UP TO ECONOMIC DEVELOPMENT WORKSHOP At the workshop held on April 16, 1996, the Board discussed a draft economic development plan and many aspects of economic development. The discussion included the need to have coordinated economic effort in Leon County, the need for aggressive marketing, the need to have infrastructure to support economic development, the need to review what other communities are doing, and the need to focus on the strengths of the universities-including Innovation Park. The Board ratified Board direction given at April 16, 1996, Economic Development Workshop: To direct staff to work with Commissioner Joanos to develop a plan for Innovation Park to be presented for Board approval. 7. BID AWARD FOR UNIFORM RENTAL SERVICES The Board awarded the bid to Unifirst, the low bidder, for uniform rental services for Leon County employees who are required to wear uniforms; the Chairman was authorized to execute the agreement. 8. PLAT OF KINHEGA OAKS The Board approved the plat of Kinhega Oaks (a residential subdivision) and directed staff to proceed with recording in the Public Records of Leon County, and accepted a one-year maintenance agreement and surety device in the amount of $3,800, as recommended by the County engineer. 9. HOME GRANT FOR DISASTER RELIEF FUNDING CYCLE The Board accepted the grant from the Florida Housing Finance Agency in the amount of $446,250 and authorized the Chairman to execute the grant contract and documents. See attached agenda request: 10. FY 1996/96 GRANT BUDGET FOR THE HOME PROGRAM The Board approved the attached budget amendment request for the FY 1995/96 HOME program. The budget amendments will establish spending authority for the HOME programs which has funds to roll over from FY 1994\95 to FY 1995\96. 11. SCHEDULE PUBLIC HEARING FOR PLAN AMENDMENT SETTLEMENT AGREEMENT/SOUTHEAST SECTOR The Board scheduled the Settlement Agreement/Plan Amendment 95-1-015 Public Hearing for May 20, 1996 at 6:00 p.m. in the City Commission Chambers. 12. RESOLUTION FOR TEMPORARY ACCESS/CONSTRUCTION EASEMENTS FOR CENTERVILLE ROAD Public Works staff is moving forward with the contract for placement of box culverts under Centerville Road. A part of the project is to make modifications to two farm road crossings within the acquired drainage easement across Welaunee Planation (Powerhouse, Inc.). Temporary access and temporary construction easements are required for the project. An amendment to the petition for the eminent domain case against Welaunee Plantation (Powerhouse, Inc.) is necessary to secure temporary construction easements across Welaunee Plantation property. A resolution is needed from the Board for the amendment to the petition. Both the City of Tallahassee and Leon County staffs are scheduling culvert replacements at Shannon Lakes West, Shannon Lakes East and Centerville Road. Both staffs are attempting to negotiate with Welaunee Plantation for access. The Board adopted the attached Resolution (R96-09) which will allow the project to go forward if the two staffs are unable to negotiate the temporary access and temporary construction easement with Powerhouse, Inc. GENERAL BUSINESS 13. LAND DEVELOPMENT REVIEW AND FEE SCHEDULE RESOLUTION A resolution titled "Land Development Review and Approved Fee Schedule" is proposed to implement the streamlined Land Development Regulations Ordinance (No. 96-02). Mr. Gary Johnson, Director of Growth and Environmental Management Department, called attention to page 3 of 5 under III, Subdivisions and Site and Development Plans (B), Subdivision Exemptions items 1 through 6; and stated that the original scheduled amounts should be $50 less than indicated; the figures that are listed is what staff is proposing. Mr. Johnson explained that there is no net increase since other areas have been reduced. Mr. McDevitt, Growth and Environmental Management, explained the reduction of fees in other areas which offset the increases. County Administrator Alam indicated that if the issue is continued, a legislative format would be brought back showing the proposed fee and the current fee schedule. Commissioner Thaell requested that staff determine how other counties collect data on fee-support as opposed to ad valorem funding. Mr. Johnson explained that staff is currently attempting to obtain information, although it is difficult to obtain since operations and fee structures of other counties are vastly different. Commissioner Thaell indicated that he would like to see more burden placed on the users of this system rather than the general public. Mr. George E. Lewis, II, 203-6 Gadsden Street, appeared and referred to the legislative intent of the resolution, and indicated that there is an exemption provision in the prior resolution that is lacking in the proposed one. Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and indicated that in the past both exemptions and fee schedules have not always been adhered to, and suggested that it be further evaluated. Mrs. Lewis also referred to impact fees, the Board's approval of a plat presented by Mr. Leon Tulley on April 23rd, and alleged that "staff presented the ordinance in a different way than the intent" and that it involved "misrepresentation." Commissioner Kio-Green suggested that some of the proposed fees were out of line, but since the new land development regulation ordinance becomes effective at midnight tonight, it was necessary that fees be in place. Commissioner Kio-Green moved to adopt the attached Land Development Review and Approved Fee Schedule Resolution (R96- 11), with the understanding that a further analysis be brought back, at a later date, for more modification. Commissioner Yordon seconded the motion which carried 6 - 1 (Commissioner Joanos voted in opposition). The Board indicated that a workshop on the issue should be scheduled. Commissioner Joanos referred to comments made and stated that last week's discussions did not revolve around the issue of "trustworthiness," but rather the "interpretation of the law." 14. INCORPORATION OF WOODVILLE AS MUNICIPALITY/STRAW BALLOT The next item of business was consideration of a straw ballot for either the September or November elections on the incorporation of Woodville as a municipality. Mr. Dan McGee, resident of Woodville, appeared and presented a map of the area, and stated that the citizens in Woodville are desirous of incorporation so they can make their own decisions regarding taxes, utilities, etc., and can avoid further encroachment by the City of Tallahassee. Ms. Cindy Horne, citizen of Woodville, stated that the community wishes to enforce their "sense of community" in Woodville and move toward economic development. Ms. Horne explained that town meetings have been held, but felt the straw ballot will give a clear indication of the "will of the people." Commissioner Kio-Green indicated that there might not be true indications with a straw ballot unless other community meetings are held to give further information regarding rights and responsibilities of a municipality such as taxing, growth planning, fire protection, etc. Some Board members indicated that they would like to see a signed petition prior to having a straw ballot. Commissioner Davis moved and was duly seconded by Commissioner Kio-Green to approve Option 2: Direct the County Attorney's Office to draft a straw ballot on the incorporation of Woodville as a municipality, and authorize and direct the Supervisor of Elections to place the issue on the November 1996 ballot. Commissioner Yordon suggested that the residents conduct a town meeting with information provided on the pros and cons of incorporation, and then bring the issue back to the Commission. He explained that a petition was not as important to him as getting a sense of the community's feelings. Commissioner Yordon indicated that he would be willing to attend the town meeting. Commissioner Joanos offered a friendly amendment to "direct the County Attorney to draft a potential straw ballot on the incorporation of Woodville as a municipality, and upon final approval by the County Commission, and allow you (Woodville) two months to bring forth evidence that there is a need or a desire, and upon that final approval, direct the Supervisor of Elections to place the issue on the November 1996 ballot." Commissioner Kio-Green accepted the friendly amendment and requested that Mr. McGee/Ms. Horne get in touch with the League of Cities and others that may be able to provide detailed information; suggested that County budget staff help educate and participate in small group discussions so that residents understand some ramifications of incorporation. The motion carried unanimously. Chairman Host requested that when the language for the straw ballot is drawn up, that it not indicate competition with the City of Tallahassee. The Board asked that they be notified of the town meeting. Chairman Host restated the motion and the friendly amendment: "direct the County Attorney to draft a potential straw ballot on the incorporation of Woodville as a municipality and authorize the group to spend 60 days, bringing back, having a public hearing, bringing that back, and then upon final approval of the Board, to authorize and direct the Supervisor of Elections to place the issue on the November 1996 ballot." The motion carried unanimously. Mr. McGee invited the Board to participate in the Woodville Methodist Church Centennial Celebration this weekend. 15. RANKING OF FIRMS FOR GRANT WRITING SERVICES RFP Commissioner Yordon moved and was duly seconded by Commissioner Thaell to authorize the County Administration to seek to negotiate a contract with Langton Associates as the top-ranked respondent to the Request For Proposal (RFP); in the event of a failure to negotiate a satisfactory contract, staff would undertake negotiations with the second or third ranked firms as provided by the RFP. The Board agreed that the appropriate time to review the option of in-house grant writing versus RFP would be during budget workshops. The motion on the floor carried 5 - 2 (Commissioners Host and Kio-Green voted in opposition). 16. APPOINTMENTS TO FORT BRADEN COMMUNITY CENTER BOARD OF DIRECTORS Commissioner Kio-Green reappointed Charlotte Cooksey. Commissioner Joanos reappointed Roy Grissett. Commissioner Yordon reappointed Myrtle Prosser. Commissioner Maloy reappointed Jane Sauls. PUBLIC HEARING 17. PUBLIC HEARING - GROVELAND HILLS DRIVE PAVING PROJECT Pursuant to legal advertisement, the final public hearing was conducted on the special improvement assessment roll for Groveland Hills Drive. Special improvements to Groveland Hills Drive were implemented under Leon County Ordinance 82- 45. The paving of this road has been completed. During the April 9, 1996 meeting the Board approved the special improvements assessment roll for the project and authorized staff to schedule the final public hearing for April 30th. Mr. William T. Chapman, 1103 Missionwood Lane, appeared and explained that he opposed the project in December of 1992, at which time he initiated a lawsuit. He alleged that the resolution is not accurate in that it states that there was no opposition to the project. The County Attorney advised that the final resolution would not contain that language. Mr. Chapman explained that his sister, Jane Latina, has access to her lot from Buck Lake Road, but has had no access provided from Groveland Hills Drive, and has been assessed the full share of the cost. He referred to other areas of the project which he did not feel was equitable, and requested that the Board table this issue and verify his allegations. Mr. Eugene Sadler, 642 Groveland Hills, explained that over the years he has actively pursued the project, he and others in this endeavor followed the guidelines under Leon County Ordinance 82-45 (two-thirds, two-thirds paving ordinance). He explained that the majority of people in the area agreed to be assessed on the "per lot basis" (per share) rather than the front footage assessment. Mr. Sadler explained that one property owner, Mr. Bob Brown, does not actually have front footage on Groveland Hills Road but lives on a road that runs off of Groveland Hills Road, and was not assessed any costs. Mr. Sadler stated that at one time Mr. Brown indicated that he would be willing to pay a full share of the cost since he uses the road. Commissioner Yordon explained that he would approach Mr. Brown on this issue. Mr. Jerry Miller, 462 Groveland Hills, explained that he purchased the property after the process began and that he gave up ten extra feet of his property so that a portion of the property across the street would not have to be condemned. He stated that he believes certain things that were to have taken place during construction were not done; such as extending pipes down to the railroad right-of-way, placement of a barrier (architectural design) to prevent the public from accessing Piney Z from the railroad, addressing erosion, etc. The Board explained that the road will be maintained by the County from now on, and some of the issues would be addressed. Commissioner Yordon advised Mr. Miller to call his Aide to scheduled an appointment; he will be willing to look at the situation and bring back the issues to the Commission. Mr. Fred White of 1512 Groveland Drive, appeared and explained that he did not vote in favor of the road, but commended the work done on the road. Mr. White stated that the cost is above what was originally stated and urged the Board to continue this issue to address various problems. He circulated a copy of the original petition and the petitions of persons objecting to the paving. Ms. Elizabeth Beck, 175 Dawn Lauren Lane, appeared and explained that she does not live on Groveland Hills but owns land on the road, and signed the original petition. She stated that at the time, she was not aware that her property would be assessed. Commissioner Yordon moved and was duly seconded by Commissioner Joanos to approve Options 1 and 2: Conduct the final public hearing, and adopt the attached resolution (R96- 10) imposing Special Improvement Assessment Liens. Commissioner Thaell requested that paragraph seven be deleted: "Whereas, there having been no objections or defenses filed or presented to the Board regarding said assessments." The Board concurred. The motion on the floor carried 6 - 1 (Commissioner Kio-Green voted in opposition). COUNTY ATTORNEY Referred to his memorandum regarding McCollum v. Leon County which involves a false imprisonment case of the Sheriff's Department. The County Attorney recommended that the County not accept the settlement offer of $100,000. Commissioner Yordon moved, duly seconded by Commissioner Thaell and carried unanimously, to accept the County Attorney's recommendation to decline the settlement offer. COUNTY ADMINISTRATOR At the request of the County Administrator, Public Information Officer Catherine Arnold-Sportelli provided an update on Legislative Priority Issues. Commissioner Yordon encouraged the Board to contact Senator Thomas, Representative Turnbull, and the local delegation urging them to continue pursuing the $400,000 for JARC. He requested that Ms. Arnold-Sportelli provide a list of the committee members. Commissioner Maloy urged the Board to contact their representatives urging them to support the "Presumption of Correctness" House Bill. CITIZENS TO BE HEARD Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared before the Board on various issues including a recent press conference called by Commissioner Kio-Green. DISCUSSION ITEMS BY COMMISSIONERS COMMISSIONER DAVIS a. Announced that visitors from Ecuador will be discussing the diminishing rain forests in Ecuador on CNN next Saturday. The Board adopted a resolution for the visitors. b. Requested that citizens be aware of the employment situation at Quincy Farms. COMMISSIONER KIO-GREEN a. Reported that she has received complaints about the "inconvenient" location of the recycling containers at the Fort Braden roll-off site, and asked that it be reconfigured to make it more accessible. Commissioner Kio-Green also asked that staff look into posting signs at the roll-off sites informing the public of the cost savings realized with recycling versus "throwing away." She also reported that she still hears reports of people outside the County using the roll-off sites, and asked that staff consider using the same system used at Woodville at other sites. b. Referred to attached memorandum from the County Attorney dated April 25, 1996, regarding the lien on the Woodmont Pond property. Commissioner Kio-Green referred to Board action on February 13, 1996 and her "friendly amendment" that the County Attorney provide information on "legal ownership rights." The Board requested that this information be provided on May 14, 1996 as an agenda item. The County Attorney will take no action on the foreclosure in the interim. COMMISSIONER MALOY Expressed appreciation to Ms. Catherine Arnold-Sportelli for her hard work during this Legislative session and to the County's lobbyist for having been accessible. Commissioner Maloy requested that a final report be provided at the end of the session COMMISSIONER THAELL a. Referred to his memorandum dated April 29, 1996, on Old Magnolia Road. Commissioner Thaell reported that he has asked Public Works to work with him in producing an alternative design that would possibly lower speed limits and reduce the number of curves, in order to save more trees. The Board concurred. b. Commissioner Thaell proposed a policy revision for pulling Consent Agenda items from the agenda as explained in his memorandum dated April 29, 1996. This would involve a deadline for pulling items from the agenda and a requirement that it be done in writing. The Board took no action on this issue, although Chairman Host stated that more attention would be given to the scheduling of the Consent Agenda. COMMISSIONER YORDON Stated that the County Administrator and the County Attorney have been publicly accused of certain offenses by Commissioner Kio-Green. He stated that he wishes to communicate to the public that certain views expressed by Commissioner Kio-Green are not shared by the entire Commission. Commissioner Yordon stated that he feels that staff did nothing inappropriately and that he fully supports the County Administrator and the County Attorney. Chairman Host referred to a press conference called by Commissioner Kio-Green and recommended that protocols for expressing concerns a commissioner might have should be developed so that there would be a process to resolve those concerns. He suggested that the County Administrator and the County Attorney determine what other counties are doing and formulate a process that commissioners will be comfortable with. Commissioner Kio-Green responded by stating that this is the first time that she has called a press conference and that she is aware of numerous times that commissioners have called press conferences. She advised that in doing so, she was acting in her individual capacity as an elected official. Commissioner Green further stated that she has initiated conversations regarding information lacking on certain items, and advised that the commissioners can only hold two individuals responsible, the County Attorney and the County Administrator. The Board entered into some discussion regarding the previous plat approval of Mr. Leon Tulley. Commissioner Kio-Green advised that certain information from staff was incorrect, and that she hopes that there will be investigation on certain issues. Commissioner Thaell stated that if there are allegations against the County Attorney and the County Administrator, it should be brought to the Board for a full and complete understanding. Commissioner Thaell stated that he had no reason to doubt the competency and integrity of Senior staff. Commissioner Joanos voiced objection to a commissioner making public allegations. Commissioner Maloy expressed confidence in the County Administrator and the County Attorney. The Board took no action on the issue. CHAIRMAN HOST a. Announced that the County Home Page now carries hurricane warnings and commended those who designed the addition. b. Requested adoption of a resolution for "Small Business Development Week" and the Board concurred. c. Announced that this weekend the opening song for the Kentucky Derby will be "My Old Kentucky Home." There being no further business to come before the Board, the meeting was adjourned at 9:00 p.m. APPROVED: Bruce J. Host Chairman ATTEST: Clerk of the Circuit Court