BOARD OF COUNTY COMMISSIONERS
LEON COUNTY, FLORIDA
REGULAR MEETING
AUGUST 27, 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, Maloy, Kio-Green, Davis, 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

Invocation was provided by Commissioner Davis followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

The following Retirement Resolution was presented to Ms. Shelba Pullen for her outstanding 28 years of service to Leon County, serving in the Health Unit and the Mosquito Control Divisions:

CONSENT AGENDA

Commissioner Yordon moved, duly seconded by Commissioner Davis and carried unanimously, to approve the following Consent Agenda with the exception of Item 8 which was addressed as described:

1. BILLS AND VOUCHERS

The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: ($2,421,214.41)

2. MINUTES APPROVAL

The Board approved the Minutes of July 16 and 30, 1996, Regular Meeting.

3. BUDGET AMENDMENT/TRAINING RESERVE/QUALITY INITIATIVES

The Board approved the attached budget amendment request transferring $58,822 from the Reserve for Training to pay billings under the contract for Quality Improvements Initiatives Consulting/Training with Quantum Performance Group, Inc.

4. JTPA FUNDING FOR 1996

The Board approved the attached budget amendment for the Department of Job Training which incorporates new Job Training Partnership Act (JTPA) funding for the 1996 activities. The Board approved the program mix outlined in the agenda request and the attached budget amendment:

5. CONTRACT MODIFICATION AND BUDGET AMENDMENT/PAXEN GROUP

The Board approved the attached contract modification with the Paxen Group (Department of Job Training) and the attached budget amendment to provide funding for the modification:

6. CONSULTANT SERVICES FOR 1997 LEGISLATIVE SESSION

The Board extended the contract for lobbying services with the Commerce Group (Pamela Burch Fort and Patrick Lee Thomas, principals) to represent Leon County for the 1997 Legislative Session. The contract shall be for September 1, 1996 to October 1, 1997, at the level of $2,083.33 per month/$24,999.96 per year.

7. HISTORICAL LEON COUNTY COMMISSION PLAQUE

Staff was directed to proceed with the development of a proposed historical plaque and approve the expenditure of up to $2,000, and approve the attached budget amendment and contingency fund transfer. (A plaque would be developed that would commemorate those who have served as Leon County Commissioners since the inception of County government. It would cover 150 years of service, 135 names and dates of service reflected for the years 1845 through 1995. A second companion plaque would be developed that would carry forward from 1995 with names being added as each Commissioner retires.)

8. LEON COUNTY, FLORIDA VS. GOTTA GO EXPRESS COACHES, GELCO LEASING COMPANY, AND GEORGE MOROSKI

During the weekend of July 29, 1995, a van transporting a youth group backed into a light pole in the parking lot of the Leon County Public Library resulting in damages of $871.64 to replace the light pole. (The van is owned by GELCO Leasing Company, leased by Gotta Go Express Coaches, and was driven by George Moroski.) Efforts to reach the parties have been unsuccessful and staff is seeking direction on whether to file suit against the parties. Commissioner Kio-Green pulled this item and stated that an insurance claim has been filed and a settlement may be pending.

Commissioner Yordon moved, duly seconded by Commissioner Kio-Green and carried unanimously, to direct the County Attorney to file suit if payment to the County has not be made by the last calendar date in September.

9. PURCHASE OF ONE BOOM MOVER, BID NO. BC-4-24-95-41

The Board approved an alternate bid and awarded the purchase of one boom mower for Mosquito Control Ditch Maintenance Program to Ford New Holland of Tallahassee, Inc., at a cost of $11,600. (The low bid from Motrim South, Inc., did not meet the standards set by the specifications.)

10. PURCHASE OF ONE 13D5 HORSEPOWER MOTOR GRADER

The Board awarded the bid (No. BC-04-10-96-25) for the 135 horsepower motor grader to Flint Equipment Company at a cost of $111,800 (a net cost to Leon County of $38,460 after buy back) for Division of Operations Transportation Maintenance Program.

11. RENEWAL OF SECURITY CONTRACT FOR COURTHOUSE AND LIBRARY

The Board approved the security contract extension with Securex for the Library and Courthouse at a cost of $42,227.74 for the Courthouse and $27,307.80 for the Library per renewal period of 10/1/96 - 9/30/97.





12. FUNDING FOR YOUTH PROGRAM

The Board approved the funding for the youth organizations to be dispersed from the Community Services Trust Account: Tallahassee Senior Major League - American $500; Tallahassee Senior Major League - National $500.

13. TAX COLLECTOR'S RECAPITULATION OF THE 1995 TAX ROLL

The Board approved the attached certification of the recapitulation of the 1995 Tax Roll which entitles the Tax Collector to credit the tax assessment roll accordingly. (The recapitulation is the reconciling document which balances the tax roll as a result of errors, including insolvencies and double assessments, litigation discounts, penalties, and additions which are discovered during the tax collection period.)

14. COURT REPORTER GRANT-IN-AID

The Board accepted the Grant-In-Aid from the Office of the State Courts Administrator in the amount of $81,668.51 for official court reporter salaries and travel expenses, and create a single account in Leon County to manage the grant funds. See attached budget amendment:

15. RATIFICATION OF BOARD ACTION AT MANUFACTURED HOME STANDARDS CITIZENS COMMITTEE WORKSHOP

The Board ratified the actions taken at the workshop held on July 30, 1996 as described in the attached agenda request:

16. GROWTH AND ENVIRONMENTAL MANAGEMENT COST/FEE ANALYSIS AND LAND DEVELOPMENT REVIEW/APPROVAL FEE SCHEDULE MATRIX

The Board ratified the previous Board action from their workshop on the Growth and Environmental Management Cost, and Fee Analysis and Land Development Review and Approval Fee Schedule Matrix including the proposed overall work plan to review and analyze the current cost and fee structure of the Department. See attached:

17. RATIFICATION OF WORKSHOP ON CHANGES TO COUNTY'S CONCURRENCY MANAGEMENT SYSTEM POLICIES AND PROCEDURES MANUAL (CMSPPM)

The Board ratified its previous action from their workshop on the County's CMSPPM and directed staff to proceed with processing the revisions to the Concurrency Management Ordinance for Planning Commission consistency review and Board adoption at a public hearing. Also, subsequent to the adoption of the proposed Concurrency Management Ordinance amendments, the Board directed staff to agenda the revised CMSPPM for adoption by the Board.

Two major policy changes to the CMSPPM were recommended by the Board at the July 23, 1996 workshop:

1) Eliminate the option of delaying a concurrency management review until the receipt of a preliminary development order. This proposed change will require revisions to the County's Concurrency Management Ordinance at Section 10-140(b).

2) Implement a Preliminary Certificate of Concurrency to be issued upon the receipt of a preliminary development order approval. This certificate would be used to reserve concurrency facility capacity for a time certain until the applicant completes the final development order review and approval process.

18. AGREEMENT FOR CONFLICT ATTORNEY LEGAL SERVICES FOR PUBLIC DEFENDER CONFLICT CASES/TRAFFIC AND MISDEMEANOR

The Board approved the contract with Danielle Jorden (Conflict Attorney) to provide legal services for the Public Defender conflict cases for misdemeanor and traffic (cost per case is $225.)

19. BRADFORDVILLE/BANNERMAN ROADS INTERSECTION IMPROVEMENT/ RIGHTS-OF-WAY ACQUISITION

The Bradfordville Road/Bannerman Road Realignment Project is ready for acquisition of rights-of-way and easements to begin. The Board approved the following Options 1, 2, 3, and 4:



1) Authorized staff to extend offers to purchase, negotiate and use the power of eminent domain to acquire rights-of-way and easements necessary for realignment of the Bradfordville Road/Bannerman Road Intersection.

2) Authorized staff to accept and record deeds and easements specific to realignment of the Bradfordville Road/Bannerman Road intersection.

3) Adopt the attached Right-of-way Resolution (R96-19).

4) Authorized staff to transfer required right-of-ways and easements to FDOT.

20. PROPOSED CHANGES TO POLICY 2.09/PROCUREMENT OF PAPER PRODUCTS

On June 23, 1992, the Board adopted Policy 2.09 establishing a time frame to increase the amount of office paper products from recycled content paper stock. The County's goal was to purchase a minimum of 90% recycled content paper stock in fiscal year 1995-96.

The Board adopted the attached revised Policy 2.09, Procurement of Paper Products to include minimum postconsumer recycled paper content standards:

21. SCHEDULE PUBLIC HEARING TO APPROVE ANNUAL DISPOSAL CHARGE FOR THE SOLID WASTE NON-AD VALOREM SPECIAL ASSESSMENT

The Board scheduled a public hearing for September 10, 1996 to continue the Annual Disposal Service Charge.

22. GATESHEAD CIRCLE PAVING REQUEST

The property owners along Gateshead Circle (High Halden, unrecorded) have submitted a paving petition for presentation to the Board. (Gateshead Circle is a private paved street located in Section 27, Township 1 North, Range 2 East; it connects to Buck Lake Road Intersection.) Improvements would consist of resurfacing the street, shoulder repair, and drainage system improvements. The estimated cost of the improvements are $91,500. The petitioners request that the cost be divided equally among the number of lots which equates to a per lot assessment of $5,000. Staff has reviewed the petition and has determined that it meets the requirements of Section 16-28 of the Code of Laws.

The Board accepted the petition and authorized staff to begin right-of-way and easement acquisition.

23. SOUTHEAST SATELLITE OFFICE COMPLEX PROPOSED ALTERNATE TRANSPORTATION PROGRAM

Staff is seeking to proceed with the Florida Institute for Marketing Alternative Transportation (FIMAT) and staff's recommendations for the Capital Circle Office Center (formerly Southeast Satellite Office Complex) Alternative Transportation Program (ATP). The Board granted approval to implement Phase III - Shuttle Operations, and granted approval to implement the recommendations listed above in the analysis portion of this agenda item. See attached:

24. JOINT CITY/COUNTY SIDEWALK PROJECT/CRAWFORDVILLE HIGHWAY

On May 21, 1996, the Board directed staff to proceed with the conceptual planning and design of the County's portion of the Crawfordville Road joint City/County sidewalk project. It was agreed that the City would provide the planning and design service. The Board approved the lump sum payment of $74,346.98 to the City of Tallahassee for construction of the sidewalk.

GENERAL BUSINESS

25. DESIGN OF NEW FACILITIES MANAGEMENT OFFICE & STORAGE BUILDING

Commissioner Yordon moved, duly seconded by Commissioner Maloy and carried unanimously, to approve the site plans, building elevations, and floor plans as proposed by the design-build team (Architect-Welch & Ward Architects, Inc.; Engineer-Moore, Bass & Bibler, Inc; Contractor-Pro-Steel Buildings, Inc.) for the new Facilities Management Office and Storage Building. The new 10,000 foot office and storage facility will be constructed on County-owned land at 1907 South Monroe Street.

26. PROPOSED AGREEMENT BETWEEN THE CITY, LEON COUNTY, POWERHOUSE, INC., AND HOLY COMFORTER EPISCOPAL CHURCH AND DAY SCHOOL

Commissioner Joanos moved and was duly seconded by Commissioner Thaell to approve the Planning Agreement between the City of Tallahassee, Leon County, Powerhouse, Inc., and Holy Comforter Episcopal Church and Day School. This involves an agreement whereby Holy Comforter has agreed to purchase property from Powerhouse (known as Welaunee Plantation) for construction of a school. The Welaunee Plantation property is subject to planning requirements under the Tallahassee-Leon County 2010 Comprehensive Plan and land development regulations of the City and the County. See attached agreement:

Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and presented an article from the Newton Herald regarding toxic sprays in powerline easements.

The motion on the floor to approve the attached Planning Agreement carried 6 - 1 (Commissioner Kio-Green voted in opposition:)

27. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HAZARD MITIGATION FUNDS PROGRAM PRIORITIZATION LIST

Commissioner Kio-Green moved, duly seconded by Commissioner Thaell and carried unanimously, to acknowledge and approve Mr. Tom Jackson's continued participation in the Hazard Mitigation Program (Mr. Jackson is an employee of Leon County), and approve the attached Prioritization List which includes combining items 15 and 35 on the list. Items 15 and 35 on the list are adjacent properties owned by Mrs. Berry and are located on Mahan Drive. The projects are as follows:

1) Home acquisition, elevation, floodproofing various locations - $1,960,000;

2) Home acquisition, elevation, floodproofing - Woodville - $490,000;

3) Home acquisition, elevation, floodproofing - Liberty Ridge - $1,960,000;

4) Lake Munson Stormwater Management Project - $1,960,000.

28. REQUEST FROM OJISAN FOUNDATION FOR THE ARTS, INC. FOR WAREHOUSE SPACE AT THE AMTRAK STATION

The Ojisan Foundation for the Arts has submitted a request for space at the Amtrak Station in order to house the Ojisan Community School of Arts. This request is subject to the receipt of a grant $489,000 which has been requested from the Division of Historical Resources, and Board approval. County Administrator Alam explained that staff has also applied for state funding for two projects, Ojisan and the Community Center at Fort Braden. He stated that it is unlikely that both projects will be funded since both grants are from the same applicant, and that Fort Braden grant would be more likely of the two grants to be approved by the State. The Board indicated that they do not wish to jeopardize the Fort Braden grant and that it should receive priority.

Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and stated that the Amtrak site and surrounding area should be protected since it is a historical site.

Mr. Don Schneider of Ojisan, 2815 Diamondhead, appeared and stated that Ojisan is a Southside program for both children and adults. He urged the Board to provide space for the project.

Commissioner Davis suggested that staff talk with the City about the possibility of using the old Tobacco (Cigar) Company for housing Ojisan while attempting to obtain a grant.

Following some discussion, Commissioner Kio-Green moved, duly seconded by Commissioner Yordon and carried unanimously, that staff be directed to immediately look at some alternative location within City or County inventories for temporary housing of the Ojisan Foundation until permanent quarters can be located; that the County work with City staff in this endeavor, and continue pursuit of a grant for Ojisan, and to approve Option 4: Direct staff to give the Fort Braden application priority in pursuing the grant for this year.

29. FY 1996-97 S.A.F.E PROJECT REVIEW

The Board was requested to review their actions taken at the budget workshops on sunsetting of the S.A.F.E. Program.

Mr. Sterling Harrison, III, 1944 Raymond Tucker Road, appeared and stated that he was told that his road would be paved in 1992. Commissioner Yordon stated that the residents agreed to the paving but it was the out-of-town developer who did not agree. During the last year or two, the developer has agreed to the paving and is the reason the road is now on the list..

Commissioner Kio-Green moved, duly seconded by Commissioner Yordon and carried unanimously, to approve staff's recommendation Options 1, 2, and 3:

1) Keep the S.A.F.E. Construction C.I.P. as budgeted and the project priority as directed by the Board.

2) Fund the remaining viable projects by extending the S.A.F.E. Construction C.I.P. in FY 1997/98 at $120,000 and FY 1998/99 at $150,000.

3) Allow staff the flexibility to reorganize the projects as right-of-way acquisition and permitting progresses.

See attached agenda request:

30. APPOINTMENTS TO BIG BEND HEALTH COUNCIL AND CODE ENFORCEMENT BOARD

Big Bend Health Council - Commissioner Kio-Green appointed Judith Greenwald.

Code Enforcement Board - Commissioner Maloy reappointed Glenn Brown; Commissioner Joanos continued his appointment until September 10, 1996. Commissioner Kio-Green reappointed Jeff Blair.

DISCUSSION ITEMS BY COMMISSIONERS

(This section was taken up prior to the public hearing at 6:00 p.m.)

COMMISSIONER THAELL:

Invited Commissioners and the community to a conference which the Millennium Project is hosting with the U.S. Housing and Urban Development. The purpose of conference is to inform participants about resources HUD has for promoting affordable housing.

The conference will be held September 4 and 5, 1996 at the Capital Inn on Apalachee Parkway. The Chairman asked that a memorandum be provided outlining the details.

COMMISSIONER KIO-GREEN:

Requested that an agenda item be brought forward regarding interest rates charged by car title loan "sharks." Commissioner Kio-Green circulated a newspaper article on car pawn scams and referred to a Bill that was passed last session which provides for local government to regulate this type of practice. The Board concurred that this item be placed on the agenda.

COMMISSIONER DAVIS:

a. Announced that she had appointed Loretta Cooper, Management Analyst with DOT, to replace Carolyn Cummings on the Housing Finance Authority.

b. Requested that an agenda item be brought forward on a funding request from the Haitian Cultural Club. Commissioner Davis advised that six Haitians mayors and two coordinators will be coming to Florida in October for training.


Commissioner Thaell recommended the alternative of sending a letter, with the Chairman's signature, to Governor Chiles requesting funding for this activity and that a letter also be sent to U.S. State Department in Washington D.C. The Board concurred with Commissioner Thaell's suggestion.

COMMISSIONER YORDON:

a. Asked the Board to look at the realignment of a road located in the Brookwood Subdivision and that this matter be placed on the agenda for September 10, 1996. The Board concurred. (It was noted that this is part of the Miccosukee project.)

b. Requested that the Board consider funding $24,000 Teen Court from the human services fund, and that this item be placed on the September 10, 1996 agenda. The Board concurred.

CHAIRMAN HOST:

a. The Board concurred that the Chairman send a letter to the Mayor requesting that he appoint a City Commissioner to represent the City in working with the Chairman to negotiate a resolution to solid waste/disposal issues.

b. Announced that the Public Defender's office has requested additional security on the fourth floor. Chairman Host asked the County Administrator to look into this matter and contact Ms. Daniels, Public Defender, and Mr. Meggs, State Attorney.

c. Reported that he was in receipt of a letter from FSU President D'Alemberte, announcing that demolition has begun on Gaines Street, and that there is a projected completion date of September 28, 1996 for FSU's new intramural ball field.

d. Chairman Host thanked the Commission for the flowers they sent due to the recent demise of his Uncle.

e. Wished the best to the incumbents on the upcoming election and a happy Labor Day.

PUBLIC HEARING

31. PUBLIC HEARING - TALQUIN ELECTRIC'S APPLICATION FOR WATER SERVICE FRANCHISE FOR EMERALD ACRES PHASE 2, PROPOSED EMERALD ACRES PHASE 3, AND ADJACENT PROPERTY ON THE EAST SIDE OF CRUMP ROAD

Pursuant to legal advertisement, a public hearing was conducted on the application filed by Talquin Electric Cooperative for authorization to expand its existing water franchise area in order to extend water service to properties in the existing subdivision of Emerald Acres Phase 2, the proposed Emerald Acres Phase 3, and adjacent property of the east side of Crump Road.

No one appeared in favor of or in opposition to the request.

Commissioner Kio-Green moved, duly seconded by Commissioner Maloy and carried unanimously, to approve the pre-application as requested.

32. PUBLIC HEARING - PRE-APPLICATION BY TALQUIN ELECTRIC FOR A WATER SERVICE FRANCHISE AREA FOR THE PROPOSED MALLARD POND SUBDIVISION ALONG WITH PROPERTIES ALONG SERNA DRIVE

Pursuant to legal advertisement, a public hearing was conducted on Talquin Electric's application to expand its existing water franchise area in order to extend water service to properties along Serna Drive.

Chairman Host presented an exhibit by the homeowners in the area and a letter from Mr. Jim Stolz representing Quail Valley Residents to be a part of the record. The exhibits indicate objection to the application for water service to the proposed subdivision of Mallard Pond.

For the record, Chairman Host stated that under the current law the subdivision can be constructed without water or sewer at this time. He stated that there is a misconception that the subdivision is being driven by the water issue, which is not the case.

A staff representative explained that the lots being proposed are an average of two acres is size, that the wetlands are being reviewed by the environmental compliance staff, and that the issuance of permits for septic tanks would have to be reviewed by the Health Department.

The following citizens appeared:



Mr. Jim Stolz, 4897 Quail Valley Road, stated that there is no Mallard Pond Subdivision and that there is a "limited partition" subdivision under review by the Department of Growth Management. He stated that the extension of water service under a "limited partition" is a violation of the code; that residents are satisfied with private wells. Mr. Stolz advised that Quail Valley has an average lot size of 4.9 acres and the proposed subdivision proposes much smaller lots sizes.

Mr. Mark Stamps, Talquin Electric, stated that the subject area is inside the urban service area and if water is extended, it has to meet fire flow standards. He explained that Talquin is not looking to extend water as a result of this limited partition, however the Board has a policy that before a subdivision or a Type B site plan review process can be approved, the County must approve the water franchise. He further stated that Talquin is applying for a water franchise on lot number 4 and there are tentative plans in the future to go through a subdivision review process. Mr. Stamps explained that approval of the water franchise does not allow the water line to be constructed, but only gives the franchise rights. He stated that the subdivision (Mallard Pond) cannot be approved unless the County first grants the water franchise application.

Mr. Marion Cooper, 6103 Quail Valley Road, stated that the project is circumventing the normal process for subdivisions. He indicated that the number of lots has not been specified in the proposed development and stated that the lot sizes should be consistent with those in the neighborhood.

Mrs. Clifton Lewis, 3117 Okeeheepkee Road, requested that environmental staff investigate utility lines for possible use of toxic sprays.

Ms. Patricia Shoemaker, 6835 Seabiscuit Trail, appeared and stated that the proposed development plans will allow lot sizes of one acre or less, which will destroy the type of atmosphere that currently exists in Quail Valley.

Ms. Kathy Archibald, 7100 Roberts Road, President of Centerville Rural Community Association, appeared and stated that the residents are attempting to preserve the rural nature of the area.

Ms. Archibald stated that there will be an upcoming request in the Comprehensive Plan review to take the subject area out of the Urban Service Area. She stated that area residents do not wish to have urban services such as water service.

Ms. Randie Denker, 7600 Bradfordville Road, appeared and referred to the Florida Administrative Code, Chapter 2530 indicating that a need for the (water) service has to be demonstrated, and stated that there is no such need.

Ms. Pamela Hall, 1252 Quail Valley Road, appeared and echoed comments of the other residents, indicating that the proposed development is not consistent with the adjoining area. She stated that she obtained relative information on the Internet and suggested that a flow chart would be useful. The Board indicated that a flow chart would be placed on the Home Page.

Mr. Dean Dugger, 5267 Quail Valley Road, stated that he is an adjacent landowner to the proposed project. He circulated information and indicated concern regarding the proposed development.

Following a lengthy discussion, Vice-Chairman Yordon assumed the Chair, and Commissioner Host moved to deny, for the moment, the application of Talquin Electric, and stated that once the property is developed, Talquin has the opportunity to came back and ask for the franchise; this allows the neighbors to have a better sense of understanding of how this area will be developed. Commissioner Kio-Green seconded the motion which carried 6 - 1 (Commissioner Joanos voted in opposition).

Commissioner Thaell requested that a copy of the upcoming Comprehensive Plan amendment on reduction of the Urban Service Area be provided to the Board members.

33. PUBLIC HEARING - GREENWAYS AND LAKES REFERENDUM

Pursuant to the following legal advertisement, a public hearing was conducted on a proposed ordinance which extends the existing levy of a one-cent local government sales surtax for a period of two years.

This is for funding projects related to restoration of Leon County lakes and for acquisition of land for greenways and related park development. The extension would have to be approved by the voters of Leon County in a referendum.

Commissioner Yordon indicated that due to action by the City, it appears that the issue would not go on the November ballot but would be placed on the February 1997 ballot. Commissioner Yordon stated that he also supports extending the sales tax until 2020 for funding road construction but he would like to discuss, with the City, the future of the road money.

Commissioner Yordon moved to reject the ordinance before the Board and instruct the County Attorney to advertise a new ordinance placing the issue on the February election ballot, and to immediately meet with the City Commission and help them to understand exactly the process the County is going through, and to sent a message to the Planning Department that they provide each City Commissioner the list of greenways and park projects that already exist. Commissioner Davis seconded the motion.

Commissioner Kio-Green stated that she does not support language in the ballot "as well as related park development" and suggested that it would be a mistake to add parks to the language when projects have not been identified. Commissioner Thaell agreed. Commissioner Kio-Green also stated that "water quality of Leon County lakes" or "lakes restoration" should be included in the ballot language. Chairman Host stated that ballot language should state "projects to improve the quality of Leon County lakes and the acquisition of land for Greenways". . . etc. Commissioner Yordon stated that language formulated by the group involved in this issue will present it to the County Attorney's Office for consideration. County Attorney Thiele explained that he would re-work the language which would partly be determined by the outcome of City/County discussions of this issue. Commissioner Kio-Green stated that this should be limited to Capital projects, yet the language includes "operations and maintenance." she recommended that this be removed. Commissioners Yordon and Thaell concurred.

Following discussion, the motion on the floor carried 6 - 1 (Commissioner Joanos voted in opposition).

(Commissioner Kio-Green left at approximately 6:55 p.m.)

Mr. Tyler Macmillan, 741 Litchfield Road, appeared and referred to newspaper articles regarding this issue and made comments regarding economic issues as it relates to lakes and greenways. He stated that the Chamber of Commerce opposes the tax because it takes lands off of the tax rolls. Mr. Macmillan stated that property values are enhanced if they are located near lakes and greenways.

Mr. Ken Williams, 917 Summerbrooke Drive, member of the Chamber of Commerce, appeared and stated that the Chamber is not "flat out" opposed to a sales tax for lake restoration but indicated that they need to know how those dollars will be spent. He suggested that lake restoration and transportation be combined and a long-range plan be developed.

Commissioner Thaell suggested promoting a process where the people who have organized for this campaign, and someone from the City and the County meet on a regular basis, and bring back specific language and concepts for running this campaign.

Mr. Will Abberger, 382 Castleton, representing an informal group of citizens in Leon County who support the proposed tax, appeared and indicated his support for conducting the referendum in February 1997.

Ms. Mary Ann Koos, 389 Castleton Circle, chair of the Bicycle Pedestrian Advisory Committee, urged the Board to not move forward with transportation issues before working on the greenways. Commissioner Yordon explained that the referendum will involve lake restoration and greenways, and there will be discussions on whether or not to add roads (transportation) to the issue.

Mr. Helge Swanson, 834 Watt Drive, appeared and spoke regarding lakes and greenways. He stated that he is member of a citizens ad hoc group that is planning a broad citizen-based educational informational program on this issue.

Ms. Kathy Baughman, 2309 Killearn Center Blvd., appeared and thanked the Board for waiting until the February referendum which will afford time for the educational process.

34. PUBLIC HEARING - ABANDONMENT OF RIGHT-OF-WAY FOR CYPRESS LANDING ROAD

Pursuant to the following legal advertisement, a public hearing was conducted to consider the abandonment of Cypress Landing Road.

Commissioner Yordon moved and was duly seconded by Commissioner Thaell to approve the application to abandon Cypress Landing Road (approving the attached Abandonment Resolution R96-17) contingent on dedication of a new park, and 60-foot right-of-way for Old Magnolia Road and Rococo Road. The motion carried unanimously.

(Cypress Landing Road is a dirt road that Leon County currently maintains. It runs off of Old Magnolia Road to Lake Miccosukee. Staff initiated discussions with Gem Land Company proposing that, in exchange for Leon County abandoning the existing Cypress Landing Road, Gem Land Company would donate the required right-of-way within its property for both the Old Magnolia Phase I and Rococo Road projects.

Additionally, Gem Land would donate a 60-foot right-of-way from Old Magnolia/Rococo intersection easterly to Lake Miccosukee. On April 26, 1994, the Board approved the abandonment concept as described, in favor of a new lake access and a 10-acre park with the right-of-way.)

Mr. Dave Rogers, P. O. Box 91050, Miccosukee, appeared and stated that if the closing of this road, which has been open to the public for generations, is being sought by the Ingles Family or Gem Land Company because "they" own the road, then he can accept that. He stated that he has concerns if the road is being moved in an effort to appease the Ingles Family and the Gem Land Company because they have built a home in close proximity to Cypress Landing. Commissioners Host, Yordon, and Thaell stated that it was their understanding that they do own the road. Mr. Rogers urged the Board to have police protection in the subject area because he feels that it will be a haven for "drunks and crackheads." The Chairman advised that other neighbors share the same concern and the area will receive attention. See attached Resolution:

35. PUBLIC HEARING - CHINESE TALLOW TREES ORDINANCE

Pursuant to the attached legal advertisement, a public hearing was conducted to consider adoption of an ordinance prohibiting the sale and planting of Chinese Tallow Trees in Leon County.

Commissioner Yordon moved and was duly seconded by Commissioner Thaell to adopt the ordinance with the amendment to page 2, Section 10-282(b) changing the language to read: "Director means such person as the County Administrator may designate to administer and enforce this ordinance" as recommended by the County Administrator.

Mr. George E. Lewis, 203-6 North Gadsden Street, appeared and requested that the Board add the following language to Section 10-282(e) at the end of line 13: "except that attempts to eradicate existing plant material shall not be construed as an act propagating new plants." The Board concurred.

Mr. Lewis referred to Section 10-285, line 22 and stated that penalties are not stated. He recommended that this section be reorganized, that paragraph d be placed as paragraph "a" and the other paragraphs be re-lettered.

He suggested the following language for the new paragraph "a": "Any person who violates this division shall be punished according to law" and add a new sentence: "Each act of importing, transporting, selling, propagating or planting, each individual plant shall constitute a separate and distinct violation." The Board concurred.

Mr. Lewis also suggested a new section be added, Sec. 10-286, to address the present law of Florida that essentially says "Adjoining land owners or people outside property boundaries cannot complain of the existence of plant life on somebody else's property." He also recommended the following language: "No provision of this division shall give rise to any private cause of action for damages." The County Administrator suggested that this come back as a separate item so that he can determine the consequences of the change. The Board concurred.


The motion on the floor with the additional amendments described above carried unanimously (Commissioner Maloy was not present), adopting the attached Leon County Ordinance Number 96-08:

There being no further business to come before the Board, the meeting was adjourned at 7:50 p.m.

APPROVED:__________________

Bruce J. Host

Chairman





ATTEST:








_________________________________

Clerk of the Circuit Court