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, Kio-Green,
Davis, Maloy, 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.
CONSENT AGENDA
Commissioner Thaell moved, duly seconded by Commissioner
Davis and carried unanimously, to approve the following Consent
Agenda with the exception of Item 5 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:
$1,143,471.30
2. MINUTES
The Board approved the following Minutes: May 28, 1996 Regular
Meeting, and July 25, 1996 Special Public Hearing on the FY 96-97
Budget.
3. CONTRACT FOR CUSTODIAL SERVICES FOR THE COURTHOUSE
The Board approved the three-month contract extension for
custodial services at the Courthouse with R&R Janitorial Services,
Inc. (price of $32,250.)
4. CIVIC ENGINEERING SERVICES CONTRACT
The Board approved the contractual agreement with three companies
(Baskerville & Donovan, Inc., Dames & Moore, and Camp,
Dresser, and McKee, Inc.) for a period of two years and authorized
the Chairman to execute the documents.
5. CONTACT FOR FINAL DESIGN/ENGINEERING FOR BUCK LAKE ROAD
Commissioner Kio-Green pulled this item from Consent and
stated that she would like assurance that the citizens committee
would remain involved in the entire road improvement process.
Public Works Director Mike Willett assured the Board that the
committee would be involved.
Commissioner Kio-Green moved, duly seconded by Commissioner
Davis and carried unanimously, to authorize the County Administrator
to negotiate, in accordance with the provisions of the Consultant's
Competitive Negotiation Act, an agreement with the top ranked
firm, Baskerville and & Donovan, Inc., to provide engineering
services for the final design of the Buck Lake Road Corridor Improvements
(U.S. 90 East to Pedrick Road).
6. CONTRACT WITH FDEP: POLLUTANT STORAGE TANK SYSTEM COMPLIANCE
VERIFICATION INSPECTION PROGRAM
The Board approved the contract renewal with the Florida
Department of Environmental Protection (DEP) for the Pollutant
(Petroleum) Storage Tank System Compliance Verification Inspection
Program. The program is funded entirely by the Department of
Environmental Protection. The program provides inspection of
underground and overground petroleum storage tanks, providing
aquifer protection, and compliance with the Wellhead Protection
Ordinance as required by the Comprehensive Plan.
7. CANOPY ROAD TREE REMOVAL REQUEST FOR CRAWFORD PROPERTY
Mr. Gary Crawford and Ms. Stacy Crawford have requested permission
to remove trees in the Meridian Road-Canopy Road Tree Protection
Zone, in order to construct an ongrade dirt driveway to access
the mobile home to be placed on their property. The driveway
inspection verified that this location for the driveway was reasonable
and will have a minimal impact on the Canopy Road Tree Protection
Zone. The Board approved the tree removal request.
8. ACCEPTANCE OF NINTH-YEAR WASTE TIRE GRANT AWARD
The Board accepted the FY 1996-97 Waste Tire Grant awarded by the Florida Department of Environmental Protection and approved the attached budget amendment establishing the Waste Tire Grant accounts:
9. ACCEPTANCE OF LITTER CONTROL AND PREVENTION GRANT
The Board accepted the Litter Control and Prevention Grant awarded by the Florida Department of Environmental Protection, and to continue contracting with "Keep Tallahassee - Leon County Beautiful" to implement local litter control programs, and approved the attached budget amendment request:
10. REQUEST TO SCHEDULE TWO WORKSHOPS
The Board scheduled two workshops: a) Probation Evaluation
for Tuesday, October 22, 1996 from 3:00 to 4:00 p.m., b) Library
Evaluation for Tuesday, January 14, 1997 from 3:00 to 4:00 p.m.
11. CONSERVATION EASEMENT - GOLDEN EAGLE UNIT #7
The Board approved the recording of the plat of Golden Eagle
Unit #7, a private residential subdivision, on September 10, 1996.
Inadvertently, the acceptance of the required Conservation Easement
was not part of the recommended action. The Board accepted the
conservation easement for Golden Eagle Unit #7.
GENERAL BUSINESS
12. CITY OF TALLAHASSEE FIVE-YEAR CAPITAL IMPROVEMENT PLAN
(FY97-01) FOR WATER AND SEWER FACILITIES IN UNINCORPORATED LEON
COUNTY
Pursuant to the County/City Water and Sewer Agreement, the
Board is to provide annual approval of the City's Five-year Capital
Improvement Plan (CIP) for water and sewer facilities within the
Urban Service Area (USA) of incorporated Leon County. The Board
has the right to establish the priority of capital projects and
may reprioritize projects involving proposed extension of water
and sewer service in the unincorporated areas of the County.
Commissioner Maloy moved and was duly seconded by Commissioner
Yordon to approve the City proposed Five-Year CIP for water and
sewer facilities as submitted.
Commissioner Kio-Green stated that she thought that last
year there were at least two projects in the CIP that are not
included in this proposed plan; sewer project for the industrial
site on Aenon Church Road and the sewer project to be done in
conjunction with the Geddie Road project.
Commissioner Maloy withdrew his motion and stated that he
would continue this item until a representative from the City
arrives.
The following citizens appeared regarding the issue:
Mr. Frank Govett, 1629 Hill 'N' Dale, appeared and inquired
about the plan and proposed projects. Commissioner Yordon explained
that the plan involves specific projects and supplied Mr. Govett
with the list. Mr. Govett stated that the City is getting into
the public utility business, annexing properties, and encroaching
on property owners. He stated that he and other property owners
do not want to be annexed into the City limits.
Ms. Dorothy Spence, 310 Chaires Crossroads, appeared and
stated that the City has run a gas line adjacent to her property
and it appears that they are now planning to run other utility
lines in the unincorporated area. She stated that she does not
wish to be annexed into the City.
A representative from the City appeared and responded to
inquiries of the Board. He stated that the Woodville Highway/Six-mile
Creek area would be placed on the 1998 projects lists, and advised
that the current list includes MSP-157, the Gum Road area, and
MSP-159, which extends U.S. 90 West to Gum Road (a 24-inch outfall
to serve customers on the east side of Capital Circle). The extension
for Aenon Church Road would occur in the year 2000.
Commissioner Thaell moved, duly seconded by Commissioner
Davis and carried unanimously, to approve the City proposed Five-Year
Capital Improvements Plan for Water and Sewer Facilities as submitted.
13. NAME SELECTION FOR NEW OFFICE (SHERIFF) BUILDINGS
The next item of business was to select a name for the new
Sheriff's Office at 2825 Municipal Way (old Leon County Jail)
and the new office at 501 Appleyard Drive (the former Juvenile
Detention Center). These names would be imprinted on bronze dedication
plaques to become a permanent fixture of each building.
Commissioner Joanos moved, duly seconded by Commissioner
Maloy and carried unanimously, to offer the name of Leon County
Sheriff's Department for the new Sheriff's Office (formerly the
old Jail).
Commissioner Maloy moved, duly seconded by Commissioner Thaell and carried unanimously, to name the old Juvenile Detention Facility (which is being renovated to house the offices of Mosquito Control, Animal Control, and pre-trial and felony drug programs) Leon County Community Services Building.
14. REVISIONS OF THE COMMUNITY DEVELOPMENT
The staff of Housing and Human Services Division working
with the CDBG Consultant, recommends amendments to existing policy
to improve and further clarify the CDBG Rehabilitation and Relocation
policy. Four changes were proposed involving rehabilitation,
raising the upper limit for assistance, providing a contract option,
and specifying contractor obligations to homeowners when relocating.
Following a brief discussion, Commissioner Kio-Green moved,
duly seconded by Commissioner Thaell and carried unanimously,
to approve changes 2 and 4 as follows:
2) Exception to contractor limit of one contract at a time(page
9).
4) Prolonged temporary relocation (page 10 and 13).
The other issues/changes would be brought back to the Board
at the December 10th Workshop on Housing issues.
See attached changes 2 and 4:
15. ROADWAY SETBACK
During the recodification of the Code Book in 1992, the County
Attorney's Office had suggested that the Board consider a substantive
change to the road setback ordinance, which would tie the setbacks
more closely to road projects that are more imminent than the
current system. At that time, the Board made a decision to not
include the suggestions, in an effort to restrict the recodification
efforts to only non-substantive code changes. In July, the Board
asked that the Roadway Setback Ordinance come before the Board.
County Attorney Thiele explained that the City will be discussing
a roadway setback ordinance on September 25.
Following some discussion, Commissioner Kio-Green moved,
duly seconded by Commissioner Maloy and carried unanimously, to
continue this item until the MPO meeting of October 21, 1996.
Commissioner Kio-Green requested that Mr. Tony Park, Public Works,
and his staff address the "rural roadway issue," specifically
as to what the County has needed and required for County and State
roadways that are in the unincorporated area, outside the USA.
16. STATUS REPORT- AGENDA HOT LINE
Commissioner Thaell moved, duly seconded by Commissioner Joanos and carried unanimously, to accept the status report and approve the discontinuation of the agenda hot-line service. Commissioner Thaell reported that the matter will be brought back to the Board at such time that it is determined that the appropriate technology is available. See attached report:
17. FUNDING REQUEST FOR CAPITAL CITY CHAMBER OF COMMERCE,
THE MILLENNIUM PROJECT, THE LITERACY PROGRAM
The County Administrator advised that Commissioner Davis
has withdrawn the funding request for Capital City Chamber of
Commerce (CCCC).
Commissioner Maloy moved, duly seconded by Commissioner Yordon
and carried 6 - 1 (Commissioner Host voted in opposition), to
approve funding of $15,000 for the Millennium Project from the
Human Services Fund and approve funding of $5,000 for the Literacy
Program from the Human Services Fund.
ISSUE NOT ON AGENDA: CELLULAR TOWER
Commissioner Joanos advised that last week he requested that
the County Attorney investigate an issue involving site plan review
for certain land use issues, specifically as it relates to the
placement of a radio transmission tower (Paremore Estates located
off Meridian Road).
County Attorney Thiele explained that his office investigated
the method, in general, of how transmission towers are processed
under the County Code. He also looked at the specific tower located
in Paremore Estates to determine if it followed the current rules.
Mr. Thiele reported that the rules for (transmission) tower review
are not specific and are treated as another type of use under
the zoning code, but not a specific use (towers are not regulated
specifically; they are a listed use but are not a use that has
its own category). Under the current County Code, the Board has
delegated to the County Administrator, who in turn has delegated
to the Planning Director, the ability to interpret the Code to
determine how particular uses are to be categorized. For some
time, cellular towers have been treated as a "community facility"
and not any other use. Up until very recently, towers have not
been required to go through any form of site plan review, and
received "permitted use verification" (PUV). Current
applicants are still classified as "community facilities"
but they do go through staff site plan review. Mr. Thiele stated
that this particular project went through the permitting methodology,
received the permits, and were ready to proceed, with the exception
of the DEP approval.
` Commissioner Joanos asked if there is a mechanism to require
a site plan. Mr. Thiele responded that if the Board wished to
interpret that a site plan should have been required for projects
of this nature (which is the current position of staff), it is
something that can be considered, and doing so may have an impact
on the project scope.
Commissioner Joanos moved that "we require any current
and future sitings of community facilities, towers, or otherwise,
go through site plan review." Commissioner Yordon seconded
the motion. Mr. Thiele stated that his understanding of the direction
would be that anyone who has not finished construction, this project
and others, would be required to go back through a site plan review.
He stated that there are others who have permits in hand but
who have not commenced or finalized construction, or have not
gotten their DEP permits. Commissioner Joanos affirmed that direction.
Mr. Thiele stated that the subject tower has received all
of the County-issued permits, but the County's ordinance requires
other agency permitting to have taken place, and, apparently,
this has not taken place. The applicant has been advised and
has agreed to do so.
The following citizens appeared regarding the issue:
Reverend William M. Foutz, 6504 N. Meridian Road, appeared
and presented a petition with signatures opposing the transmission
tower near Paremore Estates on North Meridian Road. He reminded
the Board that severe weather conditions could cause the tower
to fall on adjacent homes. He indicated that he was pleased with
the Board's decision today. In an unrelated issue, Reverend Foutz
stated that the children in the community (across the street from
Hawks Rise School) do not have a walkway to get to the school
and urged the Board to remedy this problem.
Ms. Carol Thompson, 6624 N. Meridian Road, appeared and stated
that she is one of the residents who participated in the "picket
line" opposing the InterCel transmission tower.
Ms. Sandra Allen, representing her grandmother, Ms. Celeste
Paremore, 151 Paremore Estates, indicated her opposition to the
transmission tower, and thanked the Commission for their consideration.
Mr. Van Lewis, 1845 Thomasville Road, appeared and referred
to two books entitled "Cross Current" and "Body
Electric" by Dr. Becker, and urged the Board to read them.
He indicated that damage can result from being exposed to low
frequency microwaves that are emitted from transmission towers
and that it can have biological effects. He also stated that
the neighbors should have been notified of the tower placement.
Mr. Frank Govett, 1629 Hill 'N' Dale, appeared and stated
that the County has issued the necessary permits to this company
(InterCel) to place a tower in a certain location. He stated
that the Board is now proposing a retroactive ordinance where
they are prohibiting the tower from being placed in a certain
location. Mr. Govett indicated that the County is setting a
precedent; they can go into any construction project and force
construction to stop after the permitting has already taken place.
He urged the Board to change the application of the ordinance
in the future, but not on projects that have been approved.
Commissioner Joanos responded to comments and stated that
it was staff's decision that this use did not require a site plan
review and was not an ordinance adopted by the Board. He explained
that if the motion passes, it does not mean that the tower goes
away, but it means that placement of the tower on the property
line is not consistent with what the Board desires; the Board
would like it off the property line and for buffering to be put
in place.
Commissioner Yordon stated that he would like to investigate
the issue mentioned by Mr. Lewis regarding possible harmful effects
from exposure to low frequency of microwaves emitted from transmission
towers. Commissioner Yordon stated that there is a reason that
property under power lines has no value, and he would like to
have an answer to this question.
Commissioner Thaell raised the question: What are the developments
that are not receiving this level of review.
The Board was prepared to take a vote on the motion and County
Attorney Thiele requested clarification and stated that the motion
on the floor is:
"We are stating that we do not believe that the antennas
of the towers are community facilities, or the type of community
facilities, that should have been exempt from the site plan approval
process, and that this process should have been in place from
day one, so site plans are going to be required of those uncompleted
construction sites." The Board stated that this means any
community facility should go through a site plan, not just towers.
Mr. Thiele stated that there may be some additional work that
can be done on that portion of the Code Book, but the immediate
issue would be to address the towers and the intent is to require
a site plan approval, including those instances which may have
previously received erroneous permits. The Board concurred.
Chairman Host stated that it is important to be careful, as it
relates to legal issues, in determining the stage of construction
of a project, and if all the required permits have been obtained.
The motion on the floor carried unanimously.
Commissioner Yordon indicated that the Development Review
Committee (DRC) is not really working and suggested that the ordinance
be amended so there is "a provision that allows us to get
to a Type C review" on developments or projects that have
unique situations such as conservation preservation, features
that have county-wide significance, zoning districts that have
unique locational characteristics, etc. He suggested that the
Growth Management Director or the majority vote of the DRC could
send the application to the appropriate governmental entity and
the Commission would have the opportunity to see these developments.
He stated that there should be a vehicle that allows the DRC,
if it is sensitive situation, to either rule on the issue or allow
the DRC to bring the matter to the Commission.
Commissioner Yordon moved to ask staff to bring back, very
soon, the criteria that "we would use to establish the methodology
where a majority of the DRC could recommend Type C review from
any development project." Commissioner Joanos seconded the
motion which carried unanimously.
Commissioner Yordon requested that he would like to see a weekly printout or a by-monthly report of all permits that are applied for, separated by districts and given to each District Commissioner; this will give the district Commissioner a good idea of "potentially explosive" projects.
Commissioner Yordon stated that this should start immediately,
and the at-large Commissioners can decide how they wish to review
the reports.
The Board concurred the Science Advisory Committee should
look at potential harmful effects from low frequency microwaves
emitted from transmission towers and electrical power lines as
suggested by Mr. George Lewis. The County Administrator advised
that that staff would check to see how other counties handle these
type of situations.
PUBLIC HEARING
18. PUBLIC HEARING - FIRST OF TWO PUBLIC HEARINGS ON FISCAL
YEAR 1996-97 TENTATIVE BUDGET
Pursuant to legal advertisement, the first public hearing
was conducted on the proposed FY 1996-97 Tentative Budget.
The Chairman announced that the proposed millage rate is
set at 8.62 mills, which will be 3.86% over the roll back rate
of 8.30 mills. He further announced that the increase is due
in part to increases in the cost of the current level of government
services, a 3 percent salary increase for County employees, and
increased improvement and maintenance of County government facilities
and infrastructure. In addition, the Board has made a commitment
to address stormwater problems and to protect water quality.
This budget commits $6.4 million for lakes restoration and stormwater
management. Also being instituted is a County Parks and Recreation
Program this year; over $3 million will be needed over a five-year
period for implementation. The Chairman announced that the total
amount of the tentative budget for FY 1996-97 is $146,172,137
less interfund tranfers.
Director of the Office of Management and Budget, Mr. Ken
Barber, appeared and explained that to accomplish the objective
of enhancing citizen participation and understanding of the budget
process, a budget video was produced. The video was presented
for the public to view.
The following citizens appeared regarding the proposed budget:
Mr. George E. Lewis, II, 203-6 N. Gadsden Street, appeared
and raised concerns regarding the cost of producing the budget
video and "Budget in Brief" booklet, and indicated that
he was not able to see the final budget document. He suggested
that he and other citizens may be helpful in identifying ways
to save taxpayers dollars. Mr. Lewis stated that management should
be made accountable. The Okeeheepkee Pond basin project was also
mentioned by Mr. Lewis, and he indicated that the amount earmarked
would probably not pay attorney fees.
Following some discussion, Commissioner Kio-Green moved,
duly seconded by Commissioner Yordon and carried unanimously,
to approve the attached Resolution (R96-25) adopting the millage
rate. The Chairman read the attached Resolution into the Record.
Commissioner Kio-Green moved, duly seconded by Commissioner Yordon and carried unanimously, to adopt the attached Resolution (R96-26) adopting the tentative budget for FY 1996-97:
The Chairman announced that the second and final public hearing
on the budget would be conducted on September 24, 1996 at 6:00
p.m. in the Commission Chambers.
CITIZENS TO BE HEARD:
a. Mr. Ted Thomas, Route 7, Box 926, appeared and referred
to the Lake McBride special protection zone and the proposed Comprehensive
Plan amendment for the Lake McBride basin brought forward by Commissioner
Thaell. He stated that he represents the Lauder family, who own
60 acres that are part of this amendment. Mr. Thomas stated that
he has talked with Mr. Bob Lauder and he advised that he and his
family have not been advised of, or involved in, the Lake McBride
amendment. He requested that the amendment be withdrawn.
Commissioner Thaell explained that he was approached in July
by a group of landowners who live around Lake McBride and was
asked to bring this Comprehensive Plan amendment forward. He
stated that he was advised by a group of citizens organizing
the amendment that a vast majority of landowners agree with it.
He stated that the Lauder's interest would be protected in this
amendment, and a public hearing would be conducted.
Commissioner Thaell stated that he was advised that Mr. Marshall
Conrad has a concern with the proposed amendment and he has scheduled
a meeting with him tomorrow on this issue.
Commissioner Joanos stated that he needs to acknowledge for
the record, that he was not aware of a proposed amendment, and
that he met with property owners approximately six months ago
and abandoned the idea of bringing forward an amendment to make
the subject area a lake protection zone. He stated that he advised
the property owners that the County/City is involved in a site
specific zoning matter, which would be a more appropriate venue
to address this matter.
Chairman Host stated that he would like to have a tracking
mechanism in place for Comprehensive Plan amendments, showing
the location in each Commissioners' district.
Mr. Marshall Conrad, attorney representing himself and the
Lauder Family, appeared and echoed the comments made by Mr. Thomas.
He requested that the Board make certain that the property
owners who will be affected are notified and have the opportunity
to be involved in the process. He indicated his opposition to
the amendment.
Commissioner Kio-Green stated that it is the responsibility
of government to protect the waterbodies and advised that when
the amendment is prepared, the property owners would be notified.
b. Mrs. Clifton Lewis, 3117 Okeeheepkee Road, appeared and
referred to the issue of transmission lines discussed earlier
in the meeting and indicated the health danger of planting vegetables
under the towers. She recommended that a scientific experiment
be conducted. She also suggested the various power lines (electrical,
etc.) be placed underground.
DISCUSSION ITEMS BY COMMISSIONERS:
COMMISSIONER THAELL:
Requested that a funding request from Big Bend 4-C (Community
Coordinated Child Care) Council for $25,000 be placed on the agenda
next week. Commissioner Thaell advised that 4-C may lose a matching
grant if they do not receive funding. The Board concurred that
the item be agendaed.
COMMISSIONER KIO-GREEN:
Announced that the $65,000 grant for Ft. Braden Community
Center had been approved by the State.
COMMISSIONER JOANOS:
a. Indicated that the Board did not vote last week on placing
the one-cent sales tax on the February election ballot. Some
Commissioners indicated that there was a vote, and it was recommended
that the Records be checked to make the determination. Commissioner
Joanos stated that if a vote was not taken, he would like to reiterate
his opposition to the one-cent sales tax extension scheduled for
the February election.
b. Announced that he, as chairman of the Research and Development Authority, has initiated a strategic planning effort (economic development) for the Authority. Commissioner Joanos circulated the attached memorandum regarding overall goals and specific objectives for Innovation Park:
COMMISSIONER MALOY:
Announced that the Convention and Visitors Bureau had reported
an end-of-the year surplus (approximately $8,000), that a new
sports counselor has been hired, and the annual meeting is scheduled
for September 26.
CHAIRMAN HOST:
a. Announced that "Keep Tallahassee-Leon County Beautiful"
and "Fox 49 Kids Club" will be sponsoring "Jammin
on Jackson," a 1996 coastal clean-up. Activities will be
held on Saturday, September 21, 1996 from 8:00 a.m. to 11:00 a.m.
at Forest Meadows and Meginnis Arm holding arm.
b. Reminded the Commission that evaluations are due this week
on the County Attorney, the County Administrator and Commission
Aides.
c. Reported that he has received calls regarding the hiring
of the Director of Environmental Compliance, and those calling
are attempting to influence him. The Chairman advised that the
Commission does not hire employees, with the exception of Commission
Aides. He announced to the public that if they have concerns
regarding the hiring of employees, they should contact the County
Administrator or the County Attorney.
There being no further business to come before the Board,
the meeting was adjourned at 8:14 p.m.
APPROVED:_______________
Bruce J. Host
Chairman
ATTEST:
________________________________
Clerk of the Circuit Court