BOARD OF COUNTY COMMISSIONERS
LEON COUNTY, FLORIDA
REGULAR MEETING
SEPTEMBER 17, 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, 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