BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

REGULAR MEETING

FEBRUARY 18, 1998

The Board of County Commissioners of Leon County, Florida, met in regular session at 5:00 p.m., with Chairman Yordon presiding. Those in attendance were Commissioners Joanos, Maloy, Host, Thaell, Sauls, and Proctor. 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 Jane Sauls followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

1. EMPLOYEE AWARDS: EMPLOYEES OF THE MONTH

Ms. Lajuana Hill, Department of Human Services, introduced employees receiving Employee of Month Awards: David Farnam of the Library; Connie Barbee, Growth and Environmental Management Services; Burl Gaskins, Facilities Management; Earnest Turnage, Public Works.

CONSENT AGENDA

Commissioner Thaell moved, duly seconded by Commissioner Sauls and carried unanimously, to approve the following Consent Agenda with the exception of items 8 and 9 which was addressed as described:

2. APPROVAL OF 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:

$ 932,045,73

3. MINUTES

The Board approved the Minutes of January 28, 1997 Regular Meeting; February 4, 1997 Special Meeting.




4. REQUEST FOR AUTHORIZATION TO ACCEPT $20,059 GRANT TO UPDATE THE HAZARDOUS MATERIALS EMERGENCY PLAN

The Florida Department of Community Affairs (DCA), acting as staff to the Emergency Response Commission for Hazardous Materials (SERC), has tendered an offer of $20,059 to Leon County for updating county data to address the requirements of the Federal Emergency Planing and Community Right-to-Know Act of 1986 (EPCRA) and the Florida Statutes Chapter 252. Part II " the Florida Hazardous Materials Emergency Response and Community Rights-to-Know Act of 1988."

The Board accepted the terms and conditions of the agreement with DCA and FSU and authorized the Chairman to execute the attached letter designating the Emergency Management Director as the Agreement Administrator:

5. BUDGET AMENDMENT: ADJUSTMENT TO FY 1995/96 CARRY-FORWARD ACCOUNTS

The Board approved the attached budget amendment which includes four corrections and one additional request to the FY 1995/96 Carry Forward Accounts:

6. BUDGET AMENDMENT: SALE OF THE SHERIFF'S DEPARTMENT BUILDINGS ON THOMASVILLE ROAD

A budget amendment is needed to pay for Certified Appraisal Reports, Title Search and other additional expenditures previously approved by the Board for the sale of the Sheriff's Department buildings on Thomasville Road. The Board approved the attached budget amendment in the amount of $10,000 providing, for the payment of all current and future expenditures relating to this sale of property:

7. AWARD OF BID FOR MAJOR REHABILITATION PROJECT, CDBG GRANT PROGRAM, BID NO. BC-01-23-97-18

The Community Development Block Grant (CDBG) program needs to award a major rehabilitation project over $20,000. (This house is one of 42 to be rehabilitated through the CDBG program.) The Board approved the bid award to Robert M. Reister, Inc, for $28,407.

8. RATIFICATION OF ACTION TAKEN AT FEBRUARY 11, 1997 WORKSHOP ON BRADFORDVILLE AREA

Commissioner Host pulled this item from consent for further discussion. He stated that this item deals with the Bradfordville site specific zoning workshop conducted on February 11 which included the approval of some proposed roadways, defining boundaries for commercial and multi-family, and office development. He explained that since last week, he has talked with various citizens who will be affected by this action, and their principal concern is that the stormwater study of the subject area has not been completed (which was required as an element of the mediated settlement for the Publix development). Commissioner Host recommended deferring action on the Bradfordville area until after completion of the stormwater study. He requested that staff bring back a RFP proposal on March 11 on the scope of work outlined in the Publix court order for the initial Bradfordville study, and that review of the RFP be done in conjunction with a citizen steering committee. Commissioner Host also recommended that the Board implement, as soon as possible, some standards as tentatively outlined in the Bradfordville Study dealing with setback, signage, etc.

In summary, Commissioner Host moved and stated that the scope of his motion is to take no action on the site specific zoning recommendations and roadway issues until the Board obtains the results of the stormwater study as outlined in the court order and that this be brought back on March 11; staff will bring back standards for special development standards for the Bradfordville Zoning district as soon as possible. He explained that under this proposal, the current zoning of Mixed Use would remain in place until the stormwater study of the Bradfordville area has been completed. He explained that this action puts the matter on hold until the Board receives the results of the court-ordered study. Commissioner Thaell seconded the motion.

Mr. Larry Block, 5189 Widefield Road, stated that Bradfordville is not suitable for additional commercial zoning and urged the Board to not allow any high density development that changes the character in the area until problems are resolved. He stated that there does not appear to be a need for additional stores in the area. He briefly explained the issue surrounding the Publix site and the settlement agreement. Mr. Block stated that he does not feel that the current zoning of Mixed Use is appropriate either.

Mr. Harry Reed, appeared representing Killearn Lakes Homeowners Association, and referred to the Publix settlement agreement in 1994 and stated that it specified that a study was to be done prior to construction of the Publix Development, and that recommendations for appropriate amendments were to be made on approved land uses and/or the County EMA, to prevent impacts to existing lakes.

The Board advised that work has been done involving the study and stormwater issues, but indicated that more work needs to be done.

Commissioner Host requested that staff bring back for adoption the standards outlined in the Bradfordville Study area. Commissioner Host moved an amendment to the motion to approve that part of the workshop, for public hearing, that dealt with the R.05 hearing in Bradfordville. Commissioner Thaell stated that he could not accept the amendment.

Commissioner Host withdrew his amendment and Commissioner Thaell's second to the original motion remains.

Commissioner Thaell explained that at last week's workshop (Bradfordville Site Specific Zoning), the Board took action that created a parcel of property that would have the potential to commercialize 160-190 acres in Bradfordville.

Commissioner Maloy referred to the action taken at the workshop involving the roadway in the subject area and asked if action today would affect that. The Chairman stated that this was not part of the motion.

Commissioner Host explained that citizens may not fully understand the action taken at the workshop; in effect it is a "downzoning" from 24,000 feet per acre to 10,000 per acre maximum commercial; some would be apartments, residential, offices uses. Commissioner Host stated that he wanted the residents to fully understand the impact, and that upon completion of the stormwater issue, the matter would be brought back to the Board for a vote.

County Administrator Alam explained that he would bring back to the Board a detailed proposal of the scope of work that the homeowners are presenting, at the March 11 meeting. At that time, the Board can make a decision on whether to negotiate a contract (3-6 months) with someone or to go out for RFP (6-9 months.)

Chairman Yordon explained that the residents on the East side of the road are not included in this matter and are free to pursue permitting for applications.

The motion on the floor carried 4 -3 (Commissioners Joanos, Maloy, and Proctor voted in opposition).

Commissioner Host moved to reaffirm the directions taken at the workshop on R.05 zoning (Bradfordville) and the joint workshop with the City Commission on R.05 site specific zoning (public hearing draft of the new zoning map). Commissioner Joanos seconded the motion which carried 6 - 1 (Commissioner Thaell voted in opposition).

9. REQUEST TO SCHEDULE WORKSHOP FOR FEBRUARY 25, 1997 ON "ORANGE AVENUE CORRIDOR STUDY"

The County Administrator requested to reschedule the workshop on "Orange Avenue Corridor Study" to Tuesday, March 18 from 1:30 to 2:30 p.m., Commissioner Host moved, duly seconded by Commissioner Joanos and carried unanimously, to reschedule the workshop as recommended.

10. REQUEST TO SCHEDULE JOINT CITY/COUNTY WORKSHOP ON "FALSE ALARM ORDINANCE" FOR APRIL 8, 1997

The Board scheduled the workshop on "False Alarm Ordinance" for Tuesday, April 8, 1997, for 3:00 - 4:00 p.m.


GENERAL BUSINESS

11. STATUS REPORT ON LAKE MUNSON RESTORATION PROJECT AND SELECTION OF ENGINEERING CONSULTANT

Commissioner Host moved and was duly seconded by Commissioner Maloy to approve the ranking of consultants and authorize staff to negotiate an agreement with the top ranked firm, per CCNA requirements, to provide civil engineering services for the CDBG Lake Munson Restoration project. Staff will provide periodic progress reports, as well as reports on community meetings which are to be held to inform citizens of the dredging activities and to discuss their needs with them as construction progresses.

Commissioner Thaell indicated concern that the project will involve 66,000 trips by dump trucks going through a nearby neighborhood. He asked about the process and if there was a way to have less impact on the neighborhood. Ms. Teresa Heiker, Public Works, explained that staff is looking into the possibility of trucks using City power line easements for direct access to cut down trips through the neighborhood, and possibly using dredging equipment to pump material from the slough directly to the Eisenhower pit. Ms. Heiker explained that probably within six months, when the design is underway, more specific ideas will be addressed, and a schedule of activities would be provided to the Board at that time.

Ms. Heiker explained that the restoration of Lake Munson will involve removing material from the lake bottom to improve the water quality and provide flood storage. The goal of the project is to create the treatment facilities before actually conducting the lake body restoration. Ms. Heiker advised that staff will be working with the Science Advisory Committee and can provide regular updates on the progress of the project.

Commissioner Proctor indicated the importance of restoring Lake Munson and stated that the lake should have swimming, boating facilities, park, etc., and that he would like to see a step-by-step plan for the lake. He also urged the Board to ask the City to investigate the stagnant body of water by Jack Gaither Park.

County Administrator Alam explained that the first part of the project is to select a consultant to provide engineering services for the restoration project, the other issues would be coming forward. He stated that once timetables are established for commencing the work, particularly as it relates to the dump truck trips, that public notice should be given to those citizens who live in the area. Ms. Hieker explained that the plan incorporates community meetings and advises property owners of the plans. Using the CDBG funds, the final design and permitting would be done by May 1998 and construction should be complete by December 2000.

Commissioner Joanos explained that Innovation Park shares the Eisenhower Clay pit with the County and an agreement involving both parties will be coming to the Board.

The motion on the floor carried unanimously.

12. STATUS OF MEDICAID REIMBURSEMENTS

Commissioner Joanos reported on the status of discussions with the agency for Health Care Administration regarding reimbursing County expenditures for the Medicaid match program.

Commissioner Joanos moved, duly seconded by Commissioner Host and carried unanimously, to accept the report, take no further action at this time on recoupment of Medicaid, and request Commissioner Maloy (incoming President of Florida Association of Counties) to support changes in state legislation to approximately streamline and simplify the current processes through which local governments make Medicaid reimbursement payments. Commissioner Maloy stated that this would be an issue during next year's legislation. (See attached report:)

13. MID-YEAR FUNDING REQUEST FOR DELTA KAPPA OMEGA HOUSING FOUNDATION AND SERVICES CENTER'S PARTNERSHIP IN MATHEMATICS AND SCIENCE SUMMER ENRICHMENT PROGRAM

Commissioner Maloy moved, duly seconded by Commissioner Proctor and carried 6 - 1 (Commissioner Host voted in opposition), to approve funding in the amount of $9,000 for the PIMS summer enrichment program from the Human Services Commission Allocation. Commissioner Host stated that his vote has nothing to do with the quality of the program, but that he is opposed to mid-year funding requests.)

SCHEDULED PUBLIC HEARING

14. PUBLIC HEARING - ABANDONMENT OF PORTION OF DRAINAGE EASEMENT LOCATED ON LOT 10, BLOCK AF OF KILLEARN ACRES, UNIT 7 SUBDIVISION/TOMMY LEE TRAIL

Pursuant to legal advertisement, a public hearing was conducted on a request filed by Jackson Builders, Inc., for abandonment of a portion of a drainage easement located on Lot 10, Block AF, of Killearn Acres, Unit 7 Subdivision.

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

Commissioner Joanos moved, duly seconded by Commissioner Host and carried unanimously, to hold the public hearing on the proposed abandonment, deny the application and authorize the Chairman to execute an agreement that would allow the encroachment to remain.

COUNTY ADMINISTRATOR

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to approve County service pins for former employees who have 30 years or more service with the County. These employees will be invited to accept the pins at a regular scheduled Board meeting.

CITIZENS TO BE HEARD

a. Mr. Larry Block, 5189 Widefield Road, addressed the Board regarding the Bradfordville area stormwater study (item 8). He stated that the Board excluded the property on the east side of Thomasville Road from protection and urged the Board to reconsider that.

Mr. Block stated that the court order is being violated since the stormwater study of Bradfordville is not completed. He cautioned the Board to proceed at their own risk. The Chairman explained that the development will be subject to design standards, and they are looking at possibly constructing a double stormwater system that exceeds OFW.

b. Ms. Barbara Brooks appeared and requested that sidewalks be constructed at Ross Road and that lights be installed for bus stops for school children. The County Administrator referred Ms. Brooks to Public Works staff for assistance. A report will be provided back to the Board.

DISCUSSION ITEMS BY COMMISSIONERS

CHAIRMAN YORDON:

Chairman Yordon circulated information involving a funding request for the Haitian Mayors' visit to Tallahassee as an economic and cultural exchange. This project is consistent with the Governor's recent policies to help build a sustainable democracy in Haiti. Vice-Commissioner Joanos assumed the Chair. Commissioner Yordon moved, duly seconded by Commissioner Proctor and carried 4 - 3 (Commissioners Joanos, Host, and Thaell voted in opposition), to approve the $2,500 funding request to come from the Commission Human Service allocation, and to approve a proclamation. Commissioner Thaell stated that he supports the project, but he does not feel the funding should come out of the Human Service allocation.

The Chairman explained that one of the issues to be discussed is how to create an economic opportunity between this county and their local areas.

COMMISSIONER PROCTOR:

a. Referred to his attached memorandum dated February 18, 1997 requesting legal opinion on a possible conflict of interest issue involving property adjacent to the 360 Cellular Tower. The County Attorney stated that it was his opinion that Commissioner Proctor has done nothing involving cellular towers which would constitute a conflict of interest.

b. Reported that he has asked the County Administrator for the worksheet on the Commission Aide's composition and suggested that this item be brought back in a week or so. The Chairman stated that this will be placed on next week's agenda.

(Chairman Yordon left at approximately 7:02 p.m., to attend the "Quality of Life" Seminar.)

COMMISSIONER HOST:

Requested an update on the RFP for the County audit services.

COMMISSIONER THAELL:

Referred to his memorandum dated February 14, 1997 regarding a six month moratorium on the issuance of development orders for construction of telecommunications towers. The memorandum included information from other areas dealing with towers and a proposed ordinance place a six-month moratorium on issuing permits for telecommuncations towers.

County Attorney Thiele explained that staff is working on issues previously requested by the Board dealing with County implementation of a cellular antenna tower system that would be controlled, owned or franchised by the County and revisions/modifications to the "telecommunications" ordinance adopted in January.

Mr. Van Jones, Management Information Services, appeared and stated that a moratorium will provide staff the opportunity to formulate policy and procedures addressing this issue.

Mr. Joe Kelley, 100 North Duval Street, President of the Tallahassee Area Chamber of Commerce, appeared and stated that the Chamber represents some 1,400 businesses. He explained that the Chamber is supportive of environmental protection but that it would be unfair at this point in time to place a moratorium on an industry that has been encouraged to come to this area to provide jobs. Mr. Kelley urged the Board to meet with all interested (cellular companies) parties and form a designated committee to meet in a timely fashion. He offered the Chamber's assistance to coordinate the groups, and suggested that perhaps they could come up with a revised ordinance/policies which may result in an acceptable compromise on the issue.

Commissioner Proctor referred to a letter from State Representative Marjorie Turnbull regarding the towers and stated that a six-month moratorium would allow time to give full consideration to the matter. Commissioner Proctor stated that he views himself as a personal victim of these towers since he owns a house located 50 feet from the 360 Tower.

Commissioner Thaell moved and was duly seconded by Commissioner Proctor that the proposed ordinance placing a six-month moratorium on approval of permits for telecommunications towers to allow time for the County to consider enactment of further regulatory measures be advertised for public hearing for March 11, 1997.

Mr. Thiele explained that a meeting is planned for next week with the industry, and he has met with the utility companies regarding exemptions which will also come to the Board. Commissioner Host suggested that the meeting next week include members from the Chamber of Commerce.

Following some discussion, Commissioner Thaell withdrew his motion and requested that the packet of information which he presented be placed on the February 25 agenda and the results of the meeting with the industry be included in the agenda material. Following more discussion, Commissioner Thaell stated that he is not providing any direction to the Board at this time, but he does not want this item to be placed on the agenda until after a meeting with the industry and concerns raised by the Board can be addressed.

COMMISSIONER JOANOS:

Reported that the fourth building of the Don Fuqua Research Center at Innovation Park (Leon County Research and Development Authority) has been named the Frank Shaw Bulding. The dedication will be conducted tommorrow at 11:00 a.m.









There being no further business to come before the Board, the meeting was adjourned at 7:45 p.m.

APPROVED:___________________

Gary Yordon

Chairman






ATTEST:



__________________________________

Clerk of the Circuit Court