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