BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

MINUTES - REGULAR MEETING

JUNE 24, 1997

 

The Board of County Commissioners of Leon County, Florida met in regular session 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 Sauls followed by the Pledge of Allegiance to the Flag.

 

AWARDS AND PRESENTATIONS

a. Chairman Yordon presented the attached resolution to Judge N. Sanders Sauls, Chief Judge, Second Judicial Circuit of Florida, in recognition of his "Uniform Minimum Assessment of Fines and Costs program," which will result in savings to the County of $1.2 - $2.8 million per year:

 

 

b. A presentation was made from the Tallahassee Chapter of the American Association of Retired Person (AARP) (Mrs. Phyllis Mullen, President; Mrs. John Stiles, Legislative chairman; and Mr. Jerry conger, District Community coordinator for AARP). They informed the Board of their efforts to address issues facing the community such as crime, health care, affordable housing, transportation.

 

The Chairman announced that Commissioner Maloy, as incoming president of Florida Association of Counties, would need to leave the meeting early to travel to Ft. Lauderdale for the annual conference.

 

1. PRESENTATION OF TEAMS OF THE QUARTER AND SAFETY AWARD

 

The Awards of Excellence (AOE) Committees have reviewed nominations for each department’s Team of the Quarter and Safety awards and recommended recognition of all the nominations as follows:

AWARD 1: Community Services Team of the Quarter

Presented jointly to Youth Services of the LeRoy Collins Leon County Public Library and the County Volunteer Program: Joan Allen, Carolyn Elkins, Julia Dehoff, Keith Hayes, Elizabeth Spearing and Jeri Bush.

 

AWARD 2: Growth & Environmental Management Team of the Quarter: Building Inspection Staff: Fred Varn, Tobe Gay, Terry Langston, Park Walker, Ed West, Barbara Allen, Bill Kimberl, Ed Jarriel, Dwayne Mahony and Mark Knowlton

 

AWARD 3: Management Services Team of the Quarter: MIS Division/Operations: Mary Colter and Fred Smith

 

AWARD 4: Conflict Resolution Quality Improvement Team: Don Tobin, team leader; Donald Denson, Ted Fryson, James Johnson, Albert Sessions, Colleen Shockley, Tony Vizcarrando, Judith McMurty, Lillian Bennett, Keith Roberts

 

AWARD 5: SAFETY AWARD OF THE QUARTER

Leon County Animal Control Officers: Judith McMurty, Geoff Amison, Rick Riedesel, Richard Meuth and Anne Emborsky

 

CONSENT AGENDA

 

Commissioner Maloy moved, duly seconded by Commissioner Joanos and carried unanimously, to approve the following Consent Agenda with the exception of items 3, 11, 12, 15, and 21, which were addressed as described:

 

 

2. BILLS SUBMITTED BY THE CLERK

 

The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants:

$691,032.01

 

3. QUIT CLAIM DEED FOR RIGHT-OF-WAY ON BAUM ROAD

 

The County has not been able to obtain the right-of-way for the remainder of Baum Road or McCracken Road. Without the additional right-of-way, Baum Road cannot be paved from U.S. Highway 90 East to McCracken Road, and McCracken Road cannot be paved to its intersection with Baum Road. In August of 1993, the Board accepted an agreement which required that the 60-foot right-of-way be returned to E.C. Allen, Trustee, if the road was not paved within 24 months.

 

Commissioner Host pulled this item to state that he regretted that the remaining right-of-way could not be obtained from the other property owners so that Baum Road could be paved. Commissioner Host moved to approve Option 1: Authorize the quit claim deed for right-of-way back to the E. E. Allen Living Trust. Commissioner Thaell seconded the motion which carried unanimously.

4. CONSERVATION EASEMENT FOR TEAM WEST, INC.

 

A conservation easement has been granted by Team West Inc., 3705 West Tennessee Street, Tallahassee, Florida 32304, in compliance with the conditions of Environmental Management Permit No. 96-30 for Team Toyota Dealership. The Board approved and accepted the conservation easement as tendered by the dedicator.

 

5. CONSERVATION EASEMENT FOR FT. BRADEN CELLULAR TOWER SITE

 

A conservation easement has been provided by the owner, Dan Cell, Inc., in compliance with conditions of Environmental Management Permit No. 97-0378. The Board approved and accepted for recording the conservation easement as tendered by the dedicators.

 

6. LITTER AND MARINE DEBRIS PREVENTION GRANT APPLICATION

 

The Board authorized submission of the grant application to the Florida Department of Environmental Protection (FDEP) for a Litter and Marine Debris Prevention Grant.

 

7. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TENTH YEAR RECYCLING/EDUCATION, AND WASTE TIRE GRANT APPLICATIONS

 

The Board authorized submission of a joint application with the City of Tallahassee for the 1997-98 FDEP Recycling and Education Grant, and a singular application for the 1997-98 FDEP Waste Tire Grant. (This option provides the highest funding level to the County for participation in the Tenth Year Recycling and Education Grant Program and the Waste Tire Grant Program.

 

8. BID AWARD: HOUSEHOLD HAZARDOUS WASTE STORAGE

 

The Board awarded the bid for household hazardous waste to the low responsive bidder, Construction Support Southeast, Inc., for $79,700.

 

9. BID AWARD: PUBLIC WORKS OPERATIONS CENTER

 

Staff recommended that the bid for construction of the new Public Works Operations Center be awarded to the low bid of Bass Construction Company. To facilitate construction of the this project within budget of $1,612,000, the contractor, architect and staff believe that with some value engineering (VE) the budget can be achieved. The Board awarded the lowest bid to Bass Construction Company (which exceeds the County’s budgeted amount of approximately $90,000) and directed staff to begin Value Engineering work with the architect and the contractor to achieve the established budget for this project.

 

10. PLAT OF TALQUIN SPRINGS PHASE I, A.K.A. TALQUIN SPRINGS PLANTATION, A PUBLIC RESIDENTIAL SUBDIVISION

 

The Board accepted the Conservation Easement for Talquin Springs Phase I; approved the plat of Talquin Springs Phase I and directed staff to proceed with recording in the Public Records of Leon County; and accepted the Performance Agreement and Surety Device for completion of all infrastructure in Talquin Springs Phase I.

 

11. ESTABLISH BUDGET AND APPROVE CONTRACT WITH PYRAMID PRODUCTIONS FOR PROGRAM AT THE BRANCH LIBRARY

 

The Winn-Dixie Foundation has awarded the LeRoy Collins Leon County Public Library $1,500 to present "Tanga Tanga" during the Summer of 1997 to provide outreach services to six low-income housing projects in southern Leon County, 2-3 mile radius of the Dr. B. L. Perry, Jr. Branch Library.

A contract has been prepared for Pyramid Productions to provide the same services as last year and has been presented for approval.

 

Commissioner Proctor pulled this item to emphasize to the public that Winn-Dixie has provided the funding for this program which is a notable contribution and a worthy activity. Commissioner Maloy moved, duly seconded by Commissioner Joanos and carried unanimously, to approve the attached budget amendment and the contract with Pyramid Productions:

 

12. LEASE RENEWAL FOR NORTHEAST BRANCH LIBRARY

 

This item involves a lease agreement for the Northeast Branch Library located at 2910 Kerry Forest Parkway which will expire on June 30, 1997. Commissioner Host pulled this item to express concern over the proposed rental increase of $15,840 over fiscal year 1996-97, as well as an increase for the following year.

 

Commissioner Host moved to renegotiate with the property owner for a more acceptable lease or look at other options. Commissioner Maloy seconded the motion which carried unanimously. Staff was directed to continue with a month-to-month lease until this matter is resolved. The Board directed that staff bring items to the Board in sufficient time to allow for continuance (this lease expires on June 30, 1997).

 

  1. APPLICATION FOR FLORINET GRANT

 

The Board approved the six grant applications totaling $100,000 to enhance telecommunications connectivity for the library system through the State Library FLORINET grants program; the Board authorized the Chairman to sign the contracts.

 

  1. LIBRARY FRIENDSHOP LEASE AGREEMENT RENEWAL

 

The Board approved the renewal of the lease agreement with the "Friends of the Library" for retail space in the LeRoy Collins Leon County Public Library to operate the "Friendshop." (The retail shop occupies 650 square feet of space at the Library for $1.00 per year. The proceeds go to the Friends of the Library who use the funds for endowments, and in return, the County provides two free parking spaces.)

 

15. FOLLOW-UP TO BOARD DIRECTION ON THE COURTHOUSE SPACE PLAN PRESENTED ON MAY 27, 1997

 

On May 27, 1997, the Board requested additional information on the Courthouse Space Plan. This includes the costs and a time schedule (developed by consultants) for implementing the plan, as well as the reconciliation of changes proposed by the Supervisor of Elections and Clerk of the Circuit Courts.

 

Commissioner Host pulled this item to refer to a letter from the Chief Deputy Clerk expressing concern over the recommended options, and stated that he wanted to be certain that the Clerk’s concern has been resolved.

County Administrator Alam explained that the staff is recommending approval of Options 1 and 4, and Option 4 involves alternative #2 which will address the Clerk’s concern. Alternative 2: "Enclose second floor hallway space for use by the Clerk of the Courts (600 square feet-Attachment #5)."

 

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to approve Options 1 and 4: Award architectural services for "Year One Space Plan" to Akin & Associates Architects as detailed in their fee proposal; approve an alternate space exchange proposed by the Supervisor of Elections and Clerk of the Courts (Alternative #2). See attachment:

 

16. CONTRACT BETWEEN THE SHERIFF AND FLORIDA DEPARTMENT OF REVENUE (DOR) FOR SUMMONS DELIVERY OF COURT-ORDERED APPEARANCES IN CHILD SUPPORT CASES

 

The Sheriff has historically provided services, through a contractual agreement, to the DOR in the form of delivering summons to individuals tasked with making court appearances in child support. The Board approved and authorized execution of the contract between the Sheriff and the Department of Revenue.

 

  1. REVISION OF TANGIBLE PERSONAL PROPERTY POLICY

 

The Board approved the revision of the policy which raises the minimum dollar value of tangible personal property to $500. See attached policy:

 

18. REQUEST TO SCHEDULE WORKSHOP

 

The Board approved the following workshop schedule: Reschedule Panhandling and Solicitation Ordinance Workshop from July 8th to Tuesday, August 26, 1997 from 3:00 p.m. - 4:00 p.m.; reschedule Joint City/County Civic Center Hotel Workshop from July 8 to Wednesday, July 9, 1997 from 3:00 p.m. to 4:00 p.m.

 

  1. COURT ORDERED PSYCHOLOGICAL EVALUATIONS

 

The Board authorized the budget amendment to budget for court-ordered evaluations from the Fine & Forfeiture contingency account. See attached budget amendment:

 

20. CONTINUATION OF TITLE IV-D CHILD SUPPORT HEARING ENFORCEMENT GRANT

 

The Board continued with the Title IV-D Child Support Hearing Officer Enforcement Grant. (The grant will require a $19,256.03 annual match from Leon County, but the County will recoup $3,516 in indirect cost reimbursement revenue. Funds for the match are available in an unappropriated expenditures account in the Grants Fund.

 

  1. DONATION OF ART WORK FOR DISPLAY IN THE COURTHOUSE

 

This item involves the acceptance of an offer to donate artwork for permanent display in the Leon County Courthouse from the Child Advocates II of Tallahassee, Inc., Board of Directors on behalf and in honor of the Guardian Ad Litem Program, Second Judicial Circuit.

 

Commissioner Proctor pulled this item to express appreciation the Child Advocates for the donation, and inquired if there was a procedure for placing artwork in the Courthouse. The Chairman advised that an ad hoc committee had made recommendations several years ago but the committee is no longer active, and the Public Information Officer is responsible for screening offers and donations of artwork.

 

Commissioner Sauls moved, duly seconded by Commissioner Joanos and carried unanimously, to accept the donation of a sculpture by Judith L. Birtman for permanent display in the Leon County Courthouse on the Plaza Level, North Rotunda under the conditions as outlined in Attachment 1. See attached:

 

GENERAL BUSINESS

Item Not On Printed Agenda

 

The Chairman explained that a Motion for Reconsideration was made to the Board on behalf of the Buck Lake Alliance after the Board’s decision on June 17, 1997 regarding the Marsh Landing Site and Development Plan Appeal.

The County Attorney circulated a proposed Written Order which ratifies the decision made by the Board on June 17, 1997 regarding the Marsh Landing Site and Development Plan Appeal. The Chairman explained that there are two options available to the Board: either to hear the appeal and agenda the matter for July 8, 1997 or to uphold the Board’s previous decision as voted on (June 17, 1997); the County Attorney recommended including in the latter option approving the proposed Written Order as presented by the County Attorney.

 

Commissioner Host moved and was duly seconded by Commissioner Joanos to uphold the Board’s previous decision with the additional elements as described above by the County Attorney and approve the attached Written Order: (The County Attorney’s opinion is that by the Board ratifying its decision on the Order, such action can serve to deny and dispose of the Motion for Reconsideration filed by Buck Lake Alliance, Inc., et.al., on June 19, 1997.

 

The Board briefly focused discussion on comments made by citizens regarding the Board’s June 17th vote on this issue and stressed the importance of citizens maintaining a degree of civility regarding controversial issues.

 

Commissioner Proctor referred to the Southern Strategy and economic segregation, and indicated that construction of homes was needed in the southern section of the County. He also stated, for the record, that needed housing and access to good schools compelled him to support the Marsh Landing Development.

 

Regarding another issue, Commissioner Maloy reported that in response to a citizen complaint, he drove on Naab Road and observed the deplorable condition of the road. The Chairman explained that he also talked with this citizen. County staff will investigate the safety problem existing on the road.

 

The Chairman suggested that there was a "blight" on the quasi judicial process and that citizens should be able to communicate with their local officials.

 

Mr. Carlos Alvarez, attorney representing Buck Lake Alliance Inc., appeared and asked if attorneys were going to be able to speak on this issue. The Chairman explained that if the motion on the floor passes, attorneys would not be speaking on the issue.

 

The motion on the floor carried 5 - 2 (Commissioners Yordon and Thaell voted in opposition).

 

The Board recessed at 6:15 p.m., and reconvened at 6:30 p.m.

 

Immediately following the recess the Board entered the Public Hearing on Item 28, Joint City/County Site Specific Zoning, and then resumed discussion of remaining agenda items.

 

22. COMPENSATION FOR USE OF PUBLIC RIGHTS-OF-WAY BY TELECOMMUNICATIONS SERVICE PROVIDERS

The County Attorney has previously expressed to the Board concepts concerning both compensation and regulatory based ordinances for telecommunications companies’ use of the public rights-of-way.

 

The discussion focused on the County requiring a license or franchise fee for telecommunication companies’ use of public rights-of-way. The Chairman explained that the telecommunications industry has indicated that they will challenge the County’s ability to charge a fee for the use of the public rights-of-way. Additional discussion focused on management of ROW and mapping and identifying locations to establish a rate for mileage, etc. MIS Director Van Jones responded by advising that GIS maps would need to be provided.

 

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously (Commissioner Maloy was not present), to direct the County Attorney to draft a proposed ordinance which addresses compensation for use of public rights-of-way by telecommunications service providers. Commissioner Joanos stated that his vote to simply look at this issue and does note mean that his vote will be affirmative when the issue comes back.

 

  1. BRADFORDVILLE DESIGN STANDARDS

 

The issue before the Board proposes the adoption of an "overlay zone," which will address immediate concerns related to land use and aesthetic impacts in the Bradfordville area; subsequent to the adoption of the overlay, further work can be undertaken to implement a new zoning district and related design standards. (It is anticipated that it will take several months to develop appropriate standards for this area. The Board indicated that the immediate need in the Bradfordville area is to ensure that new development meets minimum standards for signage, buffering of non-residential development from major roadways, and road access.).

 

County Administrator Alam explained that staff is recommending an ordinance be prepared for implementing the Bradfordville Overlay District and to explore options for funding a 3-4 day charette in the Bradfordville area (as suggested by Commissioner Host) and report back to the Board.

 

Commissioner Host stated that this proposal is for interim standards in an overlay district and described in the map in Attachment 1 of the agenda request. (It is currently zoned Mixed Use A; the district would go up to the high school, just south of the Bannerman/Bradfordville intersection, near the Hunt Club on the west and on to Velda Dairy Road on the east. Commissioner Host referred to the draft interim design standards in the agenda request and recommended that on page 2 of 2 (a) that "All wall mounted signs be externally illuminated" rather than "internally illuminated."

 

The Board briefly focused discussion regarding three pieces of litigation that have come through the County Attorney’s Office, noting that staff has expressed concern that they may need to "gage" their dialogue in view of lawsuits being filed; this may hamper their creativeness in addressing the matter.

 

The following citizens appeared before the Board and expressed their respective views:

 

 

 

 

 

 

Commissioner Thaell inquired about the status of permitted use verifications (PUV) in the subject area, and the Bradfordville Stormwater Study Committee. Mr. Gary Johnson, GEM, reported that a gas station is currently under construction; the committee has held two meetings and a third meeting is scheduled for tomorrow; the committee is in the process of gathering information and it will be approximately 3-5 months before the recommended scope of study is completed. Commissioner Thaell suggested looking at a 4-lane highway through Bradfordville rather than a 6-lane road as proposed; suggested reverse frontage roads on the commercial areas and creative ways to address traffic.

 

Regarding the road proposal, Commissioner Host explained that the road has been designed, right-of-way has been purchased, the County has advanced funding to DOT. He suggested that the frontage roads be pursued and that it be a part of the mixed use area discussion. Regarding to the commercial node aspect, Chairman Yordon suggested that the road design be narrowed to four-lanes in the subject area rather than further up the road and stated that it is not too late to talk with DOT on this issue. Commissioner Thaell stated that if the Metropolitan Planning Organization (MPO) took a position and told DOT that this is the design the County desires to have in t his part of the community, DOT would have to listen to the MPO. Board supported having this discussion.

 

Mr. Geshwiler, Planning Department, explained that when staff started on this project, Commissioner Host asked staff to come up with interim standards that dealt with roadway access, landscaping, and signage, three things that the current Mixed Use A zoning does not adequately address in this area. As it relates to access management, staff attempted to restrict access to Thomasville Road, Bannerman, and Bradfordville Road, so there would not be proliferation of curb cuts. Mr. Geshwiler also explained the setbacks as follows:

 

 

 

 

Following considerable discussion, Commissioner Host moved to direct staff to bring back an ordinance for an overlay district that continues the Mixed Use A zoning in the boundaries as shown, that adopts the standards that were discussed by Mr. Geshwiler as it relates to setbacks and signage, except that it will be "externally illuminated" rather than "internally illuminated;" direct staff to explore the options for funding a charette; request MPO to engage in a discussion with DOT on four-laning through the Bradfordville area (someplace in the Mixed Use Area); place the service roads in this area to accommodate the movement that would be lost as a consequence of that or that helps the traffic flow in the area. Commissioner Thaell seconded the motion.

 

Commissioner Proctor offered a friendly amendment to make a recommendation to the MPO; if the two lanes are eliminated, that those funds be used for Crawfordville/Woodville Highway. He also suggested that the charette be privately subsidized.

 

Commissioner Joanos stated that he would not support funding $50,000 for the charette, and indicated that the road should be six-lanes. He also stated that setbacks and landscaping are already part of the code.

 

Chairman Yordon stated that he would be interested in increasing standards when the ordinance comes back; that it is unacceptable that it would take a year before the stormwater study comes back and suggested that it may be necessary to meet with the stormwater study committee on this matter; supports the funding for the charette; and does not support a moratorium at this time.

 

Chairman Yordon restated the motion: Staff should bring back the overlay ordinance, move forward on the charette, and have a discussion on the roads at the next MPO meeting. The motion carried 5-1 (Commissioner Proctor voted in opposition and Commissioner Maloy was not present). The County Administrator requested clarification of the motion: The Chairman explained that the Board approved Options 1 and 3 in the agenda request, with the addition of having the 4-lane discussion with the MPO. Commissioner Host stated that it involves Mixed Use A and not C-2-Z zone.

 

Option 1: Direct staff to prepare for introduction an ordinance implementing the "Bradfordville Overlay District."

 

 

Option 3: Direct staff to explore options for funding a charette in the Bradfordville Area and report back to the Board. If a funding source is not identified, staff will proceed to complete work on a zoning district for the Bradfordville area.

 

  1. PUBLIC SERVICE COMMISSION REGULATION OF PRIVATE WATER AND SEWER UTILITIES IN LEON COUNTY

 

The Board entered discussion regarding the transfer of jurisdiction from Leon County to the Public Service Commission (PSC) for regulation of private water and sewer utilities.

 

Commissioner Sauls moved to approve Option 3: Direct staff to establish a Water and Sewer Review Team to establish procedures for the annual review and monitoring of private water and sewer utilities (which will result in Option 2) to contract for consulting services for regulation of utilities.

 

Commissioner Joanos stated that he did not know enough about the issue to vote on it tonight. Commissioner Host stated that he would like to take another look at the issue in light of the what the City has expressed on this matter.

 

Commissioner Sauls withdrew her motion and moved to continue this item until July 8, 1997. The Board concurred with the continuance. The Board requested that more information on this issue be provided, including a report on the costs if the County assumes responsibility (including the costs for staff review).

 

25. RECONSIDERATION OF PREVIOUS ACTION TO ELIMINATE THE PROCTOR ROAD EXTENSION PAVING PROJECT FROM THE S.A.F.E PROGRAM

 

On June 10th, the Board removed Proctor Road Extension from the S.A.F.E. Program and directed that staff bring back information regarding the condition of the road, how the project fits into the long-range transportation plans, and how the agreement spoke to access and public use of the road. On June 17th, the Board instructed staff to develop an agenda item to facilitate reconsideration of the Board’s previous action to remove Proctor Road from the S.A.F.E. Program.

 

The Chairman explained that the property owner may be willing to open the road, leave it dirt, and put paving off until perpetuity. The Board indicated that they did not want to lose the right-of-way on Proctor Road.

 

Commissioner Sauls moved, duly seconded by Commissioner Thaell and carried unanimously (Commissioner Maloy was not present), to rescind the Board’s previous action on this project.

 

Commissioner Host, duly seconded by Commissioner Sauls and carried unanimously (Commissioner Maloy was not present), to open up the road, maintain and stabilize it as a non-paved road.

 

26. FUNDING REQUEST OF $500 FROM FSU SEMINOLE YOUTH BOWLING LEAGUE FROM PREVIOUSLY APPROVED COMMUNITY SERVICES ALLOCATION FOR YOUTH TEAMS

 

Commissioner Thaell moved, duly seconded by Commissioner Sauls and carried 5 - 1 (Commissioner Host voted in opposition and Commissioner Maloy was not present), to approve funding in the amount of $500 for the F.S.U. Seminole Youth Bowling League Program from the Community Services Trust Account.

 

27. APPOINTMENTS

 

Adjustment and Appeals Board: Commissioner Host reappointed William Douglas.

 

Architectural Review Board: The Board reappointed Terry Peterson and John Barley.

 

Child Care Licensing Advisory Council: The Board reappointed Pat Sneed and Jo Shuford-Law, and continued the appointment to the "Early Childhood Education Specialist" category.

 

Tallahassee/Leon County Planning Commission/Local Planning Agency: The Board continued this item and staff will contact Mr. Winchester by next week.

 

28. 6:00 P.M. PUBLIC HEARING - JOINT CITY/COUNTY PUBLIC HEARING ON SITE SPECIFIC ZONING

 

The County and City Commissions met jointly on June 24, 1997 in the County Commission Chambers of the Leon County Courthouse. County Commissioners present were Commissioners Yordon, Joanos, Host, Thaell, Maloy, Sauls, and Proctor. City Commissioners present were Commissioners Maddox, Meisburg, and Bailey.

 

Pursuant to legal advertisement, the Joint City-County commission public hearing was conducted on the Site Specific Zoning.

 

 

 

 

Chairman Yordon called the meeting to order at 6:25 p.m. for the purpose of taking public comments on the Site Specific Zoning (SSZ) process. He announced that there would be no discussion or action on map amendments at this meeting, that the public hearing scheduled for July 29, 1997, would be the meeting at which map amendments were acted upon for the County, and he urged those present who wished to address the Joint Commission to limit their comments to the different zoning categories only.

 

Ms. Wendy Grey, Planning Department Director, gave an overview of the background and history of the Site Specific Zoning process, the reasoning for its initiation, and the objectives which the Planning Department hoped the process would meet. She concluded by outlining the remaining schedule for the process.

 

In response to language in the Public Hearing Agenda Item which stated "At the May 27 Board (County Commission) meeting, the Board indicated it might reconsider the density (in the newly created RHA zoning district) to be comparable to the City", Chairman Yordon announced that the County Commission did not vote to reconsider the density, but voted 4-3 to change it.

 

The County Commission voted 5-2 (County Commissioners Maloy and Joanos opposed) to reaffirm its vote to change the density of the RHA (Residential Half Acre) zoning district to a density comparable to the City.

 

Ms. Grey explained that the Joint Commission, after taking public comments, may want to have discussions with staff regarding the Planning Commission’s Consistency Review, since the determination of the Planning Commission differed somewhat from the recommendation made by staff. She indicated that there would need to be a finding that the Code was consistent, but that action would not be needed until public hearing adoption. Ms. Grey reviewed the progress of work with representatives of the owners of the Hilltop property located near Mahan Drive and Interstate 10 (I-10) on developing and designing a zoning district known as the Interstate/Interchange Commercial District per Joint Commission direction. She announced that closure had not yet been reached on this project, but the participants were still continuing to try and resolve this issue.

 

City Commissioner Meisburg announced that City Commissioner Lightsey would not be present at this meeting because she was chairing a meeting in Ft. Lauderdale of the Members of the Regional Planning Councils of the State.

 

County Commission Chair Yordon announced that County Commissioner Maloy would be leaving the meeting early because, as the incoming President of the Florida Association of Counties (FAC), he had to go to the FAC meeting being held that week in South Florida.

 

Mayor Maddox announced that City Commissioner Weaver would also not be in attendance as he was still out of town.

 

Chairman Yordon announced the following citizen appearances:

 

Mr. Dan McDaniel, 1907 Ivan Drive, former President of the Council of Neighborhoods Association (CONA), appeared before the Joint Commission and discussed the position of that organization and its concern for those properties that are being rezoned to zoning categories that allow densities greater than those properties had prior to the adoption of the Comp Plan, noting this might allow mixed use properties in and around residential neighborhoods to have too high a density.

 

Mr. Scott Hannahs, RR19 Box 1252, Quail Valley Road, appeared before the Joint Commission and discussed incentives for development inside the Urban Services Area (USA) and the newly created Residential Acre/Residential Half Acre (RA/RHA) zoning districts. He further discussed concerns with the Commercial Parkway zoning district and emphasized restricting the areas this zoning district was applied to.

 

Mr. Hannahs concluded by discussing the protection of lake water quality and restricting the types of zoning districts allowed in Lake Protection zoning districts.

 

Mr. Russ McGregor, 3102 Ortega Drive, appeared before the Joint Commission and discussed some differences between the City and County Zoning Codes. He made suggestions relative to both codes, including the mapping of the RA/RHA zoning districts, making the Zoning Codes supportive of the Comp Plan, street access standards, environmental and concurrency requirements for rezoning, the minimum size of Planned Unit Developments (PUDs), noise and lighting standards, the differences between the two neighborhood commercial designations C-1 and C-2, et cetera.

 

Mr. Edward Malo, 2312 Eastgate Way, appeared before the Joint Commission and discussed the need for buffering standards. He suggested to the planners and those working on site specific zoning that they take buffering standards into careful consideration in that process.

 

Mr. Michael Hugo, 1815 Thomasville Road, Area Supervisor for Eastern Federal Theatres, appeared before the Joint Commission and presented a letter from the Eastern Federal Real Estate Director to Ms. Wendy Grey requesting changes or additions to the C-2 zoning category, including the addition of indoor theatre amusements, automotive retail, and other retail and convenience stores as permitted uses in this zoning category, relative to the Miracle Plaza on Thomasville Road.

 

The Joint Commission concurred to direct the staff to include Indoor Theatres/Motion Picture Theatres, if they were not presently included, in the definition of the C-2 zoning district and to consider some of the other uses Mr. Hugo brought forward for inclusion also.

 

 

Mr. Everett Drew, 215 Delta Court, appeared before the Joint Commission and commended the Planning staff for its effort in returning the community to site specific zoning, noting the confusion which existed with mixed use zoning. He brought forward several issues which he felt had been overlooked or had not been looked at in depth. Mr. Drew discussed minimum gross densities, street vehicular access restrictions, the need to keep duplicate language in the Comp Plan and Zoning Code the same, noting that when one is amended or changed the other ought to be amended or changed simultaneously, and design and parking standards. Mr. Drew explained that this process ought to address land use zoning issues and other issues such as noise and lighting should be not be addressed in these proceedings. He suggested that the rest of the community also be zoned site specific and that the Joint Commission have a mandatory review in one year after adoption of Site Specific Zoning.

 

Mr. Dick Wilson, P.O. Box 629, appeared before the Joint Commission and discussed his frustration with the constant changes to the Zoning Code which had occurred over the years, citing specific example of property he had owned and used for which the zoning standards had changed while in his possession. He expressed a sense of betrayal at having government say one use is appropriate and then changing it after he purchased the properties, noting this was tantamount to not telling the truth to the community.

 

Discussion focused on what extent there were instances in which citizens have been vested for particular purposes and that they might be grandfathered in by the activity they were conducting. It was established that those non-conforming uses that are legal according to the current code could continue indefinitely once the new code is adopted, however, if the use is destroyed or discontinued, only a use that was consistent with the new code could be established on the property.

 

Brief discussion focused on where Mr. Wilson was in the process. Ms. Grey indicated that if Mr. Wilson’s concerns were not on file in the Planning Department, staff would meet with him and check on the properties he referenced which were in the flight path of departing and landing aircraft at the airport for which Mr. Wilson indicated residences were the only allowable use.

 

Discussion focused on Mr. Wilson’s concern that he had an industrial plant on his property in the southwest and the placement of a residence on adjoining property would not be feasible and the Joint Commission concurred and informed Mr. Wilson that was the reason for having the staff review the matter and meet with him about his concerns.

 

Mr. Jack Conrad, Millstone Plantation, Thomasville Road , appeared before the Joint Commission and discussed the C-2 zoning district language relative to the Bradfordville area. He indicated a desire to see government complete the Bradfordville Stormwater/Water Quality Study before a decision was made on what and where commercial zoning should take place in this area.

 

Discussion focused on the previous actions of the Joint Commission and County Commission relative to the Bradfordville area and the Joint Commission assured Mr. Conrad that the decision had already been made to wait for the study he referenced before any site specific zoning was applied to the mixed use areas in Bradfordville and that discussion on the charette would occur at the County Commission meeting later that evening.

 

Mr. Conrad continued to discuss his concerns with a gas station being built in the lake basin and other permitted uses which could harm the lake.

 

Discussion focused on Mr. Conrad’s concern and County Commission Host indicated that every parcel of property in Leon County was in some lake basin and he questioned whether Mr. Conrad was suggesting that there should not be any of those uses in Leon County.

Mr. Conrad responded that the Joint Commission should look at that issue very closely and consider raising the standards through ordinances for lake protection.

 

Mr. Conrad concluded by discussing a "green corridor" on Thomasville Road and buffering standards for the Bannerman/Bradfordville and Thomasville Road areas.

 

The Joint Commission indicated that it felt Mr. Conrad should hold his comments until action was taken on site specific zoning in the Bradfordville area.

 

Mr. Robert Butler, 520 West Orange Avenue, appeared before the Joint Commission and discussed concerns with the frequent change of zoning for his family’s business property, noting that the property was C-3 ten years ago and has changed twice since then. He indicated a concern that the property from Wahnish Way to Pasco Street had three businesses on it and was now being proposed for a change to residential zoning.

 

The Joint Commission concurred to change the zoning designation on the strip of property on Wahnish Way from Orange Avenue to Pasco Street to a commercial zoning designation as it was prior to its being rezoned to a mixed use zoning district.

 

Mr. Bob Fulford, 231 Westridge Drive, appeared before the Joint Commission and discussed the need for the inclusion of design standards in the new code and his desire to see, not only their inclusion, but for the design standards to be tougher.

 

Mayor Maddox moved to conclude the public hearing and notice the next public hearing for July 8, 1997, at 6:00 p.m. in County Commission Chambers at the Leon County Courthouse.

 

Commissioner Thaell seconded the motion.

 

 

 

Discussion focused on direction to be given to staff relative to design standards, the adjacency of zoning districts and compatibility of uses, acronyms for zoning districts, and performance based standards, et cetera.

 

The Joint Commission directed the staff to look at making changes to the mobile home park restrictions by changing the restriction of 10 acres or more and the lot size from 40X80 feet to 40X75 feet, making the acronyms more closely reflect the zoning district to which they are applied, provide additional information on where mobile homes would be allowed, and to look at the area between Apalachee Parkway and Lafayette Street which is proposed to be zoned up and not allow drive-thru traffic; for possible text changes which would allow businesses with drive-thru facilities.

 

Brief discussion focused on a parcel of property between the shopping center at K-Mart on Apalachee Parkway and Indianhead Acres which was being proposed to be zoned OR (Office Residential) under the Site Specific Zoning process and the need to be careful relative to the zoning of this very sensitive green space area.

 

Chairman Yordon inquired if there were any more questions, comments or discussion and, there being none, the joint meeting was adjourned at 7:45 p.m.

 

(The Board recessed at 7:45 p.m., and reconvened at 7:55 p.m. and continued with discussion of agenda items commencing with Item #22.)

 

COUNTY ADMINISTRATOR

a. Item not on printed agenda

RELEASE OF MAINTENANCE AGREEMENT FOR ST. AUGUSTINE WOODS, UNIT #2

Commissioner Host moved, duly seconded by Commissioner Sauls and carried unanimously, to release the maintenance agreement and surety device for St. Augustine Woods, Unit #2.

 

b. The Board scheduled a workshop for the County Commission and staff only, on densities inside and outside the U.S.A. for Tuesday, July 8, 1997, 3:30 to 4:30 p.m.

 

DISCUSSION ITEMS BY COMMISSIONERS:

 

Commissioner Proctor:

  1. Asked if there was the possibility of getting more cable channels to the Southside and if the Southside is getting "as much for the dollar" as some other areas of the County. The Board concurred that the staff write a letter of inquiry to the Comcast regarding this issue.

 

b. Requested a report on open container violations and raised questions: are they occurring more inside the urban core, etc. The Board concurred. The Chairman suggested that materials be provided from the workshop with the Sheriff on this same issue.

 

c. Advised that the Urban Bush Women (in partnership with FSU) will have an African Caribbean dance on Monday, June 30, 1997 at Ruby Diamond.

 

Commissioner Joanos:

Reported that he received a complaint regarding mosquitoes in the Turkey Run Subdivision area that has not been sprayed since 1992; the citizen received Board permission in 1992 to discontinue spraying the subject area because he claimed that the spraying would harm his commercial fishing business. Commissioner Joanos indicated that the citizen apparently does not have an occupational license. The Board authorized Commissioner Joanos to resolve the situation and provide Mosquito Control with direction on this matter, and asked that he report back to the Board.

 

Commissioner Host:

Wished Commissioners a safe trip when traveling to attend the Florida Association of Counties conference and a happy July Fourth Celebration.

 

Commissioner Thaell:

  1. Offered congratulations to citizens "graduating from the Comprehensive Plan class conducted by Growth Management, and recommended adopting a resolution for Kathy Archibald for her leadership in this effort. The Board concurred.

 

 

Commissioner Host stated that another workload is being imposed on staff to conduct training classes for citizens. The Board directed staff to request the Commission to make a decision on all future citizen requests which would require significant staff time.

 

Commissioner Sauls:

Advised that a Planned Use Verification (PUD) has been issued for a race track on Highway 20 which has been inactive for some 15-20 years. Commissioner Sauls explained that the race track abuts next to Whispering Pines Subdivision and citizens are concerned with safety, noise, vibrations and addition traffic if the track is opened. She requested that the Board look at the noise ordinance on a very limited basis on the impact a commercial venture has on a neighborhood; and ask the Planning staff to determine if this is an appropriate use in this zoning district. The Board concurred.

 

Chairman Yordon:

Announced that he and the Mayor had agreed to grow goatees to show support for Commissioner Joanos’ "run" on July 2, and invited others to join in the show of support.

 

There being no further business to come before the Board, the meeting adjourned at 9:45 p.m.

 

APPROVED:_______________

Gary Yordon

Chairman

 

 

 

 

 

 

ATTEST:

 

 

 

 

 

____________________________

Clerk of the Circuit Court