BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

REGULAR MEETING

JULY 8, 1997

 

The Board of County Commissioners of Leon County, Florida, met in regular session with Chairman Yordon presiding. Those in attendance were Commissioners Joanos, Host, Thaell, Maloy, 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 offered by the Reverend Emory Hingst, Pastor of St. Stephen’s Lutheran Church, at the invitation of Commissioner Thaell.

 

AWARDS AND PRESENTATIONS

Commissioner Thaell presented a resolution to Ms. Kathy Archibald. Chairman Yordon presented a resolution in recognition of "Zero Tolerance of Domestic Violence in Leon County," and a resolution to Commissioner Joanos in recognition of his one-mile run on July 2, 1997. See attached resolutions:

 

1. INTRODUCTION OF NEW COUNTY EMPLOYEES

 

Ms. Debbie Warren of Human Resources introduced the following new employees: William Reese, Public Works Operations; William Rice, MIS/GIS; Michelle Taylor, MIS; Kate West, Housing/Human Services; Michael Smith, MIS; Alma Davis and James Roach, Solid Waste Division.

 

CONSENT AGENDA

Commissioner Maloy moved, duly seconded by Commissioner Sauls and carried unanimously, to approve the Consent Agenda as follows with the exception of items 7, 9, 10, 13, 14, and 15 which were addressed as described:

 

2. BILLS AND VOUCHERS

 

The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: $4,105,176.41

 

3. MINUTES APPROVAL

 

The Board approved the following Minutes: May 20,1997 and June 10, 1997 Regular Meetings.

 

  1. BUDGET AMENDMENT: FLORIDA SUPREME COURT GRANT-IN-AID

 

The Board approved the attached budget amendment to expend $15,000 from the Florida Supreme Court to partially fund a family mediator position in Leon County:

 

5. SHERIFF’S REQUEST FOR UTILIZATION OF LAW ENFORCEMENT TRUST FUND MONEYS

 

The Sheriff has requested that moneys from the Law Enforcement Trust Fund be transferred to his General Fund Operating budget in the amount of $14,067 for utilization in accordance with Chapter 932.7055, Florida Statutes.

 

6. 1997-98 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) ALLOCATION

 

The Board approved submission of the grant application using the funds as proposed by the Local Law Enforcement Block Grant (LLEBG) Advisory Board. The following projects are proposed: CJIS-replacement back-up system, Sheriff Department/School Board-overtime for law enforcement officer; Juvenile Drug Court; Adult Drug Court; SCALES/Teen Court.

 

7. REQUEST TO SCHEDULE PUBLIC HEARING TO AMEND THE HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT

 

The remaining unused relocation funds must be reprogrammed to the rehabilitation line item so that all funds can be expended by the close-out deadline. A public hearing is required to consider making the above modifications to the grant contract. Commissioner Proctor removed this from Consent to state that changes to the CDBG contract should be treated as substantive changes rather than procedural, and requested that such changes should be placed on General Business rather than Consent. Ms. Sandra Whitehead, Community Services, responded to the Board’s inquiries.

 

Commissioner Proctor moved, duly seconded by Commissioner Maloy and carried unanimously, to schedule the public hearing on amending the Housing CDBG for July 22, 1997 at 6:00 p.m.

 

8. DONATION TO THE LIBRARY

 

The Board accepted the $1,000 donation to be used for the next LeRoy Collins Leon County Public Library for the 1998 LeRoy Collins Legacy Lecture. See the attached budget amendment request

 

9. RESOLUTION OF REVENUE SHORTFALLS IN THE FELONY DRUG COURT PROGRAM

 

On April 22, 1997, staff presented to the Board, a report on revenue short-falls in the Felony Drug Court. The Board directed staff to prepare this agenda item to address the funding options for the drug court in order to reduce jail time and its attendant costs to Leon County.

 

Commissioner Proctor removed this item from Consent to inquire about the dollar amount in the recommendation. Mr. Brent Wall, Assistant to the County Administrator, responded to the Board’s inquiries.

 

Commissioner Proctor moved, duly seconded by Commissioner Maloy and carried unanimously, to accept the attached report: See attached budget amendment:

 

 

10. RECOMMENDATION FOR EXTERNAL AUDITING FIRM FOR LEON COUNTY

 

The next item of business was the recommendation of an external auditing firm for Leon County. Commissioner Host pulled this item for discussion and stated that a new firm should be considered rather than the firm that has been doing business with the County for many years, and he would like assurance that the audit will be completed in an expeditious manner. Further discussion focused on the amount of time it takes to conduct the audit and MBE participation. Mr. Bill Bogan, Finance Director, responded to the Board’s inquiries and stated that the firm has changed ownership throughout the years, that MBE requirements have been met, and he anticipates receiving the Certificate of Achievement for Excellence for Financial Reporting. Mr. Bogan stated that the goal is to have the audit completed and documents in hand by the end of February each year, and this matter has been discussed with the proposed firm.

 

Following some discussion, Commissioner Host moved, duly seconded by Commissioner Sauls and carried unanimously, to appoint Thomas Howell Ferguson P.A. and Law, Redd, Crona, & Munroe P.A. as external auditors and authorized the Chairman to sign contract agreement.

 

11. RATIFICATION OF ADOPTION OF CDBG HOUSING REHABILITATION, ANTI-DISPLACEMENT AND RELOCATION POLICY

 

The Board ratified adoption (February 11, 1997) of the attached Community Development Block Grant (CDBG) Local Rehabilitation, anti-displacement and Relocation Policy:

 

12. TEMPORARY CONSTRUCTION EASEMENT FOR GILBERT POND

 

This item involves an agreement/easement between the County and the two property owners controlling Gilbert Pond Dam. The approved easement will allow the County a one-time, short-time access to the property to install a collar to modify the dam’s standpipe. The easement will also hold the County responsible for correcting any damages that might occur during the installation process.

 

The Board approved the Construction easement and provided the necessary signatures (Richard Ingram, property parcel number 14-23-18-0860 and Kelley Herman, property parcel number 14-23-18-1070.

 

  1. PROPOSED MISSION STATEMENT AND PRIORITY LIST SUBMITTED BY THE CITIZENS USER GROUP

 

The Growth and Environmental Management (GEM) Citizens User Group has developed a proposed mission statement and priority issues list based on previous Board direction and current County growth management policy discussion area. The Citizens User Group is requesting board approval of their proposed mission statement and priority issues list which will be used by the group to guide future discussions and policy recommendations that will be presented to the Board for review and consideration.

 

Commissioner Host removed this item from Consent and stated that the mission statement appears to be too broad, and indicated concern with the membership. He indicated that anyone filing suit against the County should not be a member. Commissioner Proctor stated that committee did not include any representatives from the Southside of the County and that it should be more balanced. Chairman Yordon expressed his opposition to increasing the size or the committee, and stated that this group is supposed to, under the Board’s direction, look at developing ordinances; their practicality, how they affect and regulate the industry, and whether they are applicable to the community.

 

Commissioner Maloy stated that he does not wish to disband the current committee but in an effort to compromise, he moved and was duly seconded by Commissioner Joanos to disband the GEM citizens user group as it presently exists and each Commissioner will bring back two appointments, one from each category (one developer/contractor and one environmentalist/

neighborhood) and that this be brought back to the Board next week, July 15, 1997; that "thank you" letters be sent to the current members acknowledging their contribution. Commissioner Maloy encouraged the Board to consider the current list as potential appointees before looking elsewhere. The motion carried 5 - 2 (Commissioners Yordon and Thaell voted in opposition.)

 

The Board recessed at 6:10 p.m., and reconvened at 6:20 p.m.

 

14. PROPOSED METHODOLOGY FOR IMPLEMENTATION OF TRANSFER OF STORMWATER MANAGEMENT FACILITY ACROSS ZONING DISTRICT LINES

 

The next item of business involved the proposed methodology and policy direction for implementing the transfer of stormwater management facility requirements across zoning district lines.

 

Chairman Yordon pulled this item for discussion and stated that the Board wanted to make an option available for a developer to buy an adjoining piece of residential property to add an additional stormwater facility, but it appears that the item has come back as a disincentive because of the list of standards. The Chairman recommended removing the list of standards and replacing it with direction that each individual site be subject to staff interpretation, since each development is uniquely different, using best management practices or either bring the item back on the regular agenda for reconsideration.

 

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, that this item be brought back for Board consideration.

 

15. PROPOSED METHODOLOGY FOR PHASING VESTED TRIPS AND CAPACITY RESERVATION

 

At the May 13, 1997 workshop on the County’s Transportation Concurrency Management system and related issues, staff was directed to develop an appropriate methodology for phasing roadway capacity reservation for vested trips into the County’s Concurrency Management System, and to amend supporting ordinances as required for implementation.

 

Vice-Chairman Joanos assumed the Chair. Commissioner Proctor moved and was duly seconded by Commissioner Yordon to approve Option 1 with the addition of placing a seven-year cap placed on vesting. Option 1: Direct staff to revise the County’s Concurrency Management System to implement the phasing of vested trip impact on the roadway system as outlined in the attached agenda request.

 

Commissioner Host stated that he will support Option 1 but he cannot, at this time, phase-out vesting without knowing the impact. Commissioner Maloy voiced the same comments.

 

County Attorney Thiele explained that a phase-out could be done but some type of criteria should be developed, most communities that phase-out have sliding scale.

 

Commissioner Thaell moved a substitute motion that staff be directed to bring back a discussion item/plan on phasing-out vesting and look at timelines. Commissioner Yordon seconded the motion which carried 6 - 1 (Commissioner Joanos voted in opposition).

 

Commissioner Thaell moved, duly seconded by Commissioner Host and carried 6 - 1 (Commissioner Yordon voted in opposition), to approve Option 1: Direct staff to revise the County’s Concurrency Management System to implement the phasing of vested trip impact on the roadway system as outlined in the attached agenda request:

 

16. RATIFICATION OF POLICIES/PHILOSOPHY FOR CODE ENFORCEMENT BOARD RULINGS WORKSHOP

 

On April 15, 1997, the Board directed staff to schedule a workshop to address the CEB’s Policies and Philosophy toward correcting violations and assessing financial fines against violators. The Board conducted the workshop on June 10, 1997, and commended the CEB on their performance and encouraged them to continue with their current policies and philosophy.

The Board ratified the decision to continue the current policies and philosophy for the Code Enforcement Board (CEB).

 

17. RELEASE OF MAINTENANCE AGREEMENT FOR KINHEGA OAKS SUBDIVISION

 

The Board released the maintenance agreement and surety device for Kinhega Oaks Subdivision and authorized the assignment of CD#7469864 to Lewis Hill Sr., Trustee.

 

18. STATUS REPORT ON BOARD RETREAT ASSIGNMENTS

 

During the retreat the Board requested staff to begin work on numerous assignments in identified areas. This agenda request includes tables showing the progress made to date on those assignments. The Board accepted the attached status report:

 

The Board adjourned as the Leon County Board of County Commissioners and convened as the Leon County Commission Governmental Leasing Corporation

 

19. TRANSFER TITLE TO CERTAIN COMPUTER EQUIPMENT TO IBM/CONTRACT WITH IBM FOR NEW MULTIPRISE SERVER

 

In January of 1993, the LCCGLC approved the purchase of the current mainframe computer (Hitachi Data Systems, EX38, based on board actions of October, 1992. In the following agenda, MIS is requesting the purchase of a new Multiprise Server that will require the trade-in of the following equipment to IBM:

 

EX38 Processor, Serial #10282; 7990-4L Additional Disk Drive, Serial #3088A; 7990-4L 16M Additional Memory, Serial #8854; 6890 Storage Unit, Serial #1238; 6880 Model 3 storage unit, Serial 1352.

Commissioner Host moved, duly seconded by Commissioner Joanos and carried unanimously, to approve the title transfer of the above described computer equipment to IBM conditional upon Board approval of the IBM contracts. (By approving the title transfer of the computer equipment to IBM as a trade-in toward the purchase of the new IBM Multiprise service, the county will be in a position to save over $230,000 over the next five years.)

 

The Leon County Governmental Leasing Corporation adjourned and the Leon County Board of County Commissioners reconvened.

GENERAL BUSINESS

 

20. CONTRACT WITH IBM FOR PURCHASE OF NEW MULTIPRISE SERVICE AND HARDWARE AND SOFTWARE MAINTENANCE

 

The Leon County Management Information Services (MIS) Division is requesting Board approval of a contract between Leon County and IBM for hardware and software maintenance, as well as acquisition of a new Multiprise Server that will replace some of the existing equipment within the MIS Data Center.

 

Mr. Van Jones and Mr. Carl Bengston from MIS responded to the Board’s inquiries and explained the Clerk’s question regarding other alternatives. Mr. Bengston explained that the alternatives would involve expending more funds and would not give the County a system that would carry them into the year 2000 and beyond.

 

 

Commissioner Host moved and was duly seconded by Commissioner Maloy to approve Option 1: Approve the contracts and acquisition of the new Multiprise Service and authorize the Chairman to execute the IBM contracts.

 

21. CONSIDERATION OF NEW POLICY REGARDING VOTING CONFLICTS ON COMMITTEES, COUNCILS, BOARD AND AUTHORITIES

 

Occasionally, an issue regarding a conflict of interest arises concerning members appointed by the Board of County Commissioners to committees, councils, boards, and authorities on certain issues upon which they are to vote. The County Attorney’s Office was directed to draft a proposed policy regarding the issue of voting conflicts in this regard.

 

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to adopt the attached policy on "Voting Conflicts on Boards, Committees, Councils, and Authorities":

 

22. FUNDING REQUEST FOR AFRICAN AMERICAN CARIBBEAN DANCE THEATRE

 

Commissioner Thaell moved, duly seconded by Commissioner Proctor and carried 5 - 2 (Commissioners Host and Joanos voted in opposition), to approve funding in the amount of $10,000 for the African American Caribbean Dance Theatre, Inc. (to be allocated from the Board discretionary human services account).

 

  1. YOUTH PROGRAM FUNDING

 

Commissioner Thaell moved, duly seconded by Commissioner Maloy and carried unanimously, to approve funding in the amount of $500 for the Messer Park Baseball Program from the Community Services Trust Account.

 

24. ARCHITECTURAL SERVICES FOR THE LEROY COLLINS LEON COUNTY PUBLIC LIBRARY BOND AND NORHEAST BRANCH LIBRARIES

 

The Board approved the firm of JRA Architects Inc., to design the Bond and Northeast Branch Libraries, and to bring the contract to the Board. Commissioner Proctor reminded the architect that the Bond Branch had been renamed the Dr. B. L. Perry, Jr. Branch.

 

25. SCIENCE ADVISORY COMMITTEE’S RESPONSE TO PROPOSAL TO RELOCATE GOLDEN ASTER

 

This item involves the Science Advisory committee’s response to the offsite relocation of listed species that occur in sandhill regions such as the bent golden aster, gopher tortoise and gopher frog.

 

Commissioner Joanos moved, duly seconded by Commissioner Proctor and carried 6 - 1 (Commissioner Thaell voted in opposition), to approve Options 1 and 4: Accept the Science Advisory Committee Resolution and continue with the provisions approved by the Board on April 29, 1997; appoint a task force of conservation scientists to perform a review of mitigation and species management options for the rare and listed sandhill species, focusing on the bent golden aster and the sandhill habitat. See attached Resolution:

 

26. REQUEST FOR REVIEW FROM BENJAMIN K. PHIPPPS FOR BOARD REVIEW OF GROWTH MANAGEMENT’S DENIAL OF SILVICULTURAL PERMIT

 

Mr. Benjamin K. Phipps’ silviculture application for parcel No. 11-05-20-412-000 was denied by the Growth and Environmental Management Department (GEM). Mr. Charles Francis, representing the applicant, appeared and explained that the subject property, Ivanhoe Woods Subdivison involves lot 5 which is a 25-acre lot and the remainder of the lots are approximately 2 acres per lot. Mr. Francis referred to an agreement between Mr. Phipps and the Property Appraiser which stated that if Mr. Phipps goes forward with his silviculture activity he will have his silviculture classification in 1996, which is the year he applied. He further stated that the Code of Laws does not prohibit silviculture activity on a lot included within a subdivision, particularly a lot of this size.

 

County staff explained that based upon the lack of an agricultural assessment classification which involves certain criteria and referenced provisions of the Code of laws, they cannot issue a silviculture permit. It was noted that subject parcel is in litigation for alleged failure to carry out a settlement agreement between the applicant and the Property Appraiser office.

 

Following some discussion, Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, to approve Option 2: Approve the issuance of a Silviculture Permit on behalf of Benjamin Phipps for this subject parcel.

 

27. RE-CONSIDERATION OF MINING STATUS DETERMINATION AND PERMIT EXTENSION REQUEST: GHAZVINI PROPERTY

 

Mr. Mike Bist of the firm of Gardner, Shelfer, Dugger and Bist, representing Mr. Steve Ghazvini, explained that approximately one year ago a permit (parcel #641) was issued for the sandmining operation subject to the applicant obtaining the appropriate land use designation within one year from issuance. The Tallahassee-Leon County Planning Department prepared a comprehensive plan amendment that would allow sandmining activities for the subject site, but the amendment was not approved. (The Board was informed that the permit would expire on July 22, 1997 and the Board requested that the issue be brought forward for discussion.

 

On June 24, 1997, the Board directed staff to meet with the owners and assist them in developing a strategy to minimize the adverse impacts identified by the neighbors involving health issues exacerbated by excessive dust, heavy traffic.) Mr. Bist further explained that Mr. Ghazvini paved the road to minimize the dust problem, fencing was installed, and other improvements were made. He further stated that sandmining and reclamation has been ongoing on the site since 1985 and urged the Board to grant the permit.

Mr. Ginny Lambert, 5000 Ruthenia Road, appeared and urged the Board to not allow the sandmining on parcel #641 and stated that Mr. Ghazvini purchased this parcel in 1995. She urged the Board to not allow the permit on lot #641. Condition of this permit was that the passage comp plan amendment land use designation it was not passed.

 

Mr. Lee Hartsfield of GEM explained that pursuant to Board direction on June 24, staff considered mitigation of all adverse impacts of all three parcels that are currently under reclamation activity which includes parcel numbers 622, 642, 641.

 

The applicant, Mr. Steve Ghazvini, 4227 North Monroe, appeared and echoed comments made by his representative, Mr. Bist, and requested that the Board allow him to continue with the sandmining operation. In response to Commissioner Proctor’s question, Mr. Ghazvini explained that 85 employees would be impacted if the permit is not extended.

 

Mr. Dennis Prescott, 4625 Bellarose East Street, appeared and presented a petition signed by residents in the area opposing the sandmining activity, and stated that has endured the public nuisance for 13 years. Mr. Prescott elaborated on the adverse effects cause by the dust and noise from the trucks.

 

Chairman Yordon announced, for the record, that he was in receipt of the attached faxed letter, shortly before the Board meeting, from Mr. Bill Grimes, President of Grimes, Inc., advising that he could not attend the meeting but wished to report that he has had no complaints regarding Mr. Ghazvini’s operation.

 

Following a lengthy discussion, Commissioner Host moved, duly seconded by Commissioner Maloy to approve Option 1: Grant an extension to July 22, 1999, for the amended Environmental Management Permit #96-117, as submitted with the additional conditions as follows:

Renovation of "wheel wash" with additional paving to and from the new access road and an area specific schedule of stabilization of exposed graded areas with

seed and mulch, (one acre as reclamation is completed). The motion carried 5- 2 (Commissioners Thaell and Sauls voted in opposition).

 

  1. BOARD CONSIDERATION OF OPERATING PERMIT FEE RESOLUTION FOR STORMWATER MANAGEMENT FACILITIES

 

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, to approve the attached fee resolution (R97- ) for an operating permit fee of $523 (actual cost) to be assessed and added to the list of current Environmental Compliance Fees:

 

29. BOARD CONSIDERATION OF CONTRACTORS’ PERMIT FEE FOR CONTRACTORS FILE MAINTENANCE

 

Commissioner Maloy moved, duly seconded by Commissioner Proctor and carried unanimously, to approve the attached fee Resolution (R97-16) for a contractors permit file fee ($35 assessed annually for establishing and maintaining each contractor’s permit file):

 

30. RESOLUTION FOR REVISED SCHEDULE OF FEES FOR THE 121-GROWTH MANAGMENT FUND

 

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, to adopt the attached Resolution (R97-17), adopting a subsidy level of 45-percent for the 121 Growth Management Fund which tracts the City’s fees which would have less impact on ad valorem but more impact on fees): Mr. Lee Hartsfield, GEM, explained that the user group was a little dissatisfied with the City’s fee structure regarding part 1 and part 2, environmental analysis; the user group felt the lower fee should be for part 1 and the higher fee should be for part 2; this will make a small difference in the subsidy and the City’s fee. The Board advised staff to use their own judgment.

 

31. APPOINTMENTS

 

Board of Adjustment and Appeals: Commissioner Host appointed Tom H. Dilger to fill the unexpired term of Mr. Bob Fulford.

 

Planning Commission/Local Planning Agency: Commissioner Thaell moved, duly seconded by Commissioner Host and carried 6 - 1 (Commissioner Joanos voted in opposition), to reappoint Daniel Winchester.

 

  1. PUBLIC HEARING - JOINT CITY/COUNTY SITE SPECIFIC ZONING, CODE TEXT

 

Pursuant to legal advertisement, the City of Tallahassee Commission and the Board of County Commissioners met in a joint session in the County Commission Chambers in the Leon County Courthouse at 6:20 p.m. City Commissioners present were Commissioners Meisburg, Lightsey, and Bailey. County Commissioners present were Commissioners Yordon, Joanos, Host, Maloy, Thaell, Sauls, and Proctor. The City and the County commissions are adopting new zoning codes and zoning maps to replace "Mixed Use Zoning."

 

(Chairman Yordon announced that the Mayor would not be in attendance since he was ill.)

 

Ms. Wendy Grey, Planning Department Director, gave a brief overview of the agenda and the SSZ process to date. She indicated that the purpose of the meeting was to adopt the SSZ Code and she pointed out that the City code did not include the Interstate Commercial (IC) zoning district which would be brought forward in August and September, 1997, and the County code did not include the Interstate Commercial or the Residential Acre (RA) zoning districts, which were scheduled for public hearings on July 15 and 29, 1997. Ms. Grey further pointed out that the proposed maps for the SSZ process were set up in the Training Room behind the County Commission Chambers and the staff would be able to give the public information on the maps. She explained that on July 29 and August 26, 1997, the County Commission would be holding public hearings on the zoning maps for unincorporated Leon County and the City Commission would be holding public hearings on August 27 and October 8, 1997, for the zoning maps within the City of Tallahassee. Ms. Grey reviewed the findings and reasonings for the staff’s recommendation that the Joint Commission adopt the SSZ Code. She distributed a memorandum which clarified some of the language in the Critical Planning Area (CPA) district, based on discussions with the owners of Welaunee Plantation, and noted that the staff was also recommending that the Joint Commission adopt this language as part of the SSZ Code.

 

County Commission Chair Yordon inquired if anyone wished to speak relative to this item and the following persons came forward:

 

Mr. Russ McGregor, 3102 Ortega Drive, appeared before the Joint Commission and urged it to adopt the SSZ Code. He expressed concerns with having a University Transition (UT) zoning designation in the County, the confusion associated with having a Mixed Use A zoning district under a Mixed Use A Overlay that includes many other zoning districts in the Bradfordville area, with having two neighborhood commercial designations, with vehicular access standards, and why an Environmental Analysis was required for rezonings.

 

Brief discussion focused on the fact that having a Mixed Use Overlay for the Mixed Use zoning designations in the Bradfordville area was confusing and why an Environmental Analysis was required for rezonings before a use was established. City Commissioner Lightsey gave a overview of the history and reasoning for making an Environmental Analysis a required part of rezonings.

 

City Commissioner Bailey moved to remove the requirement for an Environmental Analysis for rezonings from the Zoning Code and County Commissioner Thaell seconded the motion.

 

Discussion focused on the legal issue of this provision not having been noticed and advertised for public hearing and the concerns with the credibility issue individual Commissions had with the Joint Commission not being able to take action on an issue because it was not specifically advertised for public hearing. The staff requested that Mr. McGregor be allowed to continue with his other issues and staff would confer and be clear about the references he was suggesting be removed.

 

County Commissioner Thaell withdrew his second.

 

Mr. McGregor continued to express concerns with specific individual proposed standards and requirements in the SSZ Code and presented a letter with these concerns listed in their entirety.

 

Ms. Dorothy Roberts, 1506 Wekewa Nene, appeared before the Joint Commission and discussed concerns with the definition of and what constitutes a "housing unit" in the proposed SSZ Code and the problems with allowing multi-unit housing such as motels, hotels, large apartment complexes, et cetera, next to single-family residential.

 

County Commission Chair Yordon explained that the SSZ Code could be literally taken in theory the way Ms. Roberts described, but that assumed that the SSZ Code was all that was applied, noting that there are other layers of policies and standards implemented in the Comprehensive Plan and the Environmental Management Ordinance, et cetera, that reduce those allowable uses so that, in practicality, there are no two incompatible and totally offensive uses that could be developed next to one another.

 

Discussion focused on Ms. Roberts’ concerns and the opinion that part of the purpose of the Comprehensive Plan was to drive as many people as possible into a compact area which leads to the pressure to build high-density housing among already existing neighborhoods and whether urban infill could be successfully accomplished while protecting existing neighborhood integrity at the same time. The staff clarified the standards for the pre-1990 Comprehensive Plan residential zoning districts which applied to the parcels Ms. Roberts described as examples of her concerns and explained that the current residential zoning districts would not be affected by the SSZ Code changes. The staff also explained to Ms. Roberts that although there was no cap on the maximum number of units for all parcel sizes in the Residential Preservation zoning designation, the number of units was fixed at 4 units per acre.

 

Discussion focused on the density standards in the residential zoning designations and the fact that the density increases as one transitions from Residential Preservation (RP) to more intense zoning designations, the idea that the staff has placed these zoning designations in the appropriate areas, and that the Mixed Use zoning districts were the first tier outside of RP and each of those Mixed Use districts would be replaced with appropriate designations.

 

Brief discussion focused on that fact that the Joint Commission would take action and vote on the proposed SSZ Code at this meeting, but that it would not become effective in the County until October 1, 1997, after the County Commission had a chance to hold its public hearings on the associated maps.

 

Additional discussion focused on the requirement that the RM-1 zoning district in the County had a minimum density of eight units per acre and the staff clarified that was not regardless of the site, noting that the Code specifically exempts a site from that requirement if there are concurrency or environmental constraints which would not allow the full potential use of the site. Further discussion focused on bondability problems (e.g., one could not afford to develop twenty-four units on a three acre lot) and the staff clarified that if one felt that was not appropriate zoning district based on the parcel’s size or location, then one could request a zoning change to Residential-3 (R-3) or R-4 or another more appropriate zoning district.

 

Lengthy discussion focused on the ability of a property owner or developer being able to develop those properties if they had to meet the minimum density standards and the property met the concurrency and environmental requirements.

 

Additional discussion focused on whether the Joint Commission should take action on approving the SSZ Code at this meeting or wait until the public hearing on the zoning maps due to the concern of several Commissioners who were uncomfortable with approving the SSZ Code before reviewing the zoning maps and on ways of dealing with this issue.

 

County Commission Joanos moved to lower the minimum density in the RM-1 zoning district and County Commissioner Proctor seconded the motion.

 

Discussion focused on the reasoning for the creation of the RM-1 zoning district and the suggestion that if the minimum density was going to be lowered then the RM-1 zoning district ought to be removed from the SSZ Code and zoning maps altogether.

 

County Commissioner Joanos withdrew his motion.

 

Mr. Dan McDaniel, 1907 Ivan Drive, appeared before the Joint Commission and thanked the staff for their detailed response to all of his previous concerns. He discussed the right of private land owners to set their own minimum density, the opinion of the Council of Neighborhood Associations that as many single-family subdivisions as possible should be built in the community, and the opinion that Florida State University and the State of Florida are accomplishing a large amount of land acquisition, noting that none of this land is residential in use after it is obtained, causing the need for residential use to be pushed out around single-family neighborhoods. Mr. McDaniel explained that he felt government needed to better define what constitutes a single-family residential unit and what is compatible with it.

 

Mr. Tom O’Steen, 820 East Park Avenue, representing the Tallahassee Area Chamber of Commerce (Chamber), appeared before the Joint Commission and thanked it for its shared concern over the experiment of performance zoning and its commitment to resolve some of the problems created with a return to site specific zoning. He indicated that the Chamber was pleased to have been a part of the process and he encouraged the Joint Commission to adopt the SSZ Code, citing several amendments to the language in the Code that the Chamber had wished to see implemented, which included removing the last minute language dealing with nuisance and noise abatement issues, the signage regulations which ought to be included in the Sign Ordinance, and the addition of language that would allow an exemption to the minimum density requirements based upon the market.

 

Mr. Edward Mack, Jr., 115 North Calhoun Street, Suite 5, representing Florida Manufactured Housing Association, Inc., appeared before the Joint Commission and urged it to reverse its direction to shrink the size and number of the zoning districts which allow manufactured housing as an allowable use. He asked the Joint Commission to take another look at this issue and not reduce the opportunities that manufactured housing has in the Mixed Use zoning districts.

 

Discussion focused on the appreciation ratio between traditional detached homes and manufactured housing and information from a Michigan study which supported the fact that both homes appreciate as well as the other.

 

Mr. Scott Hannahs, RR19 Box 1252, Quail Valley Road, appeared before the Joint Commission and thanked the Planning Department staff for its work on the Site Specific Zoning process, especially for the staff’s analysis of the community’s previous comments. He discussed incentives and disincentives for development in the Urban Services Area (USA) and the need for differentiation between those areas inside and outside the USA. Mr. Hannahs indicated that he felt development ought to be encouraged inside the USA and discouraged outside the USA. He discussed setting a limit for total contiguous area that could be zoned as Commercial Parkway, noting this designation should be applied with a prudence, and that it be required to be within approximately 500 from a major arterial or collector roadway. He felt that higher density commercial developments should not be allowed within 500 feet of the high water mark of any water body. He finished by indicating that he felt the minimum density requirements should remain within the SSZ Code.

 

County Commission Chair Yordon explained to Mr. Hannahs that at the last City/County Joint Workshop on the 2010 Comprehensive Plan Evaluation and Appraisal Report (EAR) that Joint Commission had directed the staff to bring back a package for incentives and disincentives for development relative to the USA.

 

Ms. Kathy Archibald, 7100 Robert Road, appeared before the Joint Commission and urged it to set a time certain in the future to re-evaluate the SSZ Code, noting that with the enormity of this process there was no way that every detail could be addressed.

 

The staff responded that a six month time frame had been set for re-evaluation of the SSZ Code after its adoption.

 

Mr. Dennis Prescott, 4625 Bellarose East Street, appeared before the Joint Commission and discussed some of the perceived rights of the citizens of Leon County and how those rights needed to be fought for by the City and County. He felt the City and County should be disinterested parties which should make the citizens of both get along, if necessary, through a mediation process. Mr. Prescott discussed perceived rights which he felt he had lost and indicated he felt the citizens had been disenfranchised.

 

Mr. Stephen Fredrickson, 1280 Redfield Road, appeared before the Joint Commission and pointed out that the residents of his neighborhood were concerned about the clustering provisions in the proposed SSZ Code relative to what degree clustering will allow zoning density requirements be exceeded. He urged the Joint Commission to consider revising the clustering provisions to limit allowable clustering to not exceed more than 20% or some percentage of the allowable zoning density.

 

County Commission Chair Yordon indicated to Mr. Fredrickson that the County was addressing clustering as a separate provision and that it would probably be brought forward during the re-evaluation of the SSZ Code in six months after its adoption.

 

Mr. Fredrickson finished by suggesting criteria that should be used when considering amendments to the SSZ Code maps, which included land use compatibility issues, that the rezoning does not have an adverse impact on the existing character and use of surrounding properties, on the efficient flow of traffic, and that the safety of the residents be considered, et cetera.

 

County Commission Chair Yordon indicated that in response to Mr. McGregor’s earlier suggestion calling for the removal of Section 10-840(I)(4) and (5) of the Leon County Code relative to the requirement for completion of an Environmental Analysis for rezoning applications, the County did not need to take action because an Environmental Analysis pursuant to the Environmental Management Act was optional for rezonings according to the Leon County Code.

 

Ms. Linda Hurst, Assistant City Attorney, indicated that an Environmental Analysis for rezonings was mandatory in the City Code, noting however that the City Commission would not be able to take action on this issue at this meeting due to the fact that the proper public notice and advertising had not occurred, but if that was something the City Commission wanted to look at, the staff could bring that back in a "glitch" ordinance.

 

County Commissioner Host addressed Mr. O’Steen’s comments and indicated he agreed that the nuisance and noise issue should be dealt with in a separate ordinance and that there ought not to be minimum density requirements, but he was not in favor of removing the signage requirements as he was not in favor of having a separate sign ordinance in the County.

 

County Commissioner Host moved to remove the nuisance and noise provisions in the Site Specific Zoning Code.

 

Brief discussion focused on whether the motion included the removal of design standards, such as those dealing with lighting.

 

The motion failed for a lack of a second.

 

Discussion focused on the design standards language in the SSZ Code and County Commission Chair Yordon indicated a desire to see a motion to direct the staff to explore further possibilities for the glitch ordinance in what could be accomplished with design standards.

 

On behalf of the County, Commissioner Host moved to retain the current language dealing with design standards in the Site Specific Zoning Code and County Commissioner Thaell seconded the motion.

 

The vote of the motion was as follows:

 

AYE: County Commissioners Host, Yordon, Maloy, Thaell, Proctor and Sauls

NAY: County Commissioner Joanos

ABSENT: None

 

City Commissioner Lightsey indicated that she would be willing to make a similar motion on behalf of the City.

 

In response to County Commission Chair Yordon’s request, City Commissioner Lightsey indicated that she would accept the friendly amendment to a motion to direct the staff to bring back other possibilities in the six months before the glitch ordinance in what could be accomplished with design standards.

 

City Commissioner Lightsey discussed that the design standards listed in the SSZ Code were incentive based and not extensive enough, noting that she felt the community should have design standards period. She felt that before the community would accept small scale commercial into areas which were predominantly residential in nature, government would have to prove it could get it right.

 

On behalf of the City, City Commissioner Lightsey moved to remove the word "incentives" and make the design standards as listed in the SSZ Code language necessary in the Commercial-1 (C-1) zoning district. The motion was seconded by City Commissioner Meisburg and the vote of the City Commission on the motion was as follows:

 

AYE: City Commissioners Lightsey and Meisburg

NAY: City Commissioner Bailey

ABSENT: None

 

County Commissioner Host moved to remove the noise and lighting standards language in the Site Specific Zoning Code and address those issues in separate ordinances.

 

County Commission Chair Yordon spoke against the motion.

 

County Commissioner Proctor inquired if approval of the motion would leave government without a recourse for action relative to lighting if someone wished to re-open the racetrack which was near a residential neighborhood that County Commissioner Sauls discussed at a previous meeting.

 

The staff indicated that this would not affect that situation as specific standards for noise and light were only in the Commercial Parkway (CP) and Office Residential (OR) zoning districts, but that situation was being addressed in a separate ordinance.

 

The vote of the County Commission on the motion was as follows:

 

AYE: County Commissioners Host, Maloy, Thaell, Proctor and Sauls

NAY: County Commissioners Yordon and Joanos

ABSENT: None

 

City Commissioner Lightsey discussed that Commercial Parkway (CP) was described as a designation that had been created to encompass a development pattern that exists in the community, but was not recommended, and she suggested that it was in fact just strip commercial. She felt that it was appropriate to establish a zoning designation that would accommodate that existing development pattern and try to get it to re-develop to a greater mixture of uses, however, there was language in the SSZ Code that referenced that this land use designation could be extended into Target and Critical Planning Areas. City Commissioner Lightsey emphasized that those are large undeveloped areas where government had hoped to establish better land use patterns than some of those that currently exist in the community and she wished to see that language which would extend the CP designation into those Target or Critical Planning Areas removed from the SSZ Code and have the staff re-think the issue of extending that zoning designation into those areas.

 

Brief discussion focused on the reasoning for that language’s inclusion in the Target and Critical Planning Areas and the staff noted that it had not wanted to remove those types of uses from these areas, but wanted to establish a pattern for how they would be developed, in a more compact rather than linear pattern. City Commissioner Lightsey suggested that this language could presently be removed and when development began to reach those areas, the staff could come up with a land use pattern for those areas that it felt were appropriate. The staff indicated that it was continuing to work on that issue.

 

Discussion focused on strip commercial centers, how and whether to develop design standards to keep from eliminating them, but rather make them more attractive, the attitude that no one wanted to see strip commercial center be developed. County Commissioner Joanos spoke to the issue of if no one wanted to see strip commercial centers develop or have office residential, where were smaller businesses that could not afford a free-standing building going to locate.

 

On behalf of the City, City Commissioner Lightsey moved to remove the language on Page 40 of the SSZ Code which states: "New CP districts in Target Planning Areas and Critical Planning Areas shall be designed to minimize access impacts upon arterial roadways and shall be designed to be compact rather than linear.

 

In response to City Commission concerns that removal of this language would not allow a developer to develop property in these areas in a linear pattern, Ms. Grey explained that as part of the development proposal for property in those areas, the developer would include the arrangement and density and intensity of proposed uses as part of the development plan.

 

City Commissioner Bailey seconded the motion and the vote of the City Commission on the motion was as follows:

AYE: City Commissioners Meisburg, Lightsey and Weaver

NAY: None

ABSENT: None

 

County Commissioner Host moved to adopt the attached Leon County Ordinance Number 97-12 Site Specific Zoning Ordinance, and County Commissioner Proctor seconded the motion. The vote of the County Commission on the motion was as follows:

 

AYE: County Commissioners Host, Yordon, Joanos, Maloy, Thaell, Proctor and Sauls

NAY: None

ABSENT: None

 

City Commissioner Lightsey moved to adopt the City Ordinance No. 97-O-0027AA, Site Specific Zoning Ordinance, as amended by the actions of the Joint Commission at this meeting, including the staff recommendations based on the powerhouse issue and the staff recommendations for wording changes which were provided in response to Mr. McGregor’s questions and concerns. City Commissioner Bailey seconded the motion and the vote of the City Commission on the motion was as follows:

AYE: City Commissioners Meisburg, Lightsey and Bailey

NAY: None

ABSENT: None

 

There being no further business, the joint City/County Meeting was adjourned at 8:25 p.m.

 

The Board resumed discussion of the agenda items.)

COUNTY ATTORNEY

Requested Board direction regarding staff responses on issues to stormwater and other land use issues in the Bradfordville area, particularly in view of the recent lawsuits/litigation filed against the County . County Attorney Thiele advised that staff has asked legal opinion on the method of responding to questions posed by the public on these issues. Mr. Thiele stated that he has advised staff that his recommendation is to not respond. The Board accepted the County Attorney’s recommendation to not respond to questions relative to these issues, and staff is to be directed to comply with this direction.

 

Commissioner Host indicated concern that some members of the stormwater citizen’s group may also be litigants. Mr. Kevin Pope, GEM, explained that the committee chairman is keeping the committee very focused, has determined a boundary and are working on the scope of work.

 

CITIZENS TO BE HEARD

Mr. Doug Dodd, 535 W. 7th Avenue, appeared and stated that he lives in District 1 and that a commissioner should be living in the district that he represents. He alleged that District I is not appropriately represented and that Commissioner Proctor is not abiding by the rules. Commissioner Proctor responded by stating that he believes in the first amendment which allows citizens the opportunity to express their opinions without the fear of retribution.

 

DISCUSSION ITEMS BY COMMISSIONERS:

 

a. Reminded the Board of the 3:00 p.m., meeting tomorrow at City Hall on the Civic Center Hotel issue.

 

b. Referred to a letter regarding resignations on the Educational Facilities Authority and recommended that the appointments be placed on the upcoming agenda.

 

 

COMMISSIONER SAULS:

a. Requested that "east" and "west" signs be placed at the entrance of Joe Thomas Road off Highway 20 so emergency vehicles will be able to identify the road. The Board concurred.

 

b. Reported that she attended a workshop on Welfare Reform on June 25, and expressed appreciation to the agencies which organized the workshop. The Board expressed appreciation for her efforts on this issue as well as her representing the Board at Celebrate America celebration and the Employee Award ceremony.

 

COMMISIONER PROCTOR:

Expressed gratitude to his friends, constituents, and family for supporting him during recent weeks in light of the controversy involving his representation of District 1.

 

CHAIRMAN YORDON:

a. Requested that the issue of Ashford Glen subdivision be placed on the agenda for July 15, and stated that he will be providing information on this issue. (This matters involves water runoff and the Chairman will provide recommendations.)

 

b. Suggested the issue of purchasing the Ausley McMullen property behind the Courthouse for future expansion be agendaed, and that the item is to include other appropriate properties in proximity to the Courthouse as suggested by Commissioner Host, and the item should include an analysis of future need for growth.

There being no further business to come before the Board, the meeting was adjourned at 10:05 p.m.

 

APPROVED:________________

Gary Yordon

Chairman

ATTEST:

 

 

 

 

 

 

 

___________________________________

Clerk of the Circuit Court