BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

MINUTES - REGULAR MEETING

SEPTEMBER 16, 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 The Reverend Dr. J. Douglas Dortch, Jr., from the First Baptist Church of Tallahassee, at the invitation of Commissioner Bruce Host, followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

The following Awards of Excellence for Employee of the Month, Team of the Quarter, and Heroism Award were recognized:

Award #1: Team of the Quarter Community Services Award was presented by Wendy Grey, Planning Department Director. The following employees were recognized: Lora Chapman, Maryann Daniel, Nancy Dowdy, and Dave Jett for the Tallahassee/Leon Planning Department.

Award #2: Mr. Gary Johnson, Growth and Environmental Management Director, presented awards for the Development Review Land Use Section to: David McDevitt, Gil Bakenstoss, Ned Cake,, Joan Schairer, Luis Serna, Tim Shea, Greg Skaggs.

Award #3: Mr. Van Jones, Management Information Services Director, presented Management Services Team of the Quarter to: Carl Bengston, Anthony Carney, Rodney Spivey, John Mickler, Eddie Woodward.

Award #4: Mr. Mike Willett, Public Works Director, presented Public Works Team of the Quarter Awards to: Robert Jones, John Black, Ronald Laird, Larry Goldin, Gary Merrit, Terry Schroeder, Eugene Ervin, Carl Gardner, Ronald Mills.

Heroism Award: Ms. Linda McCarthy, Library Services Director, presented the Heroism Award to Aileen Pifer, LeRoy Collins Leon County Public Library.

(The following employees of the Month recipients will receive their awards at the Senior Management Meeting on September 18, 1997: Aileen Pifer, Library; John Kraynak, GEM; James Kemp, Facilities Management; Sandy Brooks, Operations.

CONSENT AGENDA

Commissioner Thaell moved, duly seconded by Commissioner Sauls and carried unanimously, to approve the following Consent Agenda with the exception of item 7 that was pulled for comments by Commissioner Host.

2. BILLS AND VOUCHERS SUBMITTED BY THE CLERK

The Board approved the County Bills and authorized the Chairman and the Clerk to issue the proper warrants: $976,593.10

3. CONCEPTUAL APPROVAL TO NEGOTIATE JOINT PROJECT AGREEMENT WITH FDOT FOR JOINT STORMWATER FACILITY TO SERVE THE LAFAYETTE OAKS DRAINAGE EASEMENT

Staff is requesting approval to negotiate a Joint Project Agreement for a joint stormwater facility at the intersection of Pedrick Road and US 90, as recommended by the citizen's committee. A facility at the intersection of Pedrick Road and US 90 would allow for discharge from Lafayette Oaks in a flooding condition, to the extent that adequate volume is available to receive the flow without flooding other residences or roadways. The Board authorized staff to negotiate a Joint Project Agreement with the Florida Department of Transportation for further consideration by the Board in the future.

4. GRANT-IN-AID

This issue is consideration of whether to accept a grant-in-aid from the Office of the State Courts Administrator in the amount of $96,246 for official court reporter salaries and travel expenses, and establish one account for all reporters or establish separate accounts in Gadsden and Leon Counties. The Board approved acceptance of the grant-in-aid and created a single account in Leon County to manage the grant funds. The attached budget amendments were also approved:

5. FULTON AND SHARER ROAD ANNEXATION

This issue is consideration of a proposal from the City for the voluntary annexation of approximately two and one half acres on Fulton and Sharer Roads. Staff concludes that the proposed annexation is consistent with the Comprehensive Plan and appears to conform with the annexation provisions of Florida Statutes. The Board concurred with staff's recommendation to not object to the city annexation of the property.

6. REVISED BUDGET AMENDMENT FOR THE LAW ENFORCEMENT BLOCK GRANT CONTRACT WITH THE LEON COUNTY SCHOOL BOARD

On July 29, 1997, the Board approved the expenditure of law enforcement block grant funds for enhancements to Capital Stadium and the expansion of the DARE and GREAT programs. There were scrivener's errors in the original budget amendments submitted to the Board at that time. The Board approved consideration of a revised budget amendment for the transfer of Board approved Local Law Enforcement Block Grant funds in the amount of $16,034 to the School Board for the needed improvements. See attached budget amendment:

 

7. REQUEST TO SCHEDULE WORKSHOP ON "OUTSTANDING FINES" WITH CODE ENFORCEMENT BOARD FOR 3 P.M., TUESDAY, OCTOBER 21, 1997

Commissioner Host pulled this item for discussion. The Code Enforcement Board has requested a one-hour workshop with the Board in order to discuss outstanding fines and their disposition.

Mr. Rainey Oven, Chairman of the Code Enforcement Board (CEB), appeared and explained that when the CEB finds someone in violation, the last step they can take in the process is to place a lien against a person or property, but their hands are tied because they have no budget or method in which to foreclose. He stated that in the past, the Board of County Commissioners was the body that would exercise foreclosure actions. Mr. Oven reported that the CEB have accrued quite a number of judgment liens or liens against properties that could possibly be foreclosed on that are outside of the homestead, and requested that the Board provide direction for proceeding.

Commissioner Host felt that a workshop was not necessary but that the matter should be placed on the agenda for Board decision, and that staff provide a recommendation including budget information. The Chairman agreed, indicating that the Board understands the issue and that a decision should be made. It was the consensus of the Board to agenda this item as soon as possible. Mr. Oven stated that he would be available if staff needs to confer with him.

8. EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND GRANT

The State of Florida, Department of Community Affairs (DCA) has tendered an offer of $101,936 (less $6,000 for the emergency satellite system costs) making the total offered $95,936 to Leon County as a base grant for Emergency Management for Fiscal Year 1997-98. These funds will be accepted on a quarterly reimbursement basis. There is no requirement for direct match for these funds, however, the County may not supplant or reduce its general fund contribution to the Emergency Management Program as a condition of receiving these funds. The Board accepted the terms and conditions of the Agreement; and authorized the Chairman to execute the Agreement and letter designating the Emergency Management Director as the Agreement Administrator.

GENERAL BUSINESS

9. NORTHEAST BRANCH LIBRARY SITE

Pursuant to Board direction on August 26th, County Administrator Alam has been negotiating with Mr. Millard McCord for purchase of the McCord property located at 5513 Thomasville Road for the site for the library. (Staff was also directed to investigate whether the house on the property could be used in some fashion rather than be demolished.) Mr. Alam explained that the appraised value of the house is $400,000 and the proposal before the Board is a contract with a purchase price of $475,000 including the land (4.75 acres) and the house, with the exception of the chandelier and the front door, and that the closing date be on November 1, 1997 or before; the Board will also have to enter into an agreement with Mr. McCord to rent the property for a certain period of time after the closing. Mr. Alam recommended that if the deal cannot be closed by this date, that the Board negotiate one of the other sites for the library.

The Chairman recommended that the McCord family be given nine months to move from the site after the closing to allow time for relocation.

Commissioner Host moved and was duly seconded by Commissioner Thaell to purchase the McCord site at the price of $475,000, with the exception of the chandelier and the front door (to be left to the McCords), that closing be on or before November 1, 1997; to enter into a nine-month rental agreement with the McCords, and decide on a binder comparable with the industry.

Mr. Millard McCord, 5513 Thomasville Road, stated that he would like to take the two barns and remove some shrubbery around the residence if the Board agrees.

Commissioner Host agreed to add to the motion that the barns and shrubbery would be taken by Mr. McCord. The Chairman suggested that the rental price to Mr. McCord should be $1.00 per month so that the price of the home does not escalate.

Commissioner Joanos moved an amendment to the motion to include the rental rate for Mr. McCord to be $10.00 for the first six months and $1,000 per month for the latter three months. Mr. McCord concurred with the proposal. Commissioner Host seconded the motion which carried unanimously.

Commissioner Maloy stated that he hopes, in the future, that the Board does not have to negotiate a rental price at the table. Mr. McCord explained that the negotiating process has proved to be a very frustrating and difficult task. Commissioner Sauls asked staff to consider using the house on the McCord site in a manner similar to the Dorothy Oven house. The County Administrator stated that he would bring back various options for use of the house.

10. ASPHALTIC CONCRETE, MATERIAL AND SERVICES CONTRACT

This issue concerns a contract for asphaltic concrete for maintenance and resurfacing projects. The County Administrator explained that a bid protest has been filed on this particular item, and recommended that the Board proceed with the bid protest process and continue this item. Commissioner Host stated that he does not wish to violate anyone’s right to protest, but felt that the Board could proceed to take action on this issue. The Chairman advised that when the party announced that they were filing a bid protest, staff told all parties that that they would not have to attend tonight’s meeting since the matter would be continued. The Board concurred to continue this item.

11. BOND HEALTH CLINIC

The County Administrator announced that this item has been pulled from the agenda and would be brought back to the Board on September 30, 1997.

12. QUARTERLY REPORT: FY 1996-97 THIRD QUARTER PERFORMANCE REPORT

Mr. Don Corley, Director of Office of Management and Budget (OMB) made a presentation to the Board in regards to the Third Quarter Performance Report which is reflective of programmatic data as well as financial data that occurred during the third quarter of this fiscal year. Mr. Corley explained that the County is basically meeting its objectives in the various operational programs; customer satisfaction is up in Management Services; unit costs for purchasing has been reduced; probation fees collection has been improved; volunteer services program has eliminated the need to add additional employees in certain areas; additional youth participation in the Parks and Recreation area. Mr. Corley also explained that County is in good shape financially which is largely attributable to a stable economy.

Commissioner Sauls moved, duly seconded by Commissioner Joanos and carried unanimously (Commissioner Maloy was out of the chamber), to accept the report. Commissioner Host requested that the Investment Oversight Committee (IOC) provide a report to the Board. It was noted that the IOC was on schedule and would soon be reporting.

COUNTY ATTORNEY:

The County Attorney referred to correspondence he previously circulated to the Board, advising that the Leoni Partnership failed to make the balloon payment on the old Library property and that his office would file a suit for foreclosure action provided that the Board did not direct otherwise. The Board concurred that the County Attorney move forward as he described.

COUNTY ADMINISTRATOR:

At the request of the County Administrator, Grants Coordinator Don Lanham briefed the Board on the status of the AMTRAK station grant request for $284,000. (The grant is for restoration of the AMTRAK station and for the area to be used as a community service area that would seat 150.) Mr. Lanham explained that the grant was reviewed today by the Historic Preservation Advisory Council, received a high classification, and was recommended for full funding. Mr. Lanham invited Board members to attend a reception with the Historic Preservation Advisory Council in support of the County's grant application to be held tomorrow at the Museum of Florida History, R.A. Gray Building at 5:30 - 7:30 p.m. The Chairman announced that Commissioner Sauls will attend on behalf of the Board, however, he urged other commissioners to be in attendance.

 

 

 

 

 

 

SCHEDULED PUBLIC HEARINGS, 6:00 P.M.

13. FIRST PUBLIC HEARING TO ADOPT PROPOSED MILLAGE AND BUDGET

Pursuant to the attached legal advertisement, a public hearing was conducted on the County’s proposed millage and 1997/98 budget:

The Chairman of the Board of County Commissioners announced that the percentage increase of the proposed millage is 8.60 mills which is 3.83% over the Roll Back Rate of 8.23 mills, and announced that the proposed budget for FY 1997/98 is $152,671,525 (less inter-fund transfers).

He stated that this issue must be the first substantive issue discussed at both public hearings on the FY 1997/98 Budget. The Chairman and the Board of County Commissioners will state the specific reasons for the millage increase. The Chairman of the Board of County Commissioners announces the total amount of the FY 1997/98 Tentative Budget in dollars. The total proposed budget is $152,671,525. (Less inter-fund transfers.)

The following individuals appeared for public testimony before the Board:

Commissioner Host explained that the "Budget in Brief" booklet provides a brief description of the County’s budget in layman’s terms, and that it would be helpful if groups such as "ACT" would make specific recommendations for the budget rather than general. He referred to citizens’ comments regarding the government subsidizing a hotel stated that he would like to clarify this matter, that the County nor the City nor the School Board are planning to subsidize a hotel. As Chairman of the Civic Center Authority (CCA), Commissioner Host gave a brief history of the project. There is a proposal before the CCA that will be brought before the City, the County, and the School Board that speaks of building a hotel on the Civic Center site; the hotel will be an expansion of Civic Center. The Civic Center was built less than 20 years ago with public dollars with the County providing $6 million, the City $6 million, the Board of Regents $12 million, and the State funding $10 million for the project. The details of the project will be forthcoming.

For informational purpose, Commissioner Joanos advised the public that property values increase concurrently which means that the property owners will pay higher property taxes annually; that prior to the "Save Our Homes" initiative, property appraisers around the state routinely held property values at a certain level and would reassess property every five or six years; with the new initiative, the property values are now assessed every year and will probably amount to a 3% increase (will exceed the millage rollback rate). Commissioner Joanos explained that with population growth, the County’s budget will grow in most all areas, i.e., Jail, Public Works, Sheriff, Clerk’s Office, Library. He encouraged the public to start advocating a change in the financial structure through constitutional revision.

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to adopt the attached Resolution R97-24, which was read into the record, adopting the tentative millage of 8.60 mills:

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to adopt the attached Resolution R97-25 which was read into the record, adopting the tentative budget for FY 97/98:

 

 

14. FIRST AND ONLY PUBLIC HEARING: TELECOMMUNICATIONS RIGHTS-OF-WAY USE PRIVILEGE FEE ORDINANCE

Pursuant to legal advertisement, a public hearing was conducted to consider the adoption of a proposed Telecommunications Rights-of-Way Use Privilege Fee Ordinance. Pursuant to Board direction, the County Attorney drafted a proposed ordinance that would require a reasonable non-discriminatory fee for the use of the public rights-of-way by telecommunications providers operating within the unincorporated areas of Leon County. No one addressed the Board on this issue.

Commissioner Thaell expressed appreciation to staff for its work on this issue. He requested that Commissioner Maloy, as upcoming president of the Florida Association of Counties (FAC) ask FAC to address and clarify the issue of non-chartered counties’ rights to general reasonable revenue from public property, and to take the matter to the Legislature. Commissioner Maloy stated that the issue is scheduled for discussion by the FAC board meeting at its next meeting, and that he also has information from FCC which he will bring forward.

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, to approve Option 2 which is to not adopt the proposed Telecommunications Rights-of-Way Use Privilege Fee Ordinance after the public hearing.

DISCUSSION ITEMS BY COMMISSIONERS:

COMMISSIONER HOST

a. Reported that a citizen brought to his attention that the County does not have a street named for Veterans. Commissioner Host requested that staff, in the construction of new roads, consider naming a road that is of sufficient size and character, either "Veterans Boulevard," or Veterans Way" or a similar name in honor of Veterans. He suggested that the road-naming be done in conjunction with a Veterans event. The Board concurred.

b. Referred to the report from the Leon County Justice Information system which pointed out the increase in jail population. While acknowledging that a coordinating council is working on this matter, Commissioner Host suggested that the County needs to get a sense of where this is heading in the future and determine how the County proposes to deal with the ever-increasing jail population, since there is only a limited space at the Jail. The Board concurred that a workshop be scheduled on the future of the jail in the next 3 - 5 years.

c. Advised that he received information off the Internet regarding the application and issuance of building permits through the Internet, and requested that staff investigate for possible application in Leon County. (Commissioner Host explained that software is now available that allows the transmission of site plans, etc, through Internet, transferring directly to the permitting departments.)

Commissioner Thaell

Reported that he had received correspondence from the agency directors of the United Way regarding deficiencies and difficulties encountered with the Community Services Partnership process, and requested that the Board schedule a workshop on this issue. Chairman Yordon indicated reservation in having a County workshop since City and HRS representatives would need to be represented, and advised that the Commission itself will be examining the process and discussion should involve the entire issue. Commissioner Maloy stated that he has had contact with organizations who were not satisfied with the process. The Board requested that Commissioner Thaell distribute copies of the correspondence.

Commissioner Sauls

a. Requested a status report on Houston and Gatlin Road SAFE projects, since the latest information she received on Houston Road was that all right-of-way had been obtained except for the railroad and that all right-of-way had been obtained for Gatlin Road. Staff will provide a status report.

b. Reported that she recently attended a funding raising event at Dick Houser Stadium where County Administrator Alam was kind enough to auction his service pin, but noted that it did not receive as much money as Commissioner Joanos’s hat that was auctioned. Commissioner Sauls provided Mr. Alam with another County service pin.

Commissioner Maloy

Reported on the recent meeting of the Tourist Development Council (TDC), and stated that summer activities were highly successful.

Regarding Commissioner Host's recommendation that the TDC consider changing the County logo to "Florida's Future Starts Here," Commissioner Maloy reported that the TDC viewed the suggestion as one to pursue perhaps next year, and that citizen input would be sought.

Commissioner Joanos

Reported that he had received a memorandum on an issue he raised during the September 9, 1997 Board meeting. Commissioner Joanos requested that staff place on the agenda a legal analysis and an ordinance relating to an individual's plan to purchase a lot in a subdivision for purpose of building a connecting road in an existing subdivision. (Last week, Commissioner Joanos specifically referred to Circle J Acres subdivision whereby a property owner behind this subdivision has purchased a lot within that subdivision and plans to build a road through Circle J Acres to connect to a County maintained road.) The Board concurred that the matter be placed on an upcoming agenda.

Chairman Yordon

a. Announced that Health Department Director Art Cooper had resolved an issue with a citizen prior to a Democrat article on the issue, but that the Democrat did not have that information prior to publication.

b. Reminded Commissioners to provide their evaluations of the County Administrator and the County Attorney.

c. Announced that the Quarterly Meeting with Constitutional Officers scheduled for September 23 has been canceled, but stated that the Clerk would still like to look at security issues and had asked the Chairman to inform the Board of this.

d. Referred to the Board’s decision on August 26, 1996 (Site Specific Zoning) to change all R-5 zoning to R-3 with the Board agreeing to sponsor a subsequent change back to R-5 if deemed appropriate, noting that this would be advertised and initiated by the Board.

In a related issue, Chairman Yordon advised that during the zoning process Nino’s Restaurant was left in a non-conforming use and suggested that his property be zoned to C-2 and that the Board initiate the advertisement and zoning change. He also suggested a "glitch bill" format or some type of avenue to address these types of nonconforming uses, so that an individual would not have to go through the rezoning process but the Board would sponsor and advertise the zoning change. The Board concurred with the advertisement.

There being no further business to come before the Board, the meeting adjourned at 7:15 p.m.

APPROVED:_______________

Gary Yordon

Chairman

 

 

 

 

 

 

ATTEST:

 

 

 

 

 

 

 

 

 

___________________________________

Clerk of the Circuit Court