BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

MINUTES - REGULAR MEETING

DECEMBER 9, 1997

 

The Board of County Commissioners of Leon County, Florida, met in regular session with Chairman Joanos presiding. Those in attendance were Commissioners Thaell, Yordon, Maloy, Host, 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 Proctor followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

Commissioner Maloy moved and was duly seconded by Commissioner Host to rename Capital Stadium to Gene Cox Stadium and to name the ball field "Hurley W. Rudd Field." The motion carried unanimously.

CONSENT AGENDA

The Chairman announced that the Minutes of September 30, 1997 have been added to Consent for approval. Commissioner Thaell moved, duly seconded by Commissioner Sauls and carried unanimously, to approve the following Consent Agenda with the exception of item 3 which was addressed as described:

1. BILLS AND VOUCHERS

The Board approved the bills and vouchers for payment for the period of November 26, 1997 through December 9, 1997, and pre-approved the bills and vouchers for payment for the period December 10, 1997 through January 12, 1998: $ 3,050,377.46

2. MINUTES APPROVAL

The Board approved the Minutes of September 23, 1997 and September 30, 1997 Regular meetings.

3. TENTATIVE MEETING SCHEDULE FOR 1998

Commissioner Host pulled this item to recommend that the Board amend its policy on holidays to be consistent with the State holidays only. Commissioner Host moved to make the County’s holiday schedule consistent with the State. The motion was declared dead for the lack of a second.

Commissioner Yordon moved and was duly seconded by Commissioner Proctor to approve the meeting and workshop schedule as included in the agenda item which includes Rosh Hashana. Commissioner Thaell moved a friendly amendment, which was accepted, to cancel the regular Board meeting of June 16, 1997 (since the FAC will be meeting early the next morning). The motion on the floor carried 6 - 1 (Commissioner Host voted in opposition). For clarification, County Administrator Alam asked if the schedule would include Yom Kippur holiday, and the Board confirmed that it is to be included as a holiday, noting that the schedule will conform to the holiday schedule of the Second Judicial Circuit. See attached meeting schedule for 1998:

4. REQUEST TO SCHEDULE WORKSHOP ON BRADFORDVILLE DESIGN STANDARDS

The board scheduled a workshop on "Bradfordville Design Standards" for Tuesday, January 13, 1997, 2:00 - 4:00 p.m.

5. PLAT OF TALQUIN SPRINGS PHASE II (A RESIDENTIAL SUBDIVISION)

A developer, William M. Lee, general partner of Talquin Springs Partnership, has requested plat approval. The Board approved the request as follows (Options 1, 2, and 3):

    1. Accepted the conservation easement for Talquin Springs Phase II;
    2. Approve the plat of Talquin Springs Phase II and direct staff to proceed with recording it in the public records of Leon County;
    3. Release the performance agreement and surety device for Talquin Springs Phase I and accept the maintenance agreement and surety device for Talquin Springs Phase I and Phase II.

6. PLAT OF LAKESIDE UNIT 2 (A PRIVATE RESIDENTIAL SUBDIVISION)

The developer Timothy Harrell, has requested that the Board approve the plats of Lakeside Unit 2. The Board approved the following: 1) Accepted the conservation easement for Lakeside Unit #2; and approved the plat of Lakeside Unit #2 and directed staff to proceed with recording it in the public records of Leon County.

7. AWARD OF ANNUAL CONTRACT FOR PURCHASE OF LIMEROCK MATERIALS

The Board awarded the contract for purchase of limerock materials for use by Public Works Operations and the Solid Waste Division to Limerock Industries, Inc.

8. PURCHASE OF ARTICULATING MOTOR GRADER

The Board awarded the bid for the motor grader to Ring Power Corporation at a cost of $122,453.

9. PURCHASE OF WHEEL LOADER WITH STANDARD BUCKET

The Board awarded the bid for the wheel loader with standard bucket to Ring Power Corp, at a cost of $156,810.

 

 

 

10. PURCHASE OF WHEEL LOADER WITH QUICK COUPLER

The Board awarded the bid for the wheel loader with quick coupler to Ring Power Corp., at a cost of $183,527.

11. BID FOR SALE OF SURPLUS REX COMPACTORS AND CAT D-7

The Board approved the sale of the CAT D-7, Rex 3-70 and Rex 3-90 to Ryals Equipment for a total of $221,530.28. (The County will utilize an additional $54,176.76 over the guaranteed buy-back price from Ring Power for the CAT D-7.

12. FY 1996/97 YEAR-END BUDGET ADJUSTMENTS

The Board approved the attached year-end budget amendments for FY 1996/97 to reconcile and balance deficient funds and object accounts within County Departments and Divisions:

13. STATE CHALLENGE GRANT AWARD AND AMEND THE 1997-98 BUDGET TO RECEIVE AND EXPEND THE FUNDS

The Board approved the budget amendment to accept the state grant and local matching funds and initiate the primary health care project. (The challenge grant and local matching funds will provide the required sources to extend the Neighborhood Health Services clinic from 16 hours to 40 hours per week and add approximately 3,200 additional patient visits per year. See attached budget amendment:

14. GATES LIBRARY FOUNDATION GRANT FOR COMPUTER ACCESS

The Library seeks approval to apply for a bill and Melinda Gates Library Foundation Grant for additional public access computers at the Dr. B. L. Perry, Jr., /Bond Branch Library. The Board approved submission of an application to the Gates Library Foundation.

15. HOUSING FINANCE AUTHORITY’S REQUEST FOR A RESOLUTION TO ENTER INTO INTER-LOCAL AGREEMENT WITH ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO ISSUE MORTGAGE REVENUE BONDS

The Housing Finance Authority (HFA) is seeking approval and ratification of documents for the proposed Escambia Multi-County Single Family Mortgage Revenue Bonds Program. The Board approved Option 1: Ratified and approved the HFA resolution and attached exhibit A by adopting the attached Resolution R97-37 (attachment D):

16. EXTENSION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FLOOD HAZARD MITIGATION CONTRACT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA)

Leon County and the Florida Department of Community Affairs (DCA) entered into an agreement on March 7, 1996, to assist flood-affected areas in the aftermath of Tropical Storm Alberto and other disasters of 1994. Currently, any projects funded under this agreement must be completed by the grant expiration date of May 8, 1998, for costs to be reimbursed. This Board request to DCA is to extend the grant period to December 31, 1998, to ensure competition and grant eligibility of the project. The Board approved the request for a contract extension from DCA.

17. 1997 CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR U.S. ENVIRONMENTAL PROTECTION AGENCY SECTION 319(h) NON-POINT SOURCE MANAGEMENT PROGRAM GRANT FUNDING OF THE LAKE MUNSON RESTORATION PROJECT

The U.S. Environmental Protection Agency (EPA) has approved Leon County’s request for Section 319 (h) Non-Point Source Management Program grant funding of the Lake Munson Restoration Project, and acceptance of the funding by the Board is required. The Board approved the contract for grant funding and the attached budget amendment:

 

18. APPOINTMENT OF DR. CHERYL G. JENNINGS TO TALLAHASSEE-LEON COUNTY PLANNING COMMISSION

The School Board has approved Dr. Cheryl G. Jennings as their appointee to the School Board. The City and the County Commissions are required to approve and appoint Dr. Jennings to the seventh Planning Commission seat. The Board approved and appointed Dr. Jennings to the Planning Commission for a term ending on June 30, 1998.

GENERAL BUSINESS

19. ACQUISITION OF LAKE MUNSON RESTORATION PROJECT SITE

At the October 28, 1997 Board meeting, Mr. Charles Francis, representing Mr. Charles Duxbury, Eagle Road, requested removal of the Duxbury parcel from the Lake Munson Restoration Project acquisition plans, on the grounds that construction of the facilities does not require this site. Staff identified a public purpose for acquiring this property, and recommends that Mr. Duxbury’s concerns be addressed during the standard legal process. This item was pulled from the November 18 agenda to allow staff time for additional discussions with Mr. Francis.

Mr. Charles Francis appeared and explained that it was not necessary or critical to take Mr. Duxbury’s property in connection with the Lake Munson Restoration project. He stated that the subject property is somewhat in the flood plane but it is not in the wetlands area, and that Mr. Duxbury is willing to waive any claim to the County if he should be flooded; he is willing to provide easements if necessary, and will install a septic tank across the street in a higher level of ground at his expense, and area outside the flood plane. Mr. Francis stated that Mr. Duxbury’s property is not a part of the project that is planned for excavation.

Commissioner Proctor suggested that Mr. Duxbury move his mobile home across the street where he owns property. Mr. Francis explained that Mr. Duxbury does own property across the street which he rents, but he does not wish to live in the mobile home park.

Public Works Director Mike Willett explained that the project involves two parts; taking property and building retention facilities on and restoring property that was prior wetlands; as a restoration project, the County is buying land and turning it back to wetlands. Ms. Theresa Heiker, Public Works, indicated that the restoration project may be placed in jeopardy if Mr. Duxbury’s property is not included. She stated that if the project does not proceed in a timely manner, the County may face a potential loss of CDBG funds.

Commissioner Yordon stated that he would be willing to take a second look at this particular piece of property. County Administrator Alam asked Mr. Willett if it would impact the grant if the matter was brought back at the first meeting in January, thereby allowing time for another look at the grant and the permitting requirements. Mr. Willett stated that the grant extension approved under Consent would allow additional time.

Commissioner moved Thaell moved, duly seconded by Commissioner Host to delay action on this issue until the first meeting in January. Mr. Alam stated that it was clear that the Board does not wish to obtain property for the project when the owner is not willing, and if the house is not currently in the wetlands and does not jeopardize the project, and he will bring back a list of standards in January.

The motion on the floor carried unanimously.

20. APPEAL OF BID PROTEST TO THE BOARD FOR ASPHALTIC CONCRETE BY PEAVY AND SON CONSTRUCTION, INC.

Peavy and Son Construction Co., Inc., has appealed the ruling of the Hearing Officer to the Board on their protest to the Board of County Commissioners.

County Administrator Alam explained that the County bid out for the resurfacing project, asphaltic concrete, materials and services, continuing supply (BC-08-20-97-42), and only one bid was received, Peavy and Sons, Inc. and Mitchell Brothers filed a letter of intent to protest. Staff recommended rejection of the bid and extension of the existing contract with Mitchell. Upon receipt of the agenda item containing the intended action, Peavy and Son filed a notice of intent to protest the recommended action of the Mitchell Brothers contract extension. A formal protest proceedings took place and the hearing officer recommended denial of the protest.

Mr. Steven Sellers, representing Peavy Construction, appeared and encouraged the Board to award the asphalt paving contract to the lowest responsible bidder for the project, Peavy and Son. Mr. Sellers made the following comments:

Mr. Louie Seay, Jr., 319 Hayden Road, appeared representing Peavy and Sons, and stated that Peavy submitted a bid and Mitchell Brothers presented a protest which appeared to be a bid, and have subverted the bid process. He urged the Board to award the bid to Peavy and Sons, and advised that if the bid is not awarded to them, they will exercise whatever legal option is available.

Commissioner Yordon explained that the reason Mitchell Brothers did not participate in the bid process was because the County has a contract roll-over provision, the bid process occurred as the contract was being challenged. Commissioner Proctor asked why the County would generate a bid in mid-stream. County Administrator Alam explained that the reason it was let for bid was because Mitchell Brothers was de-certified by FDOT; one of the County’s requirements was to be a certified contractor, and if the Board extends the contract with Mitchell, it would waive the FDOT certification.

Following some discussion, Commissioner Host moved, duly seconded by Commissioner Thaell and carried 5 - 2 (Commissioners Sauls and Thaell voted in opposition), to uphold the hearing officer’s denial of the protest (Peavy and Sons) .

21. ASPHALTIC CONCRETE: MATERIALS AND SERVICES CONTRACT

The next item of business was the award of the materials and services contract for asphaltic concrete.

Commissioner Yordon moved and was duly seconded by Commissioner Host to approve Option 2: Find it in the best interests of the County to reject the bid of Peavy and Son, Inc., and approve a contract extension with Mitchell Brothers, Inc., through May 21, 1998, to complete current projects and waive the requirement of the FDOT Certification for road resurfacing projects.

Mr. Eddie Mitchell of Mitchell Brothers, 3536 N. Meridian Road, appeared and stated that he disagrees with accusations that have been made, that all the work that his company does for the County is done at a fair price and the reason he did not bid the job is because of the FDOT certification, and that he was willing to extend the current contract.

Mr. Steve Sellers, representing Peavy and Sons, appeared and inquired about the extension of the Mitchell contract. Mr. Mike Willett explained that he views the closing date of the contract extension to be May 21, 1998.

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

(The Board then took up the public hearings starting with Item #29.)

 

 

 

29. TEFRA (TAX EQUITY FISCAL RESPONSIBILITY ACT) PUBLIC HEARING RE: CONSTRUCTION OF BETHEL FAMILY LIFE CENTER

Pursuant to legal advertisement, a TEFRA public hearing was conducted to consider the request from Bethel Family Life Center, Inc., for conduit financing for social service center, and approval of the form of document .

(During the month of November, the Board received a request for issuance of $2.8 million dollar bonds for conduit financing assistance for facilities construction from Bethel. The proceeds of the bonds will be loaned to Bethel and this loan will be guaranteed by Bethel Missionary Baptist Church. Capital City Bank has committed to purchase the bonds. )

Commissioner Yordon moved, duly seconded by Commissioner Thaell and carried unanimously, to conduct the TEFRA hearing, and by Resolution issuance of conduit financing for Bethel Family Life Center, and approve by Resolution, the form of documents (R97-35) (Certificate of Issuer):

Reverend R. B. Holmes, 2300 Monaco Drive, Tallahassee, appeared and thanked the Board for their support and all persons involved in the process.

30. PUBLIC HEARING - ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO IMPLEMENT A FUTURE LAND USE PLAN MAP AMENDMENT (RZ-145)

Pursuant to legal advertisement, a public hearing was conducted on the proposed amendment to the official zoning map (RZ-145). The Board approved as part of the 97-1 amendment cycle a change to the future land use plan map for 51.46 acres fronting on the west side of Proctor Road North of Willie Smith Road from Residential Preservation to Rural.

No one appeared in favor of or in opposition to the proposed amendment.

Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, to adopt the proposed rezoning ordinance No. 97-24 to amend the official zoning map:

31. PUBLIC HEARING - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO IMPLEMENT A FUTURE LAND USE PLAN MAP AMENDMENT REQUEST (RZ-146)

Pursuant to legal advertisement, a public hearing was conducted to amend the official zoning map. The Board approved as part of the 97-1 amendment cycle a change to the future land use plan map for 2.04 acres located south of Tram Road and west of Capital Circle SE from Mixed Use B to Urban Fringe. During the site specific zoning process, the Mixed Use B zoning district was repealed and the subject property was rezoned to M-1 Limited Industrial.

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

Commissioner Proctor stated that this request from Mixed Use B to Urban Fringe decreases density in a part of town where the density should be increased. Ms. Jean Gregory and Ms. Nancy Dawdy, Planning Department, explained that this involves a sand mine and the rezoning will make the zoning on the site consistent with the current comprehensive plan designation.

Commissioner Thaell moved, duly seconded by Commissioner Yordon and carried 6 - 1 (Commissioner Proctor voted in opposition), to adopt the proposed rezoning Ordinance No. 97-25 to amend the official zoning map:

32. PUBLIC HEARING - ON ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO IMPLEMENT A FUTURE LAND USE PLAN MAP AMENDMENT REQUEST (RZ-132)

Pursuant to legal advertisement, a public hearing was conducted on the official zoning map to implement a land use plan map amendment. The Board approved as part of an amendment cycle a change to the future land use plan map for 40.46 acres located on the north side of Tower Road west of the railroad tracks from Rural to Residential Preservation. This property is the subject of this rezoning application. The second part of this map amendment changed property lying directly east and south of the request site to the Mixed Use A future land use category. During the site specific zoning process, these properties that were in the Mixed Use A district were rezoned to OR-2, R-3, and M-1 as depicted on the general location map.

Ms. Jean Gregory, Planning Department, reported that since the time the agenda item was turned in, she received three letters in support of the zoning change.

Ms. Elaine Whitehead, 4615 Dresonia Drive (Tower Road), appeared and stated that she is representing the neighborhood and they are in favor of Residential Preservation zoning.

Commissioner Thaell moved, duly seconded by Commissioner Yordon and carried unanimously, to adopt the attached rezoning Ordinance Number 97-26 to amend the official zoning map:

33. PUBLIC HEARING - PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP FROM RESIDENCE (R-1) TO COMMERCIAL 2 (C-2) (RZ-158)

The County Commission has initiated an application for rezoning on 1.94 acres of property owned by Nino Violante at his request (from R-1 to C-2). The request is a rectangular shaped parcel that fronts 308 feet on Apalachee Parkway and extends 272 feet deep. The parcel owned by Mr. Violante contains 20.67 acres in total. The site contains a restaurant and associated parking, and under R-1 the use becomes nonconforming which regulates the extent of permissible activities for non-conforming land uses; if the zoning is changed to C-2, the restaurant would become a conforming use.

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

Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously, to approve the rezoning application and adopt the attached Leon County Ordinance Number 97-27:

34. PUBLIC HEARING - AMEND LAND DEVELOPMENT CODE (CHANGE NAME OF HISTORIC TALLAHASSEE PRESERVATION BOARD" TO TALLAHASSEE TRUST FOR HISTORIC PRESERVATION, INC."

The proposed ordinance amends Section 10-853, 10-1002, 10-10039b), and 10-1003©(4) of the Land Development Code by changing references to the Historic Tallahassee Preservation Board to the Tallahassee Trust for Historic Preservation, Inc.

Commissioner Thaell moved, duly seconded by Commissioner Sauls and carried unanimously, to approve Options 1 and 3: Adopt the attached Ordinance No. 97-28 amending Sections 10-853, 10-1002, 10-1003(b) and 10-1003©(4) of the Land Development Code, and confirm appointment of Segundo Fernandez to serve on the Architectural Review Board:

(The Board then resumed General Business Items beginning with Item #22.)

22. STAFF REPORT ON CROWN RIDGE ESTATES 2/3 - 2/3 PAVING PROJECT

The Board previously requested an update of the Crown Ridge Estates 2/3rds - 2/3rds Paving Project. The agenda request indicated that construction of the road should begin in August 1998.

Ms. Lila Richardson, 3717 Banton Lane, Crown Ridge Estates, appeared and urged the Board to move forward with the project, that the road in its current condition is dangerous for residents and for emergency vehicles.

Mr. Tom Strickland, 4062 Morgan Road, Crown Ridge Estates, indicated concern with the deplorable condition of the road, and concern that emergency vehicles may not be able to travel on the road, particularly in the rain. He requested that in the interim that the County would widen the road so that two cars can drive on the road.

Mr. Tony Park, Public Works, advised that staff will make one last attempt during February 1998 to obtain donation of right-of-way; the next four months will include condemnation process. Mr. Park explained that a few years ago, the Board authorized staff, in emergency situations, to correct road problems to ensure the passage of emergency vehicles. The Board directed staff to investigate the situation and determine if something can be done in the interim.

Commissioner Thaell moved, duly seconded by Commissioner Maloy and carried unanimously (Commissioner Yordon was not present), to accept staff update on the Crown Ridge Estates 2/3rds - 2/3rds project and direct staff to proceed with the project as outlined in the summary. The Board directed staff to do some base work on the road before obtaining all the right of way if possible.

 

23. TOURIST DEVELOPMENT COUNCIL

The Board entered discussion on whether to authorize the Tourist Development Council to negotiate and enter into contracts on behalf of the Council. County Attorney Thiele explained that this is a signatory issue.

Following some discussion, Commissioner Host moved to delay this matter until January 1998 and requested that Commissioner Maloy come back with a new recommendation.

Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried 4 - 3 (Commissioners Thaell, Host, and Sauls vote in opposition), to authorize the Tourist Development Council to negotiate and enter into binding contracts.

24. STATUS REPORT ON COMMUNITY HUMAN SERVICE PARTNERSHIP

Mr. Howard Pardue, Housing and Human Services, explained that the agenda request recaps the history of the Community Human Services Partnership and is for informational purposes.

Commissioner Yordon moved, duly seconded by Commissioner Thaell and carried unanimously, to approve Option 1: Accept the Report.

25. DISPOSITION OF AN EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURE LOCATED ON THE NORTHEAST BRANCH LIBRARY SITE

Staff acquired the site favored by the Board for construction of a new northeast branch library but is unable to proceed with architectural design until a determination is made as to the disposition of an existing single family residential structure that is located on the property. (On September 16, 1997, the Board approved the purchase of the McCord property, consisting of 4.54 acre parcel of land with single family residential structure and numerous out buildings, located at 5513 Thomasville Road, for construction of a new Northeast branch library. This acquisition was premised upon a number of conditions imposed by the Board, including a consideration of options for disposition of the single family structure.

Commissioner Host asked why the property behind the house was not included as part of the lot. Mr. Tom Brantley, Facilities Management, responded by explaining that staff estimated the property boundaries by the minimum setbacks for the RP district and the architect indicated that he may want to retain that section for inclusion in the natural area computation when going through site plan review. Commissioner Yordon stated that the lot would be more marketable if part of the contract on the lot be that it remain in its natural state so that an easement can be granted to the County. Commissioner Host suggested to go to the east on the boundary line of the lot and pick up the piece behind it which allows the prospective purchaser to build a garage or swimming pool, or other amenities.

Commissioner Host moved to approve a modified Option #1-A to include back piece of property as described: add to the 0.42 acre lot, on which the house is located, the northeastern portion of the parcel beginning at the southeast corner of the 0.42 lot and extending the lot line laterally to the eastern boundary of the parcel . Commissioner Yordon seconded the motion which carried unanimously (Commissioner Maloy was not present).

Option 1-A: Subdivide the property into two lots, one to be retained and one to be sold (see attachment 5) and take it out to bid consistent with the market value in that part of time. This sub-option consists of subdividing the property into two lots:

    1. A 4.12 acre parcel to be retained for construction of the northeast branch library. Because of the configuration of this parcel (after sale of the smaller lot from within the total parcel), siting the library would be more difficult; however, the architect would retain some autonomy for siting the principal library features (building, parking, driveway access, stormwater pond, etc.)
    1. A 0.42 acre parcel (including the house) to be auctioned and sold as a single-family residence, in accordance with F.S; 125.35 procedures (see attachment #6). Legal staff has advised that a sale of this type would need to comply with full disclosure requirements, including those for asbestos-containing materials (ACM), lead-based paint (LBP), radon, etc, which may be evident on this property. Also, the process for pursuing this option consists of performing a "limited partition subdivision" in accordance with Leon County requirements and coinciding with the current zoning designation (RP-Residential Preservation), and to combine or follow this with a "Type B Site Plan Review" for development of the new library on the larger of these two parcels (as a "Community Facility" exemption in the RP-Zone). Furthermore, in addition to creating the lot that is to be sold, a 15-foot minimum access easement would need to be reserved for providing legal access to the main thoroughfare (Thomasville Road). Also, it is noted that the size of the lot to be sold is established by way of minimum lot sizes and setbacks (S/B0 for the RP District (12,500 s.f. minimum area; 25-ft. minimum front and rear S/B; 7.5 ft. minimum side (S/B). Moreover, the existing well and septic tank which serve the house are located off this lot and , in addition to requiring a new electric service and driveway, those will need to be replaced and/or reconstructed prior to being sold.

A conservative estimate of the requirements for this approach is as follows: a) potential revenues of $150,000; b) total costs of $15,000; c) total calendar time until sale estimated at 14 months (February 1999).

26. RESPONSE FROM ENVIRONMENTAL AWARDS AND NEIGHBHORHOOD RECOGNITION COMMITTEES REGARDING DISSOLUTION OF THE COMMITTEES

The Chairman advised that this item would be continued until the end of the meeting, to allow time for Mr. Jerry Moore, Chairman of the Neighborhood Recognition Committee to be present. The Board concurred.

27. MID-YEAR FUNDING REQUEST FOR THE BOYS’ CHOIR OF TALLAHASSEE

The Board considered a mid-year request for 97/98 funding for the Boys’ Choir of Tallahassee to be dispersed from the County Commission’s discretionary funds. (The Boys Choir has been invited by President Clinton as the sole representative of Florida to perform at the Kennedy Center in a national cultural awareness activity. The choir has also been invited to the TODAY SHOW.)

A representative of the Boys Choir of Tallahassee explained that they are not representing any political candidate but are representing all of Tallahassee.

Commissioner Yordon moved and was duly seconded by Commissioner Thaell to approve (Option 1) funding of $2,500 from the County Commission’s Discretionary Fund.

Commissioner Host explained that he will vote in opposition to the motion because of philosophical reasons, but stated that he is not opposed to the program. A representative of the Boy’s Choir stated that this does not preclude him from making a private donation. Commissioner Host stated that he would make a personal contribution to the choir.

The motion on the floor carried 6 - 1 (Commissioner Host voted in opposition).

28. FISCAL YEAR 1996/97 ANNUAL PERFORMANCE REPORT

Mr. Don Corley, Office of Management and Budget, briefed the Board on the Fiscal Year 1996/97 Annual Performance Report.

Commissioner Thaell moved, duly seconded by Commissioner Host and carried unanimously (Commissioner Yordon was not present), to accept the attached FY 1996/97 Annual Performance Report:

 

COUNTY ATTORNEY

Referred to the attached correspondence on the proposed Settlement in Phipps V. Cathy English (former Animal Control Director) involving a 1995 lawsuit challenging a determination that the Phipps’ dog was dangerous and that it should be euthanized. Given the nature of the claim, the matter was referred to the FACT who retained a law firm to defend Leon County. On Wednesday, December 3, 1997, Mr. Phipps presented a proposed settlement stipulation to the County through Commissioner Yordon’s Office. County Attorney Thiele recommended that the County reject the settlement.

Commissioner Yordon provided an explanation of circumstances surrounding the attack and referred to written testimony of a veterinarian and the head of the City of Tallahassee Canine Unit, he feels that the dog is not a dangerous animal. Mr. Thiele explained his concern that there is a procedure set forth in the Code of Laws and the Florida Statutes whereby if a person disagrees with the determination made by the Classification Committee that an animal is dangerous, they are required to appeal that decision to the County Court; in this case, a plaintiff sued the County for a declaratory judgment action and essentially circumvented the statutory methodology for having a Classification Committee determination resolved. Mr. Thiele advised that if the Board accepts the proposed agreement, they will be overturning the Classification Committee’s determination of the dangerousness of the dog in question without following the review criteria.

Commissioner Yordon moved, duly seconded by Commissioner Host and carried unanimously, to accept the Plaintiff’s proposed settlement agreement, amended to reflect that Ms. Cathy English (former Animal Control Director) is no longer employed by the County. See attached:

COUNTY ADMINISTRATOR

(a) Add-On Agenda Item Re: Budget Amendment for Federal Grant: Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, to approve the attached budget amendment to establish a fiscal account to track the 1997-98 Byrne Grant (Teen Court Trust/S.C.A.L.E.S.) awarded to Leon County:

(b) Add-On Agenda Item Re: Subordination of SHIP Deferred Payment Loan Agreement: . (A client received assistance in purchasing a home under the County’s HOME and SHIP programs. The title company that handled the closing sent the SHIP DPL (Deferred Payment Loan Agreement) for $10,593.13 to the Clerk’s Office, but held the first and second loan documents. The SHIP DPL was recorded by the Clerk’s Office in first place; the County’s DPL should have been recorded in third place. In order to have it recorded properly, the Board can execute a subordination agreement. Commissioner Host moved, duly seconded by Commissioner Yordon and carried unanimously, to approve the subordination agreement.

(The Board then discussed the following agenda item #26 since the appropriate party was present.)

26. RESPONSE FROM MEMBERS OF ENVIRONMENTAL AWARDS AND NEIGHBORHOOD RECOGNITION COMMITTEES REGARDING DISSOLUTION OF THE COMMITTEES

Discussion focused on whether to dissolve the Environmental Awards Committee and the Neighborhood Recognition Committee. Mr. Jerry Moore, 2607 Pottsdamer Street, President of Callen Neighborhood Association, (Chairperson of the committee) appeared and requested that the Board not disband the Neighborhood Recognition Committee but to revitalize the committee, and to investigate reducing the costs, spending no more than $100 per year for the annual presentation plaque.

Commissioner Yordon suggested that perhaps the Board of Realtors would be interested in providing funding for the Neighborhood Recognition Committee and perhaps be a partner in the process.

Commissioner Yordon moved and was duly seconded by Commissioner Host to keep the Neighborhood Recognition Committee and to ask the Board of Realtors to be a part of the process, including funding, and request the Public Affairs Coordinator to approach the Committee and the Board of Realtors on this issue. The motion carried unanimously. Ms. Sarah Lee, Agenda Coordinator , will notify members of the committee.

Commissioner Host moved, duly seconded by Commissioner Maloy and carried unanimously, to disband the Environmental Awards Committee.

DISCUSSION ITEMS BY COMMISSIONERS

COMMISSIONER YORDON:

a. Requested that an item regarding funding for LeMoyne Art Foundation be placed on the January 13, 1998 agenda.

b. Requested consideration of child care establishments in the Comprehensive Plan be included in a future agenda, specifically referred to Ms. Hall’s request for a child care center near Hartsfield Elementary School.

c. Referred to the memorandum regarding hiring practices at the Library, and stated that he would like to send the message to employees that the Board will assume that processes and policies are being followed by staff unless the Board is told otherwise. Commissioner Yordon offered an apology to the Library Director for having to go through this ordeal unnecessarily.

d. Noted that it was "healthy" to have a variety of votes on various issues at the Commission table, indicating diversity among the Commission.

COMMISSIONER HOST:

a. Requested approval of a Resolution for SAFECO which was presented at the beginning of the meeting tonight. The Board concurred.

b. Referred to the issue involving hiring practices at the Library and stated that Commissioners should be careful regarding their public comments as it relates to actions of staff until the issue is thoroughly investigated.

COMMISSIONER THAELL:

a. Appointed Felicidad Curva to the Housing Finance Authority to fill a vacancy.

b. Extended "Best Wishes" to Florida State University in the Sugar Bowl playing Ohio State.

COMMISSIONER SAULS:

Requested that the County Grants Writer work be directed to work with Sabrina David, Planning Department, to obtain grants from FDOT which deal with transportation disadvantaged.

COMMISSIONER PROCTOR:

a. Referred to his memorandum to the Board regarding Library Hiring Patterns dated December 1, 1997, and advised that he is the Commissioner who brought the issue of Library hiring practices forward and indicated that the reason it was pursued is to be certain that the issue was not treated frivolously and that fairness prevails. Commissioner Proctor circulated a copy of a letter he received from Mr. Musa Wali-Jugger, Coordinator for Inter City Committee for the Poor, alleging that racism has occurred at the Library.

b. Stated that he has promoted growth and development in this community and urged the Board to support growth and development in the southside and stated that he plans to bring the Comprehensive Plan amendment forward again in January involving the Woodville area (proposal to change 1 unit per acre to 1 unit per one-half acre), to provide affordable housing in the area; he will also be bringing forward an amendment to extend the urban service area to include the Woodville community. Commissioner Yordon stated that he takes exceptions to implications made by Commissioner Proctor that he is the only one that has pursued growth in the Southside, and that other Commissioners have also pursued the issue.

CHAIRMAN JOANOS:

Reminded that the Board Retreat is scheduled for Friday, December 12, 1997 and that the Operations annual Christmas luncheon will be on December 19 at Mosquito Control on Appleyard Drive.

There being no further business to come before the Board, the meeting was adjourned at 8:20 p.m.

APPROVED:___________________

Manny Joanos

Chairman

 

 

 

 

 

 

 

 

ATTEST:

 

 

 

 

 

 

 

 

 

_______________________________

Clerk of the Circuit Court