BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

MINUTES - REGULAR MEETING

April 28, 1998

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, and Deputy Clerk Sandra C. O’Neal.

Invocation was provided Commissioner Proctor followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

Commissioner Thaell presented the attached "Model Business" resolution to representatives of Fringe Benefit Management Association:

The Chairman presented the attached Resolution for National Arson Awareness week, May 3-9, 1998:

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 which was addressed as described:

  1. BILLS AND VOUCHERS
  2. The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: $1,661,451.64

  3. APPLICATION FOR LIBRARY SERVICES AND TECHNOLOGY ACT GRANT FOR THE BORN TO "READ PROGRAM"

The LeRoy Collins Leon County Public Library, in conjunction with the Tallahassee Memorial Regional Medical Center and the Literacy Volunteers of Leon County, seek approval to submit a grant application in the amount of $25,045 for the Born to Read Program through the Library Services and Technology Act (LSTA).

The Board approved submission and signing of LSTA grant application in the amount of $25,045 for the Born to Read Program.

3. AUTHORIZATION TO SUBMIT FAMILY LITERACY GRANT APPLICATION TO THE STATE LIBRARY OF FLORIDA

Staff is seeking approval to submit the Library Services and Technology Act grant application for family literacy to the State Library of Florida for FY 1998-1999 in the amount of $64,517. The Board authorized the Library Director to execute the proposal documents on behalf of Leon County, and authorize submittal of the proposal to the State Library of Florida.

4. NOVATION AGREEMENT WITH IBM CREDIT COOPERATION

(In 1997, the Leon County and IBM Credit Corporation entered into various agreements, whereby, the County agreed to purchase from IBM certain computer related products and software products. The agreement provided that payments be made by Leon County over a five-year period. In addition, the interest payments associated with the Agreement were intended to be exempt from federal income taxation and the County was required to file certain forms with the Internal Revenue Service. Through an oversight, the forms were not filed. In order to correct the oversight, the parties would need to enter into a Novation Agreement. The Board approved the Novation agreement, authorized the Chairman to execute the agreement, and authorized staff to submit the necessary forms to the IRS.

 

 

5. AWARD OF REHABILITATION CONTRACT FOR THE STATE HOUSING INITIATIVES PARTNERSHIP AND HOME PROGRAMS

Board approval is required for the SHIP Program to award a major rehabilitation project potentially over $20,000. This item is a request for the Board to award a contract on one home (the Hudson House) because the total anticipated cost of rehabilitation is within the threshold requiring Board action. The Board approved the bid award: Hudson House to Florida Housing Trust, Inc. (Robert M. Reister, Certified General Contractor) for up to $34,159 with the amount over $20,000 subject to the Florida Housing Finance Corporation’s (FHFC) acceptance of the client and associated papers.

  1. REQUEST TO SCHEDULE WORKSHOP FOR LAKE LAFAYETTE SPECIAL DEVELOPMENT ZONE
  2. The Board approved the workshop schedule as follows: Lake Lafayette Special Development Zone workshop for 2:30 – 4:00 p.m. Tuesday, May 26, 1998. Conducting the workshop will be the Department of Community Development.

  3. CAREER SERVICE MERIT PAY
  4. The Pay Plan requires that proposed merit payments be submitted to the Board for approval each year. Commissioner Host pulled this item to commend Administration for its development of performance standards. He did express concern regarding bonuses given to employees and reiterated his philosophical objection to awarding payments to employees who meet expectations.

    Commissioner Maloy moved, duly seconded by Commissioner Yordon and carried 5 – 2 (Commissioners Joanos and Host voted in opposition), to approve the distribution of merit awards based on the guidelines proposed in Attachment #1:

     

    GENERAL BUSINESS

  5. CROWN RIDGE ESTATES 2/3-2/3 PAVING PROJECT

At the March 17, 1998 Commission meeting, the Board postponed adoption of the resolution authorizing the use of eminent domain for the Crown Ridge Estates Paving Project. The Board directed staff to notify Crown Ridge Estates property owners of the potential increase in the cost of the project and to request their input at a future Board meeting to be scheduled in April prior to adoption of the resolution. County Administrator Alam explained that the project began in 1989 and at that time, the estimate was approximately $2,300 to be assessed per lot to pave all the roads and construct proper drainage. He advised that approximately 137 (out of 183) rights-of-way have been acquired; approximately 46 parcels are remaining and those owners have decided not to donate the property; the County will have to proceed with condemnation proceedings which will increase the cost, which will now be approximately $5,000 - $6,000 per lot. Mr. Alam explained that this also creates an inequity to the property owners who have donated their rights-of-way since they have to absorb the cost of condemnation of the properties that have not donated rights-of-way. Currently, the amount of $131,000 has been spent on the engineering design and maintenance of the road system. Mr. Mike Willett, Director of Public Works, responded to the Board’s inquiries and advised that letters were sent to all of the property owners advising of the meeting tonight.

The following citizens appeared and voiced their comments:

Vice-chairman Thaell assumed the Chair and Commissioner Joanos moved and was duly seconded by Commissioner Maloy that staff be directed to move forward for a 30-day period, attempt to secure what other rights-of-way or easements are possible to obtain, and authorize staff to extend offers to purchase, negotiate and use the power of eminent domain to acquire the rights-of-ways and easements necessary for the construction of the Crown Ridge Paving Project.

Commissioner Proctor agreed to call a meeting of the subdivision property owners, with County staff to attend, in an attempt to help them understand the financial ramifications if the County has to use eminent domain proceedings in lieu of the owners donating the rights-of-way and easements.

Commissioner Yordon entered some discussion regarding obtaining roadway easements as opposed to rights-of-way, suggesting that perhaps some property owners would rather maintain ownership and would be willing to provide roadway easement.

The motion on the floor carried unanimously.

(The Chairman recognized Gadsden County Commissioner, Bill McGill, in attendance.)

9. REQUEST TO CLOSE STATE ROAD 267 FOR MASTERS CYCLING CHAMPIONSHIP TIME TRIALS ON JULY 15, 1998.

The Tallahassee Area Convention and Visitors Bureau is requesting that the Board approve closure of State Road 267 in Leon County. The road will be closed on July 15, 1998 from 7:00 a.m., to 6:00 p.m. from Highway 20 to Helen Guard Station Road in Wakulla County in order to perform the Time Trial portion of the Fresca Masters Cycling Championship. The event will have over 2,000 visitors and participants.

Commissioner Yordon moved, duly seconded by Commissioner Maloy and carried unanimously, to approve the closure of the road as requested.

10. RATIFICATION OF ACTIONS TAKEN AT THE JOINT COUNTY/CITY WORKSHOP ON APRIL 15, 1998

At the April 15, 1998 joint County/City workshop, Commissioners addressed fire services fee, sales tax referendum, and visioning. The agenda request explained that the Board took the following action:

Fire Service Fee: The Board agreed to have County staff work with City staff to resolve staff and Commission concerns, including equity and fee structure. The Board emphasized its unwillingness to consider any fire services fee that would be assessed on the tax bill. The Board further directed staff to work with Talquin Electric to determine if they will include the fire services fee on their utility bills.

Sales Tax Referendum: The Commission agreed to have staff generate a listing of specific high priority projects with estimated costs limited to three project categories including: 800 MHz Communications and Consolidated Dispatch, Transportation, and Lakes Restoration/Stormwater. Commissioners discussed the possibility of further narrowing these project categories to the selection of two to be placed on the referendum to extend the sales tax. A follow-up discussion will be scheduled for the earliest available joint meeting in May 1998.

Visioning: Commissioners discussed ideas to pursue the visioning initiative in the community. The Board agreed to consider committing a County share of $2,500 to the process during budget deliberations.

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously (Commissioner Proctor was not present), to ratify actions taken at the April 15, 1998 Joint Workshop. The Board indicated that they would schedule a workshop on the fire services fee.

11. REQUEST FOR PROPOSALS FOR CONFLICT ATTORNEY SERVICES FOR JUVENILE DEPENDENCY, TRAFFIC AND MISDEMEANOR CASES

The Board considered the Request for Proposals for conflict attorney services for juvenile dependency, traffic and misdemeanor cases in Leon County.

Commissioner Host moved, duly seconded by Commissioner Thaell and carried unanimously, to authorize staff to prepare and issue a Request for Proposals for conflict misdemeanor and traffic cases; and authorize staff to develop and issue a Request for Proposals for juvenile dependency attorney services.

  1. FINAL REPORT OF THE FLORIDA PETROLEUM PIPELINE LEGISLATION COMMITTEE
  2. The Florida Petroleum Pipeline Legislation Committee has requested that the County provide this Final Report of its efforts during the past year to develop consensus, proposed legislation governing the siting of petroleum pipelines in the State of Florida. County Attorney Thiele explained that this item is essentially a status report to show the type of discussions that have been held, the amount of work that has gone into the project, and the current status of the legislation. Mr. Thiele explained that if the proposal is acceptable to the Board, staff would work on it for the 1999 legislative session, although it does require additional staff work. He stated that if the report were referred to staff or to the committee for further work, he would like direction on the topic of "preemption or potential preemption of local regulatory authority."

    Commissioner Host commended the committee and explained that it was not the intention of the committee to draft legislation, but an effort to try to get a sense from all parties on whether it was possible to create a pipeline siting proposal and if so, how would it be structured. Commissioner Host stated that the decision the Board will make tonight is whether to accept the report or to accept the report and forward it. Commissioner Yordon stated that the issue really is about whether pipelines should be allowed in certain areas; if the Board accepts the report and agrees to pass it on to the state, the Board will be taking the first step in giving up the County’s authority on this matter.

    Mr. Bill McGill, Gadsden County Commissioner, appeared and stated that he opposes the proposed pipeline legislation. He stated that the Leon County Commission should not have invited a citizens committee to address issues that would affect the entire state without notifying other County Commissioners that this was taking place. Mr. McGill recommended that the Board accept the report only, but to deny the legislation.

    Ms. Marion Lasley, 151 Dante Court, Quincy, appeared and stated that there should be effective State guidelines with this issue, and that citizens rights should be protected.

    Mr. Michael Dorian, Route 2, Box 62-B, Quincy, chairman of Gadsden United (an organization that was formed when attempts were made to site a pipeline and tank farm in the community several years ago) appeared before the Board and stated that the community is concerned with taking the rights away from local governments and citizens throughout the state of Florida. Mr. Dorian stated that Chairman (of Gadsden County Commissioners) Sterling Watson, is also opposed to this proposal.

    Mr. Bob Rackleff, 816 Cherry Street, commended Commissioner Yordon for forming this committee and stated that all seven members of the committee went into this issue with an open mind, but were actually divided in their beliefs of streamlining the process at the state level and preserving local land use authority. Mr. Radcliff explained that the committee could not really come up with a solution for resolving a coherent piece of legislation, and recommended that the Board accept the report only.

    Mr. Dustin Smith, 20 N. Adams Street, planner for Gadsden County, appeared and emphasized the importance of pipelines being installed at the best route and not at the cheapest route. He stated that the best way to make certain this takes place is to have the decisions and reviews at the local level rather than state level.

    Commissioner Yordon moved and was duly seconded by Commissioner Host to accept the attached report, thank the Petroleum Pipeline Legislation Committee for their work, and move that each committee member be given some memento of their time spent. The motion carried unanimously.

     

     

  3. ARTICLE V EXPENDITURES AND COST RECOVERY PROGRAM
  4. This is an informational report on the costs associated with maintenance of the Leon County criminal justice system and collection and distribution of fines and court costs imposed in criminal and traffic cases (involving the Circuit Court, Chief Judge, and the County Attorney). County Attorney Thiele explained that the activity is still ongoing and his office continues to be an active participant in the program; from the standpoint of a revenue generating methodology, it has proved successful in the implementation of the program, and they have collected in excess of $1 million of unpaid bills. County Administrator Alam commended Judge Sauls in this effort and stated that it is estimated that $2 million would be collected on an annual basis.

    Commissioner Yordon referred to victims’ restitution, and County Administrator Alam stated that the Judge would make a determination as to what part of the fine would go to victims’ restitution. Mr. Thiele stated that this program does not disturb the victims’ restitution portion and he will provide a report on the distribution of funds.

    Commissioner Maloy moved, duly seconded by Commissioner Host and carried unanimously, to accept the attached report:

     

  5. BUDGET TRANSFER FOR THE COUNTY ATTORNEY

A budget transfer is required from the General Fund Contingency Account to provide additional funding for the professional services fees for outside legal work administered by the County Attorney’s Office.

Discussion focused on the large amount of taxpayer’s dollars being spent on defending actions of the Commission, and Commissioner Host suggested that a process be developed to recoup some of the costs, especially where frivolous lawsuits are filed. County Attorney Thiele explained that he does pursue taxable costs whenever he has the opportunity, in fact there are three current pending cases for an award of attorneys fees and costs for a meritless case.

At the Board’s request, the County Attorney will include in budget discussions a suggestion by Commissioner Proctor that consideration be given to retaining a law firm to handle land use litigation.

Commissioner Yordon moved, duly seconded by Commissioner Sauls and carried unanimously, to approve the attached budget amendment:

 

COUNTY ADMINISTRATOR

Add-on Agenda Items

  1. LETTER OF SUPPORT FOR WAKULLA COUNTY:
  2. This agenda item requests that a letter of support be approved on behalf of Wakulla County’s application to Enterprise Florida for funding from the Economic Development Transportation Fund. (Wakulla County has secured a commitment from a company wishing to locate its operations in Wakulla County. The company expects to generate 275 jobs with salary ranges of $20,000 - $24,000. The company’s decision to locate in Wakulla County is contingent upon improvements being made which include four-laning Woodville Highway in the City limits of Wakulla, construction of a turn lane on Woodville Highway, paving Plank Road which extends into Leon County and Wakulla counties. Wakulla County is submitting an application to Enterprise Florida for funding from Economic Development Transportation Fund to accomplish these improvements.) County Administrator Alam explained that Leon County and Wakulla County would be on the application and there would be no cost to Leon County.

    Commissioner Proctor recognized Ms. Alberta Simmons and Mr. Quinton Williams for bringing this matter to the Board’s attention. Ms. Simmons appeared and thanked the Board for its support, advised that the application will be a joint application with Leon County and Wakulla County, and stated that Leon County would need to be a co-applicant because part of the transportation project lies within Leon County’s jurisdiction. She requested that this be part of the motion.

    Commissioner Host moved, duly seconded by Commissioner Proctor and carried unanimously, to authorize the Chairman to sign a letter of support and authorize the County Administrator to respond to any further requests for information, that Leon County be a co-applicant on the application and authorize the Chairman to sign the application when it comes forth.

  3. STATUS OF BOOT CAMP LEGISLATION

Chairman Joanos explained that he has requested the status of the Boot Camp legislation due to the fact that two boot camp bills were introduced this legislative session. (The agenda request explained that as introduced, the two bills, House Bill 1486 and House Bill 4153, provided for state funding for boot camps rather than local funding; provided for the authority of the Sheriff over the boot camps in the county; provided for the placement of juveniles in a boot camp within the circuit in which they were adjudicated; provided offenses and conditions for which commitment to a boot camp program is mandatory. On April 14, 1998, the Senate Committee amended the bills, which are now identical, and strikes language providing for solely state funding, and does not clearly establish one source of funding. The bill, as amended, also does not provide for offenses/conditions for which commitment to a boot camp program is mandatory. Mr. Vince Long, Assistant to the Administration Director, explained that this is on the Senate calendar and will probably be taken up tomorrow.

Commissioner Yordon requested that a letter be prepared for the Chairman’s signature, on behalf of the Board, to be sent to the delegation advising that the Board cannot support the bill as amended in the committee in that it takes away control from local government yet gives the bill to the County, and that this could lead to the closing of the Leon County boot camp and possibly other boot camps; also send a letter to the Governor asking him to veto the proposed bill. It was the consensus of the Board to send the letters as described.

Regarding legislative issues, Commissioner Maloy inquired if there was any pending legislation that the Board should be aware of. Ms. Laurie Ringquist, Director of Administration, responded by explaining that the County’s Lobbyist advised that items in the budget were still in, and the lobbyist would be providing a status report at the first meeting in May.

Commissioner Proctor advised that Representative Al Lawson is urging the Board to show its support to the Governor for funding for Bethel Life Center/Revitalization of French Town. The Board concurred that a letter would be sent to the Governor.

DISCUSSION ITEMS BY COMMISSIONERS

COMMISSIONER HOST:

  1. Requested adoption of a resolution for "National Senior Health and Fitness Day, May 27, 1998". The Board concurred.
  2. Suggested rescheduling the budget workshops and/or canceling Board meeting of July 21, 1998 due to overlapping dates for the NACO Conference in Portland. It was the consensus of the Board to adopt the following schedule:

Tuesday, July 21: Board meeting cancelled

Monday, July 27: 8:00 a.m. to 5:00 p.m. workshop on tentative budget/5-year plan

Tuesday, July 28: 8:00 a.m.-5:00 p.m., workshop on tentative budget/ 5-year plan;

5:00 p.m., public hearing on tentative budget/5-year plan;

Tuesday, July 29: 8:00 a.m.-5:00 p.m., workshop on tentative budget/5-year plan

CHAIRMAN JOANOS:

  1. Distributed an article from the latest issue of Florida Sportsman, which named Lake Jackson as a top bass fishing lake.

b. Advised that the preferred ballot for the issue of "elected vs. appointed School Superintendent" is the November ballot.

There being no further business to come before the Board, the meeting was adjourned at 7:20 p.m.

APPROVED:____________________

Manny Joanos

Chairman

 

 

 

 

 

ATTEST:

 

 

 

 

 

 

 

 

_____________________________________

Clerk of the Circuit Court