BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

MINUTES - REGULAR MEETING

May 26, 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, Deputy Clerk Bill Bogan, Jr., and Secretary Jodi C. Watkins.

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

AWARDS AND PRESENTATIONS

PRESENTATION OF RESOLUTION TO GODBY HIGH SCHOOL TRACK TEAM

Chairman Joanos presented the attached resolution to the team and coach in recognition of its 5A State Track and Field championship:

HISTORIC PRESERVATION INCENTIVES REPORT:

Mr. John Barley, Chairman, Architectural Review Board, addressed the Board and referred to a letter from him dated May 6, 1998 in which the ARB offered recommendations for the historic incentives program. Motion made by Commissioner Thaell, duly seconded by Commissioner Yordon take action to promptly implement incentives for historical preservation as recommended by the ARB, and direct the County Administrator to prepare an agenda item for the June 9, 1998 meeting specifying action to be taken by the Commission to implement such incentives. Motion passed unanimously.

1. ANNUAL REPORT: INVESTMENT OVERSIGHT COMMITTEE

Mr. Darryl Williams, chairman of the Committee, presented the Investment Oversight Committee (IOC) periodic report to the Board concerning the status of the county’s investments. Leon County primarily uses three investment vehicles. The County invests funds through the overnight sweep account at the county’s depository, the State Board of Administration, and the County’s investment advisor. The IOC, through review of data provided by each of these investors, has determined that the County’s investments are well managed. The current investment advisor is doing a good job with the total return on the intermediate portfolio. Motion made by Commissioner Host, duly seconded by Commissioner Maloy to accept the attached report. Motion carried unanimously.

CONSENT

Motion made by Commissioner Maloy and duly seconded by Commissioner Sauls to approve staff recommendations on all Consent items except Items 3, 4, 5 and 7, which were pulled by Commissioner Thaell and acted upon as reported below. Motion carried unanimously.

2. BILLS AND VOUCHERS

The Board approved the County bills and authorized the Clerk and the Chairman to issue the proper warrants: $ 1,779,572.25

3. RATIFICATION OF ACTIONS TAKEN AT THE MAY 18, 1998 JOINT COUNTY/CITY WORKSHOP

The County and City Commissions met jointly on May 18, 1998 to discuss the process to be followed in finalizing the Cycle 98-2 Comp Plan amendments and to discuss the proposed sales tax extension. As directed by the joint commissions on April 15, 1998. County and city staff had prepared project lists in the areas of joint communications, transportation, and lakes restoration/stormwater to be considered for a possible sales tax extension. This item serves to ratify the actions taken at the joint workshop on May 18, 1998.

Commissioner Thaell pulled this item to recommend the formation of a citizen’s task force to identify common needs and make a proposal to both commissions regarding the sales tax extension. The motion was made by Commissioner Thaell and seconded by Commissioner Host to ask staff to bring back an agenda item outlining a citizens’ participation Committee for the sales tax. The motion failed 3 – 4 with Commissioners Joanos, Proctor, Sauls and Yordon opposing.

Commissioner Thaell then made the motion, duly seconded by Commissioner Sauls to approve staff recommendation, Option 1: "ratify actions taken at the May 18, 1998 joint workshop." Motion carried unanimously. See attached agenda request:

 

4. PROPOSAL TO ADOPT AMENDMENT TO HOUSING INCENTIVE PLAN (HIP) TO CONFORM WITH STATE REQUIREMENTS

A housing Advisory Committee was formed in April 1993 pursuant to the adoption of the County’s first Housing Assistance Plan for the State Housing Initiatives Partnership Program. This committee, mandated by the SHIP legislation, was charged with examining the permitting and regulatory processes and making recommendations to the Board as to how those could be changed to facilitate the creation of affordable housing. These recommendations became the Housing Incentives Plan. The Committee recommended a HIP that was approved by the Board, reviewed by the Florida Housing Finance Agency (now Florida Housing Finance Corporation) modified and readopted by the Board. The most recent Board approved HIP was approved by the FHFC on March 23, 1995.

In 1997 state legislation and implementing regulations for the SHIP program changed. As part of annual SHIP reporting, the State required status reporting on the implementation of the HIP and either deletion of unimplemented strategies or implementation of measures to complete implementation by June 30, 1998. Importantly, the new SHIP regulations also require that the County develop and submit a revised joint Housing Incentive Plan and Housing Assistance Plan in May 1999. This later Plan, the HAP, is the Plan adopted by the Board that sets forth strategies for the use of SHIP funds for affordable housing in unincorporated Leon County. Therefore, in early 1999 a new, more comprehensive Plan will be developed and presented to the Board for consideration.

Commissioner Thaell pulled this item to recommend that in the future, this Plan include the Millennium Project. Commissioner Host expressed concern about elimination of "clustering." County Administrator advised that the Millennium Project would be included, and HHS director Howard Pardue stated that the "clustering" issue would be included in density changes in 1999. A motion made by Commissioner Thaell and seconded by Commissioner Yordon carried unanimously to approve staff recommendation, Option l: "adopt the revision to the Housing Incentive Plan as presented by staff, by the attached Resolution (R98-09), and authorize staff to transmit the revised plan to the Florida Housing Finance Corporation for review."

 

5. VOLUNTARY ANNEXATION FROM THE CITY TO ANNEX 7.53 UNDEVELOPED ACRES LOCATED ON CENTERVILLE ROAD SOUTH OF INTERSTATE 10

The Comprehensive Plan required the Board of County Commissioners to review and make recommendations on proposed annexations to the City Commission. Specifically, Policy 2.1.4. of the Intergovernmental Coordination Element provided in part that:

The plan for each annexation shall be provided by the City Manager to the County Administrator at the time that it is provided to the City Commission. The Board of County Commissioners shall have the opportunity to review, comment, and suggest changes regarding the proposed annexation prior to the adoption of the annexation ordinance by the City Commission.

The County and City administrations have instituted procedures to implement these annexation provisions. The City submits information and analysis for review by County staff. County staff review comments are included in the Agenda Request. The City Commission will be holding the public hearing on the annexation proposal to annex 7.53 undeveloped acres located on Centerville Road south of Interstate 10 on May 27, 1998.

Commissioner Thaell pulled this item to express concern about the Attorney's and Growth Management's comments concerning the annexation. County Administrator advised that the annexation meets provisions of Florida law and that if the project does not meet concurrency, it cannot go forward. A motion made by Commissioner Maloy and duly seconded by Commissioner Host carried 6 – 1 (with Commissioner Thaell opposed), to approve staff recommendation, Option 1: "do not object to the City annexation of the property."

6. VOLUNTARY ANNEXATION PROPOSAL FROM THE CITY TO ANNEX TEN PARCELS CONTAINING APPROXIMATELY 206 DEVELOPED AND UNDEVELOPED ACRES LOCATED ON U.S. 90 AND INTERSTATE 10

The review of the voluntary annexation proposal from the City to annex ten parcels containing approximately 206 developed and undeveloped acres located on US 90 and Interstate 10. The City Commission will be holding the public hearing on this issue on May 27, 1998. The Board approved Option 1: "do not object to the City annexation of the property."

 

7. PROPOSAL TO SUBMIT AN APPLICATION FOR THE 1998 BYRNE DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT

A formula grant for $243,265 has been set aside to address drug control. The program requires that 51% of all local governments agree with the proposed use of the funds, which would call for the County and the City to agree upon this proposal. A 25% cash match for each program is required.

Commissioner Thaell removed this item to request information on one of the programs, the "Balanced and Restorative Justice" program, and whether it might duplicate services already provided. Staff reported that the Court Administrator, Tom Long, was not present, but could respond to Commissioner Thaell's concern. The County Administrator Parwez Alam suggested to submit the application and to have the Court Administrator, at the next Board meeting, to answer any questions the Commission might want to address.

Commissioner Proctor moved, duly seconded by Commissioner Maloy to "approve the recommended option and submit the grant application (Option 1)." Motion carried unanimously.

8. PROPOSAL TO EXTEND FOR ONE MONTH (JULY 1 - JULY 31, 1998) THE CONTRACT FOR JUVENILE VICTIM/OFFENDER MEDIATION PROGRAM

The City and County entered into an agreement dated July 29, 1997, to provide local law enforcement block grant funding to the County to establish a juvenile victim/offender mediation program through the Neighborhood Justice Center. The amendment would extend the time of performance under the agreement from July 1, 1998 to July 31, 1998, in order to expend remaining grant funds. This amendment will enable the juvenile victim/offender mediation program to operate for one additional month and will have no other fiscal impact whatsoever. The Board approved (Option 1) "the agreement amendment."

9. BUDGET AMENDMENT: CHILD SUPPORT HEARING OFFICER GRANT

The Florida Department of Revenue offers reimbursement grants to circuit courts to implement a hearing officer program to expedite the handling of Title IV-D Child Support Enforcement cases. The Department of Revenue will pay 66% of the cost of this program and counties must provide the additional funds as match. The grant contract with the Department of Revenue has performance standards that require 90% of the Title IV-D Child Support Enforcement cases be resolved within three months of the date of service. They also expect 98% of the cases will be finalized within six months, and that all cases will be finalized within 12 months. The Board approved the attached budget amendment:

 

10. PROPOSAL TO EXTEND CONTRACT FOR ONE YEAR WITH VOYAGEUR ASSET MANAGEMENT CORPORATION FOR FINANCIAL SERVICES

During the March 12, 1998, meeting, the Investment Oversight Committee recommended to staff that a contract extension under terms and conditions with Voyageur be pursued. Staff informed the Investment Oversight Committee at the May 12, 1998 meeting that Voyageur wanted to extend the contract under the conditions of the original contract. The original agreement calls for compensation in the amount of .12% for the first $25 million in daily net assets, and .10% for any assets in excess of $25 million. The Investment Oversight Committee has reviewed Voyageur’s performance over the past year and recommends their retention. The Board approved Option 1: "extend the agreement with Voyageur to expire January 31, 1999; this represents one year from the expiration of the agreement."

11. PROPOSAL TO APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CONSTRUCTION OF A FENCE AROUND THE BOUNDARY OF THE MICCOSUKEE GREENWAY PROPERTY, AND SOLICIT BIDS FOR CONSTRUCTION

In May 1998, the Trust for Public Land completed the purchase of the 500-acre tract known as the Miccosukee Greenway. The Trust for Public Land on behalf of the State of Florida Office of Greenways and Trails for purposes of recreation and preservation purchased the property.

As part of the acquisition process, the Board agreed by resolution to undertake the management of the parcel through terms set forth in a management contract between the State of Florida and Leon County. The management contract calls for Leon County to accept maintenance of the Greenways, and to create a management plan for the long-term development of the property. An initial term of the sale is that the property would be fenced between Powerhouse, Inc. property and Miccosukee Greenway property shortly after the final closing of the property sale. The Board approved Options 1 and 3: (1) "approve the Assignment and Assumption Agreement as submitted" and (3) "authorize the solicitation of bids for construction of the boundary fence, with bid award to be returned for Board approval in accordance with the County’s Purchasing Policy."

General Business

  1. LAKE LAFAYETTE SPECIAL DEVELOPMENT ZONE

Commissioner Host expressed concern about the size of the area to be included in the special development zone. Staff reported that the area depicted in the agenda item was a beginning point prior to the public workshops and that a more defined area would be brought back to the Board.

Commissioner Yordon moved, duly seconded by Commissioner Thaell motion carried unanimously to approve Option 1, "authorize staff to proceed with public workshops on the draft proposed special development zone." The motion carried unanimously. (Staff reported that the area depicted in the agenda item was a beginning point prior to the public workshops and that a more defined area would be brought back to the Board.)

13. BID DISPUTE PERTAINING TO RETROFIT OF RESIDENTIAL STRUCTURE UNDER THE FEDERAL HAZARD MITIGATION GRANT FUND PROGRAM

Cherie Rowland, PO 1837, appeared before the Board and expressed the concerns of her and her husband of the time frame of this project. It has reached a critical time in which they can meet the specifications of the extension received by Department of Community Affairs. At the same time they care about things being done in an up-front way.

Morris Palmer, 235 Gulf Beach Drive, appeared to represent his side of the story. Due to inconsistencies in the bid process, he was being eliminated from the project. After reading the agenda packet and hearing previous conversations Mr. Palmer became quite concerned. He stated that he never received any of the correspondence made by the county. In his opinion the agenda request summary omits specific facts. He reported that he tried to contact the engineer on the day of the bid and the office was not open. He attempted on several occasions to contact the engineer to request a formal extension and the engineer’s office was not open.

In response to a memorandum from Brian and Cherie Rowland, the homeowners involved, in which the Rowlands withdrew their "request for rebidding and [agreed to] abide by the May 8 memo awarding the bid to Gorilla Construction," Commissioner Yordon moved and was duly seconded by Commissioner Joanos to approve Option 2: "award the construction contract to Gorilla Builders based on the May 1 bid, following verification of bid by County staff." The motion carried unanimously. See attached correspondence:

 

14. BOOT CAMP REPORT

David Mack, PO Box 2102, appeared before the Board to oppose the funding of the Boot Camp. Mr. Mack is an advocate of the Juvenile Justice System, but firmly believes that the money should go towards funding prevention programs. He also feels that the public health issue in crime should be addressed. Mr. Mack believes the Boot Camp is a bad idea. The key to prevention is moral values and that all the Boot Camp is doing is subsidizing other county problems. Overall he feels that prevention is a better public policy.

Commissioner Thaell stated that he believes in expanding and enhancing something that is working. He agrees 100% that early prevention is the best solution, but there still needs to be something available for those adolescents who do fall away. He believes that there is definitely more than just warehousing going on.

Commissioner Host expressed his concerns of the low percentage of Leon County Juveniles. He also asked what the typical funding level is for the drill academy. The answer was $75 per day. Six of nine counties subsidize, some more than others.

Commissioner Yordon definitely feels that Leon County is moving in the right direction. The bill passed in legislation is a good start. It is much easier to amend a bill than to pass one in legislation. Government cannot legislate morality. Leon County has outspent prevention programs than it has put into the boot camp. If you visit the boot camp you understand the unique relationships between the deputies and the juveniles.

State Attorney Willie Meggs addressed the Board about two Grand Juries that he has attended. Both Grand Jury’s went and studied the Boot Camp and are sold on the idea; they have seen the results and know it is successful. It was his recommendation to continue funding, noting that Criminal Justice is not a profit making organization and actually appears to be a drain, but is a necessity.

Sheriff Larry Campbell addressed the Board and stated that there are plenty of adolescents in Leon County not making it to the Boot Camp, that no one is really sure whose fault it is, Sheriff, Judge, or Public Defender. He agrees with the improved working relationship between the agencies. The Sheriff explained that there is a difference between the state and county fiscal years, and the $121,000 is already spent.

Commissioner Host would like to know the difference between the state and local obligations towards funding the Boot Camp.

Commissioner Host reported on his attendance of Boot Camp graduation and spoke of the joy the juveniles experienced.

Commissioner Proctor has attended the Boot Camp and believes that they need a community oversight board. Sheriff Campbell responded that there is already a community oversight board. Commission Proctor stated that they had never reported to the Board and Sheriff Campbell’s response was that they report to him, but he would be more than happy to have them report to the Board as well.

Commissioner Yordon moved, duly seconded by Commissioner Thaell for the County to "remain committed to keeping the facility open and operating in good standing; to fund $121,000 from General Fund contingency for the current fiscal year; and to determine the amount of funding for next fiscal year during the upcoming budget process, taking into account the additional $10 per day per bed in State funding. Motion carried unanimously. The Board also requested an analysis of how vocational education might be incorporated into the curriculum.

Commissioner Joanos noted that Representative Turnbull sent her regrets that she was unable to attend tonight’s meeting, however she is vacationing in Europe and wanted the Board to know that she supports the Boot Camp and if there is any further need for legislation she is more than happy to assist.

 

15. CONSIDERATION OF A PROPOSED CHANGE TO THE NONCONFORMING USE PROVISIONS

The Board is being asked to provide direction to staff regarding a proposed ordinance to clarify intent regarding nonconforming agricultural uses of property. Staff has been responding to complaints regarding a nonconforming agricultural use, which is impacting neighboring residential uses in the Williams Road area. The agricultural use is in an area designated residential preservation, and is considered an allowable nonconforming use as long as the agricultural use is not expanded. The question of how to interpret an expansion of an agricultural use has prompted staff to develop a proposed ordinance, which would clarify the Board’s intent with regard to expansion of a nonconforming agricultural use.

Jack Conrad, Millstone Farms, speaks to the Board as a private citizen that owns a farm and as a member of the Board of Directors of a public charity that promotes agriculture and animal husbandry. The Leon County Farm Bureau tries to coordinate and promote agriculture in this county and to educate children about agriculture. The property that he farms at Millstone right now technically would come under this ordinance. This is a case of nuisance and there are other ways to address the problem, although he does not have any specific solutions for the County.

Virginia Herron, 6020 Williams Road, addressed the Board and informed them that she is unable to enjoy her property and that the area is no longer country and is rapidly growing. She appreciates the Boards consideration of the problem and does not want to cause a problem or make the situation worse, but does however want to be able to enjoy her home and yard without the odor or noise from their neighbor’s pigs.

Commissioner Yordon moved and Commissioner Maloy seconded to approve Option 1: "authorize the County Attorney's office to advertise the proposed ordinance for adoption at the earliest public hearing date possible, allowing time for the Planning Commission to conduct its consistency review." Motion carried 4-3, with Commissioners Proctor, Sauls and Joanos opposed.

16. SAFE PROGRAM STATUS REPORT

Commissioner Host questioned the status of Sunray Road North; staff will provide an informational report. Commissioner Proctor requested a full report on District 1 roads, which have been paved since inception of the SAFE program. County Administrator stated that staff would prepare a report on all roads, which have been done in District 1. Commissioner Sauls moved, duly seconded by Commissioner Maloy to approve staff recommendation, Option 1: "accept the attached schedule and status report. Motion carried 6-1, with Commissioner Proctor opposed.

 

17. APPOINTMENTS TO MINORITY BUSINESS ENTERPRISE COMMITTEE

Commissioner Sauls reappointed Sharon Dennard; Commissioner Maloy reappointed Ken Walton; Commissioner Thaell reappointed John Haugabrook.

Scheduled Public Hearings, 6 p.m.

  1. SECOND AND FINAL PUBLIC HEARING ON PLACEMENT OF R-5 ZONING IN LEON COUNTY

Pursuant to legal advertisement, a public hearing was conducted.

The following citizens appeared:

Debra Newhall, 1318 Ranken Avenue, appeared before the Board to express her concerns for the Board not to allow anymore zoning with the pre 1994 Hurricane Andrew standards.

Billy Close, 210 Dixie Drive # I-3, appeared before the Board to represent some of the landowners in the area of Map A and requested that zoning remain R-3.

Chuck Rennick, 2056 Padlock Place, appeared before the Board to request that his fourteen acres remain R-5 as originally recommended on Map K.

Bruce Wiener, 1300 Thomaswood Drive, appeared to represent his client who owns a piece of property that is identified as Tax ID Number 21-30-20-203. Planning commission reviewed the zoning situation and based on their review they have proposed an R-5 zoning for this area. He and his client agree with the planning commission’s recommendation.

JoAnn George, Rt. 4 Box 408, appeared before the Board to ask that they keep R-3 zoning for her property located on Map L, and presented the attached letter and signed petition for R-3 zoning. Planning commission stated that by making this area R-5 it would be minimizing the nonconforming homes for that area.

Commissioner Host recommended that the Commission retain R-3 on Map A, which was seconded by Commissioner Thaell. The motion passed 6-0 with Commissioner Proctor out of chambers.

Commissioner Joanos recommended that the Commission retain R-5 for the single parcel located on Union Church Road, page two of six on Map I, which was seconded by Commissioner Maloy. The motion passed 6-0 with Commissioner Proctor out of chambers.

Commissioner Thaell recommended that the Commission retain R-3 on Map L on all parcels, which was seconded by Commissioner Yordon. Commissioner Joanos stated that he could not support such a motion because of all of the non-conformities that it would be creating. Motion failed 2-4 with Commissioners Joanos, Maloy, Host and Sauls opposed. Commissioner Proctor was out of chambers.

After public testimony, Commissioner Host moved, seconded by Commissioner Maloy to "adopt the ordinance as amended [at this public hearing]," motion carried unanimously with Commissioner Proctor out of chambers. See attached Leon County Ordinance Number 98-06:

 

Discussion Items by Commissioners:

COMMISSIONER SAULS

Referred, to the County Administrator, a letter she had received concerning Woodmont Pond.

COMMISSIONER PROCTOR:

a. recommended that the Boot Camp Oversight Committee report on its activities to the Board. Chairman Joanos stated that a letter will be written to the Sheriff requesting that the committee make a presentation to the Board.

b. reported that he had noticed in the Saturday paper that the transportation bill had been sent to President Clinton for signing and expressed appreciation to Congressman Boyd for his assistance in getting the funding.

COMMISSIONER MALOY:

stated that as he approaches the presidency of the Florida Association of Counties, he is requesting any commissioner or staff person who wishes to be appointed to a standing committee to let him know. County Administrator will provide a list of committees to the Board.

COMMISSIONER YORDON:

a. reported that he received a call from a recently retired County employee who was surprised and concerned about the cost of medical insurance after retirement. Commissioner Yordon recommended to staff that employees receive information prior to their retirement in order to ensure that the County is doing all it can to help employees understand the cost of certain benefits for which they will be responsible once they retire.

b. reported that he has been invited, as a part of a delegation, to travel to Washington for a day next week and meet President Clinton.

COMMISSIONER HOST:

a. expressed appreciation for Congressman Boyd's assistance in obtaining Federal funding for Thomasville Road and Crawfordville Highway.

  1. expressed concern over the trend of violent youth behavior and recommended contact with the School Superintendent to possibly form a joint task force comprised of citizens to explore solutions. Board requested Commissioner Thaell, as liaison with the School Board, to look into this issue.

 

CHAIRMAN JOANOS:

Board approved resolution for the Leon High School Baseball Team.

There being no further business to come before the Board, the meeting was adjourned at 9:00 p.m.

APPROVED:__________________

Manny Joanos

Chairman

 

 

 

 

 

ATTEST:

 

 

 

 

 

 

 

___________________________________

Clerk of the Circuit Court