BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

REGULAR MEETING

April 13, 1999

The Board of County Commissioners of Leon County, Florida met in regular session with Commissioner Thaell presiding. Those in attendance were Commissioners Sauls, Maloy, Host, Proctor, Winchester, and Rackleff. Also in attendance were County Attorney Herb Thiele, County Administrator Parwez Alam, Deputy Clerk Bill Bogan, Jr., and Secretary Sandra C. O’Neal.

Invocation

Invocation was provided by Mr. John Rednour, Assistant Pastor, St. Port United Pentecostal Church, at the invitation of Commissioner Rackleff. Invocation was followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATIONS

The Chairman presented the attached Proclamation to Ms. Jonica Casper and Rob Epelito for their efforts toward providing affordable housing to low income citizens through (Virginia Mountain Housing (VMH)/Cypress Housing, a non-profit housing development corporation.

  1. INTRODUCTION OF NEW EMPLOYEES

The following new employees were introduced by Ms. Sue Baldwin, Humans Resources: Tommie Yates, Operations; Leonard Wilkes, Solid Waste Management; James Williams, Operations; Edward Gilmer, Operations; Lorraine Sanders, Cooperative Extension; Susan Fischer, Main Library; Richard S. Mills, Solid Waste Management; Mary Beedle, Main Library; Richard Struense, Management Information Services.

CONSENT AGENDA

Commissioner Sauls moved, duly seconded by Commissioner Host and carried unanimously, to approve the following Consent Agenda with the exception of Items 3, 13, and 14, which were addressed as described:

2. APPROVAL OF BILLS AND VOUCHERS

The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: $2,310,879.30

3. APPROVAL OF AGREEMENT FOR WADESBORO ROAD PAVING PROJECT

Wadesboro Road is a 1.543-mile County-maintained road scheduled for improvements under the County’s S.A.F.E. Program. This agenda item seeks authorization to accept and proceed with the exchange of real property as outlined in the Escrow Agreement and Deeds. This item was pulled by Commissioner Rackleff to voice concerns and allow a citizen to speak on the issue. The following citizens appeared:

Ms. Sherry VanDyke, 16624 Sun Ray Road, appeared and stated that she wanted to warn the taxpayers of the extensive cost for paving Wadesboro Road and that it would mostly benefit one large landowner. She made reference to nearby Old Magnolia and Rococo Roads where trees and environmental destruction occurred. She stated that the County is over-building roads and that it was not necessary. Ms. VanDyke voiced a complaint that dump trucks are using her unpaved road (Sunray Road) to haul dirt from the site every 15 minutes and suggested that the County use the paved roads to travel on.

Commissioner Rackleff echoed comments made by Ms. VanDyke, indicating concern over the cost and suggested that it would not benefit many people. The Chairman stated that he had some of the same concerns and would not support paving Wadesboro Road.

Mr. Mike Willett, Public Works Director, explained that staff has been working on this project for several years and that the majority of residents are supportive of the paving. He further explained that most of the S.A.F.E. roads are not built according to Green Book Standards and that County stormwater regulations dictate the amount of right-of-way needed for a road.

Commissioner Host moved and was duly seconded by Commissioner Maloy to approve option 1: Approve and accept the agreement for exchange of real property and abandonment of a portion of Old Wadesboro Road and all attached deeds and direct staff to proceed with the project.

Commissioner Rackleff indicated that steps should be made to protect the sinkhole, which is next to the subject road. Commissioner Rackleff asked for the name of the remaining roads scheduled for paving under the S.A.F.E. Plan, the reason for the paving and the associated costs. The Board will provide him with the information. He also stated that he has concerns which he was not aware of until two days ago and is seeking some answers. He indicated that one of his concerns includes design of the roadway.

Following some discussion, the motion on the floor carried 4 – 3 (Commissioners Thaell, Rackleff, and Winchester voted in opposition). Commissioner Winchester stated that his opposing vote is because he does not feel that a 60-foot right-of-way is absolutely necessary for this road.

Commissioner Winchester recommended that the Board conduct a workshop on the S.A.F.E. Road Program and the right of way criteria in terms of design in construction, and that this include all road paving projects, including the two-thirds project/construction of the road. The Board concurred. Commissioner Sauls stated that she does not object to conducting the workshop but does not intend to readdress the S.A.F.E. road projects since the Board has already committed to pave certain roads and residents are anticipating that this will be done.

  1. SCHEDULE WORKSHOP FOR ORANGE AVENUE EXTENSION PROJECT

The Board scheduled a workshop on April 20, 1999 from 1:00 to 2:00 p.m. with the City of Tallahassee Public Works Department for the purpose of updating the Board on the pending Orange Avenue Extension Project impacting the Monday Road community.

  1. LEASE RENEWAL FOR SEABOARD FREIGHT DEPOT PROPERTY
  2. The County owns and operates a 2.47-acre facility known as Seaboard Freight Depot property consisting of three buildings and approximately 21,400 gross square feet that is located at 918 Railroad Avenue. There are currently two tenants who operate businesses upon this property, one being a warehouse facility/office facility and the other a railroad passenger depot. Bid specifications were sent out and results were obtained and lease agreements have subsequently been executed. The Board approved Option 1: Waive the timeliness bid requirement for the passenger depot lease as a technical irregularity and approve the negotiated agreements with Walker Hardware and the National Railroad Passenger Corporation for the Seaboard Freight Depot property.

  3. RATIFICATION OF ACTIONS TAKEN AT MARCH 30, 1999 COURTHOUSE SPACE ISSUES WORKSHOP
  4. The Board ratified actions taken at the March 30, 1999 Courthouse Space Issues Workshop. At the March 30, 1999 workshop, the Board voted to do the following: Develop a plan that addresses space needs for the Constitutional Officers, the Judiciary and the Board over the next 20 years; Consider the possibility of addressing future space needs by building out the parking garage and providing off-site parking, and/or through the purchase of an additional building (the Mayo and Ausley buildings were discussed as potential sites); determine potential funding sources, including the possible use of Fine and Forfeiture funds.

  5. RATIFICATION OF BOARD ACTIONS AT THE MARCH 16, 1999 AND MARCH 30, 1999 FY 1999/2000 BUDGET POLICY WORKSHOPS
  6. The Board ratified actions taken at the Budget Policy Workshops for FY 1999/00 which were conducted on March 16 and March 30, 1999. See attached agenda request describing the Board’s actions:

     

  7. GRANT MATCH AND CONTRACT WITH THE CITY OF TALLAHASSEE OF JARC PROGRAM
  8. The 1998 Byrne Drug Control and System Improvement Grant was approved for submittal at the regular Board meeting of May 26, 1998 and included a request for funding for the JARC. As part of the approval it was agreed that the County would supply one-half of the required 25% match. This agenda item seeks Board approval of a contract with the City and DISC Village for management of this project, as well as approval of the match. The Board approved Option 1: Approve the contract and the attached budget amendment:

     

  9. NATIONAL COUNTIES WEEK
  10. From April 18-24, 1999, counties nationwide will celebrate National Counties Week. NACO has announced that this year’s theme is "Counties Celebrate the Arts." This agenda item presents proposed activities for Leon County’s participation in National Counties Week. See attached proposed activities:

     

  11. APPLY FOR NATIONAL DESIGNATION AS "MILLENNIUM COMMUNITY"
  12. Participation in the White House Millennium Council’s "Millennium Communities" program requires the completion of an application through the National Association of Counties." The Board approved Option 1: Approve County participation in the White House Millennium Council’s Millennium Communities" program, adopt the proposed resolution and authorize staff to submit the application for National Designation as a Millennium Community." See attached Resolution R99- :

     

  13. APPLICATION FOR BETTER GOVERNMENTA COMPETITION GRANT APPLICATION
  14. The Board authorized staff to apply for the Better Government Competition Grant.

  15. HOUSING ASSISTANCE PLAN UPDATE FOR SHIP PROGRAM 1999-2002
  16. Updating the Leon County Housing Assistance Plan is required by state law and regulation. The proposed revisions incorporates the amended state requirements, expands on new construction opportunities and allots the amount of SHIP funds required to match the new CDBG housing rehabilitation program. It seeks to leverage SHIP funds with other state or federal grant/loan funding sources or partnerships in order to maximize affordable housing opportunities in the county. The Board approved Option 1: Approve the HAP/HIP for transmittal to the Florida Housing Finance Corporation and authorize staff and the Chairman to execute required transmittal documents. See attached Resolution R99-09:

     

  17. TREE REMOVAL AND DRIVEWAY RELOCATION IN CANOPY ROAD PROTECTION ZONE
  18. A request was made to remove 16 trees within the Canopy Road Protection Zone on Moccasin Gap Road in order to relocate the existing driveway to this property. The property is a 500+/- acre parcel located on the south side of Moccasin Gap Road, about 1.5 miles east of Centerville Road, east of Bradley’s Store. The property is undeveloped and used primarily for agriculture, silviculture and hunting. The owners frequently need to bring tractors, trucks, mowers, etc. onto the property by means of this sole access.

    Commissioner Winchester requested information as to the location of this request and the impact of the tree removals. He also asked if it was consistent with the Canopy Tree protection policies. Staff provided explanation on the process for handling this type of request and advised that it was consistent with the policies. It was also noted that visibility was poor at the existing driveway.

    Commissioner Host moved, duly seconded by Commissioner Sauls and carried unanimously (Commissioners Maloy and Proctor were not present), to approve Option 1: Approve the driveway relocation, site preparation, and replanting. The Board noted a correction in the agenda request and staff advised that this would involve replanting 21 2-inch live oak trees.

  19. ACCEPTANCE OF CONSERVATION EASEMENT FOR WAYNE FRIER MOBILE HOME CENTER DEVELOPMENT
  20. A conservation easement is to be provided by Wayne Frier, Route 8, Box 1048, Live Oak, Florida 32360 to Leon County in compliance with conditions of Environmental Management Permit No. 90-049. This is a request to accept and record the easement. The project is a mobile home commercial display and sales lot. The site is a leased parcel of land approximately 11 acres in size located at 1055 Capital Circle NW.

    Commissioner Winchester pulled this item from the Consent Agenda and asked why the conservation easement did not run with the land. County Attorney Thiele explained that normally the easement does run with the land. In this case, there was permanent physical change made to the property and the County wants the easement permanently; when the tenancy expires, the land will go back to its original state.

    Commissioner Winchester moved, duly seconded by Commissioner Host and carried unanimously, to approve Option 1: Approve and accept for recording the conservation easements as tendered by the dedicators.

    The Board then entered discussion of Item 19.

    GENERAL BUSINESS

  21. CAREER SERVICE MERIT PAY

This agenda item involves merit payments for fiscal year 1998-99. The Merit Program rewards Career Service employees who attain prescribed performance criteria. This year’s proposed merit payments range from $35 to $600.

Commissioner Maloy moved and was duly seconded by Commissioner Winchester to approve Option 1: Approve the distribution of the lump sum merit awards as provided in Attachment #2: See attached. The Board indicated that the policy for pay distribution should be revised next year to allow for merit pay to only those employees that "exceeds expectations" and have "outstanding performance" and not for "meets expectation." Commissioner Host suggested that during budget workshops the Board discuss the merit pay amount.

 

16. SCHEDULE JOINT BCC/CITY COMMISSION MEETING, CYCLE 98-2 COMPREHENSIVE PLAN AMENDMENT – FINDING OF NON-COMPLIANCE/CITIZEN APPEAL

The Florida Department of Community Affairs (DCA) has found the County’s Cycle 98-2 comprehensive plan amendments to be in non-compliance with State statutory and administrative rule requirements because of the Board’s vote not to reduce the boundary of the Urban Service Area (USA). Subsequent to that finding, a citizen filed an appeal against the City’s decision to reduce the Urban Service Area, and included the County in their challenge. The net effect of these two actions is to prevent the Cycle 98-2 plan amendments of the City and County going into effect until the USA issue is resolved.

Vice-Chairman Sauls assumed the Chair and Commissioner Thaell moved and was duly seconded by Commissioner Winchester to adopt the City’s position on the reduction of Urban Services area. Commissioner Host explained that in the past, there have been attempts to reduce the urban services area, which was objected to by the residents. Commissioner Winchester stated, for the record, that if the County does not support the City’s position, then the issue would go to administrative hearing and probably result in a settlement agreement, and that he rather this matter be resolved in a different forum. Following some discussion, the motion failed 4 – 3 (Commissioners Host, Sauls, Maloy, and Proctor voted in opposition).

Commissioner Proctor moved, duly seconded by Commissioner Maloy and carried 4 – 3 (Commissioners Thaell, Rackleff, and Winchester voted in opposition), to adopt Option 2: Do not authorize staff to arrange a joint meeting with the Tallahassee City Commission, and proceed to Administrative Hearing.

Ms. Wendy Grey, Planning Department Director, explained that this is a confusing situation with each local government having a different position on the urban services area and suggested that the Board may wish to discuss alternative options.

Commissioner Host stated he would not object to Commissioner Winchester meeting with the City and develop a set of urban infill initiatives that are reasonable. County Attorney Thiele reported that he has a discussion scheduled next Monday with DCA staff to discuss the issue and determine if there is a "middle ground" that can be reached, and would advise the Board.

17. PROPOSED INTERLOCAL AGREEMENT FOR CENTERVILLE ROAD ELEMENTARY SCHOOL

The Board of County Commissioners and the City of Tallahassee are desirous of setting forth in an interlocal agreement in the areas of responsibilities and duties of each of the parties hereto as related to reviewing and permitting of development on the property for Centerville Road Elementary School described in an attachment (126.51 acres east of Centerville Road near Pimlico Drive and south of Roberts Road owned by Regional Developers, Inc., formerly known as Capital First Holdings, Inc.) On December 11, 1996, the City approved an ordinance annexing the property into the City limits. Neighboring landowners filed a challenge to the annexation in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, known as Robert and Carrie Kovach v. City of Tallahassee, Case No. 97-131. On May 27, 1998, the Court entered final summary judgment in the case in favor of the Kovach’s quashing the City’s approval of the ordinance annexing the property. The City appealed the final summary judgment, which is pending in the First District Court of Appeals. Regional developers and the School Board wish to proceed with development of the property but are unsure whether to seek permits from the City or the County. The proposed interlocal agreement (City/County) related to a review and development permits would provide assurances to the parties. County Attorney Thiele explained that the property is still in the City because the order is stayed when the City appealed.

Commissioner Host moved and was duly seconded by Commissioner Maloy to approve staff’s recommendation, Option 2: Enter into Interlocal Agreement #2 for Centerville Road Elementary School.

Mr. Marlon Brown, Planning Department, responded to the Board’s inquiries regarding the school siting process.

The motion on the floor carried 4 – 3 (Commissioners Thaell, Winchester, and Rackleff voted in opposition.)

  1. PROPOSED CHANGES TO COURTHOUSE SNACK BAR
  2. This item involves a proposal to convert the Courthouse Snack Bar to a fully automated vending machine operation. Currently the Board contracts with the Florida Council for the Blind to operate a food concession service in the Courthouse. The Division of Blind Services has requested to change the current concession service to a fully vended operation.

    Commissioner Sauls moved and was duly seconded by Commissioner Maloy to advertise a Request for Proposal for Courthouse food service. The Board indicated that they would like to see the local private sector and the Sheriff’s Department food service provider respond to the RFP.

    Ms. Kathy Murphy, 3712 Shoreline Drive, Division of Blind Services, explained that the totally automated food concept is a delivery system which appears to be the trend in the food delivery service for low to medium populated areas, and it can be provided consistently during anytime of the day.

    Commissioner Winchester asked about the amount of sales receipts received on a daily/weekly basis from the Courthouse and Ms. Murphy advised that she would provide that information.

    Mr. Tom Brantley, Facilities Management, explained that the current agreement renews annually on May 19th and there is a 90-day notification period, so the earliest the agreement could be replaced would be one year from now, unless an agreement can be reached with the current vendor. Chairman Thaell stated that he hopes that the current vendor, within a reasonable time frame, would vacate if another vendor were selected. Ms. Murphy explained that she would like to look at the timeframe involved and advised that the Council has historically worked with their customers for a smooth transition.

    The motion on the floor carried unanimously.

    The Board completed the agenda and entered discussion under the County Attorney.

  3. APPROVAL OF 800 MHz INTERLOCAL AGREEMENT

This agenda item involves the terms of the interlocal agreement and the necessary additional funding needed. Ms. Laurie Ringquist, Director of Administration, gave a brief presentation on the terms of the agreement. The City, the County and the Sheriff’s Department have developed a proposed interlocal agreement that would allow the County and the Sheriff’s Department access to the City’s 800 MHZ system and would make the County and the Sheriff a 25% owner in the system. The agreement proposes to be governed by a management oversight committee (MOC), four members from City and one member from the Sheriff’s Department. Ms. Ringquist explained that staff has expressed concern that there is no County representation on the management oversight committee and that ultimate funding of the system would be recommended by the committee. The system will allow for other users but they would be required to pay a channel capacity fee and operating fee, although in certain circumstances, waivers may be granted. Ms. Ringquist explained that County staff plans to propose that the language be amended to require the City and County Commission authorize the waivers. It was noted that the cost of the infrastructure and equipment needed to add the Sheriff to the system has exceeded the original estimate. Ms. Ringquist advised that some outstanding issues need to be addressed: the warranty language to protect the County and the Sheriff to ensure that the system performs at the level as it is supposed to perform and that there is some recourse to go to Motorola to enforce those provisions. She advised that she had received verbal agreement from the parties on this language and it now needs to be put on paper, and also the County should be involved in the acceptance testing process.

Another outstanding issue is the volunteer fire departments. Ms. Ringquist advised that contractually, under the Fire Services Agreement, staff feels that the City is obligated to allow the Volunteer Fire Departments (VFD) to have access to this system without paying the channel capacity fee and annual operating fee. The City’s position is that they have satisfied the fire agreement by providing one mobile and one portable for each VFD. The County proposed a compromise last week to waive the capacity fee and allow the County to pay just the maintenance fee; Ms. Ringquist advised that she had heard today that this was not acceptable to the City. Therefore, it is still an outstanding issue regarding the manner in which the VFD will get on the system, how much will be paid, and who will pay it. This agreement will get the Sheriff’s Department on the system with the needed channels, but when the County is ready to put other departments on such as Public Works, Animal Control, etc., the County will have to buy their radios and channel capacity needed to get on the system. Another outstanding issue involved obtaining the State’s approval for the Sheriff’s communication system but a letter was received today from the State showing that the issue has been resolved. Ms. Ringquist explained that the parties talked about having some formal method for a dispute resolution process and information was previously circulated to the Board. It was noted that the County appropriated approximately $.4.4 million in May to pay for the system and since that time staff has worked through the process and the County will need to buy more radios than they formerly anticipated. Also, dispatch equipment needs to be added and additional site work at the new tower will be necessary and the cost amounts to $482,000. It was noted that the County has accumulated enough funding from moving violations (surcharge account) to pay for the shortfall and it can be used to pay the County’s share of the maintenance cost and purchase some of the radios.

The Board indicated the importance of staying on top of the Volunteer Fire Department issue since they would need more than one radio and one mobile. Commissioner Winchester suggested a dispute resolution process. The Board indicated that they were not comfortable owning 25% of the system and yet not be a part of the management oversight committee nor be able to grant a waiver. They indicated that it appears that an agreement has not yet been reached.

Commissioner Host suggested that the Board convey their concerns to the City and make the Board’s approval contingent upon those concerns.

Mr. Roger Madden, 13009 Gopher Wood Trail, appeared and stated that he has worked 40 years in the communications business, specifically with wireless communications. He commended the Board and stated that the joint system will result in a more efficient way of operation.

Sheriff Larry Campbell appeared and stated that he has been working on this system for quite some time, he does not feel that the County should have to pay a fee, and he concurs with having County representation on the MOC. He also emphasized the importance of the Sheriff’s Department being on the system since it is a public safety issue. Sheriff Campbell stated that even though he does not agree with some of the issues at this time, it is the only offer at this time.

Commissioner Maloy moved and was duly seconded by Commissioner Host to approve Options 1, 4, and 6 contingent upon the resolution of property/adequate County representation on the management oversight committee, at least one staff person and that the City provide the VFD with adequate tools to do their job, and the warranty language. Chairman Thaell clarified the issue and stated that the City was waiving the capacity fee for the County rather then giving them the equipment. Mr. Alam stated that currently, the County purchases some of the radios and the City provides one mobile and one handheld unit for the VFD. Commissioner Maloy stated that the County can handle that since the County buys in bulk. Commissioner Winchester stated that he would support the motion with the understanding that the dispute resolution process is factored in, particularly as it relates to a County representative serving on the MOC.

Commissioner Rackleff asked if this means that there is no agreement if the issues are not resolved. Commissioner Maloy stated that this would need to come back to the Board but if the issues are resolved, there is no need to bring the matter back. Commissioner Rackleff asked the Sheriff if he was comfortable with this position. Sheriff Campbell stated that he could not obtain a better deal and that it may be necessary to go before the citizens.

Mr. Alam explained that the motion includes three conditions: representation on the management oversight committee, a conflict resolution process, and the warranty for the Volunteer Fire Departments. Chairman Thaell explained, for direction, that this issue needs to be resolved in 30 days and that it be brought back; if it cannot be resolved, another plan is necessary. The motion on the floor carried 6 – 1 (Commissioner Proctor voted in opposition). See options #1, #4, and #6 below:

    1. Approve the interlocal agreement as presented, contingent upon resolution of the above issues.

4) Approve budget amendment (Attachment #9) transferring $482,181 from the moving violation surcharge in Fund 330 to cover the shortfall needed to fund the Sheriff’s access to the system.

    1. Authorize use of the moving violation surcharge as a funding source for the maintenance fee for the remainder of FY 98/99 and for budgeting purposes in future years.

The Board then entered discussion regarding Item 15.

COUNTY ATTORNEY

  1. Circulated the attached memorandum on the Comp Plan amendment dealing with the Lafayette Park Neighborhood challenge on a parcel located on Beard and Gadsden Streets (Case No. 989-2194GM), noting that the case has abeen resolved and the parties have agreed to resolution of their differences by the entry of a Mediation Settlement. Commissioner Host moved, duly seconded by Commissioner Sauls and carried unanimously (Commissioner Rackleff was not present), to approve the attached settlement agreement:

 

COUNTY ADMINISTRATOR

Suggested a meeting schedule change and the Board concurred with the following: Orange Avenue Extension Project Workshop on April 20, 1999 will begin at 1:30 p.m. (rather than 1:00 p.m. as listed) and the Lake Water Quality Workshop with the Science Advisory Committee (SAC) on April 20, 1999 will begin at 2:15 p.m. rather than 2:00 p.m.

CITIZENS TO BE HEARD

Mr. Marvin Johnson, 2019 Silver Lake Road, addressed the Board by phone regarding his request for improvements to a drainage ditch. He stated that he has sent a letter to each Commissioner on this issue. Mr. Mike Willett, Public Works Director, appeared and explained that staff has offered to improve the ditch and drop the water off at the end of Mr. Johnson’s property, which is at the low spot of Mr. Johnson’s property and Mr. Johnson has agreed to replace his driveway pipe. Mr. Willett explained that Mr. Johnson wanted the water to be brought down further closer to the recreation area. Mr. Johnson also voiced complaints regarding some Public Works County employees. The Board directed staff to evaluate the situation and bring back recommendations within three weeks. Commissioner Winchester gave Mr. Johnson his phone number and advised him that he would visit the site.

COUNTY ADMINISTRATOR

Mr. Jamaine Dickens, Public Affairs Coordinator, gave a brief report and suggested that Commissioners contact local delegation to voice opposition to Florida Senate Bill 80 (Y2K Bill) which proposes to waive County immunity from liability for problems resulting from the Y2K computer bug.

DISCUSSION ITEMS BY COMMISSIONERS

Commissioner Host left at approximately 8:50 p.m.

COMMISSIONER WINCHESTER:

  1. Referred to the memorandum from the County Attorney on the status of the St. George and St. Mary’s Coptic Church and inquired about court action filed by the County Attorney to allow for issuance of a building permit for the church. Commissioner Winchester stated, for the record, that he does not support filing a motion at this time. County Attorney Thiele explained that he was instructed by the Board to resolve the Coptic Church permit issue favorably so they could have a permit issued; legal staff attempted to do that verbally and by letter and were unsuccessful. He received a letter from the plaintiffs, which had two pre-conditions to having a meeting; one was to conduct a meeting in secret session that did not include the property owner and the second one was to issue a formal apology by this Commission to the plaintiffs. Mr. Thiele stated that he responded to the letter, advising that he did not think that either conditions were appropriate or warranted and, therefore, filed a motion seeking modification of the Court’s Order to exempt this property. Mr. Thiele stated that if the Board desires, he could withdraw the motion today and not pursue it, although there are no other formal alternatives that could be pursued. He stated that a hearing date has not yet been set.

Chairman Thaell advised that he received a memorandum on this matter on Monday, and suggested that, as general practice, Commissioners should be briefed on such important matters via phone. He recommended that the County Attorney withdraw the motion and requested that the County Administrator meet with specific plaintiffs who represent that part of the neighborhood (Mr. Rose, Mr. Block, and whoever is involved, in the Lake Caroline area) and make another attempt to resolve this particular problem and bring it back to the Board. Commissioner Winchester suggested that the leaders of the Church be included in the discussions.

Commissioner Proctor made various inquiries regarding the status of the permit for the Coptic Church. Mr. Gary Johnson, Director of Community Services, explained that the Church has gone through site plan, have been issued an environmental permit approximately 9-12 months ago, and they are waiting to make application and pick up their building permit. Pursuant to the Board’s request, Mr. Thiele explained the circumstances involved where three other churches in the area did receive permits.

Following some discussion, it was the consensus of the Board to not schedule the hearing for a motion at this time, that it be held in abeyance, that the County Attorney write a letter to the plaintiffs advising that a hearing date would not be set and that the County would appreciate if they would still meet and County Administration would immediately be in touch with them to set up a meeting. The Board indicated that negotiations should occur within one or two weeks and if this does not prove successful, the Board would be advised. The issue would be brought back to the Board by April 27, 1999 or sooner if anything should occur.

  1. Reported that he located the permitting information on NACO and requested that the County Administrator pursue the matter.

COMMISSIONER PROCTOR:

  1. Referred to his add-on agenda item and requested that the Board support a potential FAMU-FSU Medical School and that information be brought back showing how the County can play a role in that process. Chairman Thaell stated that he would suggest at the April 19, 1999 MPO meeting that the County and the City schedule a joint meeting to develop legislative initiatives, including the potential medical school. Commissioner Proctor reported that he has a meeting with the Chancellor on Friday morning and that he would be doing some things towards that effort. The Board indicated support for this initiative and stated that common legislation is needed and the Health Department should be involved.

In a related issue, the Chairman advised that he learned, after talking with Mr. Duncun Moore, that Tallahassee Memorial Hospital is losing between $40 - $50 million per year in uncompensated charity care.

COMMISSIONER RACKLEFF:

  1. Appointed Dean Minardi to the Educational Facilities Authority.
  2. Reported that he attended the Transportation Disadvantaged Summit that was conducted at City Hall on April 8, 1999 and also visited TalTran. Commissioner Rackleff requested budget consideration for transportation services.

COMMISSIONER MALOY:

  1. Appointed Ray Reisner to the GEM Citizens User Group to replace David Metcalf.
  2. Announced that Vivian Zaricki, Executive Director for the Florida Association of Counties has resigned. Commissioner Maloy reported that Mary Kay Cariseo will be acting Director until a replacement is appointed. The Board directed that staff prepare a resolution to recognize Vivian Zaricki’s for her service.

COMMISSIONER SAULS:

Announced that Tallahassee Junior Museum will hold a fundraiser, a "Pioneer Breakfast," to be held on April 24,1999; Commissioner Sauls has tickets available.

CHAIRMAN THAELL:

  1. At the request of the Chairman, the Board directed staff to prepare for Board consideration a revision to the Ordinance for Canopy Road Cuts, Section 10-294 (2) stating "the need to remove trees because of insect and disease damage must be determined by a forester with a B.S. Degree or higher from a Society of Forester accredited college." Commissioner Winchester raised some questions relating to a management plan after removing weakened or diseased trees and emphasized the importance of having a good replanting plan. Public Works Director Mike Willett would provide information to him.
  2. Reported on the Mayor/Chair Meeting of April 8, 1999 and stated that County staff has met with the City Auditor to develop a joint proposal to utilize the Geddie Road site for the waste transfer station. The Chairman advised that he will meet with Mayor again on April 23 and a report will be made to the Board on April 27, 1999 on the results of the meeting. Chairman Thaell stated that at the May 11th meeting, five sites for the transfer station will be considered: Northwest Passage, Geddie Road, Aenon Road Church, the landfill, and Tharpe Street. Staff was previously directed to notify residents who would be affected in the surrounding areas.
  3. Commissioner Winchestser requested minimal staff help to assist him with an on-site open-house type meeting for the Aenon Church Road site to receive citizen input. He referred to a memo he received from Mr. Judd Curtis, Solid Waste, listing recommendations for notifying the public. Commissioner Winchester suggested certain criteria for siting the transfer stations and suggested that railroad transportation be considered. He indicated that the public should be made aware of all the issues and facts involved in selecting a site.

    The Board engaged in a lengthy discussion regarding their previous direction to the Board on the proposed sites. Commissioner Sauls recommended that the landfill should be included in the site selection process. Commissioner Rackleff stated that he cannot support the landfill and he hopes that an agreement can be reached with the City on the Geddie Road site. Commissioner Winchester stated that he would like to see a detailed site selection alternative analysis.

    After hearing the discussion, County Administrator Alam recommended delaying the decision until the first meeting in May and inform residents within a one mile radius of each of the five sites, which would involve approximately 5,000 households and to put the green signs up at the sites. Mr. Alam stated that there are five or six criteria that are used in selecting a site and would be included in the analysis: impact on property taxes, is the site on the property roll, what is the appraised value of the site, how much taxes are the current owner paying. Mr. Alam stated that he does not believe that the railway should be viable criteria and suggested not spending any time on that issue. He stated that staff will provide a mini-traffic impact study on each one of the sites and would address questions such as: what would be the peak hours and the impact of those peak hours, would the service level on Capital Circle N.W. and other roads near the five sites be reduced. This would be brought back to the Board so they could determine how much weight would be given to each of the criteria such as traffic versus cost versus tax roll, etc. Mr. Alam stated that this is really a brainstorming process and suggested that one-half day be scheduled to go through the process and that it be done prior to the first meeting in May.

    Commissioner Sauls stated that she would like to know if a past Commission, as a body, made any type of commitment as far as closing the landfill. Mr. Alam explained that this was not done as a body, although individual Commissioners may have made that commitment.

    It was the consensus of the Board to schedule a one-half day workshop (brainstorming) as suggested by the County Administrator as soon as possible to develop site selection criteria for the waste transfer station and to prepare an agenda item for Board consideration on May 11, 1999. Staff will poll Commissioners in the next couple of days to obtain a general consensus for scheduling the workshop. Commissioner Winchester suggested using the existing criteria for siting the transfer station but to add railway to the list.

    Commissioner Maloy stated that when sending out notices to residents living within one mile of the proposed site, staff would need to know the route that the hauling trucks will be using since citizens along that route will be impacted and should be noticed. The Board indicated that if the existing landfill were selected, the Chaires area would need to know what the proposed route would be. It was noted that notices would not be sent out until after the workshop.

  4. Chairman Thaell noted that the passage of Constitutional Amendment #1 was passed last November which provides for more generous assessment policies for owners of historic properties based on use. The formula also provides for up to 50 percent exemption on ad valorem taxes for those historical properties and if the County provides the full 50 percent exemption for all current historic properties in Leon County, the cost to the County would be only $38,000 per year. The Board directed staff to prepare an ordinance amendment for Board consideration.
  5. Chairman Thaell referred to a situation where an eagle’s nest was located in a tree that was situated in an area that was planned for development. During one night the nest disappeared and tire tracks were discovered right below the tree. Chairman Thaell stated that if the nest had remained, then the developer would have had to provide a buffer. He requested that the County Attorney research the possibility of a County Ordinance requiring conservation easements in situations where endangered species are found and the Board concurred.
  6. Reported that he has agreed to put together a County team for the American Cancer Society "Relay for Life" for May 7 and 8, 1999 at Leon High School. The Chairman invited staff to participate.
  7. Noted that the Tallahassee Urban League is having their annual dinner and meeting on May 7, 1999 and they have asked the County to support the event by buying a table for $1,000. The Board indicated that the Chairman had the authority to do this and the Board concurred.

There being no further business to come before the Board, the meeting adjourned at 11:14 p.m.

APPROVED:____________

Cliff Thaell

Chairman

 

 

 

 

 

 

ATTEST:

 

 

 

 

 

 

_______________________

Clerk of the Circuit Court