BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

June 15, 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 Reverend Rudy Overholtzer from Cornerstone Baptist Church at the invitation of Commissioner Rackleff, and was followed by the Pledge of Allegiance to the Flag.

AWARDS AND PRESENTATION

Mr. William Holder, Celebrate America, and Ms. Susie Bush-Transou, Tri-Eagle Sales, gave a brief presentation to the Board on behalf of "Celebrate America" and circulated T-shirts and towels to the Board. The Chairman presented the attached Resolution for "Celebrate America July 4th Celebration."

The Chairman announced that he had a resolution to present to Mainline Information Systems, Inc., to be recognized as a "Model Business" in Leon County, but since they were not present, it would be mailed to them. See attached:

The Board proclaimed the week of June 21-25, 1999 as Code Enforcement Officers' Appreciation Week in Leon County, Florida:

2. INTRODUCTION OF NEW EMPLOYEES

The following new employees were introduced to the Board by Ms. Sue Baldwin, Department of Human Services: Vincent Bradley, Lamen Manual, and Plummer Rains from Operations; Georgette Daniels and Renee Matis from Office of Management and Budget; Shinming Su from Environmental Services; Taranesia Graham, Sharlina Pye, and Kisha Sallye from Probation; Nancy FaFord from Growth Management; Leslie Harbin from Purchasing; David Simpson from EDPS Systems Operations; James Robeson from GIS Coordination.

The County Administrator apprised the Board that Reginald Ofuani has submitted his resignation and has obtained a job as Inspector General with the State Department of Professional Regulations. The Board commended Mr. Ofuani.

CONSENT AGENDA

Commissioner Maloy moved and was duly seconded by Commissioner Proctor and carried unanimously, to approve the following Consent Agenda with the exception of Item 10 which was addressed as described:

3. APPROVAL OF BILLS AND VOUCHERS

The Board approved the County bills and authorized the Chairman and the Clerk to issue the proper warrants: $ 4,407,551.78

  1. REVISIONS TO PARKING POLICY AND PROCEDURES
  2. The Parking Committee has developed revisions to the Parking Policy and Procedures, pursuant to an audit by the Clerk of Courts. The Board approved Option 1: Approve the revisions to the attached Parking Policy and Procedures:

     

  3. CONTRACT RENEWAL WITH GULF ATLANTIC CULVERT COMPANY
  4. The Board renewed the contract for continuing supply of culvert pipe with Gulf Atlantic Culvert Company, Inc., for the requested one-year term with no change in prices.

  5. CONSIDERATION OF BID AWARD FOR PURCHASING WAREHOUSE
  6. This agenda items explains that the bids have been received for renovations to the Purchasing Warehouse - Phase II, however, insufficient funds currently exist with which to make the bid award. The Board approved staff recommendation Option 1: Withdraw the current bid (i.e., do not award it), and direct staff to wait for a period of not less than three months and advertise and bid the project again at that time. (It was noted in the agenda regarding the fiscal impacts: There is not any real certainty that pulling the bid back and waiting three months will reduce the bid price, and could actually serve to inflate it.)

  7. CONSIDERATION OF BID AWARD FOR DR. B. L. PERRY, JR. BRANCH LIBRARY
  8. The agenda item explains that bids have been received for construction of the Dr. B. L. Perry, Jr., Branch Library, however, insufficient funds currently exist with which to make the bid award. The Board approved staff's recommendation Option 1: Withdraw the current bid (i.e., do not award it), and direct staff to wait for a period of not less than three months and advertise and bid the project again at this time. (The agenda explains the fiscal impact: There is not any real certainty that pulling the bid back and waiting three months will reduce the bid price, and could actually serve to inflate it.)

  9. AGREEMENT AMENDMENT FOR THE DR. B. L. PERRY, JR. BRANCH LIBRARY
  10. This item involves approval of an amendment to a current agreement between the State of Florida and Leon County as it pertains to funding for the construction of the Dr. B. L. Perry, Jr., Branch Library. The Library requested a nine-month extension to the construction language contained in the original agreement. The Board approved Option 1: Approve revised language and authorize necessary signatures for the amendment to the agreement stated in Attachment 1, which increases the time between execution of the agreement and award of the contract from 270 days to 540 days.

  11. ACCEPTANCE OF SECTION 5311 TRANSPORTATION GRANT
  12. This agenda item involves a grant subsidizing transportation services in the non-urban areas of Leon County and an agreement between the County and the Community Transportation Coordinator is needed. The Board approved Option 1: Authorize the Chairman to sign the Joint Participation Agreement, attached Resolution R99-14, agreement with the Community Transportation Coordinator, and the attached budget amendment:

     

  13. RATIFICATION OF WORKSHOP FOR SPECIAL DEVELOPMENT ZONE STANDARDS AND REQUEST FOR PUBLIC HEARING
  14. The item involves ratification of the workshop for Special Development Zones that was conducted on May 18, 1999. The workshop proposed changes to Special Development Zone (SDZ) language to enhance the protection offered by the existing SDZ's while providing additional flexibility to property owners seeking to provide such protection while developing.

    Commissioner Winchester pulled this item to advise that he received calls from citizens who were concerned that the Board was considering changes that would weaken special development zone protection.

    Mr. Kevin Pope, Growth and Environmental Management, responded that appropriate standards would remain in place for special development zone protection.

    Commissioner Winchester moved, duly seconded by Commissioner Sauls and carried unanimously (Commissioner Maloy was not present), to approve staff's recommendations as follows:

    Option: Ratify direction of the Board to have staff initiate an amendment (in Cycle 2000-1) to Sections 2.2.12 and 2.2.13 of the Comprehensive Plan, to remove specific numerical standards for Special Development Zones and replace them with language which defines the purpose of restrictions and provides guidance for any future EMA changes.

    Option 2: After the Comprehensive plan change is sent to the Department of Community Affairs, direct staff to schedule a public hearing to consider adoption of an ordinance which revises the numerical standards for Special Development Zone density restrictions recommended in Attachment A (Section 10-192). The ordinance revisions would be effective upon a successful amendment of the Comprehensive Plan allowing such changes.

    Option 3: Direct staff to schedule a public hearing on the earliest date possible that accommodates consistency review by the Planning Commission, to consider adoption of additional language which would be added to Section 10-191(e), the 50 foot buffer around all water bodies in the Special Development Zone basins, as partial implementation of Comprehensive Plan Policy 2.2.13.

    Option 4: Ratify that proposed revisions to Section 10-191(e), the 50 foot buffer around all water bodies in the Special Development Zone basins, as partial implementation of Comprehensive Plan Policy 2.2.13.

  15. WARRANTY DEED FOR PROPERTY IN CONNECTION WITH ORANGE AVENUE ROADWAY
  16. The first parcel of property has been acquired in connection with the Orange Avenue Project and the warranty deed from Charles Oxendine in favor of Leon County is being presented for Board acceptance. The Board approved Option 1: Accept the warranty deed in favor of Leon County.

  17. APPROVAL OF BUDGET AMENDMENT FOR COPS MORE GRANT
  18. The County Administrator's signature and a budget amendment for transferring the required match to the Sheriff's Office for the COPS MORE Grant is required. The Board approved Option 1: Authorize the County Administrator to sign the acceptance of the grant and approve the attached budget amendment to transfer required match to the Sheriff's office:

     

  19. ACCEPTANCE OF GRANT FROM THE DEPARTMENT OF CHILDREN AND FAMILIES TO FUND DEPENDENCY MEDIATION PROGRAM
  20. This agenda item involves a grant in the amount of $20,000 from the Department of Children and Families to continue mediation services for dependency cases in the Leon County Juvenile Division. The Board approved Option 1: Approve the contract and the attached budget amendment:

     

    GENERAL BUSINESS

  21. LAKE MUNSON RESTORATION PROJECT CONSTRUCTION BID AWARD
  22. The Chairman advised that this item was pulled due to a bid protest.

  23. INDOOR AIR QUALITY RELATED REMEDIATION AND MAINTENANCE PROJECT
  24. This agenda item is for consideration of funding for indoor air quality related remediation and building maintenance projects.

    Commissioner Host suggested that the contract maintenance may not be up to the standards that the County needs to have and suggested that a long-term maintenance plan be developed so the air conditioning, carpets, etc., would be cleaned routinely and to avoid the need for major cleanup expenses. Commissioner Sauls indicated concern that the contingency was so low. The County Administrator suggested that the contingency may need to be increased in the next budget cycle.

    Mr. Tom Brantley, Facilities Management, responded to the Board's questions and explained the remediation plan which was based on actual tests that was performed by the consultant.

    Commissioner Host moved and was duly seconded by Commissioner Rackleff to approve the following staff direction: Option 1) Authorize staff to complete part two of the HVAC remediation project on the 3rd and 4th floors of the Leon County Courthouse. Authorize the payment of said services from the contingency fund not to exceed $136,000; Option 2: Vacuum, steam clean, and sanitize all carpets, fabric partitions and chairs, on the 2nd and 3rd floors of Leon County Courthouse, and implement the detailed cleaning of all surfaces in which dust may tend to settle. Authorize the payment of said services from the contingency fund not to exceed $44,000; Option 3: Require staff to identify costs of completing remediation project during the 99/2000 FY budget process. The motion on the floor carried unanimously. The Chairman directed that staff look into the use of houseplants for natural air purification.

    See attached budget amendment:

    16. REQUEST TO SCHEDULE PUBLIC HEARING ON ORDINANCE REGULATING TOWING IN LEON COUNTY

    This agenda item is requesting the Board to schedule a public hearing on June 29, 1999 to consider adopting the ordinance regulating towing services in Leon County. (The Board previously established a committee and directed staff to work with the Committee.)

    Ms. Wanda Hunter, Special Projects Coordinator, explained that the task force reached a consensus on the recommended fees except for Class I towing. Some task force members believe the base fees of $55 (day time) and $75 (night time) are too low and recommend that the base fee be inceased $10. Commissioner Host stated that he was not comfortable with setting fees in the corporate limits of the City and that the City should establish those rates particularly when it involves the roaming towing fees in the City.

    Commissioner Maloy reported of a situation where an elderly man was towed and did not have money to pay for the towing. He stated that he hopes the industry is sensitive to these types of situations.

    Commissioner Maloy moved, duly seconded by Commissioner Host to direct staff to obtain feedback from the City of Tallahassee regarding the issue of setting rates for trespass towing within City limits and bring back an agenda item for Board consideration on July 13, 1999, prior to advertising a public hearing. The motion carried unanimously.

    17. CONSIDERATION OF ADDITIONAL HOMESTEAD TAX EXEMPTION

    The Board is being asked to provide direction to staff regarding a proposed ordinance to authorize an additional homestead exemption for elder, low income property owners. County Attorney Thiele explained that during the general election last November, the voters approved revisions to the Florida Constitution. Amendment 3 involves Homestead Tax Exemption which authorizes an additional $25,000 homestead exemption, on a local option basis, for elder, low income property owners to reduce county and municipal ad valorem taxes. Since the Legislature adopted the necessary implementing legislation, counties and municipalities may adopt ordinances implementing the exemption.

    Commissioner Host suggested that an analysis of the issue be provided to the Board prior to making a decision and referred to an e-mail from Mr. Rick Fazone, Planning Department, suggesting that the Board proceed cautiously. The Board suggested that the followings issues be addressed: household income vs. value of household; impact to non-seniors who will pick up the cost for seniors to receive relief; cost of implementation and enforcement; methods for identifying elderly, low-income property owners. Chairman Thaell stated that the revision will not take effect until the year 2001 and there is time to have these issues worked out.

    Mr. Ned Bliss, 2416 Clare Kee Blvd., appeared as a spokesperson for the elderly, explained that some elderly persons have trouble financially and that adoption of the proposed ordinance would improve their lives considerably.

    Commissioner Winchester moved, duly seconded by Commissioner Sauls to direct staff to propose a specific amount for the exemption (not to exceed $25,000), conduct a financial analysis and bring back a proposed ordinance to the Board for consideration in October. The motion carried unanimously. Commissioner Host suggested that the financial impact portray levels of exemption (i.e., $5,000, $10,000 up to $25,000).

    The Board then entered into public hearings, Item 19.

    18. ACCEPTANCE OF STATUS REPORT ON BRADFORDVILLE STUDY AREA

    Pursuant to the Board's request, this agenda item is to provide the Board with background information and the status of various matters pertaining to the Bradfordville Study Area and the litigation involving properties and persons located in that area. (The agenda request explains that certain homeowners' associations in Bradfordville sued the County in over half a dozen suits, all alleging that certain actions or inactions of the Board were inconsistent with the Bradfordville element of the Comprehensive Plan. Among the legal efforts were two separate efforts to halt the widening of Thomasville Road, a challenge of the development agreement with the Lauder family, several rezonings, permits and variances.)

    County Attorney Thiele reported that on July 9, 1999 a hearing is scheduled on the Coptic Church permit issue and the legal staff will make an argument on behalf of the Board. He stated that legal staff is attempting to get the Neighborhood Justice Center involved in an effort to resolve prior to the hearing, although that has not been fruitful.

    Commissioner Host moved, duly seconded by Commissioner Sauls, to accept the attached status report. The motion carried unanimously (Commissioners Maloy, Winchester, and Proctor were not present).

    The Board then entered Discussion Items.

    SCHEDULE PUBLIC HEARINGS:

  25. PUBLIC HEARING ON WILDWOOD SUBDIVISION 2/3 - 2/3 PROJECT

Pursuant to the following legal advertisement, a public hearing was conducted:

County Administrator Alam explained that this project consists of paving the road, constructing roadside ditches, drainage structures, stormwater management facility, and stabilization of the shoulders. He stated that it has become apparent to staff that all the property owners are not willing to provide the right of way which may involve the condemnation process which will increase the cost of the project significantly.

The following citizens appeared:

Ms. Ellie Whitney, 4730 Knollwood Drive, explained that she lived in Wildwood Subdivision for 16 years, until last month. She stated that she believes that County staff has the wrong impression the status of this project. She stated that there is a majority in favor of the paving and believes that there will be donation of the right of way at the appropriate time. She referred to lots marked "2" on a map and stated that those lots are unsuitable for building and residents have agreed that the owner should not have to pay for shares of the paving costs and the other property owners will ban together to pay those shares. There are owners of four lots along Capital Circle who do not wish to pay for the paving and Ms. Whitney stated that the other residents in the petition have agreed to pay half of each of their shares for them. She urged the Board to move forward on this issue.

Mr. Charles Maudlin, 4730 Knollwood Drive, explained that he has recently moved in the area and the realtor advised that the Commission had already approved the paving and that he would be assessed accordingly. He read a letter, from his wife, into the record and urged the Board to move forward with the paving.

Mr. Robert Crow, 4812 Deerrunn Drive, gave a thorough overview of the issue and circulated material to the Board. He pointed out that the road is in a deplorable condition and the Post Office had indicated that unless the road is maintained they would not deliver mail at those sites. Mr. Crow advised that he would deed the necessary easements to the County without charge when necessary and requested that the Board take action to pave the road.

Ms. Polly S. Williams, 4719 Knollwood Drive, appeared and spoke of the severe conditions of the road and requested that the Board take necessary steps to have it paved.

Mr. Rick Benton, 4815 Deerrunn Drive, explained that he is a proponent to the road paving.

Ms. Phyllis Rother, 4765 Knollwood Drive, explained that she is president of the Wildwood Neighborhood Association, showed a brief video to the Board depicting the condition of the road. She asked citizens in the audience who are in favor of the paving to stand up. Approximately 30 citizen stood to show their support.

Ms. Jo Ann Montford, 4711 Knollwood, expressed support for the paving project.

Mr. Rick Bray, 1115 Domingo Drive, voiced concern regarding a letter from Mr. Jim Pilcher, Public Works and suggested that such letters be more specific as to the requirements of the law. He requested that staff move forward with the paving.

Mr. Alex Sutor, 4722 Knollwood Drive, requested that the Board approve the project.

Mr. Bill Miller, 4712 Knollwood Drive, requested that the Board approved the project.

Ms. Sandy Montford, Knollwood Drive, explained that she was speaking in behalf of Ms. Cleo Miller who was in the hospital, and urged the Board to proceed with the project.

Mr. Kenneth Rollo, 4801 Deerrunn Drive, stated that the developer, Mr. Davis Smith, advised that he would maintain the road as long as he owned property in the area, but did not do so. He stated that he was not opposed to the road being paved, but he was concerned with the cost of the original estimate and the ending cost which was greatly increased. Mr. Rollo stated that he was not financially able to pay for the paving. Chairman explained that the eminent domain process drives up the cost of the project.

Ms. Bonnie Deering, 4802 Deerrun Drive, explained that she was not opposed to the paving but had concerns that have not been addressed. She voiced concern with the cost of the project, which would involve drainage projects. Ms. Deering voiced concern that a ditch for handling water runoff would be constructed in front of her yard; of adverse environmental impact of road paving; potential impact of drinking water; increased speeding on the road.

Mr. Jim Stevenson, 4797 Lakely Drive, stated that 36 property owners support the paving of the project and 80 percent of the owners have signed the petition which is above the two thirds required by the ordinance. He urged the Board to proceed with the paving project.

Mr. Mike Nissley, 4703 Capital Circle, explained that he does not have any problem with the project or donating his right-of-way, however, his driveway is paved up to Capital Circle so he has no need for the road paving project. He stated that he would not be using the road that is planned to be paved yet he would have to help pay for the paving.

Regarding the assessment issue, County Attorney Thiele explained that when owners pay more than their lot's share because other property owners' shares are going to be absorbed raises an equitable question and he has concerns on whether it meets the rationale nexus.

Commissioner Winchester moved and was duly seconded by Commissioner Rackleff to adopt Option 2: Adopt the resolution authorizing special improvements and proceed with survey and design work including costs estimates; right-of-way design modifications should be flexible to accommodate some of the area where there is trouble with right of way donations, specifically using the existing road bed and being flexible (60 foot ROW may not be necessary in this type of a local roadway design process).

Commissioner Host suggested that the County Attorney go to court and attempt to enforce covenants that the former grantor (previous landowner) made to donate right-of-way and attempt to obtain standing to enforce. Commissioner Winchester suggested that staff talk with Gadsden County regarding their method for dealing with the stormwater requirements DEP requires.

Following additional discussion, the Board advised that the motion on the floor is approval of Option 1 and 2 as follows: Option 1): Conduct the first public hearing on June 15, 1999 to hear all interested parties; Option 2: Adopt the resolution (R99-17) revised pursuant to the County Attorney (page 2, line 3 revised to read: improvements are performed and the costs thereof determined, that liens be equitably assessed). The motion carried unanimously. Commissioner Winchester emphasized that the right-of-way design should be flexible in order to aid the acquisition of easements. County Administrator explained that the County would go to the next step which involves incurring design costs and engineering costs. The Chairman advised that the assessments would come back and there would be two additional hearings.

See attached Resolution R99-17:

20. PUBLIC HEARING - PROPOSED ORDINANCE REVISION ON PEDDLERS PERMITS

Pursuant to the attached legal advertisement, a public hearing was conducted on a proposal to transfer responsibility of issuing Peddlers Permits from the County Administrator to the Sheriff's Office:

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

Commissioner Proctor moved, duly seconded by Commissioner Host and carried unanimously (Commissioners Maloy and Winchester were not present), to approve the revision to the Peddlers Permit Ordinance, adopting the attached Leon County Ordinance Number 99-18:

The Board then resumed General Business, Item 18.

DISCUSSION ITEMS

COUNTY ADMINISTRATOR:

  1. It was the consensus of the Board to approve a workshop schedule change on June 29, 1999. The Environmental Mitigation Alternatives Workshop will be held from 1:30 - 2:30 p.m. and the Lake Lafayette Special Development Zone Workshop will be held from 2:30 - 4:00 p.m.
  2. Requested Board approval of the Transfer Station packet, which involves responses to questions that citizens have been asking regarding the Gum Road site. Commissioner Winchester requested that a section be added to address citizen concerns about notification of residents about the proposed site. It was the consensus of the Board to approve the packet with the above modification. The County Administrator requested that if the Board has any other changes and suggestions, to advise him so that the changes could be made and mailed upon request. See attached packet:
  3. c. Announced the Mr. Kevin Pope, GEM, has a new daughter as of yesterday.

    COMMISSIONER SAULS:

    Reported that she has received calls from citizens interested in serving on the citizen appointed committee for the Gum Road Transfer project and inquired about the criteria. The County Administrator responded that the committee should have at least one individual with an environmental background and one individual with a construction engineering background. The Chairman suggested that someone who represents the neighborhood should also serve and indicated that names of interested persons should be forwarded to the County Administrator.

    COMMISSIONER MALOY:

    a. Requested a report on the total cost for the Gum Road Waste Transfer Station including conditions specified by the Board on June 8, 1999. The County Administrator responded that an agenda item would be brought back to the Board on June 29, 1999.

  4. Credited the County Administrator's briefing of Commissioners for lessening the number of Consent items pulled for discussion.

COMMISSIONER WINCHESTER:

  1. Referred to the additional agenda material he circulated regarding the Midway Waste Transfer Station Site and letter from the City of Midway and Department of Community Affairs. Commissioner Winchester read the attached from Department of Community Affairs regarding a transfer station in Midway. Commissioner Proctor stated, for the record, that he would not support Midway (as a site for the transfer station) if Gadsden County Board of County Commissioners does not send him a letter first. Without objection, the Board recognized Commissioner Winchester's intent to meet with officials from the City of Midway and Gadsden County regarding a potential waste transfer station site and report back to the Board on June 29, 1999. The Board directed staff to send a letter to the Gadsden County Board of Commissioners prior to Commissioner Winchester's meeting with officials, asking them for their official position with respect to locating a transfer station in Leon County.
  2. Provided update on permitting for Lake Jackson Drawdown. The aquatic plant permit from Meginnis Arm will soon be ready; the Phase I priority is being considered; a natural de-watering and plan restoration of Lake Jackson public information type document is being formulated. Commissioner Winchester reported that some of Phase I was expected to occur in August or September.

COMMISSIONER PROCTOR:

Suggested the Southside former Winn-Dixie as a potential site for the Court Complex/courthouse annex. Chairman Thaell added that there is a site available at College and Monroe Streets. The County Administrator suggested an RFP process for site selection, and the Board concurred.

COMMISSIONER HOST:

  1. Reappointed Russ Ellison to the Workforce Development Board.
  2. Requested adoption of a resolution for Partners for Highway Safety. The Board concurred.
  3. Advised that in the future, the number of additional agenda materials distributed under the yellow cover should be limited.

CHAIRMAN THAELL:

Reminded the Commission that the June 21, 1999 workshop with the City on joint legislative priorities had been canceled. This issue would be discussed at the next Mayor/Chair meeting. Commissioner Host suggested that the City and County staff work together to limit the scope of legislative issues to provide an opportunity for future joint Commission discussion.

There being no further business to come before the Board, the meeting was adjourned at 8:35 p.m.

APPROVED:_______________

Cliff Thaell

Chairman

 

 

 

 

 

ATTEST:

 

 

 

_________________________

Clerk of the Circuit Court