Board of County Commissioners
Tuesday, January 24, 2006 Meeting - Follow-Up Memo

Invocation and Pledge of Allegiance

Awards and Presentations

• Provided the Board with information regarding the Renaissance Transit Plans for Star Metro. He reviewed the following aspects of the Plan: opportunities, amenities, communications, technology, and service
• Commissioner Grippa inquired about plans to establish a bus route to and from the airport and asked Mr. Garrison to provide the names of cities that do not offer bus service to their airport(s).
• Commissioner Thaell asked if Star Metro would be working with Wakulla County on providing transit service along Crawfordville Highway.
• Mr. Garrison stated the initiating a mass transit system would need to wait until StarMetro received its Certification as a Transit Management System. He will provide the Commissioners with additional information regarding the transit plans for Star Metro.

Mr. Richard Barr, Project Manager with Kimley-Horn, presented the Award of Merit from the Florida Chapter of the American Society of Landscape Architects to the Board, recognizing County staff and the Citizens Advisory Committee efforts regarding the Leon County’s Tharpe Street Corridor Study.

Commissioner Sauls presented a Resolution to Sharon Johnson, Facilities Operations Manager, recognizing and commending her exceptional achievements for her outstanding service to the citizens of Leon County and 38 Years of Dedicated Service to Leon County.

Commissioner Grippa presented a Resolution to Robbie Mills, Jr., commending his efforts on an Eagle Scout Project, performed at the County’s Solid Waste Division.

The Board approved Option #1: Approve the minutes of the April 21, 2005 Joint City County Meeting on the Adoption of Cycle 2005-1 Amendments to the Comprehensive Plan.

The Board approved Option #1: Approve payment of bills and vouchers submitted for approval for January 24, 2006, and pre-approve payment of bills and vouchers for the January 25 through February 13, 2006.

The Board approved Option #1: Approve funding to support the MLK Foundation Awards in the amount of $2,000, and approve the associated budget amendment request.

The Board approved Option #1: Approve the Resolution and associated Budget Amendment Request in the amount of $669,350 in order to reimburse Blueprint 2000 for the purchase of the Copeland Sink property.

The Board approved Option #1: Approve the Resolution, with attachments, modifying the current interest rate on the $1,981,875 Leon County, Florida Health Facility Revenue Bond, Series 1995A (Southeastern Community Blood Center Project) from 6.10% to 5.0%, and issue a substitute bond to reflect the modified rate.

ITEM #6 WAS PULLED FOR DISCUSSION

The Board approved Option #1: Approve scheduling a Board workshop on Emergency Medical Services on Tuesday, February 28, 2006 from 1:30 – 3:00 p.m.

The Board approved Option #1: Schedule a workshop regarding economic development issues for March 14, 2006 at 12:00 to 3:00 p.m.

The Board approved Option #1: Schedule a joint County/City meeting regarding the Regional Evaluation and Appraisal Report for February 20, 2006 at 1:30 p.m. in the City Commission Chambers.

The Board approved Option #1: Schedule two public hearings regarding a proposed Ordinance amending Chapter 10, of the Code of Laws of Leon County, Florida, to revise the purposes and intensities associated with the Lake Protection Zoning District for February 28, 2006 and March 14, 2006 at 6:00 p.m.

The Board approved Option #1: Schedule a Board workshop regarding Conservation Subdivision and Cluster Development Density on Tuesday, February 28, 2006 from 12:00 to 1:30 p.m.

The Board approved Option #1: Ratify Board action taken at the December 13, 2005 Workshop on Transfers of Development Rights.

The Board approved Option #1: Accept the Project Status Report.

The Board approved Option #1: Authorize the Solid Waste Management Division Director to execute a “Work Site Contract” with the Florida Department of Juvenile Justice for the purpose of utilizing community service workers.

The Board approved Option #1: Schedule a Board workshop to discuss residential waste collection issues for Tuesday, April 25, 2006 from 12:00 – 1:30 pm.

The Board approved Option #1: Schedule a Board Workshop regarding the County’s Code Enforcement Program for Tuesday, April 25, 2006 from 1:30 to 2:30 pm.

The Board approved Option #1: Approve proposed amendments to the Joint Use Agreement between Leon County and Leon County School Board, and authorize Chairman to execute the Amended Agreement.

ITEM #18 WAS PULLED FOR DISCUSSION

ITEM #19 WAS PULLED FOR DISCUSSION

The Board approved Option #1: Approve the Old St. Augustine Road and Tram Road temporary closures and detour schemes.

Commissioner Grippa moved, seconded by Commissioner Winchester, to approve Option #1: Approve the Licensing Agreement with Halogen Software, Inc., as the sole source vendor for the purchase of the on-line Employee Performance Appraisal system and authorize the Chairman to execute. The motion passed 7-0.

Commissioner Proctor inquired about the performance of the County’s present Bond Counsel, Bryant, Miller & Olive (BMO) of staff.

• Alan Rosenzweig, OMB Director, responded that BMO is responsive and their work product has been excellent. Mr. Rosenzweig stated that OMB has not had any problems working with BMO.
• Herb Thiele, County Attorney, responded that the County Attorney’s office does not have any problems with BMO, one of the top firms in the state. He stated that other governments would do a Request for Proposals (RFP) of Bond Counsel from time to time. He recommends that the County have only one Bond Counsel.
• Bill Bogan, Clerk of the Court Finance Director, stated that the BMO is excellent and the Finance Office has received excellent service. In addition, Bond Counsel should have knowledge of the history of previous County bond issues and usually governments do not change bond counsel unless there is an underlying problem.

Commissioner Grippa stated that he requested this agenda item for an RFP and it does not have anything to do with the service of BMO, but rather “decent government protocol” and under old guidelines, there is no oversight regarding M/WBE participation statement. He believes that the County should look at issuing the RFP because BMO has been the County’s Bond Counsel for 12 years.

Commissioner Grippa moved, seconded by Commissioner DePuy, to approve Option #1: Approve of the Request for Proposals as submitted and authorize submission in accordance with the selection procedure outlined herein, which will include the local preference and the M/WBE requirement.

After Board discussion, Commissioner Rackleff offered a substitute motion, seconded by Commissioner Winchester, to approve Option #3: Reject the Request for Proposals and provide appropriate direction to the Financial Advisory Committee and the County Attorney’s Office.

Commissioner Grippa asked the County Attorney if he hired the Bond Counsel or hired through an RFP. Mr. Thiele responded that it was an RFP.

• Commissioner Grippa also asked if the County had a contract with the Bond Counsel that included hourly rate and how often they used their minority attorney. Mr. Thiele responded that there is no formal contract but the hourly rates have been negotiated.

Commissioner Winchester asked the County Administrator if there was a way to make amendments and/or adjustments to address the concerns raised by Commissioner Grippa.

• The County Administrator responded that if the Board gave direction to staff to negotiate a contract with BMO that would include the M/WBE requirement and any other requirements the Commissioners want and staff could negotiate a contract and bring back to the Board.
• Commissioner Winchester offered a friendly amendment to the substitute motion, accepted by Commissioner Rackleff, to include direction to staff to negotiate a contract with Bryant, Miller & Olive that included the M/WBE requirement and any other requirements the Commissioners want.

There was further Board discussion.

• Commissioner Thaell asked the County Attorney who would likely serve on an RFP Review Committee. Mr. Thiele responded that traditionally it would be the Finance Advisory Committee (Bob Inzer, Clerk of the Circuit Court; Bill Bogan, Finance Director; Vince Long, Assistant County Administrator; Alan Rosenzweig, Director, Management and Budget; and Herb Thiele, County Attorney) and sometimes the County’s financial advisors..

Speakers:

• Mr. Randy Hanna, Managing Partner with Bryant, Miller & Olive, stated that BMO would like to continue as the County’s Bond Counsel, and introduced Ms. Jolinda Herring, lead Bond Counsel.
• Mr. Harold Knowles, Knowles & Randolph, stated that he is satisfied with BMO.

Commissioner Proctor stated that he believes that BMO and Knowles & Randolph have demonstrated a commitment to minority hiring.

The substitute motion, with the amendment, passed 6-1, with Commissioner Grippa opposed.

Staff: County Attorney – Herb Thiele

County Attorney Thiele explained that the County negotiated a 163 Development Agreement with Hopkins property to the north and south sides of I-10. The County has received a request from Hopkins North portion of the development to be designated a Regional Activity Center that is a permissible designation under the Statutes and under the Florida Administrative Code. He stated that Planning and Growth Management and Environmental staff have reviewed the request and staff will provide additional information regarding the impact. This request would allow additional intensity of development on a parcel without triggering the DRI threshold.

Commissioner Rackleff said he expects to have available all documents involved in the discussions so the Board understand what the developer is asking for and what County staff believes are the impacts of that and a report, in writing, the fulfillment of the developer’s obligations under the 163 Agreement for the Hopkins Crossing South, prior to scheduling public hearings

Commissioner Rackleff moved, seconded by Commissioner Thaell, to approve Option #1: Approve the request to schedule two public hearings, the first to be held on February 14, 2006, and the second to be held on February 28, 2006, to adopt the proposed Ordinance designating the boundaries of the Hopkins Crossing North Regional Activity Center.

Commissioner Grippa asked the County Attorney if the request amended the 163 Agreement, if the request is consistent with the 163 Agreement, and if the developer still has to meet concurrency requirements. He also asked why the DRI would not be triggered.

• County Attorney Thiele responded that the request does not amend the 163 Agreement, is consistent with the 163 Agreement, and the developer is still required to meet the pro rata share of mitigation. If the developer exceeds the parameters of the 163 Agreement, they would have to both amend the Agreement and come in for a Planned Unit Development (PUD), and do whatever off-site mitigation is required. Mr. Thiele stated that the reason for not triggering the DRI is because it is a site-specific mechanism and is local, not regional.
• Commissioner Grippa asked why the level of service goes from a Level D to a Level F. The County Administrator responded that the definition of Level F is a parking lot. Commissioner Grippa stated that he thinks the Board needs information regarding hard traffic counts and the date the road is expected to be done prior to going to public hearing.

Commissioner Rackleff withdrew his motion.

Commissioner Thaell stated the information would come out during the two public hearings. He added that this development is on the corner of Capital Circle NW and I-10 that is going to be four-laned and calls for that kind of mixed-use intensity.

Commissioner Thaell moved, seconded by Commissioner Sauls, to approve Option #1: Approve the request to schedule two public hearings, the first to be held on February 14, 2006, and the second to be held on February 28, 2006, to adopt the proposed Ordinance designating the boundaries of the Hopkins Crossing North Regional Activity Center. In addition, the Board should give complete direction to the developer of what the Board wants.

Commissioner Winchester expressed concerns that the additional traffic generated by the proposed development would reduce the level of service on Capital Circle NW, from I-10 to Fred George Road, to a level “F.” There has been no funding designation or prioritization to widen Capital Circle NW back to US 27, though it is on the long-range transportation plan.

• David McDevitt, Acting GEM Director, responded that the proposed development would be reviewed by the Development Review Committee and will be required to mitigate for all traffic concurrency issues.

Commissioner Rackleff stated that the Board needs the information before the first public hearing.

Speaker: Gary Yordon, representing the developer, stated that Hopkins Crossing does not have as much commercial development as Fallschase.

Commissioner Thaell amended the motion to reflect that the first public hearing will be February 28, 2006 at 6:00 p.m. and the second public hearing will be March 14, 2006 at 6:00 p.m.
The motion, as amended, passed 7-0.

Staff: GEM/Development Services – David McDevitt/Tony Biblo - Public Services/Planning – Vincent - Long/Wayne Tedder - County Attorney – Herb Thiele

Commissioner Grippa moved, seconded by Commissioner DePuy, to approve Option #1: Direct staff to initiate a comprehensive plan amendment in the 2006-2 cycle to designate Pisgah Church Road as a Canopy Road.
The motion passed 7-0.

Staff: Public Services/Planning – Vincent Long/Wayne Tedder

Commissioner Winchester moved, seconded by Commissioner Sauls, to approve Option #1: Approve and execute the Interlocal Agreement with Wakulla County pursuant to the terms and provisions of the Stipulated Settlement Agreement previously approved by the Board.

Commissioner Rackleff asked if the widening of Woodville Highway would be done before the development moves forward.

• The County Attorney responded that the Agreement calls for a traffic study and there would need to be developer mitigation if no capacity is available. He stated that either the developer or Wakulla County would pay for the road improvements.

The motion passed 7-0.

Commissioner Thaell moved, seconded by Commissioner Sauls, to approve Option #1: Conduct the first and only public hearing and deny the proposed Ordinance, retaining the existing R-3 (Single Family Detached, Attached Two Family Residential) District, based on the findings of fact and conclusions of law of the Tallahassee-Leon County Planning Commission.

Commissioner Winchester presented an overview of the issue and displayed drawings of the area.

Planning Director Tedder explained that Option #1 is the recommendation of the Planning Commission and Planning staff has recommended Option #2. He explained that the difference is the Planning Commission deals with policy and Planning Department deals with facts.

Commissioner Sauls withdrew her second and Commissioner Rackleff then seconded the motion.

Commissioner Winchester offered a substitute motion, seconded by Commissioner DePuy, to approve Option #2: Conduct the first and only public hearing and revise the proposed Ordinance to amend the Official Zoning Map from the R-3 (Single Family Detached, Attached Two Family Residential) to the OS (Open Space) district for the southernmost 50 ft. of the parcel, and to the M-1 (Light Industrial) district for the remainder of the parcel. (Staff recommendation).

Speakers:

• Mr. Elvin Kever spoke on behalf of the residents on Autumn Woods Way and stated that they support the Planning Commission’s recommendation to deny the rezoning.
• Mr. Bruce Benson, a resident on Autumn Woods Way, also requested the Board approve the Planning Commission’s recommendation.
• Mr. Tedder explained that the applicant did not apply for the required permit and violated stop work orders.

There was considerable Board discussion regarding the rezoning and the applicant’s failure to follow the law.

Commissioner DePuy withdrew his second. Commissioner Grippa offered a second.

The substitute motion failed 2-5, with Commissioners DePuy, Proctor, Rackleff, Sauls, and Thaell opposed.

The original motion passed 5-2, with Commissioners Grippa and Winchester opposed.

Commissioner Winchester moved, seconded by Commissioner Thaell, to approve Option #1: Conduct the first and only public hearing on a proposed Ordinance amending language of Article III “On-site Sewage Disposal Systems” of Chapter 18 “Utilities” Section 18-67 “Standards” paragraph (h) of the Code of Laws of Leon County, Florida

The motion passed 6-0, with Commissioner Sauls out of Chambers.

Commissioner Winchester moved, seconded by Commissioner Grippa, to approve Option #1: Conduct first public hearing, do not adopt the Ordinance Amending Section 10-173 of the Leon County Code of Laws, Redevelopment Allowances, and do not conduct second public hearing.
The motion passed 6-0, with Commissioner Sauls out of Chambers.

Commissioner Winchester moved, seconded by Commissioner Thaell, to direct staff to draft a retrofit ordinance.
The motion passed 6-0, with Commissioner Sauls out of Chambers.

Citizens to be Heard on Non-Agendaed Items (6-minute limit)

County Attorney

County Administrator

Discussion Items by Commissioners

Commissioner Grippa

County Administrator Alam responded that staff is looking at the Board’s schedule and will bring back an agenda item with a revised schedule for Board approval.

Staff: County Administration – Benjamin Pingree

Commissioner Grippa moved, seconded by Commissioner Winchester, to agenda an item regarding the limited public access to the Lake Bradford chain of lakes.
The motion passed.

Requested information from Wayne Tedder, Planning Director, regarding the Welaunee development.

• Commissioner Grippa moved, seconded by Commissioner Winchester, to have staff contact Department of Community Affairs on whether Welaunee will meet threshold to warrant a DRI. The motion passed 7-0.

Staff: GEM/Development Services – David McDevitt/Tony Biblo - County Attorney – Herb Thiele

Invite Commissioners and staff to the annual gala for the Alzheimer’s Project on Saturday, January 28th at 6:30 p.m. at the University Center.

Commissioner Thaell

• Commissioner Thaell moved, seconded by Commissioner Grippa, to approve a funding request for $1,000 for the C. K. Steele Scholarship Foundation, to be disbursed from the General Contingency Fund.
  The motion passed 5-0, with Commissioners Sauls and Winchester out of Chambers.

Staff: OMB – Alan Rosenzweig

Commissioner Rackleff

Staff: County Administration/Agenda Coordinator – Andrea Simpson/Christine Coble

Commissioner Rackleff moved, seconded by Commissioner Grippa, to have staff bring back an agenda item regarding changes to zoning code on home businesses in rural-designated areas.
The motion passed 4-0, with Commissioners Sauls, Thaell, and Winchester out of Chambers.

Staff: GEM/ Development Services – David McDevitt/Tony Biblo

Commissioner DePuy

Commissioner DePuy moved, seconded by Commissioner Thaell, to have staff bring an agenda item on the Downtown Babies lease at the Bank of America Building (Courthouse Annex).
The motion passed 4-0, with Commissioners Sauls, Thaell, and Winchester out of Chambers.

Staff: Management Services/Facilities Management - Kim Dressel/Tom Brantley

Commissioner Proctor

Staff: Management Services/Facilities Management – Kim Dressel/Tom Brantley

Requested the Board agenda consideration of a funding request from the Old West Florida Enrichment Center on Lake Bradford Road.

Staff: OMB – Alan Rosenzweig

Requested the Board agenda consideration of a funding request from the 100 Black Men of Tallahassee Area, Inc. for their Twelfth Annual Black Tie Affair.

Staff: OMB – Alan Rosenzweig

Commissioner Thaell moved, seconded by Commissioner DePuy, to waive the rules and take up a funding request.
The motion passed 5-0, with Commissioners Sauls and Winchester out of Chambers.

• Commissioner DePuy moved, seconded by Commissioner Thaell, to approve funding request of $1,000 from the NAACP for their annual awards banquet.
  The motion passed 5-0, with Commissioners Sauls and Winchester out of Chambers.

Staff: OMB – Alan Rosenzweig

Commissioner Thaell moved, seconded by Commissioner DePuy, to support the Chairman in approaching the Mayor regarding establishing a Blue Ribbon Panel to address housing issues, generate an action plan, and recommend funding sources for the Pine Ridge neighborhood.
The motion passed.

Staff: Public Services/Health and Human Services – Vincent Long/Joe Sharp

Commissioner Proctor invited citizens to join him for lunch at the Blue Collar restaurant as part of an initiative to meet with citizens in a casual environment on Thursday, January 26 at noon.

Receipt and File

Adjourn

The next Board of County Commissioners Meeting will be held on Tuesday, February 14, 2006 at 3:00 p.m.